(a) No person shall plant or remove any tree on any tree lawn, right-of-way, or within a public place, without first filing an application and procuring a Tree Work Permit from the City
Engineer's Office . The person being issued the permit shall abide by all regulations, conditions, and specifications prescribed on the issued permit.
(b) The application for the permit shall contain information as to the location, type, grade and species, cultivar, method of planting, and any other such information as the City Engineer's Office finds reasonably necessary.
(c) Applications for permits, accompanied by the permit fee shall be filed at the office of the City Engineer not less than forty-eight hours in advance of the time the work is to be done.
(d) The City Engineer's Office shall issue the Tree Work Permit if, in their judgment, the proposed work is desirable and is in conformity with the City's tree ordinance, the City's
Master Street Tree Plan and the proposed method and workmanship are of satisfactory nature. The permit shall contain a definite date of expiration; the work shall be completed in the time allowed by the permit and in accordance with the provisions of this chapter, and as the City Engineer's Office may additionally prescribe. Any permit shall be void if its terms or the provisions of this chapter are violated.
(e) All permit holders shall advise the City Engineer's Office within five days of the completion of the work under the permit in order that the City Engineer's Office might inspect the work for compliance.
(f) Whenever any tree is planted or set out in conflict with the provisions of this chapter, the Engineer's Office and/or Director may remove or cause the removal of the same and the cost thereof shall be assessed in accordance with the provisions of the Ohio Revised Code.
(g) When it is necessary to remove trees from a tree lawn in connection with the repair,
replacement or construction of a sidewalk, street or other public improvement under a City program, the City shall replant or replace such trees when feasible, and with written approval of the property owner.
(h) Utility companies or their contractors shall provide written evidence to the Engineer's Office of their supervisory personnel's knowledge and expertise in order to ensure strict adherence to established guidelines for utility pruning (as recommended by the American National Standards Institute (ANSI), for line clearance work. These guidelines shall cover the following areas:
(1) Tree trimming/pruning,
(2) Tree removal,
(3) Brushing,
(4) Right-of-way, clearance for new transmission line, and
(5) Chemical brush control and appropriate precautions.
The contractor being hired by the utility company shall provide documentation that an ISA Certified Arborist will be supervising any crews undertaking line clearance work within the City. Prior to scheduled line clearance of trees in the City, the utility company or its contractor shall meet the conditions above and obtain the Tree Work Permit and notify the City Engineer's Office of the proposed time schedule.
(i) All departments of the City shall be exempt from these permit provisions, however, City staff shall notify the City Engineer's Office and/or Director before any tree related or impacted work commences.
(j) Any person affected by any rule or regulation within this chapter and the enforcement thereof, shall have the right of appeal by submitting a written appeal within ten (10) days of receipt of any notice, order, or direction of the Director or his or her designee. In response to an appeal, a hearing before the Shade Tree Commission shall be granted. The Commission shall recommend to reverse or affirm, in whole or in part, or modify such rule, regulation, notice, order, or direction pursuant to this chapter. (Ord. 4159-20. Passed 1-21-20.)