Tree Ordinance

NOTE: This Ordinance takes effect on 11/20/2008.

Section 905.01 DEFINITIONS.

 As used in this Chapter:

A. “Village” means the Village of Haskins.
B. “Tree Commission” means the administrative commission established in Ordinance O-2008-6.
C. “Administrator” means the Village Administrator.
D. “Person” means any person, firm, partnership, association, corporation, company or organization of any kind.
E. “Property Owner” means the person owning such property as shown by the County Auditor’s Plat of the Village of Haskins, Wood County, Ohio, including the executor, administrator, or beneficiary of the estate of a deceased owner.
F. “Street or Highway” means the entire width of every public way, easement of, or right-of-way when any part thereof is open to the public, as a matter of right, for the purpose of vehicular and pedestrian traffic, and shall include alleys.
G. “Right-of-Way” means any portion of the public way, street, alley or sidewalk.
H. “Property Line” means the outer edge of a street or highway.
I. “Treelawn” means that part of a street or highway, lying between the property line and that portion of the street or highway usually used for vehicular traffic and is usually the area between the property line side of a sidewalk and the paved portion of a street.
J. “Boulevard Island” means the portion of divided streets that is unpaved, public property owned or held by the Village of Haskins and over which the Village of Haskins has a right to restrict, manage, and control plantings, typically located at entrances and exits from residential area.  Occasionally these boulevard islands run the entire length of a street.
K. “Cul-De-Sac Island” means the unpaved portion of cul-de-sacs, public property owned or held by the Village of Haskins and over which the Village of Haskins has a right to restrict, manage, and control plantings.
L. “Public Places” shall include all other grounds owned by the Village of Haskins.
M. “Tree” means a tall growing woody plant with one or more perennial main stems or trunk which develops branches from the aerial section of the stem, rather than from the base, capable of being pruned to at least six feet of clear branchless trunk below the crown within five years of planting.
N. “Shrub” means a low growing woody plant with one or several perennial main stems producing branches, shoots, or multiple stems from or near the base of the plant and incapable of being pruned to provide at least six feet of clear branchless trunk within five years of planting.
O. “Public Trees” shall include all shade and ornamental trees now or hereafter growing on any public places.
P. “Street Tree” means a public tree planted within a Treelawn.
Q. “Tree Topping” means the severe cutting back of limbs to stubs of three inches or more in diameter within the tree’s crown to such a degree as to remove the normal canopy and disfigure the tree

Section 905.02  CONTROL OF TREES WITHIN THE MUNICIPALITY 

A. The Village Administrator is responsible for enforcing this Ordinance and the regulations established by the Village of Haskins Tree Commission.
B. The Village Administrator is hereby given jurisdiction, authority, control, supervision and direction of all trees, plants and vegetation which now or which hereafter may exist in any public place within the Village of Haskins; and over all trees which exist upon private property when in the Tree Commission’s opinion, such trees constitute a menace to public property, public safety, or the welfare of public utilities within the Village of Haskins.
C. The Village Administrator is also given jurisdiction, authority and control in connection with the issuing of permits hereinafter provided for. In the exercise of any or all of the powers granted herein, the Village Administrator shall have the authority to delegate all or such part of his/her power and duties with respect to supervision and control of trees, or the issuance of permits authorized herein, to such subordinates and assistants in the employ of the Village as the Administrator may from time to time determine.

Section 905.03  SHADE TREE DISTRICT.

For the purpose of controlling blight and disease of shade trees within public Rights-of-Way, and for the planting, maintaining, trimming and removing shade trees in Rights-of-Way in and along the streets of the Village, there is hereby established one district pursuant to Ohio Revised Code 727.011 which shall include all of the territory within the corporate boundaries of the Village of Haskins.

Section 905.04  PUBLIC TREES.

A. Whenever it is necessary for the Village to remove a tree from the Right-of-Way or Treelawn within the Shade Tree District, the Village shall remove such tree(s) as soon as practicable under all of the circumstance and replace such tree(s), or plant, on another Right-of-Way area or Public Place, an equal number of trees to the satisfaction of Village Council.  Before removing a tree from the Right-of-Way or Treelawn, the Village shall use its best efforts to notify the Property Owner at least ten (10) calendar days in advance of the date on which such tree(s) is scheduled to be removed.   Except in cases in which it is determined by the Administrator that an emergency situation exists endangering the safety of persons or property, if the Property Owner objects to such removal in writing prior to the scheduled date for removal, the Property Owner may request an opinion from the Ohio DNR Division of Forestry as to the necessity for removal of said tree.  All such requests must be made prior to the scheduled date of removal and in writing.  If within thirty (30) days of making a written request as set forth herein, the Property Owner provides the Village, via facsimile, certified mail, return receipt requested, or some other means which reflects the date and time received by the Village, with a written opinion from the Ohio DNR Division of Forestry stating that the tree(s) scheduled to be removed does not require removal and such tree otherwise complies with the Ordinance of the Village of Haskins, then the tree(s) will be removed from the list of tree(s) scheduled to be removed and the scheduled removal will be cancelled pending a change in circumstances warranting said tree(s) removal.

B. No person shall plant, remove or move a tree in a Treelawn, Right-of-Way, or other Public Place without first obtaining the prior approval of the Village Administrator.  The Village shall require the Property Owner to obtain a permit from the Administrator.  The person obtaining the permit shall abide by the standards as set forth in this Ordinance and the regulations established by the Tree Commission and adopted by Village Council.

C. Should approval be given to move or remove a Public Tree, the person shall be required to replant or replace an equal number of trees at the landowner’s cost within a period of nine months near the location of the tree that is removed or in an approved alternate location.  The Administrator must approve the species, size, and quality of the replacement or replanting per the village’s planting specifications.  The applicant, as one of the conditions to obtaining such permission and at the Administrator’s discretion, may deposit with the Village such sum of cash as the Administrator may determine and specify to cover all of the cost of moving or replacing such tree(s), if the conditions of such permission require the replacement thereof.  However, in lieu of such cash deposit the Administrator may in his/her discretion accept a good and sufficient surety bond in like amount conditioned upon the payment of all the cost of such moving and replacing. Failure to do so shall be construed to be a default and the surety bond and/or cash deposit shall be deemed to be forfeited.  Failure to plant replacements shall result in replacement by the Village and the actual cost to the Village shall be billed to the property owner and cash payment shall be made within thirty days or the property owner or occupant shall be charged the actual cost to the Village of the work plus ten percent and this amount shall be assessed to the property tax.

D. All plantings of Public Trees should be inspected by the Administrator to ensure proper placement and planting prior to the refund of any deposits. If any tree(s) are found to be planted improperly the tree(s) shall be replanted or replaced and the actual cost to the Village shall be billed to the property owner and cash payment shall be made within thirty days or the property owner or occupant shall be charged the actual cost to the Village of the work plus ten percent and this amount shall be assessed to the property tax.

Section 905.05  ABUSE OR MUTILATION OF PUBLIC TREES.

A. Unless specifically authorized by the Administrator, no person shall intentionally damage, climb, cut, carve, top, transplant or remove any Public Tree or Shrub; attach any advertising posters, squirrel feeder, bird feeder, or other contrivance either to any Public Tree, Shrub, or to any device placed for the protection of such Tree or Shrub, allow any gaseous, liquid or solid substance to come in contact with public Tree(s) or Shrub(s), set fire or permit a fire to burn in an area when the fire or heat thereof shall injure any portion of any Public Tree or Shrub.

B. No person shall excavate any ditches, tunnels, trenches, alley or drive, within a radius of ten feet from any Public Tree or Shrub without obtaining approval from the Administrator.

C. No person in charge of or responsible for the erection, alteration, or removal of any building or structure, the widening of streets or highways, or the excavation or installation of utilities in the Village shall permit any Tree upon any Public Place in the vicinity of such operations to stand without a good and sufficient guard or protection as shall prevent injury, damage, or defacement to such tree arising out of, in connection with, or by reason of such operations.  The quality of the guard or protection shall be determined by the Administrator.

Section 905.06  PLACING MATERIAL ON PUBLIC PROPERTY.

A. No person shall deposit, place, store or maintain upon any Public Place or Right-of-Way of the Village, any stone, brick, sand, concrete or other materials which may impede free passage of water, air or fertilizer to the roots of any Tree growing therein, without obtaining approval from the Administrator.

B. Unless otherwise provided for, there shall be maintained about the base of the trunk of each Public Tree at least nine square feet of open ground for a Tree three inches in diameter, and for every two inches of increase in such diameter, there shall be an increase of at least one square foot of open ground.

Section 905.07  PRIVATELY OWNED TREES.

A. It shall be the duty of any property owner owning or occupying property bordering on a Right-of-Way or Treelawn upon which property there may be Tree(s) and/or Shrub(s), to prune or cause to be pruned such tree(s) and/or shrub(s) in a manner that they will not shade or obstruct street lights, street signs, or obstruct pedestrian or vehicular traffic on sidewalks or streets.  All Tree(s) shall be kept trimmed by the Property Owner or occupant of such private property to such an extent that the lowest branches of such tree(s) shall not come within nine (9) feet of the ground where they overhang any public sidewalk, Public Place, or Treelawn and not within twenty (20) feet of the ground where they overhang any public Street or Highway.

B. It shall be the duty of any person owning or occupying property bordering on any Right-of-Way or Treelawn upon which property there are any Trees or Shrubs which are designated by the Administrator as dead, dying, deceased or hazardous, or deemed a menace to the health, safety and welfare of the people or the property of the Village of Haskins, to remove or cause to be removed said Tree(s) and/or Shrub(s).

C. In either of the above situations, the Administrator shall send a written notice to the Property Owner indicating the required action (pruning or removal) to be taken.  A period of thirty days from the receipt of this written notice shall be permitted for the Property Owner to effect the indicated action.  Should the Property Owner or occupant fail to comply, it shall be lawful for the Administrator or his agent to enter upon the property and cause such action.  The Property Owner or occupant shall be charged the actual cost to the Village of the work performed and cash payment shall be made within thirty (30) days or the Property Owner or occupant shall be charged the actual cost to the Village of the work plus ten percent and this amount shall be assessed to the property tax.

D. In cases where the pruning or removal of a Tree(s) which is in violation of the Ordinances of the Village of Haskins is deemed and emergency for the sake of protecting public welfare and safety or the property of the Village, including, but not limited to, the public utilities, then the thirty (30) day notice shall be eliminated at the Administrators discretion and the Administrator or his/her agent shall be allowed to take immediate and necessary action.

E. At the sole cost of the Property Owner, the Administrator may remove or cause an order to be removed any Trees or part thereof which by reason of its nature is injurious to existing sewers, electric power lines, gas lines, water lines, or other public improvements or property, or is infested with any injury, fungus, insect, or other pest or disease which cannot otherwise be controlled and which pose a risk the public welfare or to other Trees in the Shade Tree District.

F. The Administrator should periodically examine or cause to be examined every Tree within 100 feet of any sanitary or storm sewer, drain, manhole or other public utility line above or below the surface of the ground which has been reported as dangerous or causing interference with said sewer, drain, manhole or public utility line.  The Administrator shall give to the Property Owner or occupant written notice of their findings and an order that such person remove said Tree or injurious part thereof within thirty (30) days from receipt of this written notice.  Should the Property Owner or occupant fail to comply, it shall be lawful for the Administrator or his/her agent to enter upon the property and cause such action.  The Property Owner or occupant shall be charged the actual cost to the Village of the work performed and cash payment shall be made within thirty (30) days or the Property Owner or occupant shall be charged the actual cost to the Village of the work plus ten percent and this amount shall be assessed to the property tax.

Section 905.08  TREES PROHIBITED ON PUBLIC PROPERTY.

A. The following species of Trees shall not be planted in the Right-of-Way or Public Places without specific consent of the Administrator.  The botanical name is followed by the common name in parentheses.

Acer saccarinum (Silver Maple)

Acer rubrum (Red Maple)

Acer negundo (Box Elder)

Aesculus, all species (Horse Chestnut, Buckeye)

Ailanthus altissima (Tree of Heaven)

Betula, all species except Betula nigra (Birch, all species except River Birch)

Catalpa, all species (Catalpa)

Elaeagnus angustifolia (Russian Olive)

Evergreens (pines, firs, spruces, etc.)

All fruit tree cultivars bred for fruit production

Ginko biloba, female (Female Ginko)

Juglans nigra (Black Walnut)

Liriodendron tulipifera (Tulip Poplar)

Morus, all species (Mulberry)

Platanus occidentalis (Sycamore)

Populus, all species (Cottonwood, Poplar)

Pyrus calleryana (Bradford or Bradford Callery Pear)

Robinia pseudoacacia (Black Locust)

Salix, all species (Willow)

Sorbus aucuparia (Europena Mountain Ash)

All species of Ash trees

Ulmus americana (American Elm)

Ulmus pumila (Siberian Elm)

Ulmus rubra (Red Elm)

B. Shrubs shall not be planted in the Right-of-Way unless specific consent to do so is granted by the Administrator.

C. Whenever any Tree or Shrub is planted or set out in conflict with the provisions of this Ordinance or the regulations set forth by the Tree Commission and adopted by Council, the Administrator may cause removal of said Tree or Shrub without obligating the Village to replace the illegally planted Tree(s) or Shrub(s).

Section 905.09  TREES IN SUBDIVISIONS.

A. Street Trees shall be planted in all subdivisions within the Village in Treelawns, including land abutting any street previously opened as well as those opened for the subdivision.  Installation of Street Trees shall be made under the supervision of the Administrator.

B. The number, size, species and location of the Street Trees planted in subdivisions shall be in accordance with a plan approved mutually by the Tree Commission and the Developer or Subdivider.

C. The Zoning Inspector shall not grant a zoning permit to a Developer or Subdivider until a street tree plan has been approved and an escrow account established or surety bond deposited in an amount equal to the cost of the Trees and the planting of the same as shall be determined by the Administrator to insure compliance with the chapter and the regulations hereunder of this Ordinance.

D. The Developer or Subdivider shall complete the Street Tree plan within two years from the date of the issuance of the zoning permit.  Failure to do so shall be construed to be a default and the escrow account or surety bond shall be deemed to be forfeited.  Funds derived as a result of the forfeiture shall be expended by the Administrator to implement the street tree plan for the project for which it was originally intended.

Section 905.10  TREE SIZES.

Tree sizes for the purposes of this ordinance shall be defined as the mature height of a tree species per the National Arbor Day Foundation tree guide in accordance with the following size classifications:

Small trees                 15-30 feet tall

Medium trees             31-45 feet tall

Large trees                 46 feet or more in height

Section 905.11  TREE SPACING.

The spacing of Public Trees shall be in accordance with the three species size classes referred to in Village of Haskins Tree Commission’s list of Street Trees and no Trees may be planted closer together than the following, except for special plantings approved by the Administrator:

Small Trees                thirty (30) feet

Medium Trees                forty (40) feet

Large Trees                fifty (50) feet

Section 905.12  DISTANCE FROM CURB AND SIDEWALK.

A. The distance Public Trees may be planted from curbs or curblines and/or sidewalks shall be in accordance with the three species size classes referred to in Village of Haskins Tree Commission’s list of Street Trees and no trees may be planted closer together than the following, except for special plantings designed by the Administrator:

Small Trees                two (2) feet (minimum of a four foot wide treelawn)

Medium Trees                three (3) feet (minimum of a six foot wide treelawn)

Large Trees                four (4) feet (minimum of an eight foot wide treelawn)


Section 905.13  DISTANCE FROM THE STREET CORNERS AND FIRE

  HYDRANTS.

A. No Public Tree(s) shall be planted closer than sixty-six (66) feet from the center of the intersection.

B. No Public Tree(s) shall be planted closer than ten (10) feet to any fire hydrant.

Section 905.14  UTILITIES.

No Public Trees other than those species referred to as Small Trees in The Village of Haskins Tree Commission’s list of Street Trees may be planted under or within twenty-five (25) lateral feet of any primary electric overhead utility wire.

Section 905.15  UNLAWFUL INTERFERENCE.

No person shall interfere with the Administrator of his/her subordinates or assistants while engaged in or about the carrying out of the provisions of this Ordinance or the doing of any of the work ordered by the Administrator to be done hereunder.

Section 905.16  ADOPTION OF RULES.

The Tree Commission may adopt rules consistent with this Ordinance which shall provide detailed guidelines for the administration of this Ordinance.  All such Rules shall be subject to the approval by majority vote of Village Council

Section 905.17  PENALTY.

Any person violating or failing to comply with any provisions of this Ordinance is guilty of a minor misdemeanor and shall be fined not more than One Hundred Fifty Dollars ($150.00).  A separate offense shall be deemed committed each day during or on which a violation or non-compliance occurs or continues.