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As used within this chapter, the following terms shall have the meanings set forth in this section:
(a) "Tree" means:
(1) Any living woody plant with needles or scale-type leaves that has a well-defined stem or stems with a diameter of at least six inches at four and one-half feet from the surface of the ground.
(2) Any living, self-supporting woody broad leaf plant that has a well-defined stem or stems with a diameter of at least two inches at four and one-half feet from the surface of the ground.
(3) Any living self-supporting woody plant that has a well-defined stem or stems which has been intentionally cultivated and established.
(b) "Public trees" includes all trees now or hereafter growing on any street, park or any other public site.
(c) "Streets, alleys, highways or ways" means the entire width of every public way or right of way when any part thereof is open to the use of the public, as a matter of right, for purposes of vehicular and pedestrian traffic.
(d) "Property line" means the legal boundary line between private and City-owned land.
(e) "Tree lawn" means that part of a street not covered by a sidewalk or other paving, lying between the property line and that portion of the street usually used for vehicular traffic.
(f) "Property owner" means the person owning such property as shown by the County Auditor's Plat of Cuyahoga County, State of Ohio.
(g) “Large trees” means those trees expected to attain a height of forty-five feet or more.
(h) “Medium trees” means those trees expected to attain a height of thirty to forty-five feet.
(i) “Small tree” means those trees expected to attain a height under thirty feet.
(j) “Remove” or “removal” means the removal of all above and below ground parts, including the stump and roots.
(k) “Diameter at Breast Height” (D.B.H.) means a tree's diameter in inches measured by a diameter tape at four and one-half feet from the surface of the ground. On trees having multiple stems, the largest diameter stem shall be measured.
(l) “Parks” includes any City public spaces designated for recreation and/or conservation.
(m) “Public site” includes any other ground owned by the City.
(n) “Dripline” means the approximately circular vertical extension to the ground of the outermost branches and/or leaves of the tree as an indication of the spread of the root system.
(o) “Critical root zone” is an area equivalent to one foot per inch of diameter at breast height from the tree.
(Ord. 16-92. Passed 7-27-92; Ord. 20-15. Passed 12-28-15.)
There is hereby created and established a Tree Commission for the City, to consist of nine voting members, as follows:
(a) Appointments. Members are to be appointed in the following manner: One voting public member appointed by the Mayor; five voting public members appointed by Council in a manner to be determined by the Tree Commission. One voting seat shall be occupied by preferably the City Arborist or a member of the Service Department serving in that position. One voting seat shall be occupied by a representative of the Building and Housing Department. The remaining voting seat shall be occupied by a member of Council appointed by the President of Council. The Director of Public Service shall occupy a nonvoting seat on the Commission. Up to two additional ex-officio (non-voting) members may be appointed upon agreement between Council and the Mayor so as to insure that expertise in urban forestry is well represented.
(b) Terms. Public members shall serve four-year terms. Terms shall begin on either January 1 or July 1 of the year in which a member is appointed. A vacancy occurring during the term of any member of the Commission shall be filled for the unexpired term in the manner authorized for an original appointment.
(c) Eligibility. Public members shall be residents of the City of South Euclid. Voting members shall not miss more than two unexcused meetings a year or may risk removal from the Tree Commission.
(d) Qualifications. Public members shall, within three years of their appointment, have completed either Tree Commission Academy presented by the Ohio Department of Natural Resources Division of Forestry or receive other training in urban forestry, tree care, and public tree management. Those who do not fulfill this obligation may not be eligible for reappointment to a new term.
(Ord. 16-92. Passed 7-27-92; Ord. 20-15. Passed 12-28-15; Ord. 07-24, passed 2-12-24.)
Members of the Tree Commission shall serve without compensation, but shall be entitled to reimbursement for any and all necessary expenditures in carrying out the duties of such Commission and may retain the services of qualified professionals when necessary to facilitate the function of such Commission.
(Ord. 16-92. Passed 7-27-92; Ord. 20-15. Passed 12-28-15.)
The Tree Commission shall meet at least six times each year or as needed. Meetings of the Tree Commission shall be open to the public and announced in advance via the city website or other appropriate means. The Commission shall keep minutes of its meetings and file them with the Clerk of Council. The Commission shall choose its own officers, and follow Robert's Rules of Order. A majority of the members shall be a quorum for the transaction of business. All plans, findings, advice, reports and recommendations made by the Commission shall be in writing and designate by name those members of the Commission approving or concurring therein, and members who do not so approve or concur therein shall have the right, as a part of such report, to state their reasons for refusing to approve or concur.
(Ord. 42-99. Passed 6-28-99; Ord. 20-15. Passed 12-28-15; Ord. 03-18. Passed 2-26-18; Ord. 07-24, passed 2-12-24.)
(a) It shall be the responsibility of the Tree Commission to develop, administer and maintain a written plan to be known as the Master Tree Plan.
(b) The Commission, when requested by Council, or when an issue occurs involving trees on City properties, easements, or tree lawns, shall consider, investigate, make findings, report and recommend upon any special matter of question coming within the scope of its work. The Commission shall study the problems and determine the needs of the City in connection with its tree planting and maintenance program.
(c) The Commission shall recommend to the Director of Public Service, the type and kind of trees to be planted upon such City streets or parts of City streets or in parks as designated.
(d) The Commission shall assist the Director of Public Service, as well as Council and residents of the Municipality in the dissemination of news and information regarding the selection, planting and maintenance of trees within the corporate limits, whether the same are on private or public property and shall make such recommendations from time to time to Council as to desirable legislation concerning the tree program and activities for the Municipality. The Commission shall work in conjunction with civic and public interest groups devoted to tree care and preservation. The Commission shall plan and sponsor the city's annual Arbor Day celebration on the last Friday in April.
(Ord. 42-99. Passed 6-28-99; Ord. 20-15. Passed 12-28-15; Ord. 03-18. Passed 2-26-18.)
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