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HomeMy WebLinkAboutD-2000 DEFEATED'ordinance D-2000 STREET TREE ORD1NANC~ AN ORDINANCE OF THE COMMON INDIANA, AMENDING CHAPTER 6, BY THE INCLUSION ENTITLED CARMEL WHEREAS, the selection, planting, and rein of trees. shrubs along public ways and on public grounds substantially affect tatters as safety, City liability for that safety, the location and maintenance cost, the incidence of tree diseases, the general appearance of the cityscape, q~ity of life of the City; WHEREAS, it is hereby found and dete ined planting, removal are matters of City-wide concern over ~ exercise the control set forth this Ordinance. ' CITY OF CARM~L~* /., 4, SECTION 6-64,,/ / IgEC ONS 1-24, ./:.. ORDINANCE ~ n . OI ~ ~ ~cZ~~ qu~~~Z~I~ t 'h~~c~uncil of the City of NOW, THEREFORE, BE IT ORDAINED by follows: Section 1. , . /. De~~2~~'7 means a pe~lh~ilant ha 'g a woody supporting as trees planted on real estate tier ~ttrolled by 1.2 "Street a dedicated street tree easement, ~xcluding real Carreel Park and Recreation Depdtment, (except for through streets or roadways witi-in any park or ]ae Department, fifteen (_5) feet in depth the estate an area by p of , 1.3 il" is merely suggestive. 1.4 The corn' means ,erson.t~rm, partnership, association, corporation, or organization of 1.5 "Tree Care" means the treating, spraying, removal, pruning and any other maintenance or horticultural work intended for the enhancement or preservation of and the removal and prevention of any and all damages to any Street Trees caused by tree pests, blights and diseases. The word "Topping" is defined as the cutting back of the leading shoot or shoots of major limbs which form the natural canopy of the tree so as to disfigure the tree's CrOwn. 1.7 "City Forester" - a person trained, educated or skilled in forestry, horticulture, arboriculture, or landscape architecture; who is primarily charged with the responsibility of aiding with the implementation bf this ordinance as agent for the Board of Public Works; a person to be appointed by the Mayor. Section 2. Urban Forest Commission 2.1 There is hereby created and established a Urban Forest Commission (hereinafter "Commission") for the City of Cannel, Indiana. 2.2 The Commission shall be composed of nine commissioners. Five (5) commissioners shall be appointed by the Mayor with the approval of the Council. These five commissioners shall serve without pay and shall reside within the city limits of Carreel. The remaining four (4) shall be ex-officio, shall not vote, and shall consist of one representative from a public utility, one member from the Citizens for Greenspace, organization, one representative from the City of Carreel, and, the City Forester. Section 3. Urban Forest Commission: Appointment of Members 3.1 VOTING MEMBERS: The term of the five persons appointed by the Mayor shall be three years, except that the term of two members appointed to the first Commission shall be for only one year and the term of two members of the first Commission shall be for two years. Irf the event that a vacancy shall occur during the term of any member, their successor shall be appointed by the Urban Forest Commission for the unexpired portion of the term. 3.2 No one shall serve more than Two (2) consecutive full terms. Section 4. 4.1 Urban Forest Commission: Duties and Responsibilities The Urban Forest Commission (or its designees) shall: (1) Meet at least once each calendar quarter, or more often as needed. (2) Develop a census of the City's Street Trees specifying type and condition of the trees. (3) Establish a pattern of orderly, periodic inspection of the condition of the trees and fully document that inspection. (4) Develop a master plan for the care, preservation, pruning, planting, removal and disposition of Street Trees; sodding, seeding, and maintenance of lawns along existing City streets,or as directed by the Mayor or the Council. This plan, any substantial changes in it, and any later plans and substantive changes in them must be approved by the Commission. (5) Annually submit a request to the Mayor for a budget for planting, inspection and tree care. This budget should set aside funds for emergency needs. (6) (7) (s) (9) (:o) (li) (15) (i7) Consider, investigate, make findings, report, recommend upon, and keep adequate records of its actions upon any matter or questions coming within the scope of its work as defined by this Ordinance. Coordinate its efforts with related projects of such groups as the Park Board, Plan Commission and the Street Department. Communicate with the State Highway Department as to any highways projects which would affect the planting area along state highways within the City limits. Promulgate rules and regulations for the proper administration of this chapter which shall include methods of good arboriculture. Review, with the Department of Community Development, all plans for preserving existing trees and planting new trees in subdivisions, developments or along new roadways. Review, with the City Engineer, all public utility street cut permits which might endanger existing Street Trees. Cause or order to be removed any Street Tree or part thereof which is in an unsafe condition or is affected with any injurious fungus, insect or other pest, or which by reason of its nature, is injurious to sewers, electric power lines, gas lines, water lines or other public improvements. Issue permits as required by this Ordinance. (Section 22). Conduct educational and fund-raising campaigns as necessary and work with private and public agencies and organizations to establish programs for planting and care of Street Trees. Establish NON-REVERTING TREE CAPITAL IMPROVEMENT FUND to be used by the Commission to accept public and private sector resources for programs of the Commission. In the event of the discontinuance of the Urban Forest Commission, the remainder of this fund shall revert to the general fund of the City. On a regular basis, attend meetings of the City Council to update the officials of the activities of the Urban Forest Commission. Annually review/revise policy documents. Adopt standard evaluation criteria for, and maintain a register of, Big 'ole Trees within Carreel and Clay Township. Section 5 5.1 Urban Forest Commission: Operation. The Commission shall choose its own officers, make its own operating rules and regulations (within the bounds established by this Ordinance), and keep minutes of its business meetings. A majority of the members shall be a quorum for the transaction of business. Section 6. 6.1 Section 7. 7.1 7.2 7.3 7.4 7.5 Interference with Urban Forest Commission It shall be unlawful for any person to prevent, delay or interfere with the Urban Forest Commission, or any of its agents, while engaging in inspecting, surveying, planting, cultivating, mulehing, pruning, spraying or removing of any Street Tree or tree on public grounds as authorized in this Ordinance. Street Tree Species to be Planted The Urban Forest Commission shall provide a list of trees undesirable for planting in public places in the City so as to insure the public safety and welfare. These undesirable trees shall not be recommended for general planting and their use shall be restricted to special locations where they can be used to advantage because of certain characteristics of adaptability, landscape effect or compatibility with existing curb, sidewalks and utility lines. The Urban Forest Commission in consultation with the City Forester shall provide lists of tree species, varieties and cultivars desirable for planting in public spaces. Other species, varieties and cultivars may be added or deleted as experience demonstrates their superiority. The species should be classified by size, into three groups: Large (mature height over 40 feet), medium (mature height 40 feet or less), and small trees (mature height 25 feet). No species other than those included on the Urban Forest Commission's list of desirable trees may be planted as Street Trees without special written permission of the Tree commission and City Forester. If such special permission has not been received the cost of removal and replacement of the undesirable trees shall be charged to the individual or firm who planted the trees. Section 8 8.1 Size Minimum size for all trees at planting is 2 inch caliper, unless otherwise approved by the Commission. Section 9 9.1 9.2 9.3 Spacing The spacing of Sweet Trees will be in accordance with the three species size classes of the Urban Forest Commission's list of desirable trees. Minimum and maximum spacing between Wee plantings shall be: small trees, 20-25 feet; medium trees, 25-30 feet; and large trees, 30-40 feet; except in special plantings designed or approved by the Urban Forest Commission, or except as consistent spacing with already existing trees dictates. Except for special plantings approved by the Urban Forest Commission, no tree may be planted so that its center is closer than 2 feet to the sidewalk. No tree may be planted so that its center is closer than 2 feet to the curb. New Wee planrings will be lined up with neighboring trees provided that the neighboring trees meet the above mentioned distances. No Street Tree shall be planted with its center closer than 25 feet of any street comer, measured from the point of nearest intersecting curbs or curb lines. 9.4 9.5 9.6 9.7 No Street Tree shall be planted so that its center is within 10 feet of the edge of a driveway. No Sweet Tree shall be planted so that its center is within 10 feet of a fife hydrant. No large or medium growing Street Tree shall be planted so that at maturity, the limbs in the trees crown are within 10 lateral feet of any overhead electric line. Notwithstanding any of the provisions relating to distance limitations in this Section, the Commission shall have the power and authority to vary such limitations as may be necessary and proper, taking into account the lot widths, location of fire hydrants, driveway or curb cuts and the like. It is not the intent of this section to prevent the planting of sweet trees. Section 10 10.1 Hanting: City Responsibility Except as provided in Sections 11, 12, & 13 below, the planting of all Street Trees shall be done according to the Urban Forest Commission's Tree Planting Master Plan, at the expense of the City, and with proper permit. Species, spacing and size requirements of Sections 7, 8 and 9, must be adhered to. Section 11 11.1 Planting: Owner- Occupant Responsibility The owner or occupant of property abutting public ways may plant SWeet Trees at his or her own expense in accordance with Sections 7 through 9 above, provided they secure a permit from the Commission or its designee. The permit fee provided for herein may be waived for the owner or occupant of property securing a permit pursuant to this provision. 11.2 An owner or occupant who gains a permit to remove a healthy tree on public ground as defined herein, shall be required by the Commission to replace that tree. Species, spacing and size requirements of Sections 7, 8, and 9, must be adhered to. Section 12. 12.1 12.2 12.3 Public Utilities Responsibility Public utilities are not exempt from the responsibility for the replacement of Street Trees which must be removed due to maintenance of utility lines, unless otherwise directed by the Commission. Species, spacing and size requirements of Sections 7, 8, and 9 must be adhered to for replacement trees, unless approved by the Commission. Public utilities may trim Street Tree roots and branches as necessary for the maintenance of utility service and as is prescribed by state law and limited in Section 14.7. The cost of such tree care is not the responsibility of the City. Section 13 13.1 Subdivisions and Land Development Unless otherwise approved by the Commission, street trees located within dedicated and accepted fights-of-way or landscape easements located on provisional plats or development projects submitted to the City after the passage of this Ordinance will be planted at the expense of the developer in compliance with the articles of this Ordinance except as the Zoning Ordinance or Subdivision Regulations specifically indicate otherwise. Section 14 14.1 14.2 14.3 14.4 Routine Street Tree Care Within the limits of the City Tree Plan and of the Urban Forest Commission's budget and except as provided by 14.3 through 14.7 below, the City shall assume the expense of tree care (as defined in Section 1 of this Ordinance) for Street Trees. All routine Street Tree care undertaken by the City shall be initiated by the Urban Forest Commission and undertaken by a certified arborist. The owner-occupant shall be responsible for the routine care of Street Trees, such as watering, raking and preparing leaves, twigs, and other debris for removal. No permit is required for such activity. The owner-occupant shall be responsible so as to not permit limbs or branches to obstruct movement of vehicles or pedestrians along streets, alleys or sidewalks in the City. Such limbs shall be trimmed so that there is a clear space above the street surface of Twelve (12) feet, above the sidewalk surface of Eight (8) feet, behind the street edge or alley edge of Three (3) feet and in such a manner as to not obstruct the view of any street light, traffic sign, signal device or street intersection. No permit shall be required for this activity. 14.5 14.6 14.7 14.8 Should an owner-occupant wish to perform routine trimming on a Street Tree in the right-of-way between his property and the street beyond that which is described in sections 14.3 and 14.4 above, he may do so at his own risk and shall be held responsible for his actions, but subject to the limits of 14.7. A permit is required for this activity. An owner-occupant may hire a certified arborist to perform routine Street Tree care. The arbofist must then secure a permit from the Commission or its designco. (See Section 22). It shall be unlawful as a normal practice for any person to top (as defined in Sec. 1.6) any street tree. All pruning activities shall be performed in accordance with accepted arboficultural standards. Any deviation to the above practice must be approved by the Urban Tree Commission or City Forester. Section 15 15.1 15.2 Emergency Tree Care The City Street Commissioner or public utilities may act to trim or remove trees in extreme emergency situations. The State Highway Department may act to trim or remove trees endangering traffic on state highways within the City limits. Section 16 16.1 16.2 Private Tree Care: Priming, Comer and Sidewalk Clearance The Commission or its designee shall have the right to prune or cause to be pruned, following owners notification, any privately owned trees or other vegetation which constitutes a public nuisance, as defined in Section 17. The City Forester, being duly employed by the City of Carreel, has the authority to enter onto public property whereon there is located a tree, shrub, or plant part that is suspected to be a public nuisance. Section 17 17.1 Public Nuisances Definition. The following are hereby declared public nuisances under this ordinance: (a) any dead or dying tree, shrub, or other plant located on or overhanging City- owned property; Co) any otherwise healthy tree, shrub, or other plant whether located on City- owned property or on private property which harbors insects or diseases which reasonably may be expected to injure or harm any tree, shrub or other plant; (c) (d) (e) any tree, shrub or other plant or portion thereof whether located on City- owned property or on private property which by reason of location or condition constitutes an imminent danger to the health, safety, or welfare of the general public; any tree, shrub or other plant or portion thereof whether located on City- owned property or on private property which obstructs the free passage of pedestrian or vehicular traffic or which obstructs a street light or traffic light. any tree, shrub or other plant or portion thereof whether located on City- owned property or on private property which dangerously obstructs the view in the "visibility triangle" as such may be determined by the city engineer pursuant to this ordinance. Section 18. 18.1 18.2 Tree Care: Dead or Diseased Tree Removal Except in emergency situations (Section 15), the Commission or its designee shall have the exclusive right to cause or to approve the removal of any dead, diseased or otherwise unsafe Street Tree. The Board of Public Works and Safety shall have all the powers consistent with due process and the laws and constitution of the State of Indiana, to promote the health, safety and welfare of the City by removing, or causing to be removed through appropriate legal means any tree on private property within the City which constitutes a threat or menace to public safety or the health of other trees, and to seek such legal redress, including penalties and costs, as may be appropriate. Section 19. 19.1 Street Tree Care: Removal of Stumps In the process of tree removal, all stumps of Street Trees shall be removed at least 6 inches below the surface of the ground. Section 20. 20.1 20.2 20.3 Street Tree Care: New Construction In order to protect existing Street Trees, substantial barriers must be placed around the tree at or beyond the drip line of enclosed trees, and no machinery, tools, chemicals or temporary soil deposits may be permitted within the barriers nor may any notice or other objects be attached to protected trees. These barriers are to remain in place until after the completion of all heavy construction on the site. Significant changes in grading or water flow which would adversely affect preserved Street Trees must be avoided or mitigated through protective measures. The Urban Forest Commission, or its designee, may substitute alternative means in lieu of the required barriers where appropriate to specialized circumstances. Section 21. 21.1 21.2 Street Tree Care: Injury to Trees It shall be unlawful for any person to fasten or attach in any way to any defined Street Tree any rope, wire, sign, poster, handbill or other object; except, however, that the Police Department may attach temporary traffic and parking control signs as necessary but so as not to damage the trees, and under no circumstance shall wire, staples or nails be used. If shall be unlawful for any person in any other way to injure or deface or permit any animal to injure or deface any Street Tree. Section 22. 22.1 22.2 22.3 22.4 22.5 22.6 Permits: Requirement and Exceptions No person shall plant, treat, spray or prune a Street Tree unless the Commission or its designee shall have first granted a proper permit. Said permits may be issued to property owners or to certified arborists. No person shall remove a Street Tree unless the Commission or its designee shall have first granted a proper permit. No permits shall be necessary in the emergency situations detailed in Section 15. Every permit issued by the Urban Forest Commission or its designee shall specifically describe the work to be done and be valid for a period of Sixty (60) days from issue date unless extended by a Commission decision. An Administrative and Inspection Fee shall be paid for each permit. An annual permit may be issued to any public utility for trimming trees in public right- of-way. The permit shall include trimming schedules and procedures and be reviewed annually with the Urban Forest Commission. This annual permit shall be at a cost set by the Commission. Section 23 23.1 Review by Board of Public Works and Safety The Board of Public Works and Safety shall have the right to review the conduct, acts and decisions of the Urban Forest Commission. Any person may appeal from any ruling or order of the Urban Forest Commission to the Board of Public Works and Safety who may hear the matter and make the final decision. Section 24 24.1 Penalty Any person violating any provision of this Ordinance upon conviction thereof shall pay a fine as defined within the schedule of fines in the policy document.. CARMEL URBAN FOREST COMMISSION POLICY GUIDE Encourage the planting of deciduous canopy trees (in lieu of small trees) to achieve canopy closure along public streets. , e Administration and inspection fee (for permit) - Annual permit for utility trimming in public right-of-way - 4. Arborist certificate - e , Performance Bond for tree trimming and removal - $750.00 (by contractor) Arborist liability insurance: $300,000 (per occurrence) - Death & bodily injury $50,000 (per occurrence) - Property damage - Notification of removal: public nuisances. The following are the prescribed means of abating public nuisances. 7.1 Any , 9.) Penalties: Develop an annual written plan for tree care. This plan will be presented annually to the Board of Public Works and shall constitute the official City Tree Plan for the City of Cannel. The Board of Works shall give public notice and conduct a public hearing for the purpose of receiving public input on the plan before the plan may be adopted as the official plan for the year affected. In addition, owners of property which will be affected by the proposed plan shall be notified in a manner reasonable designed to insure actual notice to them of the proposed action affecting their property. PASSED BY THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, THIS DAY OF ,19 Presiding Officer ATTEST: Clerk-Treasurer PRESENTED by me to the Mayor of the City of Carmel, Indiana, on the ,19 , at the hour of .m. day of Mayor, City of Carmel, Indiana ATTEST: Clerk-Treasurer