Council, having determined the necessity for determining certain regulations which shall include definitions, rights and duties for the maintenance of trees and shrubs on public right-of- way and as same shall be affected by and controlled by owners of private property adjacent to said right-of-way, determined to create certain standards and regulations. Said standards and regulations are attached as Exhibit A.
(Ord. 10-2007. Passed 4-17-07.)
DEFINITIONS
1. “Person” means any person, firm, partnership, association, corporation, company, or organization of any kind.
2. “Street or Highway” means the entire width of every public way, easement of right-of-way when any part thereof is open to the public, as a matter of right, for the purpose of vehicular and pedestrian traffic, and shall include alleys.
3. “Public Places” shall include all other grounds owned or leased by the Village of Whitehouse.
4. “Property Line” means the outer edge of a street or highway.
5. “Treelawn” means that part of a street or highway lying between the property line and that portion of the street or highway usually used for vehicular traffic.
6. “Property Owner” means the person owning such property as shown by the County Auditor’s Plat of the Village of Whitehouse, Lucas County, Ohio, including the executor, administrator, or beneficiary of the estate of a deceased owner.
7. “Tree” means a tall-growing woody plant with one or more perennial main stems or trunk which develops branches from the aerial section of the stem rather than from the base; capable of being pruned to at least six feet of clear branchless trunk below the crown within five years of planting.
8. “Shrub” means a low-growing woody plant with one or several perennial main stems producing branches, shoots, or multiple stems from or near the base of the plant and incapable of being pruned to provide at least six feet of clear branchless trunk within five years of planting.
9. “Public Trees” shall include all shade and ornamental trees now or hereafter growing on any public places.
10. “Right-of-way” means any portion of the public way, street, alley, or sidewalk.
11. “Tree Topping” means the severe cutting back of limbs to stubs of three (3) inches or more in diameter within the tree’s crown to such a degree as to remove the normal canopy and disfigure the tree.
(Ord. 10-2007. Passed 4-17-07.)
12. “Drip Line” shall be defined as the outermost circumference of a tree canopy where water drips from and onto the ground.
(Ord. 11-2017. Passed 9-19-17.)
PRIVATELY OWNED TREES
DUTY OF PRIVATE PROPERTY OWNER
1. It shall be the duty of any property owner owning or occupying property bordering on right of way upon which property there may be trees or shrubs, to prune or cause to be pruned such tree or shrub in a manner that they will not shade or obstruct street lights, street signs, or obstruct pedestrian or vehicular traffic on sidewalks or streets.
2. It shall be the duty of any person owning or occupying property bordering on right of way upon which property there are any trees or shrubs which are designated by the Tree Commission as dead, dying, diseased, or hazardous or deemed a menace to the health, safety, and welfare of the people of Whitehouse, to remove or cause to be removed said tree(s) and/or shrub(s).
3. In either of the above situations, the Village Administrator shall send a written notice to the property owner indicating the required action (pruning or removal) to be taken. A period of thirty days from receipt of this letter shall be permitted for the property owner to affect the indicated action. Should the property owner or occupant fail to comply, it shall be lawful for the Mayor or his agent to enter upon the property and cause such action. The property owner or occupant shall be charged triple the actual cost of the work and cash payment shall be made within thirty days or triple the actual cost of the work shall be assessed to the property taxes.
VILLAGE MAY REMOVE
1. The Village Administrator may remove or cause or order to be removed after notice, any tree or part thereof which by reason of its nature is injurious to existing sewers, electric power lines, gas lines, water lines, or other public improvements.
2. The Village Administrator shall examine or cause to be examined every tree within 100 feet of any sanitary or storm sewer, drain, manhole, or other public utility line above or below the surface of the ground, which has been reported as dangerous to or causing interference with said sewer, drain, manhole or public utility line, and if found dangerous or causing damage or obstruction of such sewer, drain, manhole or public utility line, he shall give to the property owner written notice of their findings and an order that such person remove said tree or injurious part there of within forty-five (45) days. Service of such notice shall be as described in Section 3 of the previous chapter.
PUBLIC TREES
VILLAGE RESPONSIBILITY
1. Whenever it is necessary for the Village to remove a tree from Village right of way, the Village shall remove such trees and replace them or plant, on another right-of-way area, an equal number of trees to the satisfaction of the Tree Commission.
2. No person or property owner shall remove a tree from the right of way for any reason without approval from the Tree Commission. Should approval be given for the removal, the person shall be required to replant or replace an equal number of trees at the landowner’s cost. The Tree Commission must approve the replacement or replanting. Failure to plant replacements shall result in replacement by the Village and triple the actual cost to the Village shall be billed to the property owner.
(Ord. 10-2007. Passed 4-17-07.)
TREES PROHIBITED ON PUBLIC PROPERTY
Certain trees shall not be planted on public property without the specific consent of the Tree Commission. Prior to the planting of any tree on public property, the written consent of the Tree Commission shall be obtained. Whenever any tree or shrub shall be planted or set out in conflict with the provisions of this Ordinance, the Village Administrator may cause removal of the same without obligating the Village to replace the illegally planted tree(s).
(Ord. 3-2010. Passed 3-2-10.)
DAMAGE TO OR DESTRUCTION OF PUBLIC TREES
1. Unless specifically authorized by the Tree Commission, no person shall intentionally damage, cut, carve, top, transplant or remove any tree; attach any rope, wire, nails, advertising posters, bird or animal feeders, or similar contrivance to any tree or shrub; nor permit any gaseous, liquid or solid substance to come into contact with public trees, set fire to public trees or permit fires to burn wherein the fire or heat therefrom shall cause damage to any portion of a tree or shrub located upon public lands.
2. No person shall excavate any ditches, tunnels, trenches, driveways, roadways or thoroughfares, within a radius of ten (10) feet from any public tree or shrub without first obtaining permit and approval from the Municipal administrator.
CONSTRUCTION ADJACENT TO OR IMPACTING UPON PUBLIC TREES.
Construction adjacent to or impacting upon public trees, i.e. drainage, curbing, sidewalk construction, landscaping, etc. shall be in accordance with procedures and requirements outlined in the: Municipal Tree Protection Policy outline and checklist for minimizing construction damage to public trees. Copies of said materials are available at the Whitehouse Administration building and online.
PLACEMENT OF MATERIALS IMPACTING PUBLIC TREES.
It shall be prohibited to place, deposit, store or maintain upon public lands of the municipality such items as stone, brick, sand, concrete or other material which placement impedes free passage of water, air, fertilization or similar items to trees growing upon the public lands. Exceptions to said placement shall require the written consent of the Municipality.
PLANTING AND MAINTENANCE OF TREE LAWNS.
No person shall plant, prune, brace, cable, spray or otherwise perform work on a tree in the public tree lawn or upon public lands without first obtaining written approval or permit from the municipality. Such planting or maintenance shall be in accord with the requirements pursuant to this ordinance.
(Ord. 11-2017. Passed 9-19-17.)
TREES IN NEW SUBDIVISIONS
The Tree Commission shall develop, review and update as necessary a tree plan for use by the Planning Commission in approving newly developed Village treelawns.
TREE SPACING
The spacing of public trees will be in accordance with the three (3) species size classes referred to in the Whitehouse Tree Commission’s list of Street Trees and no trees may be planted closer together than the following:
Small trees - Thirty (30) feet Medium trees - Forty (40) feet Large trees - Fifty (50) feet |
except in special plantings designed or approved by the Village Tree Commission.
DISTANCE FROM CURB AND SIDEWALK
The distance public trees may be planted from curbs or curblines and sidewalks will be in accordance with the three species size classes in the Whitehouse Tree Commission’s list of Street Trees and no trees may be planted closer to the curb or sidewalk than the following:
Small trees: Two (2) feet (minimum of a 4 foot wide treelawn) Medium trees: Three (3) feet (minimum of a 6 foot wide treelawn) Large trees: (Four (4) feet (minimum of an 8 foot wide treelawn) |
except in special plantings designed or approved by the Village Tree Commission.
DISTANCE FROM THE STREET CORNERS AND FIRE PLUGS
No public tree shall be planted closer than thirty-five (35) feet from any street corner, measured from the point nearest the intersecting curbs or curb lines. No public tree shall be planted closer than ten (10) feet to any fire hydrant. No large tree shall be planted within thirty-five (35) feet of a street light.
UTILITIES
No public trees other than those species referred to as “small trees” in Whitehouse Tree Commission’s list of Street Trees may be planted under or within twenty-five (25) lateral feet of any overhead utility wire.
ADOPTION OF RULES
The Tree Commission, with the approval of Village Council, may adopt rules consistent with this Ordinance which shall provide detailed guidelines for the administration of this Ordinance.
PENALTY
Any person violating or failing to comply with any provision of this Ordinance shall be, upon conviction or a plea of guilty, subject to a fine not less than twenty-five dollars ($25) nor more than one thousand dollars ($1,000) per violation in addition to any required restitution for damages incurred by the Village or any special assessments levied as provided for herein.
(Ord. 10-2007. Passed 4-17-07.)