44-79 Resolution
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~ DEG 1 7' 1979
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RESOLUTION NO. ~'I- 71
A RESOLUTION CREATING A ~O,c~~
COMllISSION,
DEFINING THE DUTIES THEREOF AND ESTABLISHING
A PUBL IC TREE PROGRAl'1.
WHEREAS, the Village of Dublin presently has no program
t"1 insuring the planting and preserving of healthy, desirable
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'-" species of trees and shrubbery within the Village so as to
ascertain that there is not an overabundance of undesirable,
destructive, diseased trees or shrubs or trees which otherwise
I pose a menace to the health, safety, and welfare of the
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I inhabitants of the Village, and
WHEREAS, it is deemed beneficial to establish a commission
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to regulate, direct, control, and supervise the existing and ,
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I future planting and preservation of trees and shrubbery within
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I the Village,
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! NOW THEREFORE BE IT ORDAINED by the Council of the Village
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I of Dublin, members concurring that:
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, Section 1. There be and hereby is created for the Village
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I of Dublin a Public Tree Program which shall in all respects
I comply with and conform to the attached Exhibit A, which is
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, hereby incorporated herein as fully as if rewritten.
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I Section 2. tne.,,+,.
The Dublin SU j 'l'y Commission is hereby
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created to be composed of (3) members to be selected and
I appointed by the Mayor, with the approval of Council as provided
I in the attached Exhibit A and to have the powers enumerated
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I therein.
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I Section 3. This Resolution shall take effect and be in
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I force from and after the earliest period allowed by law.
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Passed this /7~ day of t::kcCW1 ~ , 1979.
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I {'aTL~
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President Pro Tempore
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Mayor - Presiding Officer
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. EXHIBIT A
PUBLIC TREE PROGRAM
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1. ORDINANCE TEXT
. CHAPTER 0
.r: Tr.ee~
0.01 Definitions. 0.07 Pruning obstructions.
'-r 0.02 Establishment of Shade Tree 0.08 Abuse or mutilation of
Commission public trees.
0.03 . Powers of Shade Tree Commission 0.09 Protection of trees.
0.04 Prohibited trees and shrubs. 0.10 Placing materials on
.0.05 Removal, rep1anti'ng and public property.
replacement. '0.99 Violations and penalties.
0.06 'Unlawful trees and shrubs.
0.01 DEFINITIONS.
For the purpose of this chapter the fo110wing.terms, phrases, words
and their derivations shall have the meaning given herein. When not consis~
tent with the context, words used in the present tense include the future,
. words in the plural include the singular, and words in the singular include
. the plural. The \'Jord "sha1'" is mandatory and not merely directory:
(a) "Pe'rson" means any person, firm, partnership, association,
~corporation, company or organization of any kind..
C (b) "Street" or "highway" means the entire width of every public
way, easement or right-of-way when any part thereof is open to the use of
the public, as a matter of right, for the purposes of vehicular and pedes-
.trian traffic, and shall include alleys.
(c) II Pub 1 i c places II i nc 1 ude all other grounds owned by the Vi 11 age.
(d) "Property line" means the outer edge of a street or highway.
(e) "Tree1awn" means that part of a street or highway not covered
by sidewalk or other paving, lying between the property line and that portion
of the street or highway usually used for vehicular traffic.
(f) .. Pub 1 i c trees" mean a 11 s hade and ornamental trees now or .
hereafter growing on any street, highway or any public places. .
(g) "Large trees" mean those attaining a height of forty-five
feet or more.
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(h) "Medium trees" mean those attaining a height of thirty to
. .. forty-five feet. \
(i) "Small trees" mean those attaining a height of twenty feet
to thi rty feet.
D (j) "Principal thoroughfare" means any street upon which trucks
are not prohibited. .
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0.02 . ESTABLISHMENT OF ~IADE TREE COMMISSION.
There is hereby created a commiss~~~O be known and designated
as the "Shade Tree Commission" composed of e..residents of the Village.
Members shall be appointed by Council. The Village Forester shall be
secreta ry to the Shade Tree Corrmi s s i on " t \W ",. "~, ~............ t\ "'" ^\-"" 10, ~ "'0'
. . The term of the ~~ pers2ns to be appointed shall be three
years, provided that the term of tiI of the members appointed to the first
Commission shall be for one year and -.c..of the members appointed to the. ~
first Commission shall be for two years. In the event that a vacancy
shall occur during the term of any member, his or her successor shall be
appointed for. the unexpired portion of the term.
Members of the Commission shall serve without compensation.
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0.03 POWERS OF SHAnE-IRE COMMISSION.
The ~<Jil~~~~ Commission shall have the power to study, investi-
. gate, plan, advise, report and recommend to Council any action, program,
plan.or legislation which the Commission shall find or determine to be
C necessary or advisable for the care, selection, preservation, trimming,
planting, replanting, removal or disposition of trees and shrubs in public
ways, streets, alleys, highways and other public places.
The Commission shall choose its own officers, make its own rules
. 'and regulations and keep a journal of its proceedings. A majority of the
members shall be a quorum for the transaction of' business. All plans,
findings, advice, reports and recommendations made by the Commission shall
be in writing and designate by name those members of the Commission approving
or concurring therein, and members who do not so approve or concur therein
shall have the right, as a part of such report, to state their reasons for
refusing to approve or concur.
The Commission, when requested by Councilor the Village Administrator
shall consider, investigate, make findings, report and recommend upon any
special matter or question coming within the scope of its work. .
0.04 PROHIBITED TREES AND SHRUBS.
The following trees shall not be planted on Municipally-owned
. property: .
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Acer saccharinum (Silver Maple)
Acer negundo (Box Elder) .
Aesculus hippocastanum (Horse Chestnut)'
Ailanthus altissima (Tree of Heaven)
Betul a (Bi rch) .
Catalpa
."'" Morus (Mulberry)
Populus (Poplars)
'1 Salix (Willows)
\.J Ginko bi10ba (Ginko: female)
Populus de1toides (Cottonwood)
Sorbus aucuparia (European Mountain Ash)
Robinia pseudoacacia (Black Locust)
Malus pumi1a (Apple)
Ulmus americana 'Mo1ine' (Moline Elm)
Ulmus parvifo1ia (Chinese Elm)
Whenever any tree or shrub shall be planted or set out in conflict
,with the provisions of the sectiont it shall be lawful' for the Village
Forester or his designee to remove or cause removal of the same:
0.05 REMOVAL, REPLANTING AND REPLACEMENT.
(a) Wherever it is necessary to remove a tree or shrub from a
treelawn in connection with the paving of a sidewa1kt or the paving or
widening of a portion of a street, alley or highway used for vehicular
traffic, the Village shall replant such trees or shrubst or replace them;
provided, that it may be satisfied if an equivalent number of trees or
shrubs of the same size and species are planted in an attractive manner.
0 (b) No person or property owner shall remove a tree or shrub
from a treelawn for the purpose of construction, or for any other reason
without first fi.1ing an application and obtaining a permit> from the Village
Forester and without replacing the removed tree or shrub. Such replacement
shall meet the' standards of size, species and placement as provided for in
. a permit issued by the Village Forester. The person or property owner shall
bear the cost of removal and replacement of all trees or shrubs removed.
0.06 UNLAWFUL TREES AND SHRUBS.
No person shall maintain or permit to standt any tree or shrub
designated dead, diseased or deemed a menace to hea1tht safety and welfare
of the people of Dublin.
0.07 PRUNING OBSTRUCTIONS.
(a) It shall be the duty of any person or persons owning or occu-
pying real estate bordering on any street upon which property there may be
trees or shrubs to prune such trees or shrubs in such manner that they will
not obstruct or shade the street lightst obstruct the passage of pedestrians
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, on sidewalks, 'obstruct vision of traffic signs, or obstruct the view of
any street or alley intersection. . The minimum clearance of any overhang
. portion thereof shall be ten feet over sidewalks,' and twelve feet over
all streets except truck thoroughfares which shall have a clearance of
. sixteen feet.
(b) Should any person or persons owning real estate property
0 bordering on any street fail to prune trees or shrubs as herein provided.
the Village Forester shall ord~r such person or persons within ten days
after receipt of written notice, to so prune such trees or shrubs.
The order'recjuired here'in shall be served by mailing a copy
of the order to the last known address of the property owner, by certified
ma il .
When a person to whom an order is directed shall fail to
comply within the specified time, it shall be lawful for the Village to v.
prune such trees or shrubs and the exact cost thereof shall be assessed
to the owner as provided by law in the case of special assessments.
0.08 ABUSE OR MUTI.LATION OF PUBLIC TREES.
Unless specifically authorized by the Village Forester or his
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 to burn when such fire or the heat thereof will
injure any portion of any tree or shrub.
0.09 PROTECTION OF TREES.
0 All trees and shrubs on any street or other publicly owned property
near any excavation or construction .of any building, structure or street work,
shall be guarded with a good substantial fence, frame or box, not less
than four feet high and eight feet square, or at a distance in 'feet from the
tree or shrub equal to the diameter.of the trunk in inches at chest high,
whichever is greater, and all building material, dirt or other debris shall
be kept outside the barrier.
No person shall excavate any ditches, tunnels, trenches or lay
any drive within a radius of ten feet from any public tree or shrub without
first obtaining a written permit from the Village Forester.
0.10 PLACING MATERIALS ON PUBLIC PROPERTY.
No person shall deposit, place, store or maintain, upon any public
place of the Village, any stone, brick, sand, concrete or other materials
which mqy impede the free passage of water, air or fertilizer to the roots
of any tree growing therein, except by written permission of the Village
Forester.
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0.99 VIOLATIONS AND PENALTIES
Any person, firm or corporation violating or failing
to comply with any of the provisions of this chapter shall be fined
not less than twenty-five dollars ($25.00) nor more than five hundred
dollars ($500.00).
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' :! 2.
RECOMMENDED SHADE AND ORNAMENTAL TREES FOR PUBLIC PLANTING
\ BOTANICAL NAME COMMON NAME
Medium-Large Trees
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Acer platanoides 'Emerald Green': Emerald Queen Norway Maple
Acer rub rum 'Red Sunset' or Red Sunset/Autumn Flame Red
'Autumn Flame' Mapl e
Acer saccharum 'Green Mountain' Green Mountain Sugar Maple
Fraxinus americana 'Autumn Purple' Rosehill/Aotumn Purple Ash
or'Rosehill' .
Fraxinus pennsylvanica sUQintergina Ma rs ha 11 sAsh.
'Marshalls Seedless'
Ginko biloba 'Autumn Gold' (male Autumn Gold Ginko
cul ti"vas)
Gled;tsia triacanthos inermis Moraine/Skyline Honeylocust
'Moraine' or 'SkYline'
Liquidambar styraciflua 'Moraine' Moraine Sweetgum
(moist areas)
Platanus acerifolia 'Bloodgood' Bloodgood London Planetree
Quercus rubra maxima Red Oak
[ Quercus acutissima Sawtooth Oak
Quercus imbircaria Shingle Oak
. Quercus palustris 'Sovereign' Soverign Pin Oak
Quercus shumardi Shumardi
Tilia cordata 'Greenspire' Greenspire Linden
.Upright Trees
Acer platanoides 'Cleveland" , Clevel and Norway Maple
Acer rubrum 'Armstrong' or Armstrong/Columnare Red Maple
. 'Columnare'
Carpinus betulus 'Fastigiata' Upright European Hornbeam
Quercus robur 'Fastigiata' English Oak
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.Small/Ornamental Trees
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Acer buergerianum Trident Maple
Acer campestre Hedge Maple
Crataegus crusgalli I Inermis' ~ Thornless Cockspur Hawtborne
, Crataegus punctata 'Ohio Pioneer' Ohio Pioneer Hawthorne
r; Crataegus 'Winter King' Winter King Hawthorne
Eucommia ulmoides Hardy Rubber
Koelreuteria paniculata Golden Rain Tree
\.I Malus 'Snowdrift' Snowdrift Crabapple
Malus 'White Angell White Angel Crabapple
Malus IZuma CalocarpaI Redbud ,Crabapple
Prunusserrulata I Kwanzan' Kwanzan Cherry
Pyrus ca 1 eryana I Bradford I or Bradford Chanticleer Pear
'Chanticleer'
The above preferred shade and ornamental trees are the type that should
be used on the indicated streets for public planting program. The
'specific recommendations with respect to tree type, spacing and general
placement should be made on an individual basis, once a commitment has
been made to landscape these streets.
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