1173.05  REGULATIONS FOR THE CUTTING OF TREES.
   (a)   Timbering or Commercial  Cutting Defined.  As used in this Section, "timbering or commercial cutting" means the cutting or removal of five (5) trees or more having a trunk diameter of eight (8) inches or more DBH (diameter at breast height). 
(Ord. 2018-10.  Passed 5-9-18.)
   (b)   Zoning Certificate Required.  There shall be no clear-cutting, timbering or commercial cutting of trees on any piece or parcel of land located within the Village unless a Zoning Certificate therefor shall have been issued by the Building Inspector.
   (c)   Clear-cutting. 
      (1)   Clear-cutting is defined as: The removal of trees from a forested area to the extent that there is a clear danger of soil erosion and depositing of eroded soil upon adjacent land, public streets, private streets, or into adjacent waterways.  The removal of all trees from a forested area at one time, without regard to species, quality, age or spacing shall be deemed clear-cutting.
      (2)   Clear-cutting is prohibited, except to the extent necessary to clear a building site, driveway, pool, tennis court, accessory building, household sewage treatment system and right of way providing access to the site from a dedicated public street, after a permit therefor has been issued by the Building Inspector.    (Ord. 2012-21.  Passed 7-11-12.)
   (d)   Selective Cutting. 
      (1)   Timber Stand Improvement (TSI) is defined as improving the quality of a forest stand by removing or deadening undesirable species to achieve desired stocking and species composition.  TSI practices include applying herbicides, burning, girdling, or cutting.
      (2)   Selective cutting is defined as the partial cutting of a timbered area, removing the over mature and partially defective trees.  The cutting is so designed to result in a uniform forest canopy, which will permit optimum growth and maintain natural conditions following cutting.
      (3)   Selective or Timber Stand Improvement shall be permitted under the following conditions, upon application to the Building Inspector.
         A.   The Building Inspector and the owner or his or her representative shall together inspect the wooded area to be selectively cut, to butt brand and ribbon the specific trees to be cut.  A comprehensive list of all trees listing size by DBH (diameter at breast height), species and condition shall be provided to the Building Inspector before initiation of the project.  If the Building Inspector and the owner or his or her representative are unable to come to an agreement regarding the specific tree(s) to be cut, the Building Inspector may hire an arborist, at the Village’s expense, to determine the specific tree(s) to be cut.
         B.   Only trees so branded and marked shall be cut.  Each unauthorized cutting of an unmarked tree shall constitute a separate violation of this Section and shall constitute grounds for the immediate revocation of the permit.
         C.   A maximum of four (4) trees shall be permitted to be cut with a trunk diameter of eight (8) inches or more DBH (diameter at breast height).  All reasonable care must be taken to prevent damage to trees that remain, so that the wooded area may return to its original condition in a reasonable amount of time.
            (Ord. 2018-10.  Passed 5-9-18.)
   (e)   Applications for Zoning Certificate.  An application for a Zoning Certificate to cut trees, as required by this Section, shall be in writing and shall set forth in full the name and address of each owner of the premises upon which it is proposed to engage in the cutting of trees; the name and address of each person who shall engage in the cutting of trees on such premises, either under contract or any other arrangement with the owner; a copy of this company's proof of insurance, and a performance guarantee; a copy of the contract covering such arrangement for the cutting of trees, or if there is no such contract reduced to writing, a succinct statement of the terms and provisions of such arrangement; and the address and Permanent Parcel Number of the premises upon which such cutting of trees is proposed, or a sketch of the location of the trees on the premises, and a comprehensive list of trees to be removed. 
(Ord. 2012-21.  Passed 7-11-12.)
   (f)   Conditions of Zoning Certificate; Performance Guarantee. The conditions under which Zoning Certificates shall be issued under this Section are as follows:
      (1)   A review of the impacts to erosion, stream sedimentation, storm water runoff, streams and wetlands.
      (2)   A Zoning Certificate for the cutting of trees shall not be issued by the Building Inspector in any case where such cutting of trees would result in interference with the natural water supply of the Village or any of the lots or lands therein, or if it would result in the undue erosion of the soil on such lots or lands. 
      (3)   A Zoning Certificate for the cutting of trees shall require that each tree be cut to within twelve inches of grade, or as close thereto as reasonably possible, and all of the cordwood branches, brush, rubble and refuse resulting therefrom will be removed from the premises or cut up, chipped and placed on the forest floor in such a way that no fire hazard shall result therefrom.  A follow-up inspection by the Building Inspector shall be completed to assure the Village of such compliance.
         (Ord. 2018-10.  Passed 5-9-18.)
      (4)   The Building Inspector is authorized to require the filing with the Village by the applicant of a performance guarantee, the penal sum of which shall be in an amount which the Building Inspector reasonably estimates will be sufficient to pay the cost and expense of the clean-up operation (defined as the final process of removing of debris resulting from the cutting of trees and as outlined above in subsection (3) hereof) deemed necessary during the follow-up inspection.
      (5)   The performance guarantee hereinabove provided for shall be signed by the owner of the premises concerned and by each of the persons with whom arrangements have been made for the commercial cutting of the trees under contract or otherwise as principals, and by such sureties as the Building Inspector shall deem sufficient.  Any Zoning Certificate granted shall be valid for a period of ninety (90) days.
   (g)   Exemptions.  The following activities and properties are exempt from the regulations in this Section and no Zoning Certificate for tree removal is required.
      (1)   The removal of dead, diseased or damaged trees.
      (2)   The removal of trees necessary for the construction, operation and maintenance of drainage facilities and sanitary and storm sewers approved by the Village.
      (3)   The removal of trees for construction of public roadways/streets and improvements approved by the Village.
      (4)   The removal of trees in time of emergency or which pose potential danger to life or property.
      (5)   The removal of trees required for the installation, maintenance and repair of underground and overhead utilities approved by the Village.
      (6)   Timber harvests performed under the Agricultural Use Value Tax Reduction Program, or the Ohio Forest Tax Law Program.
      (7)   The removal of trees as necessary to develop in accordance with an approved development plan.  (Ord. 2012-21.  Passed 7-11-12.)
   (h)   Tree Cutting Not Requiring a Zoning Certificate.  Notwithstanding the exemptions set forth in subsection (g), the cutting of trees within the Village that does not require a zoning certificate shall be subject to the requirement that each tree shall be cut to within twelve (12) inches of grade, or as close thereto as reasonably possible, and all of the cordwood branches, brush, rubble and refuse resulting therefrom shall be removed from the premises or cut up, chipped and placed on the forest floor in such a way that no fire hazard shall result therefrom.
(Ord. 2017-19.  Passed 5-10-17.)
   (i)   Violations.  The list of offenses that could result in violations of this Section shall include, but not be limited to:
      (1)   Removal or destruction of a tree without a zoning certificate, but not including the removal or destruction of the up to four (4) trees permitted without a zoning certificate under this section;
      (2)   Removal of more trees than listed on the zoning certificate; 
      (3)   Commencing tree cutting without a zoning certificate; 
      (4)   Failure to adequately protect trees during operation, and 
      (5)   Improper clean-up operations, as defined in Section 1173.05 (f)(3) and (h).
         (Ord. 2018-10.  Passed 5-9-18.)