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HomeMy WebLinkAbout08-91 Ordinance . RECORD OF ORDINANCES -------------- Dayton Legal Blank Co. Form No. 30043 Page 1 of 5 T~- Ordinance NO'n08-9L Passed u 19. =1'-- ----- I I I I I AN ORDINANCE AMENDING SECTION 1187.09 AND 1187.10 OF THE DUBLIN CODIFIED I i ORDINANCES TO REGULATE STREET TREES AND OTHER TREES ON CITY PROPERTY I WHEREAS, the Tree and Landscape Advisory commission has initiated this ! ordinance to regulate the planting, removal and pruning of trees on city ! owned property; and WHEREAS, the Tree and Landscape Advisory Commission has provided suggestions and background information in the development of this ordinance; and , the Division of Planning has conducted research into the I I WHEREAS, I II regulation of trees on public property; and I I ! I WHEREAS, since 1981 all new residential subdivisions have been required ! II to plant street trees except as specifically waivered by City Council; II and II WHEREAS, a substantial financial investment has been made by developers II and the city in the planting and maintenance of street trees; and II I WHEREAS, Public concern has been expressed about the nature and extent II of the pruning performed by some utility companies, commercial I II landscaping contractors and private citizens; and I II WHEREAS, the proposed amendments have been reviewed by the Tree and 1\ i Landscape Advisory Commission on February 19, 1991; and I II WHEREAS, the proposed amendments have been reviewed and unanimously I 11 recommended by the Planning and Zoning Commission on December 6, 1990; ! and i I I[ 1 WHEREAS, it is recognized that the regulation of street trees and other I trees on city property is necessary to promote the general health, !I safety and welfare of the residents of Dublin. i NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, II state of Ohio, of the elected members concurring: I II SECTION 1. That Chapter 1187, Landscaping, be amended in section I I II 1187.09 to read as follows: , Ii I 'I I II I II 1187.09 STREET TREE AND PUBLIC TREE REQUIREMENTS. I I II REQUIREMENTS FOR TREES LOCATED ON CITY-OWNED PUBLIC PROPERTY ! ,I The following are requirements for the planting, pruning and removal of I I trees within City-owned property. For the purposes of this ordinance, I I City-owned property shall include all public ways, streets, alleys, I parks or other property owned by the municipality. I Ii I I II ( a) Requirements. It shall be required that all subdividers or I developers plant trees along public streets of their ,I developments in such a manner, type, quantity and location as i I II approved by the Planning and Zoning Commission and as defined I 'I I I by the following conditions, and that any undeveloped street I or existing street with undeveloped frontage shall conform to these requirements at the time of the development. 1 I (1) The tree to be planted shall not be undesirable tree i I species, as those listed in Appendix E (Recommended I I Street Trees for Dublin, Ohio.) I 1 (2 ) The minimum spacing between this and other trees shall be forty-five feet for large trees, thirty-five feet for medium trees and twenty-five feet for small trees. See definition below. (3 ) The maximum spacing between trees shall be fifty feet for large trees, forty feet for medium trees, and thirty feet for small trees. (4 ) 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 I I I I RECORD OF ORDINANCES -_._._._~---_..'- Dayton Legal Blank Co. Form No. 30043 ---- --------- -- Page 2 of 5 I lordi"""ce No. 08-91 Passed 19u i , -~---- -'CC'----~--~-.~:.::.:c:_~==__=c.c===_==1='cc=c,~..= ~------ ---- I I I I two feet for a large tree, two feet for a medium tree and I i one and one-half feet for a small tree. I , (5 ) The tree location shall be at least twenty feet from I street intersections and ten feet from fire hydrants or I utility poles. (6) A small tree shall be used when planting under or within , ten lateral feet of overhead utility wires. A small or I I I[ medium tree shall be used when planting within ten to I I twenty lateral feet of overhead utility wires. I II (7) The developers shall be required to maintain the trees I I[ for one year after the trees are planted and to replace any tree which fails to survive or does not exhibit Ii normal growth characteristics of health and vigor within I such one-year period. A one-year guarantee period shall begin at each planting and shall recommence as trees are I replaced. Upon completion of a street tree planting, the 'I landscape contractor shall contact the Division of !I Planning and Urban Forester for a preliminary inspection. The guarantee period shall begin after the approval of I the Division of Planning and Urban Forester. 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 City's inspection, shall be promptly replaced at the expense of the developer. (8 ) The trees should be of one and the same genus and species planted continuously down each street as per street tree ordinance. (9) The minimum trunk caliper measured at six inches above the ground for all street trees shall be no less than one and three-quarter inches. (b) Tree Toppino. 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. (c) Heioht 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 sidewalks. 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. (d) Municipal Riohts. 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 insure public safety or to preserve or enhance the environmental quality and beauty of such public grounds. A public tree permit shall be obtained prior to commencement of work. The Urban Forester or other Municipal Officer 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 is injurious to sewers, electric power lines, gas lines, water lines or other public improvements, or is affected with any planting of street trees by adjacent property owners provided that the selection and location of the trees is in accordance with the provisions of this section. (e) Reducino Treelawn. No person shall by any type of construction reduce the size of a treelawn without first I procuring permission from the Division of Planning. (f) Violations. A person who removes, damages or causes to be removed a public tree from the treelawn or other public place without a Public Tree Permit shall be subject to the provisions and penalties of Section 541.08 of the Codified Ordinances of Dublin and/or shall be required to remove and replace the tree with a tree of like caliper as approved by the municipality. ( g) Permit Reauirements. l. No person, contractor or city 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 City, without obtaining a public tree permit from the City of Dublin or in the case of municipal park I , I RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 ----~--_..------- -------,------- Page 3 of 5 I Ordinance No. 08-91 Passedn 19. I ___n____ ___ _0___ I ~-= L=c== , I I land, a public tree permit shall be issued by the Park Administrator. A public tree permit shall specify number of trees or shrubs, size, type, species, and location to be planted, pruned or removed. 2. The City Manager or an appropriate designee shall have the authority to deny a permit to any person or I contractor, who proposes to plant any tree or shrub I upon a public way, street, alley, park or other property owned by the City, of a size, type or II species determined to be undesirable for the I proposed location, or if the location is determined to be unsuitable. 3. Public 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 II terms are violated. If the work to be performed is in a City-owned right-of-way, an additional permit is required from the City Engineer to work in a public right-of-way. 4. Public tree permits shall be administered by the Urban Forester. Each location subject to a public tree permit shall be field inspected by the Urban I Forester or Landscape Planner prior to approval or rejection. All permits for pruning of public trees shall show conformance with the National Arborist I' Association Pruning Standards For Shade Trees. II 5. Utility companies shall provide written evidence to II the Urban Forester, of adherence to established I guidelines (as recommended by the National Arborists , Association) for line clearance work. These ". guidelines shall cover the following areas: A. Tree trimming/pruning B. Tree removal C. Brushing II D. Right-of-way clearance for new :1 transmission I conductor on private right-of-way I E. Chemical brush control and appropriate precautions. (h) Removal , Replantina and Replacement in Public Places 1. Wherever it is necessary to remove a tree(s) or shrub(s) from a treelawn or other public place, as defined, in connection with the paving of a i sidewalk, or the paving or widening of a portion of I a street, alley, or highway used for vehicular II traffic, or any other reason, the City shall endeavor to remove and replant such trees or shrubs, II or replace them. No tree over 12" in caliper or 30 I' II years in age shall be removed without prior review II by the Tree and Landscape Advisory Commission. II 2. No person or adjacent property owner shall remove a tree or shrub from the city-owned treelawn, or other I public place, as defined, for any purpose. (i) Abuse or Mutilation of Public Trees 1. Unless specifically authorized by the City Manager or an appropriate designee, no person shall intentionally damage, cut, carve, transplant, or remove any tree or shrub; attach any rope, wire, nails, advertising posters, or other contrivance to any tree or shrub, allow any gaseous liquid, or solid substance which is harmful to such trees or shrubs to come in contact with them; or set fire or permit fire to burn when such fire or the heat thereof will injure any portion of any tree or shrub. 2. No person shall excavate any ditches, tunnels, trenches, or install a driveway or sidewalk within a radius of ten (10) feet from the trunk of any public I I RECORD OF ORDINANCES -~-------,- Dayton Legal Blank Co. Form No. 30043 ----- page 4 of :;--. I- I Ordinance No. 08-9l Passed 19 i I ~ - c=c,c==,_ -':' II i I I tree or shrub without first obtaining written approval from the Urban Forester. (j) Public Tree Care 1- The City shall have the right to plant, prune, maintain and remove trees, plants and shrubs or portions thereof within the rights-of-way of all streets, alleys, avenues, lanes, and other public grounds, as may be necessary to insure public safety or to preserve or enhance the health of the plant material or the beauty of such public grounds. 2. The City Manager or an appropriate designee may remove or cause or order to be removed, any tree or part thereof which is in an unsafe condition or which by reasons of its nature is injurious to sewers, electric power lines, gas lines, water lines, or other public improvements, or is affected with any injurious fungus, insect or other pest. This Section does not prohibit the planting of Street Trees by adjacent property owners providing that the permission of the Urban Forester or Landscape Planner or designee has been granted. 3. The City 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 insure that street trees thrive, homeowners are encouraged to confer with the Urban Forester and water the trees as needed. (k) Dead or Diseased Tree Removal on Private Property The City shall have the right to cause the removal of any dead or diseased tree(s) located on private property within the City and/or cause the removal of branches of trees located on private property within the City which overhang public property, when such trees constitute a hazard to life and property, or harbor an epiphytotic disease which constitutes a potential threat to other trees within the City. The City Manager or an appropriate designee shall notify, in writing, the owners of such trees. Removal shall be done by said owners at their own expense within 60 days after the date of service of written notice, unless a longer period is agreed to in writing by the City Manager or a designee, to allow time to attempt to treat and cure a salvageable diseased tree. In the event of failure of owners to comply with such provisions, the City shall have the authority to remove any such tree(s) and charge the cost of removal to the owner's property tax notice. (1) Removal of Stumps All stumps of street and park trees shall be removed twelve inches below the surface of the ground. Stumps shall be removed or 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 public tree permit. (m) 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 or park trees within the City without first applying for and securing an arborist license. The license fee shall be $25 annually in advance; provided, however, that no license shall be required of any public service or utility company or City employee doing such work on an emergency basis. Before any license shall be issued, each applicant shall first file evidence of possession of liability insurance in the minimum amounts of $50,000 for bodily injury and $100,000 property damage indemnifying the City or any person injured or damaged resulting from the pursuit of such endeavors as herein described. I I , RECORD OF ORDINANCES ---------- Dayton Legal Blank Co. Form No. 30043 ~ Page 5 of 5 I ~~nce No. 08-91 Pllssedn 19~~__1~~ I i Section 2. That Chapter 1187, Landscaping, be amended in section 1187.10 as follows: 1187.10 DEFINITIONS For the purpose of this section, certain terms are herewith defined. When not inconsistent with the context, words used in the present tense include the future, words in the singular number include the plural, words in the plural number include the singular; the word "person" includes association, firm, partnership, trust, governmental body, corporation, organization, as well as an individual; the word "structure" includes building; the word "occupied" includes arranged, designed, or intended to be occupied; the word "used" includes arranged, designed or intended to be used; the word "shall" is always mandatory and not merely directive; the word "may" is permissive; and the word "lot" includes plot or parcel. Other words and terms shall have the following respective meanings: (a) "Accessory use or service structure" means a use or structure subordinate to the principal use or building on a lot and serving a purpose customarily incidental thereto. (b) "Landscape buffer zone" means that area adjacent to any vehicular use area or along common boundaries in which the perimeter landscape requirements are to be met. (c) "Interior landscaping" means the use of landscape materials within the innermost boundaries of the landscape buffer zone and perimeter landscaping. (d) "Opacity" means an imaginary vertical plane extending from the established grade to a required height of which a required percent of the vertical plane shall be visually screened from adjacent property use. (e) "Parking area or structure" means an off-street area or ~ structure, for required parking or loading spaces, including driveways, access ways, aisles, parking and maneuvering space, but excluding required from yard, or public right-of-way. (f) "Parking lot or structure" means an off-street area or structure, other than the parking or loading spaces or areas required or permitted under this section for the parking of automobiles and available to the public customarily for a fee. (g) "Perimeter landscaping" means the use of landscape materials within the landscape buffer zone to achieve the required opacity. (h) "Service structures". See Section 1187.04(c). (i) "Treelawn" means that part of a street not covered by sidewalk or other paving, lying between the property line and that portion of the street right-of-way that is paved and usually used for vehicular traffic. (j) "Vehicular use area" means any area used by vehicles. (k) "Large tree" means any tree species which normally attains a full-grown height equal to or greater than fifty feet. (1) "Medium tree" means any tree species which normally attains a full-grown height of between thirty and fifty feet. (m) "Small tree" means tree species which normally attains a full- grown height of under thirty feet. (n) "Person" means any person, corporation, partnership, company, contracting firm or other entity, including those employed by the municipality or under a contract with the municipality. (0) "Epiphytotic" means the sudden and destructive development of a plant disease, usually over large areas. Corresponds to an epidemic of a human disease. Section 3. That this ordinance shall take effect and be in force from and after the earl~~t period allOwjd by law. 15~ day Of~-4 ,1991- ~test: /40-d // Cl rk of Coun Sponsor: Department of Development I