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2024-019 Ordinance
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2024-019 Ordinance
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4/22/2024 8:49:01 AM
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North Olmsted Legislation
Legislation Number
2024-019
Legislation Date
4/16/2024
Year
2024
Legislation Title
New Chapter 95 Tree Preservation and Management
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imposed upon landscaping plans and/or upon tree preservation/removal permits issued pursuant to this <br />chapter and as otherwise imposed upon development plans and commercial building permits pursuant to <br />Chapter 1126. <br />(d) To review and report on tree preservation/removal plans and other landscaping plans to the Planning <br />and Design Commission; to conduct site inspections, when necessary, prior to such administrative review <br />and permit approval; and to deliver reports, advice and recommendations to administrative bodies <br />consistent with the standards imposed herein. <br />(e) To plant, monitor and remove trees on City -owned property and to monitor the maintenance of trees <br />around utility lines. To survey and appraise the condition of trees located on City -owned property and <br />public rights of way. To notify contiguous property owners prior to the removal or planting of any tree <br />within the municipal right of way. <br />(Ord. 2016-116. Passed II -15-16.) <br />950.03 TREE PRESERVATION/REMOVAL PERMITS REQUIRED; PROCEDURE; FEES. <br />(a) No person shall plant or remove any public, commercial or multi -family residential tree in a treelawn <br />or other public, commercial or multi -family residential place without first procuring a tree <br />preservation/removal permit from the City Forester. As a condition of issuing such permit, the City Forester <br />shall first require that the person receiving the permit shall abide by arboricultural specification and <br />standards of practice generally accepted by the arboriculmral trade, and follow all the requirements set <br />forth herein. <br />(b) No person shall make any excavation, place any fill, compact sail, or construct any building. <br />structure, street, sidewalk, driveway, pavement or public utility within the dripline of any public, <br />commercial or multi -family residential tree without first obtaining a tree preservation/removal permit for <br />such work. As condition of issuing such permit, the City Forester shall require that the work be done in <br />accordance with such generally accepted arboricultural methods as may be necessary to protect the vitality <br />of such trees, and follow all the requirements set forth herein. <br />(c) Application for tree preservation/removal permits shall be made at the office of the City Forester no <br />less than five days in advance of the time the work is to be done. In case of emergency, involving an <br />immediate threat to the public safety, the City Forester may waive this requirement. <br />The applicant shall file a tree preservation/removal plan, together with or incorporated into any other <br />landscaping plan, which plan shall identify all existing trees with a diameter at breast height (DBH) of four <br />inches (4") or greater, together with the location of any existing, substantial bushes, hedgerows and shrubs, <br />as well as any existing natural growth, and then designate any and all such trees, plant materials or other <br />areas of natural growth to be preserved or removed in conjunction with the development, while <br />simultaneously describing all new trees and other plant materials to be installed. <br />Except for new plantings of trees on existing developments, there shall be a nonrefundable permit fee in <br />the amount of fifty dollars ($50.00) for multi -family residential and one hundred dollars ($100.00) for <br />commercial, a; may be amended based upon the schedule of fees as determined by Council, from time to <br />time. The fee assessed shall be reflective of the administrative costs incurred by the City in relation to the <br />City Forester's role in review of plans, inspection of site conditions and reports generated for public <br />meetings. <br />(d) All departments of the City shall be exempt from these permit provisions subject only to the <br />notification of City Forester of any construction project that will affect any public, commercial or multi- <br />family residential trees. <br />(e) No permit shall be issued to remove any commercial or multi -family residential tree from a <br />commercial or multi -family residential place, unless: <br />t) With respect to a vacant or undeveloped lot, the owner or his designee has first presented to the <br />Architectural Review Board, pursuant to Section 1126.04 (d) of the Planning and Zoning Code a drawing <br />or rendering setting forth his tree preservation/removal and other landscaping proposal for such lot, and <br />such proposal has been accepted by the Planning and Design Commission; and <br />2) With respect to a developed lot, the owner or designee obtains from the City Building Commissioner <br />written notice that the proposed removal does not violate or conflict with any tree preservation/removal or <br />other landscaping plan previously approved by the City for such lot, pursuant to the applicable provisions <br />of the Zoning Ordinance. <br />3) With respect to any lot being developed, redeveloped or otherwise modified pursuant to <br />Chapter 1126 or any other chapter of the Planning and Zoning Code, that the tree preservation/removal and <br />
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