(A) Within the public right-of-way and on public properties, no person or entity other than the village shall plant any tree, shrub, evergreen, or woody shrub or other obstruction on public property, unless a street tree permit is obtained. The enforcement provisions of §§ 153.030 through 153.045 and § 153.999 shall apply to this section.
(B) Requirements for trees located on village-owned public property: the following are requirements for the planting, pruning, and removal of trees within village-owned property. For the purposes of this chapter, village-owned property shall include all public ways, streets, alleys, parks, or other property owned by the municipality.
(1) Requirements. It shall be required that all subdividers or developers plant trees along the public streets of their developments in such a manner, type, quantity, and location as approved by the Planning Commission and as recommended by the Tree Board 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.
(a) The tree to be planted shall not be of an undesirable tree species, as those listed in Appendix E, attached to Ord. 96-152, passed October 7, 1996 (Recommended Street Trees), which Appendix E is hereby adopted by reference and shall be treated as if set forth in full herein.
(b) The minimum spacing between trees shall be 45 feet for large trees, 35 feet for medium trees, and 25 feet for small trees.
(c) The maximum spacing between trees shall be 50 feet for large trees, 40 feet for medium trees, and 30 feet for small trees.
(d) The minimum distance between the tree and the edge of the street shall be two and one- half feet for a large tree, two feet 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.
(e) The location of the tree shall be at least 20 feet from street intersections and ten feet from fire hydrants or utility poles.
(f) 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 20 lateral feet of overhead utility wires.
(g) Developers shall be required to maintain the trees planted by them 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. Upon completion of the planting of street trees, the landscape contractor shall contact the Director who will contact the Chairperson of the Tree Board to schedule a preliminary site inspection. The one-year guarantee period shall begin on the date of the approval by the Street Tree Advisory Board. A final inspection shall be made at the end of the guarantee period. All trees not exhibiting a healthy, vigorous growing condition, as determined by the inspection of the Street Tree Advisory Board and the Zoning Director, shall be promptly replaced at the expense of the developer.
(h) The trees should be of one and the same genus and species and planted continuously down each street as recommended by the Waynesville Street Tree Master Plan.
(i) The minimum trunk caliper measured at six inches above the ground for all street trees shall be no less than one and three-fourths inches.
(2) 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.
(3) 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 sidewalk. 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.
(4) 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 ensure public safety or to preserve or enhance the environmental quality and beauty of such public grounds. A street tree permit shall be obtained prior to commencement of work. The Zoning Director 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 poses a threat to the interruption of service to sewers, electric power lines, gas lines, water lines, or other public improvements.
(5) Reducing tree lawn. No person shall by any type of construction reduce the size of a tree lawn without first securing permission from the Planning Commission.
(6) Violations. A person who removes, damages, or causes to be removed a street tree from the tree lawn or other public place without a street tree permit shall be subject to the provisions and penalties of this Zoning Code of the village and/or shall be required to remove and the replace the tree with a tree of like caliper as approved by the Director.
(7) Permit requirements.
(a) No person, contractor, or village 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 village, without obtaining a street tree permit, except in the case of a bona fide emergency situation such as a limb or other part of a street tree being within the traffic way or as may be determined by the Mayor in the capacity as conservator of the peace and administrative officer of the village. In which case, any public utility may act in response to the emergency but must report such actions for a determination of “emergency” by the Mayor. A street tree permit shall specify number of trees or shrubs, size, type, species, and location to be planted, pruned, or removed. When a permit is issued to a individual or contractor, it is the responsibility of the permit holder to contact “OUPS” or its succeeding entity, South Central Power, and Waynesville Utilities.
(b) The Director has 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 village, of a size, type, or species determined to be undesirable for the proposed location, or if the location is determined to be unsuitable.
(c) Applications for street tree permits shall be made on forms prescribed by the Director and shall include the following information:
1. Written description of the purpose of the permit and the location for which the permit is sought;
2. Specification of the species, cultivar, and genus of the tree which is the subject of the permit application; and
3. Description of the method proposed to accomplish the permit and, in the case of a proposal to remove an existing tree, the authorization as a representative of a certified arborist, and in the case of a proposal to plant or prune, the signature of the permit holder agreeing to comply with the National Arborist Standards.
(d) Street tree permits shall be valid for a maximum period of 60 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. Additional permits are required to be obtained from the Utilities Superintendent to work within a public right-of-way.
(e) Street tree permits shall be administered by the Zoning Director. The Director shall refer all applications for street tree permits to the Street Tree Advisory Board for its review and recommendations. Each location subject to a public tree permit shall be field inspected by the Tree Board or appropriate designee prior to the submission of a written recommendation to the Director. All permits for pruning of street trees shall show conformance with the National Arborist Association Pruning Standards for Shade Trees.
(f) Utility companies shall provide written evidence to the Director, of adherence to established guidelines (as recommended by the National Arborists Association) 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 conductors on private rights-of-way.; and
5. Chemical brush control and appropriate precautions.
(8) Removal, replanting, and replacement in public places.
(a) Wherever it is necessary to remove a tree or shrub from any village-owned property, 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 person responsible for the paving, widening, or other activity shall endeavor to remove and replant such trees or shrubs, or replace them. No permit shall be issued for any tree over 12 inches in caliper or 30 years in age shall be removed or issued a street tree permit without prior public review by the Tree Board at its regularly scheduled meeting.
(b) No adjacent property owner shall remove or cause to be removed any trees or shrubs from the village-owned tree lawn, or other public place, as defined, for any purpose.
(9) Public tree care.
(a) The village shall have the right to plant, prune, maintain, and remove trees, plants, and shrubs or portions thereof within village-owned property as may be necessary to ensure public safety or to preserve or enhance the health of the plant material or the beauty of such public grounds.
(b) The Tree Board or its consultants shall recommend to the Director those locations at which it deems the removal of street trees is necessary. The Director will notify the adjacent property owners of the village’s intentions to remove the trees. This section does not prohibit the planting of street trees by adjacent property owners providing that the permission of the Director and the recommendations of the Tree Board or designee have been granted by the issuance of a street tree permit.
(c) The village shall have the right to enter private property to access trees adjacent to public areas for the purpose of proper pruning, after reasonable prior notice has been given to the property owner. To ensure that street trees thrive, homeowners are encouraged to confer with the Tree Board and water the trees as needed.
(d) Unless issued a written permit by the Director, no person shall attach any rope, wire, nails, advertising poster, or other contrivance to any tree on village-owned property. No person shall permit any fire to burn where such fire or heat therefrom, or heat from any source will injure any portion of any tree on village-owned property. Without a permit, no person shall use herbicides or other chemicals on any trees, shrubs, or evergreens on village-owned property.
(e) No person shall hinder, prevent, or interfere with the agents or employees of the village while the agents or employees are engaged in planting, maintaining, or removing any tree, shrub, evergreen, or other plant material on village-owned property.
(f) No person shall excavate any ditch, tunnel, trench, or lay any drive within a radius of ten feet from any tree, shrub, evergreen, or other plant material standing on any village-owned property without first obtaining a permit from the Director.
(g) It shall be unlawful for any person to break, deface, injure, mutilate, kill, or destroy any tree, shrub, or evergreen on any village-owned property (see § 131.21 of these codified ordinances).
(10) Removal of stumps. All stumps of street trees shall be removed 12 inches below the surface of the ground. Stumps shall be removed or shall be 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 as approved in the street tree permit.
(11) 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 trees within the village without providing documentation as a certified arborist or as the authorized representative of a certified arborist. Each applicant shall file evidence of possession of liability insurance in the minimum amount of $1,000,000 indemnifying the village or any person injured or damaged resulting from the pursuit of such endeavors as herein described.
(12) Appeal procedures. Any applicant aggrieved by a decision of the Zoning Director with respect to a street tree permit may appeal the decision to the Board of Zoning and Housing Appeals as prescribed in § 153.039(F).
(Ord. 96-152, passed 10-7-1996) Penalty, see § 153.999