VILLAGE OF BOSTON HEIGHTS
45 E. Boston Mills Road Boston Hts., Ohio 44236
Phone 330.650.4111 Fax 330.655.9578
AN ORDINANCE AMENDING THE ZONING
CODE OF THE VILLAGE OF BOSTON HEIGHTS
WHEREAS, in order to promote the health safety and welfare of the residents of the Village of Boston Heights and in order to prevent the environmental degradation that may harm the public health, safety and welfare.
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 timber, log, commercial cut, clear cut or excessively prune any tree that is attached to the ground on the following:
a. Any public property.
b. Any parcel or contiguous parcels consisting of more than five (5) acres in the residential district and not being used in actual residential occupancy.
c. Any parcel in any other district without obtaining a permit from the Zoning Inspector for the removal of said tree.
Section 2: That the activities listed below shall be exempt from 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 maintaining 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 Engineer.
Section 3: For the purposes of this Resolution, the following definitions shall apply:
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.
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.
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.
Timbering, Logging or Commercial Cutting: The cutting of trees bearing a trunk diameter of not less than nine inches measured at a distance of 14 inches above ground level.
Clearcutting: The removal of trees and other vegetation from a site in preparation of the development of same.
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: Permit Applications/Permit Conditions:
The application for such permit shall be in writing and shall set forth and be accompanied by the following:
a. A nonrefundable certified check in the amount of $250.00.
b. A site plan detailing the topography of affected areas to the satisfaction of the Zoning Inspector.
c. A cash or surety bond in the form as approved by the Solicitor in favor of the Village, in the amount of $25,000.00 and post a road bond in conformance with Section 339.02 of the Codified Ordinances of Boston Heights.
Section 6: The conditions under which permits shall be issued under this chapter are as follows:
a. The owner shall submit the Plan to the Summit Soil and Water Conservation District and submit an approved plan to the Zoning Inspector.
b. The Zoning Inspector shall not issue a permit in any case where such timbering of trees would result in undue erosion or undue stream siltation or where contiguous or adjacent properties would be adversely affected.
c. The Zoning Inspector shall not issue a permit unless and until adequate assurance is furnished by the permittee that in the event a permit is granted and such timbering is done all of the cordwood, branches, brush, rubble and refuse resulting therefrom shall be removed from the premises or cut up, chipped, or mulched and placed on the forest floor in such a way that no fire hazard shall result therefrom.
d. The Zoning Inspector shall, if a permit is granted, specify the hours of operation that timbering may be conducted, designate the streets for ingress and egress and provide for such other controls so as to insure a clean and safe timbering operation.
e. The Zoning Inspector shall attach any additional conditions to the permit, if granted, which are reasonable to protect the general health, peace, safety and welfare of the citizens of the Village of Boston Heights.
Section 7: All permits issued under this section/chapter shall require the permittee to:
a. Delineate the boundary of the area upon which the permitted activity is to occur in a manner approved by the Zoning Inspector.
b. Provide a buffer area of 100 feet from the property line or adjacent right-of-way within which no timbering, logging, commercial cutting or clear cutting shall take place.
RAYMOND McFALL, Mayor
CAROL ZEMAN, Clerk-Treasurer
I, CAROL ZEMAN, Clerk of the Village of Boston Heights, Summit County, Ohio do hereby certify that the foregoing Ordinance __-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 ___ day of _______, 2003.
CAROL ZEMAN, Clerk of the
Village of Boston Heights