[2024-19 Code Chapter 950 Trees-Urban Forest Exhibit A.pdf]
Exhibit A
CHAPTER 950
Urban Forest
950.01 Definitions.
950.02 Duties and powers of City Forester.
950.03 Tree preservation/removal permits required; procedure; fees.
950.04 Protection of trees.
950.05 Appeals.
950.99 Penalty.
CROSS REFERENCES
Destruction of trees - see GEN. OFF. 541.06
950.01 DEFINITIONS.
For purposes of this chapter, the following terms are defined as follows:
(a) "City" means the City of North Olmsted, Ohio.
(b) "City Forester" means the qualified designated official of the City assigned to carry out the execution
of this chapter.
(c) "Commercial places" includes all lots within the City zoned Senior Residence District, Business
District, Office Building District, Limited Industry-Industrial Park District, Mixed Use District or for any
other commercial use which the City from time to time may establish by separate district pursuant to the
provisions of Chapters 1121 et seq. of the Planning and Zoning Code.
(d) "Commercial trees" includes all shade and ornamental trees now or hereafter growing on any
commercial place.
(e) "Dripline" means the approximately circular vertical extension to the ground of the outermost
branches and leaves of the tree, as an indication of the spread of the root system.
(f) "Multi-family residential places" includes all lots within the City zoned mixed multiple residence,
multiple residence, house trailer, Class A Hi-Rise-Residential, or for any other multi-family use which the
City from time to time may establish by separate district, pursuant to the provisions of Chapters 1121 et
seq. of the Planning and Zoning Code.
(g) "Multi-family residential trees" includes all shade and ornamental trees now or hereafter growing on
any multi-family residential place.
(h) "Person" means any person, firm, partnership, association, corporation, company, organization of any
kind, public or private.
(i) "Public places" includes all other grounds owned by or under the control of the City.
(j) "Public trees" includes all shade and ornamental trees now or hereafter growing on any street or any
public place.
(k) "Street" 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 purposes of vehicular and pedestrian traffic.
(l) "Treelawn" means that part of a street not covered by sidewalk or other paving, lying between the
property line and that portion of the street used for vehicular traffic, usually the area between sidewalk and
curb.
(Ord. 97-20. Passed 2-18-97.)
950.02 DUTIES AND POWERS OF CITY FORESTER.
The City Forester shall be vested with the following duties and powers:
(a) To enforce or cause to be enforced the provisions of this chapter.
(b) To enforce arboricultural specifications and standards of practice generally accepted by the
arboriculture trade, which shall govern the selection, planting, maintenance, production and removal of
public, commercial and multi-family residential trees and utilization of wood and forest products produced
in the course of operation.
(c) To issue orders and permits for planting, maintenance, protection and removal of public, commercial
and multi-family residential trees and, where applicable, to make site inspections and enforce conditions
imposed upon landscaping plans and/or upon tree preservation/removal permits issued pursuant to this
chapter and as otherwise imposed upon development plans and commercial building permits pursuant to
Chapter 1126.
(d) To review and report on tree preservation/removal plans and other landscaping plans to the Planning
and Design Commission; to conduct site inspections, when necessary, prior to such administrative review
and permit approval; and to deliver reports, advice and recommendations to administrative bodies
consistent with the standards imposed herein.
(e) To plant, monitor and remove trees on City-owned property and to monitor the maintenance of trees
around utility lines. To survey and appraise the condition of trees located on City-owned property and
public rights of way. To notify contiguous property owners prior to the removal or planting of any tree
within the municipal right of way.
(Ord. 2016-116. Passed 11-15-16.)
950.03 TREE PRESERVATION/REMOVAL PERMITS REQUIRED; PROCEDURE; FEES.
(a) No person shall plant or remove any public, commercial or multi-family residential tree in a treelawn
or other public, commercial or multi-family residential place without first procuring a tree
preservation/removal permit from the City Forester. As a condition of issuing such permit, the City Forester
shall first require that the person receiving the permit shall abide by arboricultural specification and
standards of practice generally accepted by the arboricultural trade, and follow all the requirements set
forth herein.
(b) No person shall make any excavation, place any fill, compact soil, or construct any building,
structure, street, sidewalk, driveway, pavement or public utility within the dripline of any public,
commercial or multi-family residential tree without first obtaining a tree preservation/removal permit for
such work. As condition of issuing such permit, the City Forester shall require that the work be done in
accordance with such generally accepted arboricultural methods as may be necessary to protect the vitality
of such trees, and follow all the requirements set forth herein.
(c) Application for tree preservation/removal permits shall be made at the office of the City Forester no
less than five days in advance of the time the work is to be done. In case of emergency, involving an
immediate threat to the public safety, the City Forester may waive this requirement.
The applicant shall file a tree preservation/removal plan, together with or incorporated into any other
landscaping plan, which plan shall identify all existing trees with a diameter at breast height (DBH) of four
inches (4") or greater, together with the location of any existing, substantial bushes, hedgerows and shrubs,
as well as any existing natural growth, and then designate any and all such trees, plant materials or other
areas of natural growth to be preserved or removed in conjunction with the development, while
simultaneously describing all new trees and other plant materials to be installed.
Except for new plantings of trees on existing developments, there shall be a nonrefundable permit fee in
the amount of fifty dollars ($50.00) for multi-family residential and one hundred dollars ($100.00) for
commercial, as may be amended based upon the schedule of fees as determined by Council, from time to
time. The fee assessed shall be reflective of the administrative costs incurred by the City in relation to the
City Forester’s role in review of plans, inspection of site conditions and reports generated for public
meetings.
(d) All departments of the City shall be exempt from these permit provisions subject only to the
notification of City Forester of any construction project that will affect any public, commercial or multi-
family residential trees.
(e) No permit shall be issued to remove any commercial or multi-family residential tree from a
commercial or multi-family residential place, unless:
(
1) With respect to a vacant or undeveloped lot, the owner or his designee has first presented to the
Architectural Review Board, pursuant to Section 1126.04 (d) of the Planning and Zoning Code a drawing
or rendering setting forth his tree preservation/removal and other landscaping proposal for such lot, and
such proposal has been accepted by the Planning and Design Commission; and
(
2) With respect to a developed lot, the owner or designee obtains from the City Building Commissioner
written notice that the proposed removal does not violate or conflict with any tree preservation/removal or
other landscaping plan previously approved by the City for such lot, pursuant to the applicable provisions
of the Zoning Ordinance.
(
3) With respect to any lot being developed, redeveloped or otherwise modified pursuant to
Chapter 1126 or any other chapter of the Planning and Zoning Code, that the tree preservation/removal and
other landscaping plans be evaluated by the City Forester, and then be subject to the review and approval of
the Planning and Design Commission, prior to the issuance of said tree removal permit.
(
4) The applicant has fully complied with the Tree Preservation and Replacement Program, including the
payment of any applicable fees, prior to the issuance of a tree removal permit.
(Ord. 2016-116. Passed 11-15-16.)
950.04 PROTECTION OF TREES.
Except as authorized by permit issued by the City Forester:
(a) In the erection, alteration or repair of any building, structure or other work, the owner, his agent or
individual contractor shall take all measures necessary to prevent injury to public, commercial and multi-
family residential trees.
(b) No person shall deposit, place, store or maintain upon any treelawn or public, commercial or multi-
family residential place any stone, brick, sand, concrete or other materials which may impede the free
passage of water, air or nutrients to the roots of any public, commercial or multi-family residential tree.
(c) No person shall intentionally damage, cut, carve, transplant or remove any public, commercial or
multi-family residential tree; attach a rope, wire, nails, advertising, poster or other devices to any public,
commercial or multi-family residential tree; allow any gaseous, liquid or solid substance which is harmful
to such public, commercial or multi-family residential trees to come in contact with them; or set fire or
permit any fire to burn when such fire or the heat thereof will injure any portion of any public, commercial
or multi-family residential tree.
(Ord. 85-138. Passed 1-21-86.)
950.05 APPEALS.
Any person affected by any order or decision of the City Forester pursuant to this chapter may request
and shall be granted a hearing before the Service Director. Such appeal shall be requested in writing within
ten days of the date of ruling. The Service Director shall have the power to reverse or affirm in whole or in
part, or modify such order or decision when, upon appeal, it clearly appears:
(a) That the order or decision is not consistent with the provisions of this chapter; or
(b) That by reason of special condition, undue hardship shall result from a literal application of the
provision of this chapter.
(Ord. 85-138. Passed 1-21-86.)
950.99 PENALTY.
Whoever violates or fails to comply with any provision of this chapter shall be fined not less than fifty
dollars ($50.00), nor more than five thousand dollars ($5,000). This fine shall reflect the damage done by
the person convicted. Such fines shall be paid into a fund established by the Director of Finance for that
purpose and used solely for the purpose of enhancing the urban forest.
(Ord. 85-138. Passed 1-21-86.)
---
[2024-19 Code Chapter 950 Trees-Urban Forest.pdf]
CITY OF NORTH OLMSTED
ORDINANCE NO. 2024 - 19
By: Mayor Jones
AN ORDINANCE REPEALING CHAPTER 950 ENTITLED “URBAN
FOREST” AND ENACTING NEW CHAPTER 950 ENTITLED “TREE
PRESERVATION AND MANAGEMENT” OF THE STREETS,
UTILITIES AND PUBLIC SERVICES CODE OF THE CITY OF
NORTH OLMSTED.
WHEREAS, the City first adopted Chapter 950, entitled “Urban Forrest” of the
Streets, Utilities and Public Services Code of the City of North Olmsted in 1986 (Ord.
No. 85-138) and subsequently amended Chapter 950 by Ord. No. 16-116 and Ord. No.
20-97; and
WHEREAS, in order to provide greater clarity and to improve the process by
which the City regulates tree preservation initiatives, particularly in the course of
development plan review, it is in the City’s interest to repeal and replace Chapter 950;
and
WHEREAS, the Directors of Public Safety and Economic and Community
Development recommend that Chapter 950, entitled “Urban Forrest” of the Streets,
Utilities and Public Services Code of the City of North Olmsted be repealed and replaced
by enactment of new Chapter 950 entitled “Tree Preservation and Management” of said
Code; and
WHEREAS, this Council wishes to amend the Code accordingly to retitle and
replace Chapter 950.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF NORTH OLMSTED, CUYAHOGA COUNTY, AND STATE OF OHIO:
SECTION 1: That Chapter 950 entitled “Urban Forest” of the Streets, Utilities
and Public Services Code of the City of North Olmsted, which currently reads, in its
entirety, as set forth in Exhibit A, attached hereto and incorporated herein, shall be
repealed and shall be replaced by enactment of new Chapter 950, entitled “Tree
Preservation and Management” of the Streets, Utilities and Public Services Code of the
City of North Olmsted, which shall read in its entirety as set forth in Exhibit B, attached
to and incorporated by reference.
SECTION 2: That, in all other respects, the North Olmsted Code, as amended
and supplemented from time to time, shall remain in full force and effect.
SECTION 3: That all other ordinances or parts of ordinances or resolutions that
are inconsistent or in conflict with the newly amended and adopted sections are likewise
repealed to the extent of such inconsistency or conflict only.
SECTION 4: That, if any section, paragraph, sentence, clause, phrase, term,
provision or part of this Ordinance shall be adjudged by any court of competent
jurisdiction to be invalid or inoperative, such judgment shall not affect, impair or
invalidate the remainder thereof, but shall be confined in its operation to the section,
paragraph, sentence, clause, phrase, term, provision or part thereof directly involved in
the controversy in which such judgment shall have been rendered.
SECTION 5: That this Ordinance shall take effect and be in force from and after
the earliest period allowed by law.
PASSED: ________________________
First Reading: _______________
Second Reading: _______________
Third Reading: _______________
Committee: __________________
ATTEST:
_______________________________
__________________________
BEATRICE TAYLOR
LOUIS J. BROSSARD
Clerk of Council
President of Council
APPROVED: _____________________
APPROVED AS TO LEGAL FORM:
_______________________________
/s/ Michael R. Gareau, Jr. ______
MAYOR NICOLE DAILEY JONES
MICHAEL R. GAREAU, JR.
Director of Law
---
[2024-19 Code Chapter 950 Trees-Urban Forest Exhibit B Amended.pdf]
1
CHAPTER 950
Tree Preservation and Management
950.01 Purpose.
950.02 Applicability. Definitions
950.03 Definitions. Applicability
950.04 Required Preservation and Replacement of Major Trees.
950.05 Tree Clearance Permit
950.06 Tree Replacement Plan
950.07 Criteria for Approval of Major Tree Removal
950.08 Replacement and Preservation of Trees When Development Plan Submitted
Pursuant to Chapter 1126
950.09 Exemptions from Replacement of Major Trees
950.10 Planting and Maintenance Requirements for Replacement Trees
950.11 Coordination with Required Landscaping
950.12 Flexibility. Authority to Grant Individual Exemptions
950.13 Appeal
950.99 Penalty.
950.01 PURPOSE.
These regulations are established in order to recognize the vital importance of tree growth in
the ecological system, while allowing for reasonable development of lands in the City of North
Olmsted and achieve, among others, the following purposes:
(a) To ensure the preservation of existing trees and natural wooded areas and encourage
replacement of damaged or removed trees so that City residents may benefit from a healthy
urban forest. The benefits derived from tree preservation and replacement include:
(1) Energy conservation;
(2) Improved air quality;
(3) Reduced noise pollution and light glare;
(4) Enhanced habitat for birds and other desirable wildlife;
Amended
EXHIBIT B
2
(5) Improved control of soil erosion and moderation of water runoff;
(6) Enhanced visual and aesthetic qualities; and
(7) Increased property value.
(b) To promote the preservation and replacement of existing trees and wooded areas in such a
manner that benefits listed in (a) above are realized.
(c) To promote the preservation, replacement, and/or augmentation of trees that might otherwise
be damaged or removed in the course of land development and building construction.
(d) To maintain an equivalent tree canopy citywide before and after removal of the trees
and undertaking of construction activities.
950.02 DEFINITIONS.
For purposes of this Chapter, the following terms are defined as follows:
“Applicant” means any owner of record of property within the City or an agent for an
owner of property within the City and whose property is subject to the provisions of this
Chapter and who has submitted application for a Tree Clearance Permit or a Tree
Replacement Plan pursuant to this Chapter.
“Builder” means any person subject to the provisions of Chapter 1317, Registration
of Contractors and who engages in activities that are regulated by this Chapter.
“Caliper” means any of various measuring instruments having two usually adjustable arms or
jaws used especially to measure diameter or thickness of a tree
“City” means the City of North Olmsted, Ohio.
“City Arborist” means a professional, retained and authorized by the City of North Olmsted, who
possesses the technical competence gained through experience and related training to provide
analysis of plans presented for review under this Chapter, and to advise public officials charged
with the management of trees and other woody plants in public or private landscapes.
“Developer” means any person acting in his own behalf, or as an owner, or as an agent for
an owner of property, and (1) who makes application for plan approval and a permit under
the provisions of the City Zoning Code or (2) a person undertaking activities covered by
these regulations.
“Diameter at Breast Height” (hereinafter “D.B.H.”) refers to the tree diameter measured
at 4.5 feet above the ground.
“Major Tree” means a tree with a six (6) inch D.B.H.
“Owner” is the individual identified in the Cuyahoga County Records as the title owner of
any property, lot or parcel within the City which is subjected to the provisions of Chapter
950. Owner includes any transferees, heirs, successors and / or assigns of the title owner
when the property, lot or parcel has previously received a Tree Clearance Permit and a
Tree Replacement Plan under a previous owner.
3
“Tree” means any self-supporting woody plant usually having a single trunk which has the
potential D.B.H. of at least two inches and a height of 13 feet or more at maturity. A tree can be
ornamental for shade located on public, multi-family, or commercial places.
“Tree Bank” means a special fund established by the City for deposit of fees collected pursuant
to this Chapter, the expenditure of which is restricted to purpose described herein.
"Tree lawn" means that part of a street not covered by sidewalk or other paving, lying between
the property line and that portion of the street used for vehicular traffic, usually the area between
sidewalk and curb.
“Tree Replacement Plan” is the review and preservation process established pursuant to
Chapter 1126 and section 950.06.
950.03 APPLICABILITY.
(a) This Chapter shall apply to major trees trees that have a minimum six-inch D.B.H., also
known as major trees, on all public and private properties in the City of North Olmsted, in all
zoning districts, unless exempted below.
This Chapter shall not apply to single-family residential lots of less than two (2) acres that
existed prior to the date this provision takes effect.
(b) Unless specifically exempted by the provisions of this Chapter, Nno major trees within
the City shall be removed from any parcel of land subject to this Chapter until a Tree
Clearance Permit has been issued by the Director of Economic and Community Development, or
their authorized designee within the Department of Economic and Community
Development.
(1) Clearing of Land. No major trees shall be removed from any parcel of land until a Tree
Clearance Permit has been issued signifying compliance with the regulations of this Chapter.
(2) Clearing of Land Prior to Annexation. Trees removed from any parcel of land within
one year prior to its annexation to the City of North Olmsted shall be subject to a tree
replacement plan as if the parcel had been part of the City when the tree removal occurred.
(32) New Development or Construction. No building permit or certificate of zoning
compliance shall be issued for any development or the construction of any building, structure, or
vehicular use area without it first being determined through the development plan review
process that the proposed development or construction is in conformance with the provisions of
this Chapter.
(43) Substantial Alteration of Expansion of Existing Development. No previously permitted
or approved building, structure, or vehicular use area shall be substantially altered or expanded
without it first being determined through the development plan review process that the proposed
development is in conformance with the provisions of this Chapter.
950.04 REQUIRED PRESERVATION AND REPLACEMENT OF MAJOR TREES.
(a) In all zoning districts, all major trees shall be preserved and/or replaced in compliance with
the provisions of this Chapter, unless exempted herein.
4
(b) Each major tree removed from a during the course of the course of the development of a
parcel of land or lot not exempted from this Chapter shall be removed only upon issuance
of a Tree Clearance Permit pursuant to 950.05 and an approved Tree Replacement Plan as
set forth in Section 950.06.
(c) The City Arborist, shall approve the caliper, species, and health of all proposed replacement
trees.
(d) Failure to replace a major tree within one (1) two (2) years of the approval of the application
referred to in subsection (a) Tree Clearance Permit and Tree Replacement Plan shall be a
punishable as a misdemeanor for each separate failure to replace a tree as described in Section
950.99.
950.05 TREE CLEARANCE PERMIT.
A Tree Clearance Permit application shall be submitted to the Department of Economic
and Community Development upon an application form established by the Director and
shall identify the property owner, street address of the owner, permanent parcel number
where the trees to be cleared are located, the tree species and D.B.H. of the trees to be
cleared, the Tree Replacement Plan and such other information as, in the opinion of the
Director, is necessary to process the Tree Clearance Permit application.
The fee for a tree clearance permit shall be established by the Fee Schedule in Section
1321.01 or 1321.06. Collected fees shall be placed in the Tree Bank Fund.
The Director of Economic and Community Development or their designee may waive the
fee requirement for permits involving ten (10) trees or less.
950.06 TREE REPLACEMENT PLAN.
Whenever a Tree Clearance Permit is submitted, a Tree Replacement Plan shall be prepared
and submitted for review and consultation approval by the City Arborist. The Said Tree
Replacement Plan shall be required as part of the applications for a Tree Clearance Permit and, a
certificate of zoning compliance.
(a) The Tree Replacement Plan shall be drawn to an appropriate scale and include, at a
minimum, the following information:
(1) The location, species / common and name and D.B.H. of all existing major trees to be
cleared. The City Arborist may, at their its discretion, accept an estimate of the number and
D.B.H. size of trees on a site that when the site exceeds three (3) acres and may rely upon .In
considering estimates, the City may allow the use of techniques such as site photographs, aerial
photographs, site visits, etc. and any similar method to review and evaluate the Tree
Replacement Plan.
(2) Identification of the tree preservation area(s), including all existing major trees that will be
preserved and remain on site after construction and development.
(3) Identification of all major tress that will be removed from the site including trees
removed as permitted by Section 950.06.
5
(4) In the case of a development plan submittal, the location, species and common name,
and size of all replacement trees to be planted on the site as required by Section 950.07.
(b) If all required replacement trees cannot be accommodated on site, the plan shall indicate
where and how the applicant will replace the balance of the required trees as required by in a
manner set forth in Section 950.08(a).
950.07 CRITERIA FOR APPROVAL OF MAJOR TREE REMOVAL.
(a) Upon submission, review and approval of a Tree Clearance Permit application and a Tree
Replacement Plan, the Director of Economic and Community Development or their designee
(or designee) may approve the cutting down, removal, or destruction of a major tree when the
tree interferes with the proper development of the parcel or lot, provided that the parcel or lot is
the subject of application for approval of a zoning certificate, development plan, variance or
conditional use permit; such application is approved; and one of the following applies:
(1) The tree is located within a proposed public right-of-way.
(2) The proposed structure cannot be located in a manner to avoid removal of the tree and, at
the same time, permit the desirable and logical development of the lot.
(3) The tree is located within the area of a proposed driveway that will service a single-family
or two-family home or is within the area of a proposed access drive that will service dwellings in
a planned residential development, multi-family development, or planned multi-family
development.
(4) The tree is damaged or diseased.
(5) The tree is an undesirable species in its present location.
Approval to remove a major tree does not remove the property owner’s responsibility to replace
the removed tree, which shall be a condition of approval, as detailed in the approved Tree
Replacement Plan.
(b) Removal. A tree shall be deemed removed if one or more of the following occurs:
(1) Damage is inflicted to the root system by machinery, storage of materials, and/or soil
compaction.
(2) The natural grade is changed above or below the root system or around the trunk.
(3) Damage is inflicted on the tree that would permit fungus or pest infection.
(4) The tree is excessively pruned or thinned.
(5) Areas are paved with concrete, asphalt, or other impervious material within such
proximity to the tree as to be harmful to the tree.
950.08 REPLACEMENT AND PRESERVATION OF TREES WHEN DEVELOPMENT
PLAN IS SUBMITTED PURSUANT TO CHAPTER 1126.
6
With any development plan submitted pursuant to Chapter 1126, the following process
shall apply:
Tree Preservation Plan. A Tree Preservation Plan shall be submitted with any Chapter
1126 development plan. The Tree Preservation Plan shall be drawn to an appropriate scale
and include, at a minimum, the location, species / common name, and D.B.H. of all existing
major trees to be preserved on the property after construction and development.
The City Arborist may, at their discretion, accept an estimate of the number and D.B.H.
size of trees on a site that when the site exceeds three (3) acres. In considering estimates,
the City may allow the use of techniques such as site photographs, aerial photographs, site
visits, etc. and any similar method to determine the existing trees to be preserved.
Tree Clearance Permit and Tree Replacement Plan. A Tree Clearance Permit application
and Tree Replacement Plan also shall be submitted with any Chapter 1126 development
plan. Upon submission, review and approval of a Tree Clearance Permit and Tree
Replacement Plan, a developer or property owner shall be required to replace all trees removed
in accordance with specification and replacement options outlined herein.
The Applicant in its Tree Replacement Plan shall specify and list the most desirable
replacement option being presented for review and approval. A combination of replacement
options (a)(1) through (3) is acceptable if replacement of 100% of trees cannot be accommodated
on site as determined by the City Arborist. The intent of replacement of removed trees overall
is to maintain an equivalent tree canopy citywide before and after removal/construction.
(a) Replacement options and requirements to be identified by the Applicant in the Tree
Clearance Permit application and Tree Replacement Plan.
(1) On-site Replacement Option. An on-site replacement option requires a A minimum
of fifty percent (50%) of the required replacement trees shall be replanted in another
location on the site from which the original trees were removed to maintain the
remaining natural distribution of tree cover within the City.
(2) Tree Bank Site Option. Although one hundred percent (100%) on-site tree replacement
is desired, if this is determined by the Arborist to be impossible or impractical, the
remaining balance of required replacement trees shall be planted on a designated Tree
Bank Site to accommodate this option. The Tree Bank site refers to areas (typically
public land, parks, or areas etc.) that are receiver sites for tree plantings. A publicly
held site is preferred, but the Upon agreement of the Applicant, the City and a
private land owner, the City may designate a Private Tree Bank Site where the tree
replanting area will be permanently preserved via recorded covenant or easement.
Planting shall be carried out directly by the developer/landowner with direction and
inspection of the City Arborist.
(3) Tree Bank Fund Option. If in the opinion of the City Arborist neither the On-Site
Replacement ((a)(1) above), nor a the Tree Bank Site ((a)(2) above), options can
accommodate the required replacement trees, a payment in lieu of replanting may be
utilized if authorized by the City Arborist and if requested by the Applicant. The
replacement fee for each tree shall be allocated to the Tree Bank Fund according to the
7
schedule of fees established by City Council. Tree Bank Funds shall be used only for
the planting and installation of trees on public property at any location within the City,
including in the right of way as determined by the City Arborist. in its sole discretion.
Planting and installation may include purchase, transportation, mulching, watering, and
labor associated with the replacement tree(s) for up to one (1) year from the date of
planting. An Applicant authorized to use this who chooses this Replacement Option
shall have no right to select the of decision in the location, type, or method of
installation or maintenance of trees. , as the payment is a voluntary payment in lieu of
planting the required caliper inches of trees on or off sire as given in replacement
Options (a)(1) and (a)(2) above.
a. Tree bank fee shall be not less than $100 per caliper inch of the required
replacement trees.
(4) Size of Replacement Trees. Each replacement tree planted pursuant to (a)(1) and
(a)(2) herein shall have a minimum caliper of 1.75 inches A.B.H. and a clear trunk
height of at least six (6) feet.
950.09 EXEMPTIONS FROM REPLACEMENT OF MAJOR TREES.
The Director of Economic and Community Development (or designee) City Arborist may grant
recommend to the Director of Economic and Community Development an exemption for and
approve the removal replacement of a major tree if one of the following applies. Trees removed
under the following conditions are exempt from the replacement requirements of 950.07.
(a) The tree is dead, damaged, or diseased.
(b) The tree is not dead, damaged, or diseased but is an undesirable species by reason
of interference with provision of public utilities, interference with the public
right-of-way, interference with public easements, or other interference with
other public services, in its present location, as determined by the Director of Public
Service or his designee within the Department of Public Service.
(c) The tree poses potential danger to life or property.
950.10 PLANTING AND MAINTENANCE REQUIREMENTS FOR REPLACEMENT
TREES.
Trees planted pursuant to an approved Tree Replacement Plan shall be subject to
the following criteria:
(a) All trees to be used as replacement trees shall be of a variety determined to be
acceptable by the Director of Public Service (or designee).
(ab) Replacement trees that may reach a height of thirty (30) feet tall shall not be planted
within twenty (20) feet of an overhead power line.
(bc) Trees shall be planted an adequate distance from access drives and intersections so
that, at full maturity, such planting shall comply with Section 1363.302.6 to ensure the
unobstructed visibility of motorists and pedestrians.
8
(cd) The developer owner shall be required to maintain all replacement trees for two (2)
years after the trees are planted and to replace any tree that dies within such two-year guarantee
period, according to the following:
(1) Upon completion of the tree planting, the landscape contractor owner shall contact
the Director of Economic and Community Development Public Service (or designee) to
initiate the guarantee period.
(2) The guarantee period shall begin after the approval of the Director of Economic
and Community Development, Public Service (or designee).
(3) A final inspection shall be made at the end of the two-year guarantee period. All
trees not exhibiting a health and vigorous growing condition, as determined by an inspection by
the City’s Arborist inspection, shall be replaced at the expenses of the developer or builder
owner.
A. The owner developer shall notify the Department of Economic and Community
Development Public Service within five (5) business days of the end of the guarantee period to
schedule the final inspection.
B. All trees not exhibiting a healthy, vigorous growing condition, as determined by
the City’s inspection, shall be replaced at the expense of the developer or builder.
B. C. If the City Arborist determines that replacement of a tree is required, such
replacement shall occur within thirty (30) days of the date of that the City’s inspection report is
submitted to the owner developer. The two-year guarantee period shall begin anew for each
replacement tree.
(de) Preserved or replacement trees shall not subsequently be removed from a site unless
approved pursuant to Section 950.06 or exempted pursuant to Section 950.08 and the regulations
of this Chapter.
(ef) Where applicable, the City may require the original owner of any property on which
trees have been preserved or replaced according to the requirements of this Chapter to add a
restrictive covenant, prepared at the cost of owner, to the deed that shall inform subsequent
purchasers, lessees, or occupants of the site that trees shall not subsequently be removed from a
site except when approved pursuant to Sections 950.06 or exempted pursuant to Section 950.08
and the regulations of this Chapter.
(fg) Failure to replace major trees as required by this Chapter Section within one (1)
year of the approval of the Tree Replacement Plan application referred to in Sections 950.07
shall be punishable as a misdemeanor pursuant to Section 950.99 for each separate failure to
replace a tree.
905.11 COORDINATION WITH REQUIRED LANDSCAPING.
(a) The tree preservation requirements of this Chapter shall be in addition to the
landscaping and screening requirements of Part Eleven, including but not limited to Chapter
1126 of the Planning and Zoning Code for the corresponding zoning district where the tree is
located.
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(b) The required tree preservation plan shall be coordinated with all landscaping required
by Part Eleven, Planning and Zoning Code to achieve a cohesive landscape treatment for the
entire site.
950.12 FLEXIBILITY. AUTHORITY TO GRANT INDIVIDUAL EXEMPTIONS.
The standards and criteria in this Chapter establish the City’s objectives and the level of tree
preservation required. However, in applying these standards, the Planning and Design
Commission, Building and Zoning Board of Appeals, and City Council may:
(a) Exercise discretion and flexibility with respect to the replacement and arrangement of
required elements to assure that the objectives of this Chapter and the proposed
development are best satisfied.
(b) Upon the Director of Economic and Community Development’s identification and
description of the Applicant’s deviations from the standards imposed herein, and the
Applicant’s presentation of good cause and reasonable accommodation therefrom due
to practical and physical restraints, not strictly due to economic circumstances, the
reviewing authority may grant specific exceptions as detailed on, and limited by, the
required plans. That decision shall be final and not reviewable.
950.13 APPEAL
If an application for Tree Clearance Permit or Tree Replacement Plan is not approved by
the Director of Economic and Community Development, written notice shall be given to the
applicant by regular U.S. mail and electronic mail. The Applicant within ten (10) days of
the date set forth on the notice required herein may take an appeal by filing an application
with the Building and Zoning Board of Appeals (hereinafter “BZBA”) specifying the
grounds therefor. The BZBA shall have the power to affirm, modify or reverse the
decision of the Director. Any such decision made by the BZBA shall be final. The appeal
procedure shall be governed by the procedures set forth in Chapter 147 of the North
Olmsted Codified Ordinances.
950.99 PENALTY.
Any person who fails to comply with any provision of this Chapter shall be guilty of a
misdemeanor of the first degree. Each and every violation, as well as each and every day of
violation, shall be deemed a separate offense and subject to per diem penalties upon conviction.
The Director of Law may seek to impose both criminal and civil remedies and penalties,
including an action to enjoin the violation of this Chapter, which is further defined as a nuisance
condition.