(a) Village Responsibility.
(1) Whenever it is necessary for the Village to remove a Tree from Village Right-of-Way, the Village shall remove such Trees and replace it or plant, on another Right-of-Way area, an equal number of Trees to the satisfaction of the Administrator or their Agent when feasible.
(2) No Person or Property Owner shall remove a Public Tree for any reason without approval from the Administrator or their Agent. Permits are available to remove a Public Tree at the Plain City Municipal Building and onljne at the Village website. Should approval be given for the removal, the Person will be billed by the Village of Plain City for the reestablishment of an equal number of diameter inches removed to be planted by the Village in a location of its choosing. Reestablishment cost shall be determined annually per Village of Plain City's Tree Commission. Failure to pay reestablishment fee within thirty (30) days shall result in the fee being assessed to the property taxes.
(3) Whenever any Tree or Shrub is planted or set out in conflict with the provisions of this ordinance and policies and specifications of the Village, the Administrator or their Agent may cause removal of the same without obligating the Village to replace the illegally planted Tree(s).
(b) Tree Planting on Public Property.
(1) All planting of Public Trees shall conform to the current industry Tree planting specifications. All selection of Public Trees shall promote the establishment of quality Tree canopy, thus favoring the use of large stature trees where space accommodates them. All Tree plantings must adhere to the 10-20-30 rule and applied annually when feasible. All selected Tree species to be planted must be on the Approved Species List created by the Tree Commission. Permits for planting on public property are available at the Plain City Municipal Building and online at the Village website.
(c) Planting and Removal of Public Trees - Permit Required.
(1) No Person shall plant or remove a Tree in a Tree Lawn or other Public Place without first obtaining the prior written approval of the Administrator or their Agent. The Village shall require the Property Owner to obtain a Work Permit from the Administrator or their Agent. The Person obtaining the Work Permit shall abide by the standards as set forth in this ordinance and policies and specifications of the Village. The Work Permits are available at the Plain City Municipal Building and on the Village website.
(2) Unless specifically authorized by the Tree Commission or the Administrator or their Agent, no Person shall intentionally damage, cut, carve, top, transplant, place soil or mulch against the trunk/root collar, or remove any Tree; attach any rope, wire, nails, advertising posters, squirrel feeder, or other contrivance to any Tree or Shrub; allow any gaseous, liquid, or solid substance to come in contact with them; set fire or permit fire to burn when the fire or heat thereof shall injure any portion of any Tree or Shrub.
(3) In addition to the penalty provided in Section 901.99 of the Ohio Revised Code, whoever violates this section is liable in treble damages for the injury caused (ORC 905.51). Replacement cost shall be determined based on the diameter inches at DBH.
(Ord. 27-2023. Passed 10-9-23.)