46-97 Ordinance AMENDEDRECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
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46-97 (AMENDED)
Ordinance No. - - -- Passed------ - -- -- _ _ 19
An Ordinance amending Section 153.150 to 153.139 and Section 153.077 of
the Planning and Zoning Code relating to landscaping and screening of service
structures.
WHEREAS, periodic amendments to the Codified Ordinances of the City of Dublin aze
necessary to accommodate the needs and desires of the community; to protect the health,
safety and welfaze of the residents; and to promote the aesthetic, appeal, character and
value of the neighborhoods;
WHEREAS, substandard trees and landscape materials constitute a safety hazard
through breakage and damage during windstorms and other natural hazards; and
WHEREAS, the Planning Commission and Dublin Tree and Landscape Advisory
Commission have reviewed and recommended approval of the proposed revisions;
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State
of Ohio, ~_ of the elected members concurring:
Section 1. That the existing Landscape Code Sections be repealed and that Section
153.077 be added to the General Development Standazds.
Section 2. That the following be adopted as a new Section in the Dublin Codified
Ordinances:
Landscaping
153.130 Intent.
153.131 Purpose.
153.132 Sites affected.
153.133 Minimum landscape
requirements.
153.134 Street tree and public tree
requirements
153.135 Landscape materials
153.136 Plan submission and approval.
153.137 Planting manual.
153.138 Vaziances.
153.139 Definitions
CROSS REFERENCES
Screening for Service Structures -see Section 153.077
Power to regulate shade trees and shrubbery -see Ohio R.C. 715.20
Injury or destruction of trees and shrubs -see GEN. OFF. 131.08
153.130 INTENT.
The intent of this chapter is to improve the appeazance of vehicular use azeas and
property abutting public rights of way; to require buffering between different land uses;
and to protect, preserve and promote the aesthetic appeal, character and value of the
surrounding neighborhoods; and to promote public health and safety through the
reduction of noise pollution, air pollution, visual pollution, air temperature and artificial
light glare. (Ord. 21-70. Passed 7-13-70.)
153.131 PURPOSE.
It is further the purpose of this chapter to specifically promote the preservation
and replacement of trees and significant vegetation removed in the course of land
development, and to promote the proper utilization of landscaping between certain land
uses to minimize the opportunities of nuisances. (Ord. 21-70. Passed 7-13-70.)
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Ordinance No.___46-97_(AMENDED) Passed ---- -- -19-
153.132 SITES AFFECTED.
(a) New Sites. No certificate of zoning compliance or building permit shall
be issued hereafter for any site development or the construction or improvement of any
building, structure or vehicular use area except where landscaping for such development,
construction has been approved as required by the provisions of this chapter. Single-
family uses shall be required to install street trees per Section 153.134, screen service
structures per Sections 153.133(c) and 153.077, and preserve existing vegetation per
Sections 153.133(d)(1) and (2). (Ord. 21-70. Passed 7-13-70)
(b) Existing Sites. No building, structure, or vehicular use area shall be
constructed or expanded unless the minimum landscaping required by the provisions of
this chapter is provided to the property to the extent of its alteration or expansion. In
the case of a substantial expansion, the entire site must be brought into compliance with
the minimum requirements of this chapter. An alteration or expansion to an existing
property is substantial when:
(1) In the case of a building or structure expansion which does not
involve additional land, the square footage of the alteration or
expansion exceeds twenty-five percent (25 %) of the square
footage of the existing building exclusive of the alteration or
expansion, and
(2) In the case of an alteration or expansion involving both an
existing building or structure and additional land, and, if
applicable, additional structures or buildings, the area or square
footage of the expanded or altered land or structure or building,
respectively, exceeds twenty-five percent (25 %) of the area or
square footage of the existing land or structure or building
respectively, exclusive of the alteration or expansion.
(3) "Land," as used herein, includes land used for space, parking or
building purposes. (Ord. 38-82. Passed 7-19-82)
153.133 MINIMUM LANDSCAPE REQUIREMENTS.
This section describes the minimum requirements that shall be met in regard to
perimeter buffer landscaping for different land use areas, perimeter landscaping for
vehicular use areas, interior landscaping and shading of parking lots, landscaping for
service areas, and additional site landscaping for businesses, buildings, structures or
other new developments.
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(a) Perimeter Buffer Landscaping Requirements.
(1) Purpose. It is the purpose of this section to improve the
appearance of vehicular use areas, to separate vehicular and
pedestrian traffic areas, to reduce the effects of glare from
automobile headlights, to screen the appearance of parking areas
from public rights-of--ways and adjacent properties (vehicular use
area perimeter requirements), and to require buffering between
different land uses and along certain public rights-of--way
(property perimeter requirements).
(2) Opacity requirements. Landscape materials, fences, and walls
used to fulfill perimeter landscaping requirements shall be
installed to provide 100 percent year round opacity. Landscape
materials must be an evergreen species. The height of plant
material used to fulfill the requirements of this section must be
installed per Section 153.135 and meet height and opacity
requirements within four years after installation.
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Ordinance No.__46-97 (AMENDED) Passed------ ----- __19___.---
(3) Perimeter buffer landscape zone. The perimeter buffer
landscape zone shall be provided by the property owner adjoining
the street, unless the authority building the street has fully met all
v requirements on the street right-of--way. When adjacent to other
common boundaries, the perimeter buffer landscaping:
A. May be placed on either adjoining parcel, or astride the
boundary, if both owned and being processed by the same
owner; or
B. Generally shall be placed on the activity listed under
Appendix A, column B and Appendix B, column B, when
adjoining parcels have different owners; or
C. May be placed astride the boundary of adjoining parcels
having different owners if a written agreement, signed by
both owners, is filed with the Planning Director, as a
public record; or
D. Shall be placed on the activity or parcel being processed
when adjoining property is already developed with the
exception of Appendix A, lines 6 and 7; or
E. Shall not be required along the common boundary if the
requirements of this chapter have been fully complied with
on the adjoining property, in fulfillment of the
requirements of this chapter.
(4) Property perimeter requirements. Property perimeter
requirements provide buffering between different land uses and
.• along certain rights-of--way. See Appendix A.
(S) Vehicular use area perimeter requirements. Vehicular use area
perimeter requirements provide buffering of areas used by
vehicles such as parking lots and driveways from adjacent
property or public rights-of--way. See Appendix B.
(6) Requirements conflicts. Whenever a parcel or activity falls
under two or more of the categories listed in the table of
subsection (a) (4) or (5) hereof, only one category, that with the
most stringent requirements, shall be enforced.
(7) Perimeter buffer landscape zone conflicts. The required
perimeter buffer landscape zone may be combined with a utility
or other easement as long as all of the landscape requirements can
be provided in addition to, and separate from, any other
easement. Cars or other objects shall not overhang or otherwise
intrude upon the required perimeter buffer landscape zone more
than two and one-half feet, and wheel stops or curbs shall be
required.
(8) Existing landscape material. Existing landscape material shall
be shown on the required plan, and any material in satisfactory
""~'"' condition may be used to satisfy these requirements in whole or
in part when, in the opinion of the public approval authority, such
'~"' material meets the requirements and achieves the objectives of this
chapter.
(9) Landscaping at driveway and street intersections. To insure
that landscape materials do not constitute a driving hazard, a sight
triangle shall be observed at all street intersections or intersections
of driveways and streets. Within this sight triangle, no landscape
material nor parked vehicles, except for required grass or ground
cover, shall be permitted. Within the sight triangle, trees shall be
permitted as long as, except during early growth stages, only the
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46-97 AMENDED
O~~dinance No.----- - - --~- -- ~ Passed_ - -- 19
tree trunk is visible between the ground and eight feet above the
ground, or otherwise does not present a traffic visibility hazard.
The sight triangle is defined in the following sections and is
illustrated in Appendix C.
A. Driveway intersection sight triangle. At intersections of
driveways with streets, the sight triangle shall be
established by locating the intersection of the street curb
with the driveway edge, and by measuring from this point
a distance of ten feet along the driveway to a point and a
distance of twenty feet along the street curb to a point and
connecting these points.
B. Street intersection sight triangle. At street intersections,
the sight triangle shall be formed by measuring at least
thirty-five feet along curb lines and connecting these
points.
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(b) Interior Landscaping for Vehicular Use Areas. Any open vehicular
use area, excluding loading, unloading and storage areas in an industrial
zone or business zone, containing more than 6,000 square feet of area,
or twenty or more vehicular parking spaces, shall provide interior
landscaping in addition to the previously required perimeter landscaping.
Interior landscaping may be peninsular or island types, and must include
at least one deciduous shade tree per peninsula or island (from Appendix
E, Group A or B) to be counted towards the required landscape area.
(1) Purpose. It is the purpose of this section to break up large areas
of impervious surfaces in order to provide shade and heat
abatement, and enhance the appearance of the community.
(2) Landscape area. For each 100 square feet or fraction thereof, of
vehicular use area, a minimum total of five square feet of
landscaped area shall be provided.
A. Minimum area. The minimum landscape area permitted
shall be 112 square feet with a minimum inside dimension
width of seven feet, and afour-foot minimum dimension
to all trees from edge of pavement where vehicles
overhang.
B. Maximum contiguous area. In order to encourage the
required landscape areas to be properly dispersed, no
individual landscape area shall be larger than 350 square
feet in size, and no individual area shall be larger than
1,500 square feet in vehicular use areas over 30,000
square feet. In both cases, the least dimension of any
required area shall be four feet minimum dimension to all
trees from edge of pavement where vehicles overhang.
Individual landscape areas larger than above are permitted
as long as the additional area is in the excess of the
required minimum total.
(3) Tree Planting Requirement. The following number and size of
trees are required within the interior landscaped area. This
requirement is based upon total ground coverage of structures and
vehicular use areas:
A. There shall be a minimum of one tree for every 5,000
square feet of ground coverage. Trees must be at least
two inches in caliper at installation.
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' _ ~ Passed
Ordinance No.____________________
B. Permitted trees to fulfill this requirement include those
listed in Appendix E, Group A or B. Ornamental and
evergreen trees cannot be used to fulfill this requirement.
C. Trees shall have a clear trunk of at least five feet above
the ground, and the remaining area shall be landscaped
with hardwood mulch, shrubs, or ground cover, not to
exceed two feet in height.
(4) Vehicle overhang. Parked vehicles may hang over the interior
landscaped area no more than two and one-half feet, as long as
concrete or other wheel stops are provided to insure no greater
overhang or penetration of the landscaped area. See illustration
Appendix D. (Ord. 13-91. Passed 5-18-81)
(c) Screening For Service Structures. Service structures shall be screened
in all zoning districts. For the purposes of this section, service structures
shall include but not be limited to loading docks, storage tanks,
dumpsters, electrical transformers, utility vaults which extend above the
surface, cooling towers, roof top units and other equipment or elements
providing service to a building or a site. Structures may be grouped
together; however, screening height shall be based upon the tallest of the
structures. Roof top mechanical units must be screened to the full height
of the unit. (Ord. 17-88. Passed 3-6-89.)
(1) Screening requirements. A continuous (having 100 percent
opacity) planting, hedge, fence, wall of earth, which would
enclose any service structure on all sides is required, unless such
structure must be frequently moved, in which case screening on
all but one side is required. The height of the screening material
shall be one foot more than the height of the enclosed structure,
but shall not be required to exceed 12 feet in height. Whenever a
service structure is located next to a building wall, perimeter
landscaping material or vehicular use area landscaping material,
such walls or screening material may fulfill the screening
requirement for that side of the service structure if that wall or
screening material is of sufficient height to meet the height
requirement set out in this section. Plant material used to screen
a service structure shall be an evergreen species which retains its
needles throughout the year. Deciduous plant material cannot be
used to fulfill this screening requirement. The height of the
evergreen plant material at installation must be equal to, or
greater than, two-thirds of the height of the service structure(s),
and meet the height and opacity requirements within four years.
No interior landscaping shall be required within an area screened
for service structures.
(2) Curbs to protect screening material. Whenever screening
material is placed around any trash disposal unit or waste
collection unit which is emptied or removed mechanically on a
regularly occurring basis, a curb to contain the placement of the
container shall be provided within the screening material on these
sides where there is such material. The curbing shall be at least
one foot from the material and shall be designed to prevent
possible damage to the screening when the container is moved or
emptied.
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Dayton Legal Blank Co. Form No. 30043
Ordinance No.
Passed _ _______19________
(d) Additional Site Landscaping Requirements. All new developments,
regardless of type, and all alterations or expansions to existing
developments, shall provide site landscaping in addition to the previously
required perimeter landscaping. Site landscaping shall consist primarily
of new tree planting or the preservation of existing trees or hedges within
the development site.
(1) Preservation of wooded areas: It is encouraged that efforts be
made to preserve natural vegetation areas. Consideration shall be
given to laying out streets, lots, structures and parking areas to
avoid the unnecessary destruction of heavily wooded areas or
outstanding tree specimens. It is further encouraged that,
whenever possible, heavily wooded areas be designated as park
reserves.
(2) Preservation of existing landscaping materials. All trees having
a trunk diameter of six inches or greater as measured 4.5 feet
from ground level shall be preserved unless such trees are
exempted as follows:
A. Trees within public rights of way or utility easements or
a temporary construction easement as approved by the
Municipal Engineer.
B. Trees within the ground coverage of proposed structures
or within twelve feet of the perimeter of such structures.
C. Trees within the driveway access to parking or service
areas or proposed areas to service asingle-family home.
D. Trees that in the judgment of the City Forester are
damaged, diseased, overmature, or which interfere with
utility lines are an inappropriate or undesirable species for
that specific location.
It is encouraged that exempted trees subject to destruction be
preserved by relocation and replanting of such trees on a lot.
(3) Site planting requirements.
A. Purpose. It is the purpose of this section to provide
additional landscaping to enhance the appearance and
customer attraction of commercial and industrial areas, to
enhance the architectural character and aesthetics of the
site, and to enhance the beautification of the city. This
section pertains to additional landscaping located around
the building and other portions of the site. It does not
include landscape material that has been provided to fulfill
the planting requirements for interior landscaping,
vehicular use area perimeters, property perimeters, and
street trees.
B. For all new development the following landscape
requirements shall apply:
Use Requirements
R-4, R-10, R-12, PLR, There shall be tree plantings
PHR, and PUD Districts equal to one-inch in tree
trunk size for every 300
square feet or fraction
thereof in ground coverage
by a multi-family structure.
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Ordinance No._
Passed-- -------- -------------------- - ---- -19-- --
Business and Community There shall be landscaped
Shopping Uses per Lot areas equal to two percent
of the building ground
coverage area, or fraction
thereof. Such landscaped
areas shall contain trees,
planting beds, hedges,
fences, walls, earth
mounds, benches or other
materials designed and
located in a manner
complimentary to the
overall architecture of the
surrounding buildings.
Office -Institutional There shall be tree plantings
Uses equal to one inch in tree
size for every 1,500 square
feet of building ground
coverage, or fraction
thereof.
Industrial Uses There shall be tree plantings
equal to one inch in tree
size for every 2,000 square
feet of building ground
coverage, or fraction
thereof.
C. Parking Lots: See subsection (b) hereof.
D. No new tree plantings shall be required if existing trees
and the aggregate trunk sizes of such trees meet or exceed
the requirements as set forth in this chapter and providing
that such trees are evenly distributed throughout the
developed area and not confined either to out-of--the-way
dense clusters or to the perimeter of the developed area.
A tree preservation plan to include location of tree
fencing, fertilization and pruning techniques, and utility
placement must be submitted as part of this requirement.
The minimum tree size for such existing tree plantings
shall be no less than one and one-half inch in trunk
diameter. Trees to be preserved shall be subject to a
discretionary review by the City Forester.
E. For new development or construction, if new tree
plantings are required for conformance to the landscaping
requirements of this chapter, the applicant or owner shall
indicate on the landscape plan the location and size of such
tree plantings. If such landscape plan is approved, the
applicant or owner shall plant such trees as may be
required within one year or the next planting season after
issuance of a building permit. Failure to comply with the
landscaping requirements shall be in violation of this
section and be subject to such penalties as provided in
Section 153.999. (Ord. 13-81. Passed 5-18-81.)
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Ordinance No.__46-~7 AMENDED Passed-------------------------- ---- -- --19__ _--
153.134 STREET TREE AND PUBLIC TREE REQUIREMENTS.
The planting of street trees shall be required at the time a parcel is developed or
redeveloped, in all zoning districts, and in accordance with the following regulations.
(Ord. 66-93. Passed 9-20-93.)
(a) Requirements for Trees Located on City-Owned Public Property
The following are requirements for the planting, pruning and removal of trees
within Ciry-owned property. For the purposes of this section, City-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 public streets of their developments
in such a manner, type, quantity and location as approved by the
Planning and Zoning Commission 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 be an approved street tree as
listed in Appendix E (Approved Street Trees for Dublin,
Ohio).
B. 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.
C. The maximum spacing between trees shall be fifty feet for
large trees, forty feet for medium trees, and thirty 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 tree location shall be at least twenty 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
twenty lateral feet of overhead utility wires.
G. The developers shall be required to maintain the trees 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 a street tree planting, the landscape
contractor shall contact the Division of Planning and Ciry
forester for a preliminary inspection. The guarantee
period shall begin after the approval of the Division of
Planning and City Forester. A final inspection shall be
made at the end of the guarantee period. All trees not
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Passed -- -- -- --- -- --- --------- -- - ---19
exhibiting a healthy, vigorous growing condition, as
determined by the City's inspection, shall be promptly
replaced at the expense of the developer.
H. The trees should be of one and the same genus and species
planted continuously down each street as per street tree
ordinance.
I. 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 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.
(c) 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 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 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 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 City
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.
(e) Reducing Treelawn. No person shall by any type of construction reduce
the size of a treelawn without first procuring permission from the
Division of Planning.
(fj 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
131.08 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 Requirements.
(1) 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
land, a public tree permit shall be issued by the Director of
Buildings and Grounds. A public tree permit shall specify the
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Ordinance No.__46-~7-~A1VfE~TDED) Passed--------------------------------------------------19--------
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 contractor, who
proposes to plant any tree or shrub upon a public way, street,
alley, park or other property owned by the City, of a size, type or
species determined to be undesirable for the proposed location, or
if the location is determined to be unsuitable.
(3) Public tree permits shall be valid for a maximum period of sixty
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. 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 City Forester.
Each location subject to a public tree permit shall be field
inspected by the City Forester or Landscape Planner prior to
approval or rejection. All permits for pruning of public trees
shall show conformance with the National Arborist Association
Pruning Standards For Shade Trees.
(5) Utility companies shall provide written evidence to the City
Forester, of adherence to established 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.
D. Right-of--way clearance for new transmission conductor on
private right-of--way.
E. Chemical brush control and appropriate precautions.
(h) Removal, Replanting 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 sidewalk, or the paving or widening of a portion of a
street, alley, or highway used for vehicular traffic, or any other
reason, the City shall endeavor to remove and replant such trees
or shrubs, or replace them. No tree over twelve inches in caliper
or thirty years in age shall be removed without prior review by
the Tree and Landscape Advisory Commission.
(2) No person or adjacent property owner shall remove a tree or
shrub from the City-owned treelawn, or other 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.
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(2) No person shall excavate any ditches, tunnels, trenches, or install
a driveway or sidewalk within a radius or ten feet from the trunk
of any public tree or shrub without first obtaining written
approval from the City 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 City 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 purposes 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 City 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 such owners at their own expense within sixty 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.
(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
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twenty-five dollars ($25.00) annually in advance; provided, however, that
no license shall be required of any public service or utility company or
Ciry 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 fifty
thousand dollars ($50,000) for bodily injury and one hundred thousand
dollars ($100,000) property damage indemnifying the City or any person
injured or damaged resulting from the pursuit of such endeavors as herein
described. (Ord. 08-91. Passed 7-15-91.)
153.135 LANDSCAPE MATERIALS.
The landscaping materials shall consist of the following and are described in
more detail in the Plant List on file at the Municipal Building. The proposed landscape
materials should complement the form of the existing trees and plantings, as well as the
development's general design and architecture. The type of shade or sun should be
considered in selecting plant materials.
(a) Walls and Fences. To comply with the existing wall and fence
ordinance, for any proposed new building, residential or otherwise,
where stone fencing exists, such stone fencing shall be retained and
improved as part of the approved landscaping.
(b) Earth Mounds. Earth mounds shall be physical barriers which block or
screen the view similar to a hedge, fence or wall. Mounds shall be
constructed with proper and adequate plant material to prevent erosion.
A difference in elevation between areas requiring screening does not
constitute an existing earth mound and shall not be considered as
fulfilling any screening requirement. Where mounds are to be mowed,
the maximum permitted slope is 3:1.
~...
(c) Plants. Artificial plants are prohibited. All plant materials shall be
living plants and shall meet the following requirements:
(1) Quality. Plant materials used in conformance with provisions of
this chapter shall be nursery grown in accordance with good
horticultural practices, grown under climatic conditions similar to
those in Central Ohio, shall conform to the standards of the
American Association of Nurserymen and shall have passed any
inspections required under State regulations. In addition, trees
shall be free of disease, insects and/or damage, and shall be
correctly labeled indicating genus, species and cultivar. All trees
must be transported to/in Dublin from the nursery or holding area
in a covered fashion to protect the tree from wind damage.
(2) Deciduous trees. Trees which normally shed their leaves in the
fall, shall be species having an average mature crown spread of
greater then fifteen feet in central Ohio and having trunks which
can be maintained with over five feet of clear wood in areas
which have visibility requirements, except at vehicular use area
intersections where eight foot clear wood requirements shall
control. Trees having an average mature spread of crown less
than fifteen feet may be substituted by grouping of the same as to
create the equivalent of a fifteen foot crown spread. A minimum
of ten feet overall height or a minimum caliper, trunk diameter,
measured six inches above ground for trees up to four inches
caliper of at least one and three-fourths inches immediately after
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planting shall be required. Trees of species whose roots are
known to cause damage to public roadways or other public works
shall not be planted closer than fifteen feet to such public works,
unless the tree root system is completely contained within a
barrier for which the minimum interior containing dimensions
shall be five feet square and five feet deep and for which the
construction requirements shall be four inch thick, reinforced
concrete.
(3) Prohibited trees. Shall be those currently listed in Appendix E
of the Dublin Planning and Zoning Code.
(4) Evergreen trees. Evergreen trees shall be a minimum of five feet
high with a minimum caliper of one and one-half inches
immediately after planting.
(5) Shrubs and hedges. Shall be at least two feet for Section
153.133(a)(5), and three feet for Section 153.133(a)(4), in
minimum height when planted and shall conform to the opacity
and other requirements within four years after planting.
(6) Vines. Shall be at least twelve or fifteen inches high at planting,
and are generally used in conjunction with walls or fences.
(7) Grass or ground cover. Grass of the fescue (Gramineae) or
bluegrass (Poaceae) family shall be planted in species normally
grown as permanent lawns in Central Ohio, and may be sodded
or seeded; except in swales or other areas subject to erosion,
where solid sod, erosion reducing net, or suitable mulch shall be
used, nurse-grass seed shall be sown for immediate protection
until complete coverage otherwise is achieved. Grass sod shall be
clean and free of weeks and noxious pests or diseases. Ground
cover shall be planted in such a manner as to present a finished
appearance and seventy-five percent (75 %) of complete coverage
after complete growing seasons, with a maximum of eight inches
on center. In certain cases, ground cover also may consist of
rocks, pebbles, sand and similar approved materials.
+~....
(d) Maintenance and Installation. All landscaping materials shall be
installed in in accordance with accepted, good construction and planting
procedures. The owner of the property shall be responsible for the
continued proper maintenance of all landscaping materials, and shall keep
them in a proper, neat and orderly appearance, free from refuse and
debris at all times. All unhealthy or dead plant material shall be replaced
within one year, or by the next planting period, whichever comes first;
while other defective landscape material shall be replaced or repaired
within three months. Violation of these installation and maintenance
provisions shall be grounds for the Planning Division to refuse zoning
compliance or institute legal proceedings. (Ord. 13-81. Passed 5-18-81.)
(e) Pruning and Growth Inhibitors. Landscaping materials used to fulfill
code requirements, or conditions of approval, as authorized by City
Council, Planning and Zoning Commission, Board of Zoning Appeals,
Architectural Review Board or other appropriate body may not be pruned
or otherwise treated so as to reduce overall height or level of opacity
required. Landscape materials are intended to grow, spread and mature
over time; and pruning and other inhibiting measures including removal
may only be practiced to insure the public safety, to maintain a neat and
attractive appearance and to preserve the relative health of the material
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Ordinance No. -46-9~-AMENDED) Passed - -- -- -- ------------------------ -- -19 ----
involved. The use of growth inhibitors is not permitted to be used on any
plant material used to fulfill code requirements or conditions of approval.
(Ord. 88-89. Passed 11-6-89.)
(f) Any individual found violating Section 153.135 shall be guilty of a
misdemeanor of the second degree per tree or other planting.
153.136 PLAN SUBMISSION AND APPROVAL.
Whenever any property is affected by these landscape requirements, the property
owner or developer shall prepare a landscape plan for submittal to the Planning Director
or designee for review.
(a) Landscape Plan Content. The contents of the landscape plan shall
include the following:
(1) Site plan, drawn to an easily readable scale no smaller than one
inch equals twenty feet; showing and labeling by name and
dimensions, all existing and proposed property lines, easements,
building and other structures, vehicular use areas including
parking stalls, driveways, service areas, square footage, etc.
locations of structures on adjoining parcels, water outlets and
landscape material, including botanical name and common name,
installation size, on center planting dimensions where applicable,
and quantities for all plants used and all existing trees;
(2) Typical elevations and/or cross sections as may be required;
(3) Title block with the pertinent names and addresses, property
owner, person drawing plan, scale, date, north arrow, generally
orient plan so that north is to top of plan and zoning district.
(4) Site grading with a minimum of one-foot contour intervals must
be included.
(b) Building Permit and Certificate of Occupancy. Where landscaping is
required, no building permit shall be issued until the required landscaping plan has been
submitted and approved and no certificate of occupancy shall be issued until the
landscaping is completed as certified by an on-site inspection by the Planning Division,
unless a performance bond, or irrevocable letter of credit from a banking institution, has
been posted. If the required landscaping has not been completed and a temporary
certificate of occupancy is issued, a performance bond or irrevocable letter of credit
from a banking institution shall be posted at that time.
(c) Posting of Bond or Irrevocable Letter of Credit. After a bond or
irrevocable letter of credit has been posted, the landscaping material required in the
approved landscaping plan shall be installed within six months after the date of posting
the bond or irrevocable letter of credit. A one-month extension of the planting period
may be granted by the Planning Division upon a demonstration by the property owner
or developer that such an extension is warranted because of adverse weather conditions
or unavailability of required plant materials. No more than three such one-month
extensions may be granted. Foreclosure proceedings shall be brought against the
performance bond or irrevocable letter of credit if the required landscaping plans have
not been complied with by the end of the approved planting period. (Ord. 13-81.
Passed 5-18-81.)
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153.137 PLANTING MANUAL.
Developers are requested to refer to the Planting Manual and Plant List, which
are available at the offices of the Dublin Planning Division for minimal requirements to
use as guidelines in meeting the provisions of this chapter. (Ord. 42-88. Passed 6-6-88).
153.138 VARIANCES.
Any landscape plan submitted to, and disapproved by, either the Planning
Director or the Dublin Planning and Zoning Commission may be appealed according to
the procedure provided for in Section 153.235 for appeal from decisions of
administrative officers and the Planning and Zoning Commission.
(a) Reviewing Variance Requests. The Board of Zoning Appeals in its
review of the recommendations on variance requests, shall base its
recommendations on all of the following criteria:
(1) The specific conditions in detail which are unique to the
applicant's land, and do not exist on other land within the same
zone.
(2) The manner in which the strict application of the provision of this
chapter would deprive the applicant of a reasonable use of the
land in the manner equivalent to the use permitted other
landowners in the same zone.
(3) The unique conditions and circumstances are not the result of
actions of the applicant subsequent to the adoption of this chapter.
(4) Reasons that the variance shall preserve, not harm the public
safety and welfare, and shall not alter the essential character of
the neighborhood.
(5) In any event Council may, upon request of any aggrieved party
after the appeal as herein provided, review the decisions of the
Planning Commission or administrative officer and modify such
decision in any manner not consistent with this section so as to
prevent undue hardship or inconsistency.
(b) Recording. Whenever the Board of Zoning Appeals makes a
recommendation, such recommendation shall be forwarded to the Planning Commission,
the Dublin Tree and Landscape Advisory Commission, the Division of Building
Standards, and the Clerk of Council's office and properly described in the committee's
minutes. (Ord. 13-81. Passed 5-18-81.)
153.159 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, fum, 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 structure" means a use or structure subordinate to the
principal use or building on a lot and serving a purpose customarily
incidental thereto.
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(b) "Epiphytotic" means the sudden and destructive development of a plant
disease, usually over large areas. Corresponds to an epidemic of a
human disease.
(c) "Interior landscaping" means the use of landscape materials within the
innermost boundaries of the landscape buffer zone and perimeter
landscaping.
(d) "Large tree" means any tree species which normally attains afull-grown
height equal to or greater than fifty feet.
(e) "Medium tree" means any tree species which normally attains afull-
grown height of between thirty and fifty feet.
(f) "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.
(g) "Parking area or structure" means anoff-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.
(h) "Pazking lot or structure" means anoff-street azea or structure, other than
the parking or loading spaces or azeas required or permitted under this
section for the parking of automobiles and available to the public
customarily for a fee.
(i) "Perimeter landscape buffer zone" means that area adjacent to any
vehicular use area or along common boundazies in which the perimeter
landscape requirements are to be met.
(j) "Perimeter landscaping" means the use of landscape materials within the
perimeter landscape buffer zone to achieve the required opacity.
(k) "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.
(1) "Service structures". See Sections 153.133 and Section 153.077.
(m) "Small tree" means tree species which normally attains afull-grown
height of under thirty feet.
(n) "Treelawn" means that part of a street not covered by sidewalk, bikepath,
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.
(o) "Vehiculaz use azea" means any open or unenclosed azea containing more
than 1,800 squaze feet of area and/or used by six or more of any type of
vehicle, whether moving or at rest, including, but not limited to, parking
lots, loading and unloading areas, mobile home parks, and sales and
service areas. Driveways are considered to be vehicular use areas.
(Ord. 08-91. Passed 7-15-91.)
153.077 SCREENING OF SERVICE STRUCTURES.
Service structures shall be screened in all zoning districts. For the purposes of this
section, service structures shall include but not be limited to loading docks, storage
tanks, dumpsters, electrical transformers, utility vaults which extend above the surface,
cooling towers, roof top units and other equipment or elements providing service to a
building or a site. Structures may be grouped together; however, screening height shall
be based upon the tallest of the structures. Roof top mechanical units must be screened
to the full height of the unit.
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(a) 5creeting requirements. A continuous (having 100 percent opacity)
planting, hedge, fence, wall of earth, which would enclose any service structure on all
sides is required, unless such structure must be frequently moved, in which case
screening on all but one side is required. The height of the screening material shall be
one foot more than the height of the enclosed structure, but shall not be required to
exceed 12 feet in height. Whenever a service structure is located next to a building wall,
perimeter landscaping material or vehicular use area landscaping material, such walls or
screening material, may fulfill the screening requirement for that side of the service
structure if that wall or screening material is of sufficient height to meet the height
requirement set out in this section. Plant material used to screen a service structure shall
be an evergreen species which retains its needles throughout the year. Deciduous plant
material cannot be used to fulfill this screening requirement. The height of the
evergreen plant material at installation must be equal to, or greater than, two-thirds of
the height of the service structure(s), and meet the height and opacity requirements
within four years. No interior landscaping shall be required within an area screened for
service structures.
(b) Curbs to protect screening material. Whenever screening material is
placed around any trash disposal unit or waste collection unit which is emptied or
removed mechanically on a regularly occurring basis, a curb to contain the placement
of the container shall be provided within the screening material on these sides where
there is such material. The curbing shall be at least one foot from the material and shall
be designed to prevent possible damage to the screening when the container is moved or
emptied.
Section 5 That this Ordinance shall take effect and be in force from and after the
earliest period allowed by law.
Passed this ~~~ day of , 199
~.~
- Presiding Officer
Attest:
~~~~~ ~ ~
Clerk of Council
i.~. Sponsor: Planning Division
I hereby *.ertify that copies of this Ordinance/Aeselulian were posted In the
City of Dublin in accordance wits Section 731.25 of the Ohio Revised Code.
6
~f Clerk o Cou ' ,Dublin, io