§ 225-63. Shade trees.

A. The purpose of this section shall be to preserve, create and improve the character and values of properties being subdivided in which new roads are being created by providing for shade trees along the right-of-way. These provisions shall apply to all types of roads referred to under Article IX, except collector streets (industrial, business and commercial).

B. All the varieties of trees listed under Schedule 1 in Subsection O(1) below, or such other species that are approved by the enforcing officer, which are two inches in diameter or larger at four feet above the graded ground and growing in the three-foot strip of the right-of-way adjacent to the lot lines, shall be left standing and undamaged, except that:

(1) All trees of the varieties listed in Schedule 1 in Subsection O(1), in excess of one tree every 50 feet averaged on the three-foot strip each side of the right-of-way (but not less than 35 feet nor more than 75 feet apart), may be removed.

(2) In the case of marginal roads, it shall be necessary to have trees on only the side of the road adjacent to the proposed lots, spaced as directed in Subsection B(1) above.

(3) If necessary, because of excessive grading and by special permission of the Planning Board, all existing trees may be removed and new trees planted in accordance with Subsection C below.

C. In areas where none of the above varieties of trees exist or where permission for their removal has been granted, any trees listed under Schedule 2 in Subsection O(2) below shall be planted in the three-foot marginal strip on the right-of-way, one tree a minimum of 1 1/2 inches in diameter at a height of four feet every 50 feet average on each side of the pavements, and not less than 35 nor more than 75 feet apart. In the case of marginal roads, it shall be necessary to plant trees on the side of the road adjacent to the proposed lots, spaced as directed above.

D. No trees shall be planted within 50 feet of an intersection.

E. No trees shall be planted less than 15 feet from a utility pole.

F. Trees shall not be planted less than five feet from a driveway.

G. Trees may be planted bare roots between October 15 and April 15. After this date all trees shall be planted, balled and burlapped.

H. Trees shall be top pruned at the time of planting, no matter what the date of planting.

I. All bare root trees shall have the trunks wrapped with tree wrap at least up to the first main branches and shall be staked with one stake which extends five feet above ground.

J. The developer shall guarantee to replace any tree not surviving one year from the date of planting. In no case shall it conflict with the performance and maintenance bond herein and elsewhere described.

K. All of the trees listed under Schedule 3 in Subsection O(3) below shall be removed from rights-of-way.

L. Roads which are not graded for their entire width of the right-of-way may, at the discretion of the Planning Board, be left as standing forest.

M. Subdivisions having received approval from the Planning Board relative to underground utilities shall require the trees to be planted within the four-foot section between the curb and sidewalks.

N. Deviations from any of the above regulations because of peculiar surrounding conditions may be requested of the enforcing officer. After examination and review, the enforcing officer may waive any condition of this section. The decision of the enforcing officer shall be provided in writing within 60 days of receipt of request.

O. Upon a determination by the Township Engineer and the enforcing officer as to the number and location of shade trees in any subdivision, the developer, in lieu of installing such shade trees, may elect to pay to the Township a sum equal to the estimated cost of purchasing and planting the required number of shade trees in the development. Final approval of the development shall not be granted unless and until, assuming all other requirements are met, the developer pays the funds for the shade trees to the Township.

(1) Schedule 1.

(a) Ash, all.

(b) Beech, all - Fagus-Americana.

(c) Crab, flowering.

(d) Chestnut, all.

(e) Dogwood.

(f) Gum, all.

(g) Hickory, all.

(h) Linden, all.

(i) Maple, all except silver (including box elder).

(j) Oak, all.

(k) Sycamore.

(l) Walnut.

(2) Schedule 2.

(a) Cherry, Kwanzan.

(b) Dogwood.

(c) Elm, Zelkova, village green.

(d) Honeylocust, thornless.

(e) Hawthorn, washington.

(f) London plane, bloodgood strain.

(g) Linden, greenspire.

(h) Linden, little leaf.

(i) Linden, silver.

(j) Maidenhair tree, ginkgo, male only.

(k) Maple, Norway.

(l) Maple, red.

(m) Maple, sugar.

(n) Oak, pin.

(o) Oak, red.

(p) Oak, sawtooth.

(q) Oak, scarlet.

(r) Oak, willow.

(s) Pear, bradfordcallery.

(3) Schedule 3.

(a) Birch, all.

(b) Catalpa.

(c) Cherry, wild.

(d) Locust, black.

(e) Maple, silver.

(f) Poplar, all.

(g) Sassafras.

(h) Sumac, all.

(i) Willow, all.

(j) Fruit, all.

(k) Evergreen, all.

P. The following trees are specifically recommended along any street right-of-way that is within 10 feet of overhead power lines. All such trees shall be single-stemmed varieties: [Added 3-23-2004 by Ord. No. 2004:06]

(1) Maple, Trident.

(2) Maple, Amur.

(3) Maple, Amur Beethoven.

(4) Maple, Amur Mozart.

(5) Maple, Tatarian.

(6) Serviceberry, Reflection.

(7) Serviceberry, Spring Glory.

(8) Serviceberry, Cumulus.

(9) Serviceberry, Majestic.

(10) Serviceberry, Autumn Brilliance.

(11) Serviceberry, Princess Diana.

(12) Serviceberry, Robin Hill.

(13) Serviceberry, Tradition.

(14) Dogwood, Kousa.

(15) Dogwood, Kousa, Galilean.

(16) Dogwood, Kousa, Milky Way.

(17) Dogwood, Kousa, Prophet.

(18) Dogwood, Kousa, Samaritan.

(19) Dogwood, Kousa, Satomi.

(20) Dogwood, Celestial.

(21) Dogwood, Constellation.

(22) Dogwood, Gray, Cuyahoga.

(23) Dogwood, Gray, Ottawa.

(24) Hawthorn, Thornless Cockspur.

(25) Hawthorn, English, Crimson Cloud*.

(26) Hawthorn, Washington*.

(27) Hawthorn, Dotted, Ohio Pioneer*.

(28) Hawthorn, Green, Winter King*.

(29) Magnolia, Galaxy.

(30) Cherry, Oriental, Amanogawa.

(31) Cherry, Sargent.

(32) Cherry, Red, Canada (Chokecherry, Shubert).

(33) Cherry, Snow Goose.

(34) Callery Pear, Jack.

(35) Callery Pear, Jill.

(36) Callery Pear, Capital.

(37) Japanese Tree Lilac, Ivory Silk.

(38) Japanese Tree Lilac, Regent.

(39) Japanese Tree Lilac, Summer Snow.

(40) Purple Leaf Plum.

NOTE:

*These trees shall not be used within 10 feet of a sidewalk area due to thorns or low-branched habit or fruits.