The following shall be enacted as the "Tree Code" of the City of St. Marys:
(a) (1) "Street trees" mean trees, shrubs, bushes, and all other woody vegetation on land lying between property lines on either side of all streets, avenues, or ways within the City.
(2) "Park trees" mean trees, shrubs, bushes, and all other woody vegetation having individual names found in public parks or to which the public has free access as a park.
(b) The Commission shall have the power to promulgate a list of what constitutes the official street tree species, size and class for the City. No species, size or class other than those included in the list may be planted as street trees without written permission of the City Tree Commission. This list shall be reviewed and updated annually by the Tree Commission.
(c) The spacing of street trees will be in accordance with the tree species, size and class referred to in subsection (b) hereof and no trees may be planted closer together than the following: small trees, thirty feet; medium trees, forty feet; and large trees, fifty feet, except in special plantings designed and approved by the Tree Commission.
(d) The distance trees may be planted from curbs or curblines and sidewalks will be in accordance with the tree species, size, and class referred to in subsection (b) hereof, and no trees may be planted closer to any curb or sidewalk than the following: small trees, two feet; medium trees, three feet; and large trees, four feet.
(e) No street trees shall be planted closer than thirty-five feet from any street corner measured from the point of nearest intersecting curb or curblines. No street tree shall be planted within ten feet of any fire hydrant.
(f) No street trees other than those species referred to as small trees in subsection (b) hereof may be planted under or within ten lateral feet of any overhead utility wire or over or within five lateral feet of any underground water line, sewer line, distribution lines, or other utility. A public utility company shall obtain the written approval of the Tree Commission or its authorized City representative for any pruning project undertaken for the clearing of electrical or telephone lines.
(g) The City shall reserve the right to prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to insure public safety.
(h) The Tree Commission shall reserve the right to cause or order to plant, prune, maintain and remove trees, plants, and shrubs, within the lines of all streets, alleys, avenues, lanes, squares and public grounds as may be necessary to insure public safety or to preserve or enhance the symmetry and beauty of such public grounds.
(i) The City Tree Commission may remove or cause or order to be removed any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines, or other public improvements, or is affected with an injurious fungus, insect or other pest. This section does not prohibit the planting of street trees by adjacent property owners providing that the selection and location of the trees is in accordance with subsections (c) to (f) hereof.
(j) All ash trees must be inspected by crew foremen for Emerald Ash Borer (EAB) prior to chipping, grinding, slabbing, or moving any wood from said tree off-site. Crown of tree must be inspected for D-shaped exit holes and bark splitting. Bark must also be removed with hammer and chisel, sharp knife, or drawknife to inspect for EAB galleries. If, in the event that exit holes, larvae, pupae, adults, or galleries are found, a crew foreman must contact designated municipal representative immediately. If tree appears to be positive for EAB, a municipal representative will then proceed by contacting the Ohio Department of Agriculture’s EAB Division immediately. All work must cease until a said municipal representative authorizes that work continue.
(k) It shall be unlawful as a normal practice for any person, firm or City department to top any street tree, park tree or other tree on public property unless permission is granted by the Tree Commission. Topping is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storm or other causes, or certain trees under utility wires or other obstructions where other pruning practices are not practical may be exempted from this ordinance at the determination of the City Tree Commission or its authorized representative.
(l) Every owner of any tree overhanging any street or right-of-way within the City shall prune the branches of such tree or trees so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection so that there shall be a clear space of eight feet above the surface of the street or sidewalk. The owners shall remove all dead, diseased or dangerous trees or broken or decayed limbs which constitute a menace to the safety of the public. The City shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a street light or interferes with the visibility of any traffic control device or sign or interferes with actions of City vehicles through alleyways. The cost of such trimming performed by the City or its contractors may be charged to the abutting property owner.
(m) The City Tree Commission shall have the right to cause the removal of any dead or diseased trees on private property within the City, when such trees constitute a hazard to life and property or harbor insects or disease which constitute a potential threat to other trees within the City. The City Tree Commission will notify in writing the owner of such trees to be removed. Removal shall be done by the owners at their own expense within thirty days after the date of service of the notice of removal. In the event of failure of owners to comply with such provisions, the City shall have the authority to remove such trees and certify cost of removal on the owner's property tax.
(n) All stumps of street and park trees shall be removed below the surface of the ground a minimum of twelve inches to facilitate landscaping. These stumps will be removed through a stump removal program conducted annually by the City.
(o) It shall be unlawful for any person to prevent, delay or interfere with the City Tree Commission or any of its agents while engaging in and about the planting, cultivation, mulching, pruning, spraying or removing of any street trees, or trees on private grounds, as authorized by this chapter.
(p) The Tree Commission shall approve a tree plan for any new subdivisions.
(q) It shall be a violation of this chapter to abuse, destroy or mutilate any tree, shrub or plant in a public tree lawn or any other public place, or to attach or place any rope or wire (other than one used to support a young or broken tree), sign, poster, handbill, or other object to or on any tree growing in a public place or to allow any gaseous, liquid or solid substance which is harmful to such trees to come in contact with their roots or leaves.
(r) It shall be unlawful for any person or firm to engage in the business or occupation of pruning, treating, or removing trees within the City, without first of all applying for and procuring a license. The application for such license shall be reviewed and approved by the Tree Commission. The license fee shall be twenty-five dollars ($25.00) annually in advance, provided, however, that no license shall be required for any public service endeavors. Before any license shall be issued, each applicant shall first file evidence of possession of workers' compensation coverage by the State of Ohio and in addition evidence of liability insurance in the minimum amount of one hundred thousand dollars ($100,000) for bodily injury and one hundred thousand dollars ($100,000) property damage indemnifying the City for any person injured or damage resulting from the pursuit of such endeavors as herein described. All vehicles used in the operation of such an endeavor as described above shall have the company name displayed legibly and prominently on all vehicles and shall display the City license in plain view.
(s) Council shall have the right to review the conduct, acts, and decisions of the City Tree Commission. Any person may appeal any ruling or order of the City Tree Commission to the Council Street and Sidewalk Committee which may hear the matter and make a final recommendation to Council.
(t) Any person violating any provision of this code shall be deemed to have committed a minor misdemeanor. In addition, any person found guilty of destroying a tree shall replace the tree with a size and species recommended by the Tree Commission. Each tree affected by noncompliance with this chapter shall constitute a separate violation.
(Ord. 2005-16. Passed 6-27-05.)
(Ord. 2005-16. Passed 6-27-05.)