AN ORDINANCE TO AMEND CHAPTER 909 OF THE CODIFIED ORDINANCES OF GRANVILLE, OHIO, ESTABLISHING POLICIES, PROCEDURES AND REGULATIONS FOR THE MAINTENANCE, CARE, AND REMOVAL OF TREES WITHIN THE PUBLIC RIGHT OF WAY.
Whereas, the Council of the Village of Granville has determined that it is necessary to amend the ordinances of the Village which relate to the maintenance, care, and removal of trees within the public right of way. Now, therefore:
Be it Ordained by the Council of Granville, Ohio, that:
Section 1. Existing Sections 909.01, 909.02, 909.03, 909.04, 909.05, 909.07 and 909.99 of the Codified Ordinances of the Village of Granville shall be amended, and new Sections 909.02, 909.05, 909.11 and 909.12 shall be enacted to read as follow:
909.01 PURPOSE & INTENT
The Village of Granville lies in a valley and foothill landscape. Over time, many trees have grown or been planted by residents in the community. These trees, native and imported, provide beauty and protection from summer heat, increase property values, enhance community pride, preserve wildlife habitat, reduce air and noise pollution, and reduce soil erosion. Granville has earned the designation, "Tree City USA", in recognition of the Village’s unique stewardship of this vital resource. Accordingly, the Village has determined that it is necessary for the public health and welfare to conserve tree resources by protecting trees from unnecessary destruction or removal, and encouraging the replacement of trees lost to disease, natural hazards, or human intervention. The Village has also determined that street trees, park trees, and other trees on public lands contribute to the quality of life in the community. Chapter 909, Trees, Shrubs and Maintenance, provides for the improvement and maintenance of the appearance and safety of and the protection, preservation, and promotion of the aesthetic appeal, character and value of the Village of Granville. The intent of this ordinance is to establish mechanisms and policies for maintaining public trees in good health, protecting public trees from unnecessary removal, and replacing public trees so that the community may continue to enjoy the many benefits associated with trees.
The following definitions are only for the purposes of this Chapter.
(a) "Large tree" means any tree species, which normally attains a full-grown height equal to or greater than fifty feet.
(b) "Medium tree" means any tree species, which normally attains a full-grown height of between thirty and fifty feet.
(c) "Small tree" means tree species, which normally attains a full-grown height of under thirty feet.
(d) "On-site landscaping" means the use of landscape materials within the innermost boundaries of the property.
(e) "Trunk caliper" means the diameter of the tree as measured eighteen inches above the ground.
909.03 PROPERTY OWNER RESPONSIBLE FOR REMOVAL OF TREE ON PRIVATE PROPERTY.
The owner of any real estate within the Municipality shall be responsible for the removal of any trees located on the owner's property, excluding public right of way. If all or any portion of a tree on an owner's property is deemed unsafe or otherwise undesirable and overhangs a street or public property, the Manager or the Manager’s designee may notify the owner in writing to remove that tree or portion thereof. If the owner does not comply within fifteen days after receipt of such notice, the Municipality may cause to be removed all, or the endangering portion of such tree, and assess the cost to the owner.
909.04 REMOVAL OF TREES WITHIN A PUBLIC RIGHT OF WAY; NOTICE; APPEAL.
(a) Any tree and/or portion thereof located within the public right of way shall be caused to be removed by the Municipality after notification to the abutting and adjacent property owners as provided in this Section that retention of the tree or portion thereof is deemed by the Municipality to be unsafe or not in the public interest. Any such removal shall be accomplished by the Municipality or its agents at the sole expense of the Municipality, and the Municipality shall determine the method of disposing of the cut wood, which wood shall be the property of the Municipality
(b) Notification. Unless the Village Manager should decide that immediate removal of a tree is required to protect the public health, safety, and welfare, the Manager or the Manager’s designee shall notify abutting and adjacent property owners and/or residents within one hundred (100) feet, as measured along the street frontage, of the proposed tree removal. Notice to the abutting property owner(s) shall be given by the Manager or the Manager’s designee in writing, while notice to the other adjacent property owners and/or residents shall be through postcards or door-hangings that include appropriate contacts for obtaining further information.
(c) Appeal. Any property owner or resident to whom notice is provided by this Section may object in writing to the proposed removal of the tree identified in the notice and request a hearing before the Village Manager or the Manager’s designee. The written objection shall be delivered to the Village Manager within ten (10) days after notice of the proposed removal was first given by the Village staff.
(d) Hearing. The Village Manager or the Manager’s designee shall reconsider the decision to remove the tree and shall evaluate the information from the property owners, affected residents, and the Village Service Department in light of the criteria for removal. The Village staff shall inform the objecting property owners or residents, either orally or in writing, of the determination of the Village regarding the tree after such reconsideration and shall provide the reasons supporting such determination. The Village staff shall use reasonable efforts and methods to provide notice of such determination before any removal of the tree, if removal is the final determination.
909.05 TREE REMOVAL CRITERIA
(a) Tree Removal Criteria. Loss of trees results in less shade, increased negative impacts due to air and noise pollution, reduced wildlife habitat, and a less attractive community. It is the intent of the Village to protect the quality of life in the community by encouraging the conservation of tree resources. Therefore the following criteria have been established for evaluating whether a tree in the public right of way should be removed.
(1) The tree is dead.
(2) The tree is deemed hazardous, when the hazardous condition cannot be corrected through pruning or other reasonable arboricultural practices.
(3) Persistent and uncontrollable insect, disease or fruiting problems.
(4) The frequency and extensiveness of the tree’s maintenance.
(5) The proximity and quality of trees near to the one considered for removal.
(6) The extent and frequency of damage the tree is causing to surrounding infrastructure such as sidewalks, streets, sewers, etc.
(7) The feasibility and timeliness in which a replacement tree will be planted.
(8) The amount of space allowable for tree growth.
909.06 MANAGER'S PERMISSION TO PLANT, REMOVE, TRIM, TOP OR TREAT TREES.
(a) No tree located on public property or on a public right of way shall be planted, removed, topped, trimmed or treated without first obtaining a written permit from the Manager or the Manager’s designee. If any tree is removed, treated or trimmed as provided in this section at the expense of the abutting property owner, then such wood shall be the property of the abutting property owner. The property owner shall promptly remove or cause to be removed all wood from the public property or public right of way based upon recommendations from the Municipality.
(b) The Village Manager may condition the granting of a permit upon the payment of compensation for the tree removed, as reasonably determined by Village Manager, and/or the replacement of the tree removed by the planting of one or more trees of a specie and in a location approved by the Village Manager upon recommendation by the Tree and Landscape Commission.
909.07 BREAKING OR INJURING TREE IN PUBLIC WAY.
No person, firm or corporation shall move, remove, destroy, break, cut, deface, trim or in any way injure or interfere with any tree or shrub growing in any public way of the Municipality except by written permit of the Manager or the Manager’s designee. Nothing in this section shall be construed to apply to the removal under the direction of the Municipality of any root, tree, shrub or part thereof whenever the removal shall be found necessary in the construction of any sidewalk, sewer, pavement or other public improvement.
909.08 ATTACHING SIGN OR WIRE PROHIBITED.
No person, firm or corporation shall fasten or attach any wire, rope, sign, handbill or other thing to any tree or shrub growing in any public way.
909.09 UTILITY PIPES AND WIRES AND CONSTRUCTION NOT TO INJURE TREE OR SHRUB.
(a) Any person or company maintaining any gas pipe, communication cable, electric or telephone wire in the Municipality shall, in the absence of a provision in the franchise, maintain such pipes or wires in a manner so as to avoid injury to any tree or shrub in the public way.
(b) Construction work that disturbs or compacts the soil within the critical root zone or street or park trees is prohibited. Tunneling under the critical root zone is an acceptable type of construction work. Exception to this provision may be granted by the Manager or the Manager’s designee.
909.10 OBSTRUCTING AIR OR WATER TO TREE OR SHRUB.
No person, firm or corporation except with a written permit from the Manager or the Manager’s designee shall place or maintain upon the ground in any public street or parkway any stone, cement or other impervious material or substance in such a manner as may obstruct the free access of air and water to the roots of any tree or shrub in any such public street or parkway
909.11 STANDARDS FOR TREES
Any person, firm, or corporation planting trees along Village right of way shall do so in a manner, quantity and location as determined by the Village Manager upon the recommendation of the Tree & Landscape Commission. The Tree and Landscape Commission determines what trees should be planted in the Village based on a number of factors including: location (especially with respect to power lines), ability to thrive in the urban environment, size of public tree lawn, adaptation to habitat, resistance to insects and infestations.
(a) The spacing between trees shall be forty feet for large trees, thirty feet for medium trees, and twenty feet for small trees.
(b) The treelawns and tree sizes will match as follows:
Treelawn Tree Size
3-6 feet Small
6-8 feet Medium
8 feet or more Large
(c) The tree location shall be at least thirty (30) feet from street intersections and ten feet from fire hydrants or utility poles.
(d) Contractors shall be required to maintain trees for one year after the trees are planted. Should any tree require replacement during this one year period, the replacement period shall start at the date of replacement. Except as provided herein, the replacement period shall not extend beyond two years from the original planting date.
(1) Upon completion of a street tree planting, the Contractor shall contact the Zoning Inspector who shall conduct an inspection in consultation with the Chair of the Tree & Landscape Commission or his or her designee. The replacement period shall begin after the approval of the Zoning Inspector.
(2) The contractor shall contact the Zoning Inspector for a final inspection to be made at the end of the replacement period. All trees not exhibiting a healthy, vigorous growing condition, as determined by the Village’s inspection, shall be replaced at the expense of the contractor.
(3) In the event that the condition of any trees cannot be ascertained due to the season of the year, the final inspection may, in the discretion of the Zoning Inspector, be deferred until the commencement of the next growing season.
(e) The minimum trunk caliper measured at eighteen inches above the ground for all street trees shall be no less than one and three quarter inches.
(f) No street trees other than those meeting the requirements of small tree as defined in Section 909.02 of this ordinance may be planted under or within fifteen lateral feet of any overhead utility wire. Plantings over or within five lateral feet of any valve box, underground water line, sewer line, transmission lines or other utility shall require the approval of the Village Manager.
The Village shall be compensated for any tree removed, or damaged necessitating removal, by determining the cost of the planting of new trees, the total caliper of which shall be equal to or greater than the caliper of the removed or damaged tree.
Violation of any provision of this chapter shall be considered a minor misdemeanor and shall be fined not more than one hundred dollars ($100. 00) for each such offense and, in addition, shall pay all costs and expenses involved in the case.
Each day a violation continues following notice of such violation shall constitute a separate offense. Nothing herein contained shall prevent the Manager or the Manager’s designee from other lawful action necessary to prevent or remedy any violation.
Section 2. Existing Sections 909.02 (909.03), 909.03 (909.04), 909.04 (909.06), 909.05 (909.07), 909.06 (909.08), 909.07 (909.09), and 909.08 (909.10) shall have new section numbers which are set forth in parentheses.
Section 3. Existing Sections 909.01, 909.02, 909.03, 909.04, 909.05, 909.06, 909.07, 909.08, and 909.99 are hereby repealed.
Section 4. This Ordinance shall take effect upon the earliest date permitted by law.