(a) Whenever it is necessary for the Village to remove a tree from the Village right of way, the Village shall remove such trees and replace them, or plant on another right-of-way area, an equal number of trees to the satisfaction of the Tree Commission. Trees planted shall be of a species on the Commission’s approved list.
(b) Except as specified in Section 909.05, no person or property owner shall remove a tree from the right-of-way for any reason without approval from the Tree Commission. Should approval be given for the removal, the person shall be required to replant or replace an equal number of trees at the landowner’s cost. The Tree Commission must approve the replacement or replanting.
(c) Any tree removed in a right-of-way by the Village or by other person shall include removal for the stump as specified in Section 909.05(c).
(d) In addition to the penalties proved in Section 909.99, whoever violates this section is liable to the Village in treble damages for the injury caused. The Village may pursue recovery of treble the actual cost of the damage caused by the removal of a tree and failure to replace it in a civil action to recover said costs. The excess funds received in any such civil action shall be transferred to the Tree Commission account. (See ORC 901.51.) (Ord. 02-29. Passed 6-4-02.)