95-96 Ordinance AMENDED
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RECORD OF ORDINANCES
Dayton Legal Blank Co, Form No. 30043
Ordinance No,_~~:-9JL(Am~g~ed) passedn nn _nm _m_m_n.n._n.. __ n_mnm19 __ 00.._1
AN ORDINANCE AMENDING SECTIONS 152 AND 153 OF THE
PLANNING AND ZONING CODE TO PROVIDE FOR TREE PRESERVATION
[ WHEREAS, periodic amendments to the Codified Ordinances of the City of Dublin are
necessary to accommodate the needs and desires of the community, to protect the health,
safety and welfare of the residents; and to promote the aesthetic appeal, character and value
of the neighborhoods; and
WHEREAS, the City of Dublin strives to provide its citizens with an open natural
environment; and
WHEREAS, the 1997 Community Plan recommends adopting strong tree preservation
standards that protect existing wooded areas and require sensitive development practices; and
WHEREAS, regional retail centers add significant traffic to the existing infrastructure; and
WHEREAS, the City of Dublin has been designated as a "Tree City" since February 1988,
as a result of its efforts to provide and preserve trees and greenspace; and
WHEREAS, the City of Dublin could greatly improve its effectiveness in tree preservation
within the planning, development, and inspection processes; and
WHEREAS, the Tree and Landscape Advisory Commission has reviewed and
~ recommended approval of this ordinance on June 15, 1998; and
..... WHEREAS, the Planning and Zoning Commission has reviewed and recommended
approval of this ordinance on September 17, 1998;
NOW, THEREFORE, BE IT ORDAINED by the Council ofthe City of Dublin, State of
Ohio, ~ of the elected members concurring:
SECTION 1. That the following be adopted as a new Section in the Dublin Codified
Ordinances:
TREE PRESERVATION
Section
153,140 Tree Preservation Requirements
153,141 Definitions
153.142 Pre-Construction Activities
153.143 Tree Removal Permit
153.144 Tree Preservation Plan
153,145 Construction Activities
153.146 Tree Replacements
153.147 Emergencies
153,148 Penalties
- 153.149 Appeals
... 153.140 TREE PRESERVATION REQUIREMENTS
(A) Purpose. The purpose of this chapter is to conserve and protect to the greatest
extent possible the City's existing trees, wooded areas, and fence rows; to enhance and
promote the community image; to enhance and preserve economic property values and the
quality oflife in the City of Dublin; to aid in the alleviation of erosion, siltation, and other
harmful effects of land disturbing activities; to aid in controlling the quantity and intensity
of stormwater runoff; to alleviate air pollution and non-point source water pollution; to
conserve energy; to protect and promote the use of existing vegetation as noise and visual
buffers; to preserve the environmental and ecological benefit of trees on air pollution and
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carbon dioxide levels as well as dust filtration; to reduce energy consumption through the
wind break and shade effects of trees when they are properly placed on a site; to preserve and
enhance nesting areas for birds and other wildlife and to preserve movement corridors for
...... wildlife; and to promote the public health, safety, and welfare through the preservation and
replacement of trees while allowing for the reasonable development of lands in such a
manner that implements the stated goals, objectives, policies and standards ofthe City of
....... Dublin.
(B) Applicability.
(1) This ordinance applies to trees which have a minimum six-inch diameter
breast height (DBH), hereinafter known as protected trees, on all public and private
properties, in all zoning districts, On lots containing no more than one detached single-
family dwelling, Section 153,146, "Tree Replacements," shall apply only to those areas of
the single-family lot designated as a "No Build Zone/No Disturb Zone" and/or "Tree
Preservation Zone." All other Sections ofthis ordinance shall be applicable to single-family
residential lots,
(2) This tree preservation ordinance shall not apply to sites which have
previously approved final development plans, final plat, or a certificate of zoning compliance
or other similar final approval by the City prior to the date this provision takes effect.
SECTION 153.141 DEFINITIONS
For the purposes of this chapter, the following definitions shall apply unless the
context clearly indicates or requires a different meaning.
...... AGGREGATE DIAMETER. The combined diameter of a multiple trunk tree measured
at breast height (See diameter breast height),
...... BUILDING ACTIVITY AREA. The area of a lot in which construction and building
activities are to be limited and hence shall be the smallest possible area of a lot or parcel of
land within which building activity may take place, including the entire area affected by
building and grading activities related to the proposed construction, to be determined with
maximum regard for existing trees.
CALIPER. The diameter of a tree trunk six inches above the existing grade or proposed
planted grade, This measurement is used for nursery-grown trees.
CRITICAL ROOT ZONE. The area inscribed by an imaginary line on the ground beneath
a tree having its center point at the center of the trunk of the tree and having a radius equal
to one foot for every inch of diameter breast height.
DIAMETER BREAST HEIGHT (DBH). The diameter of a tree measured at four and one- I
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half feet above the existing grade at the base of the tree, This measurement is used for
existing forest trees,
NO BUILD ZONE (NBZ). An area designated on a subdivision plat which shall remain
free of any structures including, but not limited to, drives, walks, buildings and outbuildings,
- sheds, fences, swimming pools, decks, swing sets/play structures, satellite dish antennae,
basketball courts, etc, Nothing herein shall prohibit overlot grading and drainage facilities
..... and utility lines and utility structures within said No Build Zones,
NO DISTURB ZONE (NDZ). An area designated on a subdivision plat which shall remain
free of any structures including, but not limited to, drives, walks, buildings and outbuildings,
sheds, fences, swimming pools, decks, swing sets/play structures, satellite dish antennae,
basketball courts, etc. The existing natural features shall not be disturbed, removed, or
physically altered unless written permission is granted by the Planning Director or designee,
Grading activities and placement of utilities within said zones are not permitted unless
written permission is granted by both the Planning Director and the City Engineer or
designees. Utilities may cross at right angles to the said zones or run outside and parallel it.
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RECORD OF ORDINANCES
Dayton Legal Blank Co, Form No. 30043
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PROTECTED TREE. A protected tree is any tree having a diameter of six inches DBH
or larger or having an aggregate diameter of 15 inches DBH or larger or a tree which has
been designated by the City to be of high value or interest to the City because of its location
,...... or historic association, or other professional criteria,
REMOVE OR REMOVAL. The causing or accomplishing of the actual physical removal
..... of a tree, or the effective removal through damaging, poisoning, or other direct or indirect
action resulting in, or likely to result in, the death of a tree,
TREE. Any self-supporting woody plant together with its root system, growing upon the
earth usually with one trunk, or multi-stemmed trunk system, supporting a defInitely formed
crown,
TREE PRESERVATION AREA. The area ofa parcel of land in which all trees shall be
protected during all phases of construction,
TREE PRESERVATION PLAN. A proposal which includes a tree survey and a written
plan with text and/or graphic illustrations indicating the methods which are to be used to
preserve existing trees during construction, and methods for ongoing maintenance, including
fertilizing and pruning.
TREE PRESERVATION ZONE. An area designated on a subdivision plat with
restrictions noted regarding the removal of trees.
TREE REMOV AL PERMIT. The permit required by this Section to be issued in order to
...... remove any protected tree within the corporate limits of the City.
'-- TREE SURVEY. A graphic display drawn to scale, not to exceed 1 "=50', showing all
existing trees on a site with a six-inch DBH or greater. The tree survey shall include species,
conditions, and contain the outline of the critical root zone of each such tree.
153.142 PRE-CONSTRUCTION ACTIVITIES
(A) General Regulations. Prior to any construction activities on a site containing protected
trees, a tree preservation plan including a tree survey, and a tree removal permit (if
applicable) must be submitted to the City forreview and approval. (Refer to Section 153,134
for Street Tree and Public Tree Requirements,)
(B) Site Layout and Design. All reasonable efforts shall be undertaken in the architectural
layout and site engineering design of the proposed development to preserve existing
protected trees.
(1) It shall be required that building(s), driveway(s), sidewalks, bikepaths,
stormwater management facilities, and parking areas be designed in such a way as to avoid
unnecessary removal of protected trees,
(2) The required drainage and grading plan, including stormwater management
...... facilities, shall be developed in such a way as to avoid removal of protected trees in the tree
preservation area thereby causing risk of loss through change in grade or moisture,
....
(3) Proposed placement of all utility service lines shall be shown on the tree
preservation plan, Every effort shall be made to protect existing protected trees during the
placement of utility service lines including augering and/or jacking as opposed to open
cutting as appropriate. A copy of the tree preservation plan and this ordinance shall be
submitted at the preliminary plat stage by the applicant to the appropriate public utilities in
order to alert said public utilities to the proposed placement of the utility service lines.
(4) Landscape planning shall include the preservation of existing healthy
protected trees.
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RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No, 30043
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(5) Every effort shall be made during architectural and site engineering layout and
design, including grading and utility placement, of the proposed development to preserve
protected trees on adjacent parcels through sensitivity to the critical root zones of said
....... protected trees, The critical root zones of protected trees on adjacent parcels shall be
carefully reviewed and consideration given during the preparation of the tree preservation
plan.
.......
153.143 TREE REMOVAL PERMIT
(A) Issuance, No person shall remove, injure, destroy, disturb, or undertake any procedure
which is likely to cause the death or substantial destruction of any protected tree without first
procuring a tree removal permit from the City, Tree removal permits authorizing the
removal of a protected tree may be issued by the Planning Director or designee for the
following reasons:
(1) The tree is dead or dying;
(2) The tree is affected with any injurious disease, fungus, insect or other pest;
(3) The tree is damaged or injured to the extent that it is likely to die or become
diseased; or constitutes a hazard to persons or property,
(B) Receipt of Tree Removal Permit, Upon receipt of a tree removal permit, the permittee:
(1) May remove the tree(s) as provided in the permit;
......
(2) Shall replace the protected tree removed if it was damaged or injured by other
IiIlooiI than natural causes;
(3) Shall replace the protected tree (as outlined in Section 153,146) if it was
removed without a tree removal permit, or there is a violation of the tree removal permit;
(4) Is encouraged to replace the protected tree if it was diseased, dead or dying
from natural causes;
(5) Is encouraged to replace the protected tree on a single-family lot if it is
removed from outside the No Build Zone, No Disturb Zone, or Tree Preservation Zone~
(C) Application for Tree Removal Permit. The application for a tree removal permit shall
contain:
(1) Name and address of applicant;
(2) Address of property where protected tree(s) sought to be removed is located;
(3) A written statement indicating the reason for removal ofthe protected tree(s);
- (4) Name and address of contractor or other person who is proposed as having
responsibility for tree removal;
....
(5) A tree preservation plan in conformance with the requirements of Section
153,144;
(6) A tree survey, drawn to a scale of not less than 1 "=50', showing the location,
size, and critical root zone or 15 feet whichever is greater, of all trees with a diameter breast
height of six inches or greater which will be impacted by the construction activity. For sites
on which development activity is to occur on less than the entirety of the site, the City may
provide that the tree survey exclude those portions of the site which it determines will not
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RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No, 30043
Ordinance No,9_S.::9JdAJJlended) P asseduu_u .u_u u____u_____nn__'nu'__ __u__nn19 n_'____
be affected by the development activities. The tree survey shall also include a listing of the
species and condition of each tree;
~ (7) A report from a certified arborist if required by the City; and
.... (8) A tree removal permit fee as determined by Section 35,83 of the Codified
Ordinances of the City of Dublin.
(D) Certificate of Zoning Compliance. A certificate of zoning compliance shall not be
issued unless the tree survey and tree preservation plans have been submitted and approved
by the City, No work shall begin on the site until the site has been inspected by the City for
compliance with the tree preservation plan, including installation of protective fencing and
tree preservation signage. In the event that work is started without the City inspection, a re-
inspection fee, as determined Section 35,83 of the Dublin Codified Ordinances, will be
collected for each re-inspection,
153.144 TREE PRESERVATION PLAN
(A) Tree Preservation Plan. A tree preservation plan which includes a tree survey shall be
filed in connection with the following projects: excavation, earth moving, demolition, road
widening, road construction, road extensions, parking lots, utility service lines, utility
structures, bikepaths, sidewalks, the construction of new buildings, the construction of
building additions, the construction of detached accessory buildings. The tree preservation
plan and tree survey shall be filed prior to the commencement of any construction activities,
including clearing and grading, and must be approved by the City. All structures and
...... construction activity shall be located upon a parcel ofland in such a way as to minimize tree
damage and/or removal, consistent with the various setback requirements of the Zoning Code
..... of the City and consistent with standard engineering practices for the design of public and
private utilities, and with established erosion and sedimentation control practices, and
consistent with the City's stormwater management regulations. The tree preservation plan
shall specify the following:
(1) Tree preservation area and building activity area on the parcel of land;
(2) Tree survey to be drawn to a suitable scale, not to exceed 1 "=50 feet, showing
all existing trees on the site with a six-inch diameter breast height or greater. The tree survey
shall indicate the location, species, the condition, and the outline of the critical root zone or
15 feet whichever is greater;
(3) The location of all protective fencing;
(4) Location of all utility lines;
(5) Site Grading;
(6) Specified locations for ingress, egress, operation and parking of all
construction vehicles and equipment, and storage of solvents, hazardous materials, and soil
- and material stockpiles;
-- (7) Specified locations for all clearing, grubbing, grading and excavation;
(8) Other measures such as construction pruning and root pruning of trees directly
impacted by construction must also be indicated on the plan or on an accompanying sheet
and approved by the City, Pruning shall be performed in accordance with International
Society of Arboriculture Standards; and
(9) Short term and long term maintenance plans.
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RECORD OF ORDINANCES
Dayton Legal Blank Co, Form No, 30043
Ordinance No,_9_5_-:2(UAJIlellded) P assedu_ __ __.. _____ _____ _ u_ u,__....____u___ _ _ nn _ _ _ _19 _ ,_ __ ___
153.145 CONSTRUCTION ACTIVITIES
(A) Protective Fencing. The owner shall be responsible for the construction, erection, and
...... maintenance of temporary fencing or other physical barrier around the tree preservation areas
so that all protected trees shall be preserved, The fencing or other protective barrier must be
..... located a distance from the trunk that equals, at a minimum, the distance of the critical root
zone or 15 feet whichever is greater, unless otherwise approved by the Planning Director or
designee. The fencing or other physical barrier must remain in place and be secured in an
upright position during the entire construction period to prevent impingement of construction
vehicles, materials, spoils, and equipment into or upon the tree preservation area. Tree
protection signs, available from the Division of Planning must be located along the fencing,
Any change in the protective fencing must be approved by the Planning Director.
(B) Tree Preservation Plan, The approved tree preservation plan shall be available on the
building site before work commences and at all times during construction of the project. The
owner shall be responsible for notifying all contractors and utilities involved with a given
project of the tree preservation plan.
(C) Construction Measures. During all phases of construction, all steps necessary to prevent
the destruction or damage to protected trees (other than those specified to be removed) shall
be taken, including, but not limited to the following:
(1) No construction activity, movement and/or placement of equipment, vehicles,
or materials or spoils storage shall be permitted within the tree preservation area. No excess
soil, additional fill, liquids, or construction debris shall be placed within the critical root zone
....... of any tree that is to be preserved;
...... (2) All required protective fencing or other physical barrier must be in place
around the tree preservation area and approved by the City prior to the beginning of
construction, including site clearing, The fencing or other protective barrier must be located
a distance from the trunk that equals, at a minimum, the distance of the critical root zone or 15
feet whichever is greater, unless otherwise approved by the Planning Director or designee,
The fencing or other physical barrier must remain in place and be secured in an upright
position during the entire construction period to prevent impingement of construction vehicles,
materials, spoils, and equipment into or upon the tree preservation area, Any change in the
protective fencing must be approved by the Planning Director;
(3) No attachments, including but not limited to, ropes, nails, advertising posters,
signs, fences or wires (other than those approved for bracing, guying or wrapping) shall be
attached to any trees;
(4) No gaseous liquids or solid substances which are harmful to trees shall be
permitted within the tree preservation area;
(5) No fire or heat shall be permitted within the tree preservation area;
(6) Unless otherwise authorized by the tree removal permit, no soil is to be
- removed from or placed upon the critical root zone of any tree that is to remain; and
.... (7) All utilities, including service lines, shall be installed in accordance with the
tree preservation plan, Public utilities which have been notified of the tree preservation plan
in accordance with Section 153, 142(B)(3) herein shall be responsible for adhering to said tree
preservation plan during installation of necessary utility service lines, Every effort shall be
made to protect existing protected trees during the placement of utility service lines including
augering and/or jacking as opposed to open cutting as appropriate,
(D) Compliance. It shall be unlawful for any person, firm or corporation, including public
utilities, to fail to abide by the terms of any tree preservation plan or tree removal permit issued
by the City, If, in the opinion of the City, the necessary precautions as specified in the tree
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Dayton Legal Blank Co. Form No. 30043
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preservation plan were not undertaken before construction commenced or are not maintained
at any time during construction, a stop work order will be issued by the City until such time
as the permittee complies with these precautions.
.......
153.146 TREE REPLACEMENTS
.......
(A) Replacement Trees. The total number of caliper inches of replacement trees for a site
shall equal or exceed the combined diameter of the protected tree( s) removed. All replacement
trees should be of a deciduous species which is indigenous to the region and shall be made
with new trees of not less than two and one-half inches caliper, Replacements shall be made
within one year of the date of the removal of any trees for which such replacement is required,
All replacement trees shall otherwise conform to Section 153.135(C) of the Landscape Code,
(B) Replacement Fee. In the event the Planning Director or designee determines that full
replacement would result in the unreasonable crowding of trees upon the lot, a fee equivalent
to the cost of the excess aggregate caliper shall be paid into the City's General Fund to be used
for reforestation on public property. The fees collected under this Section shall be deposited
with the Department of Finance to the credit of the General Fund, The fees required to be paid
by this section shall be used solely for the planting of trees on publicly owned property. The
municipality shall expend additional funds for tree removal and/or tree pruning from other
funds. This fee shall be reviewed annually as part of the Fee and Service Charge
Revenue/Cost Comparison System,
(C) Tree Replacements on Developed Single-family Residential Lots. Tree replacements will
....... not be required on single-family residential except when a protected tree has been removed
from a No-Build ZonelNo Disturb Zone and/or Tree Preservation Zone, In the event that a
...... protected tree is removed from a No-Build ZonelNo Disturb Zone and/or Tree Preservation
Zone, the total number of caliper inches of replacement trees shall equal or exceed the
combined diameter of the protected tree(s) removed. All replacement trees should be of a
deciduous species which is indigenous to the region and shall be made with new trees of not
less than two and one-half inches caliper. In the event the Planning Director or designee
determines that full replacement would result in the unreasonable crowding of trees upon the
lot, a fee equivalent to the cost of the excess aggregate caliper shall be paid into the City's
General Fund, It is to be used for reforestation on public property. Replacements shall be
made within one year of the date of the removal of any trees for which such replacement is
required, All replacement trees shall otherwise conform to Section 153,135(C) of the
Landscape Code.
(D) Replacement Plan. Tree replacements shall be indicated on a plan, drawn to a scale of
not less than 1 "=50', which includes the proposed location and a plant list to include quantity,
species, installation size, and total replacement caliper inches, This plan shall be approved by
the Planning Director or designee.
(E) All replacements shall be installed and maintained in accordance with Section 153,135 of
the Landscape Code,
.......
SECTION 153.147 EMERGENCIES
.....
(A) In order to avoid danger or hazard to persons or property, during emergency conditions
requiring the immediate cutting or removal of a protected tree(s), a tree removal permit will
be issued by the City without formal application,
(B) In the event of such an emergency, it shall be lawful to proceed with the cutting of the tree
or trees to the extent necessary to avoid immediate danger or hazard, In such event the person
causing the cutting shall report the action taken to the Planning Director or designee within 48
hours thereof.
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RECORD OF ORDINANCES
Dayton Legal Blank Co, Form No, 30043
Ordinance No,_2S:-9,6_!Ame.nded) P assed_______ .o____ _n'_____________________,. __________19 _______.
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153.148 PENAL TIES I
Violation of this ordinance shall constitute a fourth degree misdemeanor punishable I
~ per day per occurrence. Nothing herein shall prevent the City from taking such other lawful
action, including civil actions at law or equity, including temporary restraining orders,
.1.... preliminary injunctions and permanent injunctions, as is necessary to prevent or remedy any
violations, A separate and distinct violation shall be deemed to have occurred for each
protected tree unlawfully removed and/or not replaced in violation of any of the Sections
aforesaid,
153.149 APPEALS
Any aggrieved property owners may appeal in writing to the Board of Zoning Appeals
any decision made by the City staff under the provisions of Section 153.234. Such appeal
must be filed in accordance with all Code provisions,
SECTION 2.
That Section 153.133(d)(1) be amended to read as follows:
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, (Refer to Sections 153,140 through 153,149 Tree Preservation.)
,.....
SECTION 3.
a....
That existing Section 153.133(d)(2) be deleted,
SECTION 4.
That Section 152.018 of the Subdivision Regulations be amended by adding an
additional SubsectioIl (C)(5), to read as follows:
(5) Tree Preservation Plan. In addition to all other required submissions called for
hereinabove, the application for preliminary plat approval shall be accompanied by a Tree
Preservation Plan as more specifically described in Section 153,144 of the Dublin Codified
Ordinances.
SECTION 5.
That this Ordinance shall take effect and be in force from the earliest period allowed
by law.
,1998,
......
...... i '.. .'.. ".." ","f ul!1ie~ of this Ord:nance/Resolution wnre no<;k~ 'Ii
~ C'" J'f " "'/l.dOf1<e wJh Seclion 731.25 of the (}',:o F.evised Code.
Attest: .__' . '--X ~ /1 L.
~_ C!..... ~.sSt.rlf\ . ..r (,-,"wl I)"hlin. Ohio
Clerk of Council
Sponsor: Planning Division
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