HomeMy WebLinkAboutD-1121 Tree,Shrub Regulations AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL,
INDIANA, AMENDING CHAPTER 6, ARTICLE 4, SECTION 6-64, ENTITLED;
PLANTING AND REMOVAL OF TREES AND SHRUBS REGULATIONS.
WHEREAS, the selection, planting, maintenance and removal of trees,
and shrubs along public ways and on public grounds substantially
affect such mat t ers as pedestrian and vehi cl e safety, City
liability for that safety, the location and maintenance of utility
services, tree maintenance cost, the incidence of tree diseases,
the general appearance of the cityscape, and the general quality of
life of the City; and,
WHEREAS, it is hereby found and determined that such selections,
planting, maintenance and removal are matters of City-wide concern
over which the City should exercise the control set forth in this
Ordinance.
WHEREAS, Ordinance D-1091, adopted by the Common Council in August
of 1994, authorized the Camel Board of Public Works to promulgate
and enforce rules, regulations and specifications concerning the
planting, trimming, maintenance and removal of tree, shrubs, and
other plants upon the public ways and on public grounds.
NOW, THEREFORE, BE IT ORDAINED by the Common council of the City of
Camel, Indiana:
Section 6-64, Amanded as follows.
(a)
Wi thin the City of Carmel , no person shall plant trees
between the street and the sidewalk and/or property line
unless they are in compliance with regulations, rules and
specifications adopted by the Carreel Board of Public Works
and Safety pursuant to Ordinance D-1091.
(b)
The owner or person in control of the dominant real estate
adjacent to the area between the street and the sidewalk
and/or property line on which any removal of the tree or
shrub is planted shall comply with the rules and regulations
adopted by the Camel Board of Public Works and Safety,
pursuant to Ordinance D-1091.
(c)
If any tree or shrub planted pursuant to this Section shall,
in the opinion of the Board of Public Works and Safety,
create a hazardous obstruction to vision which may endanger
vehicular or pedestrian traffic, then said tree or shrub
shall be appropriately trimmed or removed pursuant to the
rules adopted by the Camel Board of Public Works and
Safety.
(d)
(e)
(f)
(g)
(h)
If any tree or shrub planted pursuant to this Section shall
cause damage to any street, curb or sidewalk, then said tree
or shrub causing such damage shall be removed and the damage
repaired by the dominant land owner or person in control as
set forth by the Carmel Board of Public Works and Safety.
The City of Carmel and all public utilities retain their
ownership and right to access to the area between the street
and the property line of the dominant owner and retain the
right to reasonably remove any tree or shrub impeding
necessary work to be performed by the City and/or all public
utilities, or other properly authorized users.
Public utilities are not exempt from the responsibility for
the replacement of Street Trees which must be removed due to
construction and maintenance unless otherwise directed by
the City.
Public utilities may trim Street Tree roots and branches as
necessary for the maintenance of utility service as prescribed
by state law and the rules and regulations adopted by the
Carreel Board of P blic Works and Safety. The cost of suc
Penalty. viola~-o~of any provision of this section sha~
deemed an Ordinance Violation and any person violating t
provisions hereof shall be fined an amount not to exceed
$2500. O0 for each independent offense or violation.
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T. E Presiding Officer
. on,
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