Village of Boston Heights OH, Planning and Zoning Code  

 

 

 

CHAPTER 1177
Trees and Timber Cutting Regulations and Restrictions

 

 

 

1177.01 Prohibition of tree or timber removal without permit, exceptions.

1177.05 Permits.

1177.02 Use exemptions.

1177.06 Conditions to issuing permit.

1177.03 Definitions.

1177.07 Buffer zone.

1177.04 Penalties.

 

 

 

 

 

1177.01 PROHIBITION OF TREE OR TIMBER REMOVAL WITHOUT PERMIT, EXEMPTIONS.

(a) No person shall timber, log, commercial cut, clear cut or excessively prune any tree that is presently attached to the ground on any public or private property without obtaining a permit from the Zoning Inspector for the removal or excessive pruning of trees.

 

(b) A property owner who owns less than five acres in a residentially zoned district shall be exempt from the provisions of these regulations.

(Ord. 10-2003. Passed 7-9-03.)

 

1177.02 USE EXEMPTIONS.

The activities listed below shall be exempt from this Ordinance:

 

(a) Emergency activities necessary to remedy an immediate threat to public health, safety, or welfare.

 

(b) 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.

 

(c) Removal of trees in easements and rights-of-way for the purposes of maintaining public streets and utilities.

 

(d) 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.

 

(Ord. 10-2003. Passed 7-9-03.)

 

1177.03 DEFINITIONS.

For the purposes of this chapter, the following definitions shall apply:

 

(a) Tree means 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.

 

(b) Diameter/Diameter-breast-height (d.b.h.) means 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.

 

(c) Removal: means 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.

 

(d) Excessive pruning meanspPruning more than 4 years of branch growth, unless necessary to restore the vigor of the tree or to protect life and property.

 

(e) 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.

 

(f) Clearcutting means the removal of trees and other vegetation from a site in preparation of the development of same.

 

(Ord. 10-2003. Passed 7-9-03.)

 

1177.04 PENALTIES.

Any person who violates this chapter shall be fined up to $3,000 per tree for removal of or excessive pruning of any tree in violation of this ordinance.

(Ord. 10-2003. Passed 7-9-03.)

1177.05 PERMITS.

(a) General Permit Applications/Permit Conditions. The application for such permit shall be in writing and shall set forth and be accompanied by the following:

 

(1) A nonrefundable certified check in the amount of $250.00.

 

(2) A site plan detailing the topography of affected areas to the satisfaction of the Zoning Inspector.

(3) 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.

 

(b) Special Limited Residential Permit Applications/Permit Conditions. Applicants applying for a permit in a residentially zoned district of five acres or greater and applying to remove twenty (20) trees or less shall apply in writing to the Zoning Inspector and shall accompany the application with the following:

 

(1) A nonrefundable fee in the amount of $20.00.

 

(2) A written description identifying the twenty (20) trees or less to be removed.

 

(Ord. 10-2003. Passed 7-9-03.)

 

1177.06 CONDITIONS TO ISSUING PERMIT.

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.

 

(Ord. 10-2003. Passed 7-9-03.)

 

1177.07 BUFFER ZONE.

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.

 

(Ord. 10-2003. Passed 7-9-03.)

 


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