(a) Statement of Intent. Trees are an essential element of the rural-village character of Shawnee Hills as defined in the Long Range Master Plan for land use. Trees are also important to the Village as they contribute to stormwater management, reduce erosion and provide habitat for wildlife. Therefore, it is the intention of the Village to preserve healthy trees over 6" in diameter when measured 24" from the ground. It is the intent of this section to promote and protect public safety, convenience, comfort, prosperity and general welfare of the Village.
(Ord. 13-97. Passed 6-9-97.)
(b) Trees Affected by the Tree Preservation Overlay District. All trees over 6" in diameter when measured 24" from the ground shall not be cut down or otherwise be compromised for any reason without written approval from the Village Administrator and/or his/her designee, with advise from the Village Forester or written approval from the Planning and Zoning Board according to the procedure described in this section.
(Ord. 20-2010. Passed 10-25-10.)
(c) Area of Applicability. The Tree Preservation Overlay District is to cover all areas of the Village in order to protect the aesthetic and environmental significance of the trees in all of the Village’s Zoning Districts.
(Ord. 13-97. Passed 6-9-97.)
(d) Authority for Village Decisions Affecting Trees on Public and Private Property. The Village Administrator and/or his/her designee, with advice from the Village Forester, shall have the authority to approve or prohibit activities related to and affecting trees within the Tree Preservation Overlay District.
(e) Procedures for Obtaining Approval for Removing, Pruning, or Relocating a Tree.
(1) Subject to the process described herein and the determination(s) set forth in subsection (g)(2) below, the decisions to treat, remove, or retain trees on private property shall be the property owner's. Property Owners should consider many variables when evaluating options, including tree size, location, and condition; access to the tree; potential targets should the tree fall; property value; shade, heating and cooling values; treatment techniques, efficacy, and costs' proximity of EAB infestation; and intangible costs. Anyone wishing to remove (cut down), prune (the shortening or removal of any tree limb greater than twelve inches in diameter as measured at any location on the limb), relocate or otherwise compromise the welfare of a tree as defined in the Tree Preservation Overlay District shall notify the Village Administrator of his or her plans prior to commencing any activity affecting the tree(s).
(2) The Village Administrator and/or his/her designee and the Village Forester shall meet with the person(s) wishing to remove, prune, relocate or otherwise compromise a tree and personally visit the site. The Village Forester shall review construction plans and other plans related to removing, pruning, or moving trees.
(3) If, after discussing the removal, pruning, or relocation of any tree within the Village with the Village Forester and the property owner, the Village Administrator believes the removal, pruning, and/or relocation of a tree is necessary and reasonable, he or she shall provide written authorization for pruning, relocating, or removing any tree within the Village to the property owner and to the Planning and Zoning Board within fifteen days of the applicant's request for review under this section.
(4) Village residents may address their opinions regarding any tree-related plans to the Village Administrator and/or Village Forester.
(5) Decisions of the Village Administrator made under this Section shall be appealable to the Board of Zoning Appeals.
(Ord. 20-2010. Passed 10-25-10.)
(f) Tree Topping Prohibited. No trees shall be topped. Topping is the removal of the upper portion (from one-quarter to one-half) of a tree.
(Ord. 13-97. Passed 6-9-97.)
(g) Removal and Replacement of Diseased, Dead or Damaged Trees; Trees that Interfere with Public Utilities and other Improvements.
(1) Trees that are diseased, dead or damaged by forces of nature, such as storms and high winds, may be removed with the approval of the Village Administrator and/or his/her designee. All diseased, dead or damaged trees that are removed with the Village Administrator's and/or his/her designee's approval must be replaced by the property owner with a tree of at least 2" in diameter measure 24" from the ground and be of a species approved by the Village Forester.
(2) Any tree or parts thereof, which the Village Administrator, with the advice of the Village Forester, has determined is diseased, dangerous, causing damage to, or obstructing any sewer line, electric power line, gas line, water line, or other public improvement, shall be removed upon the written notice of the Village Administrator and/or his/her designee. If any tree(s) are suspect of being infected with emerald ash borer or any other disease/insect must first be positively identified by the Village Forester. Once so identified, the tree must be immediately treated or removed. The Village Administrator and/or his/her designee shall give to the property owner written notice of the determination and an order to remove or treat said tree within thirty (30) days. Should the property owner fail to comply with a removal order within the specified time, upon approval of the Village Council, the Village Administrator may employ the necessary labor and equipment to perform such task, together with any cleanup work required. Any expenses incurred shall, when approved by Council, be paid out of any money in the treasury of the Village not otherwise appropriated. It shall be lawful for the Village, its employees, or agents to enter the property to remove such trees and to bill the property owner for the actual cost of the work performed. If such charges are not paid within thirty days after mailing of the notice, then the council shall make a written return to the County Auditor of its action under this chapter, with a statement of the approved charges, the amount paid for the performing of labor, the fees of the officers who made the services of the notice and return and a proper description of the premises be entered upon the tax duplicate, shall be a lien upon such lands from the date of the entry and shall be collected as other taxes and returned to the Village with the General Fund.
(3) Trees removed for any non-emergency reason without review and written approval by the Village Administrator and/or his/her designee, as discussed in paragraph (e) above, will result in penalties as later described in this section. An emergency for the purposes of this section is a situation in which there is an immediate threat to life or property due to a sudden circumstance.
(4) Emerald Ash Borer (Agrilus Planipennis), an ash tree-killing insect from Asia, was identified in Ohio in 2003.
A. There are numerous ash trees within the Village of Shawnee Hills, and currently no formal inventory exists. Ash density varies by street. However, the Emerald Ash Borer has been found in the Village.
B. The best way to control against the insect is through education, the proper identification of its presence and the proper disposal of infested wood. Property owners are urged to monitor the EAB's movements and to contact the Village Forester with questions via the Village Office.
(Ord. 20-2010. Passed 10-25-10.)
(Ord. 20-2010. Passed 10-25-10.)
(h) New Construction Around Trees.
(1) Before any site clearing or other construction activity begins, all trees, either individually or as a group or groups, shall be enclosed with at least three foot high orange construction fencing to prevent any access to the tree(s). Unless otherwise approved by the Village Forester. Fencing should be placed six feet from the base of the tree. Such fencing shall not be removed until the construction is complete. Such trees to which this section applies shall not be disturbed any time before or after construction except for necessary access as approved by the Village Forester.
(2) No development, clearing, construction or work shall be performed within six feet of trees protected by this section except as deemed necessary by the Village Forester. If a tree or trees are disturbed at any time, including but not limited to utility construction and/or easement, building or grading construction, by the developer, such disturbances that occur shall be restored to a condition approved by the Village Forester.
(3) All construction projects within six feet of a tree shall be conducted with evidence that the following elements are being monitored in regard to the welfare of the tree(s).
A. Conservation of soil moisture.
B. Reduction of rainfall and erosion.
C. Reduction of soil compaction from construction activities.
D. Reduction of competition from grasses and weeds.
E. Increased soil fertility.
F. Improved soil structure; and
G. Moderation of soil temperature, with a subsequent increase in root development activity.
(i) Penalty.
(1) If this section is violated during a construction project, the Building Inspector may place a stop work order on the construction until such time as the Village Forester has approved remedial measures bringing the construction activity into compliance with this section.
(2) Violations of this section shall be calculated and fines shall be assessed on a per tree basis.
(3) Any resident or other person who violated any provisions of this section or fails to comply with any of its requirements, including violations of conditions and safeguards established in connection with this section, shall, upon conviction thereof, be found guilty of a minor misdemeanor and shall be subject to a fine not to exceed one thousand dollars ($1,000) and, in addition, shall pay all cost and expenses involved in the case, including the costs of restoring the area to its original condition prior to the violation. Each day such violation continues shall be considered a separate offense.
(4) Any organization (including but not limited to a developer, contractor, and/or subcontractor) who violated any provisions of this section or fails to comply with any of its requirements, including violations of conditions and safeguards established in connection with this section, shall, upon conviction thereof, be found guilty of a minor misdemeanor and shall be subject to a fine not to exceed one thousand dollars ($1,000) and, in addition, shall pay all costs and expenses involved in the case, including the costs of restoring the area to its original condition prior to the violation. Each day such violation continues shall be considered a separate offense.
(5) Any fines collected under this section shall be paid to the Village Park Fund for use in improving landscaping within Village Parks and Village Property.
(6) Nothing herein contained shall prevent Village Council from taking such other lawful action as is necessary to prevent or remedy any violation.
(Ord. 13-97. Passed 6-9-97.)