11-9-8: LANDSCAPING; PUBLIC OR PRIVATE RIGHTS OF WAY AND DRAINAGEWAYS:

   A.   Parkway Trees: Parkway trees shall be provided on the public or private right of way of any parcel to be developed. Parkway trees shall be provided in accordance with the following standards:

      1.   Quantity: Parkway trees shall be provided at the equivalent of not more than forty feet (40') apart in the right of way adjacent to the parcel, unless different spacing is appropriate based on the varieties chosen from table I, section 11-9-14 of this chapter, but in no event shall such spacing exceed fifty feet (50'). Tables I, II and III are set out in section 11-9-14 of this chapter.

      2.   Spacing: Such trees may be clustered or spaced linearly in the right of way as determined appropriate by the village board. Such placement shall not endanger the safety of vehicular or pedestrian traffic.

      3.   Size: All new or replacement trees provided shall have a minimum trunk diameter of two and one-half inches (21/2"), as measured twelve inches (12") above the established ground level, upon installation.

      4.   Form And Quality: All trees shall be park grade or better and shall have the proper height, crown width, height to first branch, root ball width and branch distribution for the species.

      5.   Guarantee: All parkway trees shall be guaranteed for eighteen (18) months after planting by the developer or applicant.

      6.   Species: Species for parkway planting shall be selected and/or approved by the board of trustees with the intention of creating an aesthetically pleasing landscape and avoiding large monocultures, encouraging diversity for public benefit. Trees which are suitable, and which are not suitable for parkway use, are listed in section 11-9-14 of this chapter. Tables I, II and III are set out in section 11-9-14 of this chapter.

      7.   Planting Details: All parkway trees shall be properly installed with respect to depth of planting, hole size and quality of soil, and thereafter maintained to ensure upright growth and form. Parkway trees shall be planted within or near the right of way or adjacent utility easements as approved by the village engineer and the board of trustees.

      8.   Inspection And Acceptance: Final inspection and acceptance of parkway trees shall be made by the board of trustees by appropriate resolution.

   B.   Areas To Be Graded And Sodded: Parkways within the public or private right of way, swales draining two (2) or more lots, and those areas specifically referenced by this title, shall be graded and sodded. Areas to be sodded shall be graded smooth and topped with at least four inches (4") of black dirt after compacting and removal of stumps, trees that cannot be saved, boulders and other debris. Swales which require sodding shall have a minimum sodding width of ten feet (10'). (Ord. 04-01, 2-17-2004)

11-9-9: CONSTRUCTION ACTIVITY:

   A.   Tree Protection Fencing:

      1.   Location: Prior to the issuance of any grading, utility, building, fence or demolition permits, tree protection fencing shall be erected on the site consistent with the approved site plan and generally at a point not to exceed twenty feet (20') beyond the foundation walls of all buildings and five feet (5') from the edge of hardscape surfaces. The fence, once erected, on the site, shall remain in place, in a full upright position, until all construction activity on the site is completed, the site is ready for the final landscape grading, and removal of the fence has been approved by the village engineer.

      2.   Type: Tree protection fencing shall be wood, plastic or chainlink fencing. The fence shall be four feet (4') in height with steel supporting posts eight feet to ten feet (8' to 10') on center. The posts shall be driven into the ground to hold the fence in an upright position throughout construction on the site. Based on the review of the site plan, a chainlink fence may be required by the village engineer in situations where construction activity must occur in areas that are close to trees or areas to be preserved.

   B.   Location Of Utilities: A series of wood stakes, extending no less than three feet (3') above the ground, shall be used to identify the path of each utility. A ribbon will be attached to the top of the stake using colors consistent with JULIE guidelines.

      1.   Augering: The augering of utilities shall be required and specified on the approved fencing plan where utility locations have the potential to materially damage trees eight inches (8") DBH or larger or clusters of six (6) or more trees at least four inches (4") DBH.

   C.   Site Inspections And Approvals; Tree Fencing And Utility Locations: At any time that an inspection occurs and tree protection fencing is not properly installed or utilities are not properly located and staked, a reinspection fee of five hundred dollars ($500.00) will be assessed for each follow up inspection until the site is adequately fenced and the utilities are properly located and staked.

   D.   Site Clearing: Following review and approval of the site plan and fencing, and the issuance of a demolition or building permit, the lot may be cleared of trees within the approved construction and driveway areas. The removal shall occur by use of manual saws, chain saws and stump grinders only. No other equipment shall be used for removal of trees without the prior written approval of the village engineer.

   E.   Excavation: If there is insufficient cleared area on the site, as determined by the village engineer, to store the soil from excavation until it is needed for backfilling without impacting trees identified for protection, the soil shall be temporarily removed from the construction site until the backfilling is to occur.

   F.   Finished Grade: Fill materials used to establish finished grade in accordance with the approved grading plan shall be top quality black soil. Fill materials shall not be permitted around the trunk of a tree. To this end, a tree well equal to or greater than the critical root zone of the tree is needed to protect the tree from fill materials. Adequate drainage shall be provided in each tree well to prevent the collection of water. (Ord. 04-01, 2-17-2004)

11-9-10: CONTAGIOUS OR THREATENING DISEASES AND INFESTATIONS:

   A.   Prohibited Tree Varieties: The trees listed in table III, section 11-9-14 of this chapter shall not be permitted to be planted within the village. Anything in this section to the contrary notwithstanding, it shall not constitute a violation of this chapter to permit any prohibited tree variety to remain on any land within the village if such tree existed prior to the effective date hereof nor to permit or fail to prevent the new or subsequent growth of any such tree variety through natural propagation. Tables I, II and III are set out in section 11-9-14 of this chapter.

   B.   Trees Affected With Contagious Or Threatening Diseases Or Infestations Declared To Be Public Nuisances: All species and varieties of elm trees infected with the fungus known as the Dutch elm disease and trees infected with oak wilt as determined by laboratory analysis conducted by or under the direction of the village engineer and trees infested with Asian longhorn beetle or other diseases or infestations that threaten the urban forest are hereby declared to be a public nuisance.

   C.   Breeding Places Of Elm Bark Beetles Declared To Be Public Nuisances: All species and varieties of elm trees that are dead or substantially dead, and all dead elm wood to which the bark is still attached are hereby declared to be public nuisances.

   D.   Unlawful To Maintain Public Nuisances: It shall be unlawful for any owner or occupant of any lot or parcel of land in the village, to permit or maintain on any such lot or parcel of land, a public nuisance as set out in subsections B and C of this section and it shall be the duty of any such owner or occupant to promptly remove any such tree so identified by the village engineer and dispose of it either by chipping or burning. Trees less than five percent (5%) infected may be treated in an effort to save the tree with permission from the village engineer.

   E.   Enforcement: In order to carry out the purpose of this chapter and to implement the enforcement thereof, the village engineer is hereby authorized and empowered to enter upon any lot or parcel of land in the village at all reasonable hours for the purpose of inspecting any trees or stored wood situated thereon, and the village engineer may remove such specimens from any such tree as are required for the purposes of the laboratory analysis referred to in this chapter. It shall be unlawful for any person, firm or corporation to take any action to prevent the village engineer from entering onto any lot or parcel of land in the village for the purpose of such inspection, or to interfere with the village engineer in the performance of any duties provided under the provisions of this section.

   F.   Duty Of Owner To Remove Diseased Tree Or Breeding Place: If it is determined that any tree is a public nuisance as provided above, the village engineer shall serve or cause to be served upon the owner and occupant of the lot or parcel of land on which such tree or stored wood is located, a written notice requiring such owner to comply with the provisions of this chapter. If the owner or occupant upon whom such notice is served, fails, neglects or refuses to remove and destroy the public nuisance within thirty (30) days after service of such notice, the village engineer may proceed to remove and dispose of such tree or stored wood and assess the cost thereof against the owner or occupant of such lot or parcel of land, and the amount of such cost shall be paid by such owner to the village.

   G.   Notice To Owner: Service of notice to an owner or occupant shall be served by personal service or by certified mail, return receipt requested. For purposes of this section, an "owner" shall be the person to whom the tax bill for the general taxes for the last preceding year on the lot or parcel on which the diseased or infected tree is located was sent.

   H.   Village May Abate Nuisance And Assess The Cost To The Owner: Provided that notice to an owner is sent in accordance with subsection F of this section, any costs incurred by the village in the abatement of a public nuisance pursuant to this section may be assessed against the record owner of the subject property, and the village may place a lien upon such property for those costs in the manner provided by law.

   I.   Nuisance On Village Property: Any tree or stored wood, on property owned by the village which is a public nuisance as provided in this section shall promptly be removed and disposed of under the supervision of the village engineer, at the expense of the village. (Ord. 04-01, 2-17-2004)

11-9-11: TREE BOARD:

   A.   Board Created: There is hereby created a tree board for the village, consisting of the village president and board of trustees, ex officio. The village president shall serve as chairman of the tree board.

   B.   Compensation: Members of the tree board shall serve without compensation.

   C.   Duties: The tree board shall administer the provisions of the Wayne comprehensive tree preservation and landscape control ordinance, including responsibility for the planting, care and protection of the village's trees and to hear and render decisions on appeals from any person aggrieved by the enforcement and application of this chapter. (Ord. 04-01, 2-17-2004)

11-9-12: HISTORIC BUILDINGS, LANDMARKS, SITES OR DISTRICTS:

Notwithstanding any other provision of this chapter, any landscaping or screening requirements herein are subject to the approval of the historic sites commission and plan commission in accordance with the applicable provisions of the zoning ordinance for any federal, state or local historic or landmark buildings or sites or for property located in any historic district 1 . (Ord. 04-01, 2-17-2004)

 

Notes

1	1. See title 2, chapter 2, "Plan Commission"; title 9, chapter 1, "Historic Sites Commission"; and title 10, "Zoning Regulations", of this code.

11-9-13: VIOLATIONS; REQUIRED CORRECTIONS; PENALTY:

   A.   Tree Removal: Removal of any tree in violation of this chapter shall be punishable by a fine of not more than seven hundred fifty dollars ($750.00) per violation, with every inch of the tree measured at DBH being a separate violation. The diameter of any trees that are removed prior to the issuance of a permit shall be determined by the diameter of the stump where cut at six inches (6") from surrounding ground level. In the case where a stump has been removed, the diameter of the tree shall be determined by the village engineer based on a prior tree survey or an aerial photo. In addition to the applicable fine, each tree removed, or determined by the village engineer to be irreparably damaged, shall be replaced consistent with this chapter.

   B.   Replacement: In issuing a permit authorizing the removal of a tree pursuant to this chapter or in establishing the replacement requirement for a tree as required by this chapter, the size of each replacement tree shall be no less than three inches (3") DBH at the time of planting. The location and the species of the replacement tree shall be approved by the village engineer. The village engineer may waive or reduce the requirement for planting a replacement tree, or trees, if such action is consistent with the purposes of this chapter.

   C.   Removal Of Vegetation In Protected Areas: Removal of vegetation in conservation areas, in the public right of way and in other areas protected by this chapter shall be punishable by a fine of not more than seven hundred fifty dollars ($750.00) per violation, with every one hundred (100) square feet of land area cleared or fraction thereof being a separate violation. A replacement landscape plan shall be submitted for approval within thirty (30) days of the violation. The landscape plan shall be designed to restore the area to its previous planting density with native vegetation. In addition to the fine, a cash bond shall be posted with the village to ensure replanting of the area in a manner consistent with the vegetation removed subject to the approval of the village engineer as specified in this chapter. The amount of the cash bond shall be one hundred percent (100%) of the cost of replanting. Replanting shall occur within a time frame as established by the village engineer and interim measures shall be required by the village engineer to prevent storm water run off and erosion.

   D.   Tree Trimming And Pruning: Trimming or pruning of any tree by for profit tree services or utility companies in violation of this chapter shall be punishable by a fine of not more than five hundred dollars ($500.00) per violation with each tree trimmed or pruned being a separate violation. In the event that the trimming or pruning is determined by the village engineer to likely cause the death of the tree or shrub, the provisions of subsection A of this section shall be applicable in lieu of this subsection.

   E.   Tree Or Vegetation Removal; Stop Work Order: The building or zoning director or his designee, upon the recommendation of the village engineer, shall have the authority to stop work at a site if unauthorized tree or vegetation removal is occurring. Once a stop work order is issued, work shall not commence until: 1) the necessary permits have been issued, 2) any applicable fine has been paid, and 3) the requirements of subsections A through C of this section have been satisfied. Violations of a stop work order shall result in a fine of five hundred dollars ($500.00) for every activity in violation of the stop work order, and any violation of a stop work order shall subject the offending person to arrest.

   F.   Tree Fencing Violation: Removal or partial removal of, or failure to maintain in a full upright position, any required protective tree fencing, except in accordance with a tree removal permit or an approved tree protection plan, shall constitute a violation of this chapter that is subject to a fine of not more than five hundred dollars ($500.00) for each day that the violation continues. The village engineer shall have the authority to stop work at a site if a violation of the tree fencing requirement is found to exist. Once a stop work order is issued, work shall not commence until the fencing has been reinstalled and approved by the village engineer and all applicable fines have been paid.

   G.   Tree Fencing Violation; Repeated Offenses: In the case of a repeated violation of the tree fencing requirement, in addition to all applicable fines, erection of a chainlink fence may be required before work is allowed to commence on the site.

   H.   Storage Of Soil, Fill Material, Construction Materials And Equipment: Storage of any materials or equipment within the areas protected by tree preservation fencing or within ten feet (10') of any tree identified for preservation on the site plan, is prohibited and shall be subject to a fine of not more than five hundred dollars ($500.00) for each day that the violation continues. The village engineer shall have the authority to stop work at a site if materials or equipment are found to violate this provision. Once a stop work order is issued, work shall not commence until the materials and equipment are removed from the protected area, any protective fencing has been reinstalled and approved by the village engineer, and all applicable fines are paid.

   I.   Fines For All Other Violations: Any other violation of this chapter shall be subject to a fine of not more than seven hundred fifty dollars ($750.00) for each day that the violation continues. In the event that the fines set forth in subsection A or C of this section are determined to be inapplicable or invalid, then a minimum fine of seven hundred fifty dollars ($750.00) shall be assessed each day that the violation continues without correction.

   J.   Injunctive Relief: In addition to any fine permitted or required to be imposed hereunder, the village may seek injunctive relief to prevent an actual or threatened violation of this chapter, and may also seek mandatory injunctive relief to require the replacement of any trees, hedgerows, or other natural areas damaged or removed contrary to the provisions of this chapter, the board of trustees finding that the village will be irreparably harmed by the removal of, or damage to, trees, hedgerows or other natural areas or resources contrary to the provisions of this chapter, and that the imposition of a fine alone is an inadequate remedy for such violations.

   K.   Appeals: Appeals from any administrative decision made under this chapter may be taken by the applicant or by any other person adversely affected by the decision, to the tree board in the same manner as with the procedures relating to appeals to the zoning board of appeals in the Wayne zoning ordinance. (Ord. 04-01, 2-17-2004)

11-9-14: TABLES OF APPROVED AND PROHIBITED TREE VARIETIES:

   TABLE I

   The trees in table I are recommended for planting

   in public and private parkway spaces.

Common Name	Scientific Name	Variety
Freeman maple	Acer freemanii	"Marmo"
Crimson king Norway maple	Acer plantanoides	"Crimson king"
Emerald luster Norway maple	Acer plantanoides	"Emerald luster"
Schwedler Norway maple	Acer plantanoides	"Schwedler green"
Green Mountain sugar maple	Acer saccharum	"Green Mountain"
Marshall seedless green ash	Fraxinum pennsylvanica	"Marshall's seedless"
Summit green ash	Fraxinus pennsylvanica	"Summit"
Ginko	Ginko biloba	Male only
Skyline honey locust	Gledista triacanthos	"Skyline"
Kentucky coffee tree	Gymnocladus dioicus	Male only
Golden rain tree	Koelreuteria paniculata
Tulip tree	Lirodendron tulipifera
Tupelo	Nyssa sylvatica
Swamp white oak	Quercus bicolor
Shingle oak	Quercus imbricaria
Bur oak	Quercus macrocarpa
Chinkapin oak	Quercus muhlenbergii
Chestnut oak	Quercus prinus
Shumard oak	Quercus shumardii
Peking tree lilac	Syringa pekinensis
Japanese tree lilac	Syringa reticulata	"Ivory silk"
American basswood	Tilia americana
Littleleaf linden	Tilia chordata	"Greenspire"
Redmond linden	Tilia euchlora	"Redmond"
Accolade hybrid elm	Ulmus wareii	"Accolade"
Japanese zelkova	Zelkova serrata	"Village green"

 

   TABLE II

   The trees in table II are recommended for planting in parks, golf

   courses, other green space, public areas or pursuant to

   subdivision or landscape approval.

Common Name	Scientific Name	Variety
White fir	Abies concolor
Hedge maple	Acer campestre
Amur maple	Acer ginnala
Red maple	Acer rubrum	"Red sunset"
Silver maple	Acer saccharinum
Ohio buckeye	Aesculus glabra
Black alder	Alnus glutinosa
River birch	Betula nigra
American hornbeam	Carpinus caroliniana
Shagbark hickory	Carya ovata
Chinese chestnut	Castaea mollissima
Common hackberry	Celtis occidentalis
Katsura tree	Cercidiphyllum japonicum
White fringe tree	Chionanthus virginicus
Yellowwood	Cladrastis lutea
Cornelian cherry dogwood	Cornus mas
Turkish hazel	Corylus colurna
Cockspur hawthorn	Crataegus crus-galli
Washington hawthorn	Crataegus phaenopyrum
Dotted hawthorn	Crataegus punctata
Persimmon	Diospyros virginiana
Blue ash	Fraxinus quadrangulata
European larch	Larix decidua
Sweet gum	Liquidamber styraciflua
Tulip tree	Liriodendron tulipifera
Magnolia	Magnolia x loebneri	"Merrill"
Crab apple	Malus sp.	"Adams"
Crab apple	Malus sp.	"Red baron"
Crab apple	Malus sp.	"Sentinal"
Crab apple	Malus sp.	"Zumi"
Dawn redwood	Metasequoia glyptostroboides
Ironwood	Ostraya virginiana
Amur cork tree	Phellodendron amurense
Norway spruce	Picea abies
Colorado blue spruce	Picea pungens
Limber pine	Pinus flexilus
Eastern white pine	Pinus strobus
Scotch pine	Pinus sylvestris
Himalayan pine	Pinus wallichiana
Sycamore	Platanus occidentialis
Sargent cherry	Prunus sargentii
Douglas fir	Pseudosuga menziesii
Wafer ash	Pteleas trifoliata
Ussurian pear	Pyrus ussuriensis
Red oak	Quercus rubra
Bald Cypress	Taxodium disticum
American arborvitae	Thuja occidentalis
Silver linden	Tilia tomentosa
Canad hemlock	Tsuga canadensis
Japanese elm	Ulmus japonica
Lace bark elm	Ulmus parvifolia
Willow
(Plus all trees in table I)

 

   TABLE III

   The trees in table III are not permitted

   to be planted in the village of Wayne.

Common Name	Scientific Name
Box elder maple	Acer negundo
Tree of heaven	Ailanthus altissima
Russian olive	Elaeagnus augstifolius
Honey locust	Gleditsia triacanthos
Mulberry	Morus species
London plane tree	Platanus acerfolia
Black locust	Robinia pseudo-acacia
American elm	Ulmus americana
Siberian elm	Ulmus pumila
Cottonwood

 

(Ord. 04-01, 2-17-2004)