VILLAGE OF BOSTON HEIGHTS
45 E. Boston Mills Road • Boston Hts., Ohio 44236
Phone 330.650.4111 Fax 330.655.9578
ORDINANCE 3-2003
AN ORDINANCE INSTITUTING A
NINETY-DAY MORATORIUM ON TREE CLEARING
IN THE VILLAGE OF BOSTON HEIGHTS, AND
DECLARING AN EMERGENCY
WHEREAS, the Village of Boston Heights contains certain areas that can be identified as forests or tree-covered areas that provide aesthetic, ecological and economic benefits to those who reside, conduct business, and work in the Village of Boston Heights.
WHEREAS, a recent increase in tree removal in the Village of Boston Heights has resulted in the loss to the public of the beneficial functions of these trees. The recent tree removal may threaten serious environmental degradation that may harm the public health, safety and welfare.
WHEREAS, the Council of the Village of Boston Heights wishes to fully study and investigate:
1. The state of the forests and tree-covered areas in the Village of Boston Heights;
2. The process and dynamics of tree removal;
3. The impact that tree removal has or could have on the environment, appearance, and economy of the Village of Boston Heights, and;
4. Solutions to preserve the aesthetic, ecological, and economic benefits of said forests and tree-covered areas.
NOW, THEREFORE, BE IT ORDAINED by the Council of the Village of Boston Heights, County of Summit, and State of Ohio:
Section 1: That No person shall remove or excessively prune any tree that is presently attached to the ground within the territorial limits of the Village of Boston Heights, unless specifically exempted below, for a period of ninety (90) days from the date of passage of this resolution.
Section 2: That the activities listed below shall be exempt from the ninety (90) day moratorium imposed by Section 1 of this Ordinance:
1. Emergency activities necessary to remedy an immediate threat to public health, safety, or welfare.
2. Routine maintenance of trees necessary to maintain the health of cultivated plants, to contain noxious weeds, or to remedy a potential fire or health hazard or threat to public safety.
3. Removal of trees in easements and rights-of-way for the purposes of constructing public streets and utilities.
4. Clearing, cutting, or removal of trees in connection with a valid and current Site Clearing and Grading Permit or valid and current Change of Grade Permit issued by the Village of Boston Heights Building Department.
5. Any activity involving the removal of a tree(s) by a person or entity in the sole business of growing trees specifically for their farming and distribution of the tree or its byproducts into the market place. Persons or entities covered by this exemption must have conducted regular business activity in the Village of Boston Heights for a minimum of five years prior to the enactment of this Ordinance.
Section 3: For the purposes of this Resolution, the following definitions shall apply:
1. Tree: A self-supporting woody plant characterized by one main trunk or, for certain species, multiple trunks, with a potential at maturity for a trunk diameter of two (2) inches and potential minimum height of ten (10) feet.
2. Diameter/Diameter-breast-height (d.b.h.): The diameter of any tree trunk, measured at 4-1/2 feet above average grade. For species of trees whose normal growth habit is characterized by multiple stems (e.g. hazelnut, vine maple) diameter shall mean the average diameter of all stems of the tree, measured at a point six inches from the point where the stems digress from the main trunk. In no case shall a branch more than six inches above average grade be considered a stem. For the purposes of enforcement, if a tree has been removed and only the stump remains, the size of the tree shall be the diameter of the top of the stump.
3. Removal: Removal of a tree(s), through either direct or indirect actions including, but not limited to, clearing, cutting, causing irreversible damage to roots or trunks; poisoning; destroying the structural integrity; and/or any filling, excavation, grading, or trenching in the dripline area of a tree which has the potential to cause irreversible damage to the tree, or relocation of an existing tree to a new planting location.
4. Excessive pruning: Pruning more than 4 years of branch growth, unless necessary to restore the vigor of the tree or to protect life and property.
Section 4: Any person who violates this Ordinance shall be fined up to $3,000 per tree for removal of or excessive pruning of any tree in violation of this ordinance.
Section 5: That this Ordinance is hereby declared to be an emergency measure necessary for the immediate peace, health, and safety of the residents of the Village of Boston Heights and for instituting a ninety-day moratorium on tree clearing in the Village of Boston Heights in order to protect the aesthetic, ecological, and economic benefits that the village's forests and tree-covered areas provide while the Council studies and investigates the removal of trees from the village and shall take effect and be in force from and after its passage.
PASSED: February 12, 2003
RAYMOND McFALL, Mayor
ATTEST:
CAROL ZEMAN, Clerk-Treasurer
I, CAROL ZEMAN, Clerk of the Village of Boston Heights, Summit County, Ohio do hereby certify that the foregoing Ordinance 3-2003 was duly passed by the Council of the Village of Boston Heights, County of Summit, State of Ohio at a meeting of Council on the 12th day of February, 2003.
CAROL ZEMAN, Clerk of the
Village of Boston Heights