The planting of street trees shall be required at the time a parcel is developed or redeveloped, in all zoning districts, and in accordance with the following regulations.
(a) Requirements for Trees Located on City-Owned Public Property. The following are requirements for the planting, pruning and removal of trees within City-owned property. For the purposes of this section, City-owned property shall include all public ways, streets, alleys, parks or other property owned by the Municipality.
(1) It shall be required that all subdividers or developers plant trees along public streets of their developments in such a manner, type, quantity and location as approved by the Planning Commission and as defined by the following conditions, and that any undeveloped street or existing street with undeveloped frontage shall conform to these requirements at the time of the development.
(2) Trees to be approved by the City Arborist.
(3) The maximum spacing between trees shall be forty-five (45) feet for large trees, thirty-five (35) feet for medium trees, and twenty-five (25) feet for small trees (see definition below).
(4) The minimum distance between the tree and the edge of the street shall be two and one-half (2 1/2) feet for a large tree, two feet (2) for a medium tree and one and one-half feet for a small tree. In areas where a sidewalk exists or is proposed, the minimum distance between the tree trunk and both the edge of the street and the sidewalks shall be two feet for a large tree, two feet for a medium tree and one and one-half feet for a small tree.
(5) The tree location shall be at least twenty (20) feet from street intersections and ten (10) feet from the fire hydrants or utility poles.
(6) A small tree shall be used when planting under or within ten lateral feet of overhead utility wires. A small or medium tree shall be used when planting within ten to twenty lateral feet of overhead utility wires.
(7) The developers shall be required to maintain the trees for one year after the trees are planted and to replace any tree which fails to survive or does not exhibit normal growth characteristics of health and vigor within such one-year period. A one-year guarantee period shall begin at each planting and shall recommence as trees are replaced.
(8) Trees planted pursuant to the requirements of this section shall be warranted for a period of two (2) years.
(9) Trees shall be at least two inches (2") in diameter, one foot (1') above the ground. Lowest branches shall be not less than seven feet (7') above the ground.
(b) Tree Topping. No person shall, as a normal practice, top any tree within the public right-of-way. 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.
(c) Height of Limbs Over Sidewalks and Streets. Tree limbs extending over a sidewalk shall be trimmed to such an extent that no portion of the same shall be less than seven feet above the sidewalks. Tree limbs extending over streets shall be trimmed to such an extent that no portion of the same shall interfere with the normal flow of traffic.
(d) Municipal Rights. The Municipality shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes and other public grounds as may be necessary to insure public safety or to preserve or enhance the environmental quality and beauty of such public grounds. A public tree permit shall be obtained prior to commencement of work. The City Arborist or other Building Commissioner may 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.
(e) Reducing Treelawn. No person shall by any type of construction reduce the size of a treelawn without first procuring permission from the City Engineer.
(f) Violations. A person who removes, damages or causes to be removed a public tree from the treelawn or other public place without a Public Tree Permit shall be subject to the provisions and penalties of Section 1197.13 of the Codified Ordinances of the City of Twinsburg and/or shall be required to remove and replace the tree with a tree of like caliper as approved by the Municipality.
(g) Permit Requirements.
(1) No person, contractor or City department shall hereafter plant, remove, prune, or treat with growth inhibiting measures, any tree or shrub upon any public way, street, alley, park, or other property owned by the City, without obtaining a public tree permit from the City of Twinsburg, or in the case of municipal park land, a public tree permit shall be issued by the City Engineer. A public tree permit shall specify the number of trees or shrubs, size, type, species, and location to be planted, pruned or removed.
(2) The City Engineer or an appropriate designee shall have the authority to deny a permit to any person or contractor, who proposes to plant any tree or shrub upon a public way, street, alley, park or other property owned by the City, of a size, type or species determined to be undesirable for the proposed location, or if the location is determined to be unsuitable.
(3) Public tree permits shall be valid for a maximum period of sixty days, unless otherwise specified. All work approved by the permit shall be completed in the time specified by the permit and in the manner described. Permits shall be considered void if the terms are violated. If the work to be performed is in a City owned right-of-way, an additional permit is required from the City Engineer to work in a public right-of-way.
(4) Public tree permits shall be administered by the City Engineer. Each location subject to a public tree permit shall be field inspected by the City Forester or Engineer Planner prior to approval or rejection. All permits for pruning of public trees shall show conformance with the National Arborist Association Pruning Standards For Shade Trees.
(5) Utility companies shall provide written evidence to the City Engineer, of adherence to established guidelines (as recommended by the National Arborists Association) for line clearance work. These guidelines shall cover the following areas:
A. Tree trimming/pruning.
B. Tree removal.
C. Brushing.
D. Right-of-way clearance for a new transmission conductor on private right-of-way.
E. Chemical brush control and appropriate precautions.
(h) Removal, Replanting and Replacement in Public Places.
(1) Wherever it is necessary to remove a tree(s) or shrub(s) from a treelawn or other public place, as defined, in connection with the paving of a sidewalk, or the paving or widening of a portion of a street, alley, or highway used for vehicular traffic, or any other reason, the City shall endeavor to remove and replant such trees or shrubs, or replace them.
(2) No person or adjacent property owner shall remove a tree or shrub from the City-owned treelawn, or other public place, as defined, for any purpose.
(i) Abuse or Mutilation of Public Trees.
(1) Unless specifically authorized by the City Engineer or an appropriate designee, no person shall intentionally damage, cut, carve, transplant, or remove any tree or shrub in a City-owned tree lawn or other public place; attach any rope, wire, nails, advertising posters, or other contrivance to any tree or shrub, allow any gaseous liquid, or solid substance which is harmful to such trees or shrubs to come in contact with them; or set fire or permit fire to burn when such fire or the heat thereof will injure any portion of any tree or shrub.
(2) No person shall excavate any ditches, tunnels, trenches, or install a driveway or sidewalk within a radius of ten feet from the trunk of any public tree or shrub without first obtaining written approval from the City Engineer.
(j) Public Tree Care.
(1) The City shall have the right to plant, prune, maintain and remove trees, plants and shrubs or portions thereof within the rights-of-way of all streets, alleys, avenues, lanes, and other public grounds, as may be necessary to insure public safety or to preserve or enhance the health of the plant material or the beauty of such public grounds.
(2) The City Engineer or an appropriate designee may remove or cause to order to be removed, any tree or part thereof which is in an unsafe condition or which by reasons of its nature is injurious to sewers, electric power lines,
(3) The City shall have the right to enter private property to access trees adjacent to public areas for the purposes of proper pruning, after reasonable prior notice has been given to the property owner. To insure that street trees thrive, homeowners are encouraged to confer with the City Forester and water the trees as needed.
(k) Dead or Diseased Tree Removal on Private Property. The City shall have the right to cause the removal of any dead or diseased tree(s) located on private property within the City and/or cause the removal of branches of trees located on private property within the City which overhang public property, when such trees constitute a hazard to life and property, or harbor an epiphytotic disease which constitutes a potential threat to other trees within the City. The City Engineer shall notify, in writing, the owners of such trees and order the Arborist to conduct an on-site inspection to make recommendations. Removal shall be done by such owners at their own expense within sixty days after the date of service of written notice, unless a longer period is agreed to in writing by the City Engineer or a designee, to allow time to attempt to treat and cure a salvageable diseased tree. In the event of failure of owners to comply with such provisions, the City shall have the authority to remove any such tree(s) and charge the cost of removal to the owner's property tax notice.
(l) Removal of Stumps. All stumps of street and park trees shall be removed twelve inches below the surface of the ground. Stumps shall be removed or ground at the site. All residual material shall be removed from the site at the time the tree is removed and the site shall be restored.
(m) Arborist License and Bond. It shall be unlawful for any person or contractor to act as an arborist in the business or occupation of pruning, treating, or removing street or park trees within the City without first applying for and securing an arborist license.
(Ord. 73-2000. Passed 12-17-00.)