(a) No person shall henceforth plant, spray, fertilize, preserve, prune, cut above ground or otherwise disturb any tree on any street, tree lawn or other public place, or place any structure or object of any type on any street, tree lawn, or other public place without first filing an application and procuring a permit therefor from the Village Manager. The person receiving the permit shall abide by all regulations, conditions and specifications prescribed by the Village.
(b) The application for the permit shall be in the form prescribed by the Village Manager and shall contain information as to the location, time, grade, species, cultivar and method of planting? the number of trees to be sprayed, fertilized, pruned or otherwise preserved? the kind of treatment? the composition of spray material? and/or fully identifying any structure or object intended to be so placed, and such other information as the Village Manager finds reasonably necessary to determine whether a permit shall issue.
(c) Applications for permits, accompanied by a fee of five dollars ($5.00), must be filed at the office of the Village Manager not less than forty-eight hours in advance of the time the work is to be done. All such receipts shall be placed in the General Fund of the Village.
(d) The Village Manager shall issue the permit provided for herein if, in his judgment, the proposed work satisfies the following criteria:
(1) Any tree to be planted is not designated as a "prohibited" species or otherwise forbidden under Section 1179.06(c) of the Codified Ordinances;
(2) Any installation to be made will not limit necessary future access to utilities;
(3) Any installation that is desirable, will not interfere with traffic site lines; and will not create an apparent safety hazard;
(4) The proposed method and workmanship are of a satisfactory nature.
The permit shall contain a definite date of expiration and the work shall be completed in the time allowed by the permit and in accordance with the provisions of this chapter and as the Village 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 Village Manager within five days of the completion of the work under the permit in order that the Village Manager might inspect the work for compliance.
(f) All persons applying for a permit for the removal of a tree shall be required to replace each such tree by the time prescribed in the permit for the completion of work in accordance with the specifications provided by the Village Manager. The cost of the removal and replacement of such trees shall be paid by the permit holder.
(g) Whenever any tree is planted or set out in conflict with the provisions of this chapter, the Village Manager 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.
(h) When it is necessary to remove trees from a tree lawn in connection with the repair, replacement or construction of a sidewalk or street under a Village program, the Village shall replant or replace such trees. If conditions prevent planting on tree lawns, an equivalent number of trees may be planted on an adjacent tree lawn. Notwithstanding the foregoing, aside from trees, any other plantings or installations are made by the permit holder at his risk; the Village reserves the right to remove anything in the course of maintaining streets or utilities, and assume no responsibility for replacing any items so removed. (Ord. 2017-31. Passed 9-5-17.)