HomeMy Public PortalAbout2317-1968 - Planting and Preservation of Public Right of WaysORDINANCE 2317-1968
y AN ORDINANCE TO CONTROL THE PLANTING AND PRESERVATION OF TREES, SHRUBS, AND OTHER
PLANTS ON PUBLIC RIGHT-OF-WAY AND MUNICIPAL PROPERTY. TO ALSO CONTROL AND PROTECT
ANY ONE THAT Ej*JGAGES IN THE BUSINESS OF TREE SURGERY OR TREE REMOVAL WITHIN THE CITY
LIMITS OF RICHMOND, INDIANA OF y'dAYNE COUNTY.
BE IT ORDAINED by the Common Council of the City of Richmond, Wayne County, Indiana,
a majority of all members elected thereto concurring:
SECTION 1. Definitions. The following words and phrases when used in this ordinance
shall have the meanings respectively described in this section:
Public Right -of -Way The phrase "public right-of-way" shall
be the width between property lines abutting a street, alley
or boulevard.
Municipal Property The phrase "municipal property" shall be
deemed to mean park, parkway, parking lot or other property
under the control or jurisdiction of the City.
SECTION 2. Interference with Department of Parks. No person shall hinder, prevent,
or interfere with the agents or employees of the Department of Parks while engaging
in carrying out the provisions of this ordinance.
SECTION 3. Authority of Superintendent of Parks, generally. The Superintendent of
Parks shall have the authority to regulate the planting, maintenance, and control of
all trees, shrubs, and plants planted, or to be planted, on the public right-of-way
and municipal property.
SECTION 4. Protection, generally. No person shall prune, cut, molest, break, deface,,
destroy, repair or do surgery on any tree or part thereof, or in any manner interfere
with,disturb or injure any tree, shrub or plant upon public right-of-ways or municipal
property; nor shall any person permit any chemical, either solid or fluid to seep, drain;
or be emptied on or about any tree, shrub or plant that is now or hereafter, growing
up4+a:_ a public right-of-way or municipal property.
SECTION 5. Fastening articles to trees, etc. No person shall be permitted to fasten
to, for the purpose of anchorage, any wire, rope, chain or cables, nor shall any person
nail, tie, or in any other manner fasten any cards, signs, posters, boards or any other
particle to any tree, shrub, or plant that is now or may hereafter be growing upon any
right-of-way or municipal property.
SECTION 6. Excavations near trees. No person shall excavate any ditches, tunnels or
trenches in a public right-of-way or municipal property, within a radius of ten (10)
feet from any tree, shrub or plant that is now or may be hereafter growing upon any
public right-of-way or municipal property, without first obtaining a written permit
from the Superintendent of Parks.
SECTION 7. Planting and Removal. It shall be unlawful for any person to plant any
trees, shrubs or any other plants on any public right-of-way or municipal property
either for himself or for anyone else until he has secured a permit therefor from the
Superintendent of Parks. Trees to be planted in the public right-of-way shall be of
such species as to have a matured height not exceeding thirty-five (35) feet. The
purpose of this restriction shall be to reduce overhead line clearance and tree removal
costs, lessen potential highway hazards by reducing interference with street lighting
and the danger of falling limbs and trees. The Superintendent of Parks shall have the
authority to refuse the granting of such permit when such planting is likely to create
a public danger or rwisance or be detrimental to the growth of adjacent trees. It
shall be the duty of the Park Department to remove, or cause to be removed, all trees,
shrubs or plants that are planted upon the public right-of-way or municipal property,
when in its judgment such removal shall be beneficial to the peace, health and safety
of the public and public improvements; or where such trees, shrubs or plants are detri-
mental to the growth of adjacent trees.
SECTIO14 8. No individual nor company, in the pursuance of his or their profession,
may practice tree surgery, pruning, or removal anywhere in the City of Richmond,
Indiana, either privately or on public property without first showing proof of liability
insurance to the Park Superintendent and acquring a permit.
SECTION 9. The flowering dogwood tree is hereby accepted as the Wayne County tree.
SECTION 10. Any tree removed from the public right-of-way or municipal property, must
be cut to within twelve (12) inches of the ground and no brush, limbs or other parts
of said tree are to be allowed to remain in any city street over night.
Ordihahce 2317-1968
Page 2L
SECTION 11. This ordinance shall be in full force and effect from and after the
earliest period allowed by law.
SECTION 12. Penalty. Whoever violates this Ordinance or any section thereof shall
be deemed guilty of a misdemeanor and shall be fined not more than $50.00.
STREET TREES FOR RICHI&ND
Trees along our streets provide shade; they reduce the glare from pavements, side-
walks, and buildings; they muffle noise; and, if they are good trees, they increase
property values.
Richmond has many good shade trees. It also has many street trees which are
decayed, partially dead and are dangerous. These dangerous and undesirable trees
need to be removed and replaced with good tree species which will serve the community
well but which will not create a severe tree problem in the future.
This leaflet is prepared by the Park Superintendent, City of Richmond, to give
property owners information on the planting of trees on city property between the
sidewalk and curb.
The City Council wants to exercise intelligent control on the narrow strips of
property between the sidewalk and the street. These strips belong to all of us, as
city property.
Council also wants to be of assistance to all who are willing to join in this
shade tree program. If we all work together, following established procedure and
selecting the trees best suited to our respective situations we will all make our
contribution to a more beautiful Richmond.
Location of Trees Along the Street
On streets with a narrow planting strip between the sidewalk and curb consid-
eration should be given to planting trees on private property inside the sidewalk.
Usually conditions in this location are much better for growing trees than in a
narrow planting strip.
!"there there is a planting strip of at least four feet trees can be grown satis-
factorily on the city -owned property between the sidewalk and curb. However, the
right kind of trees should be planted taking into consideration the space available.
Permission to Plant
Permission must be obtained before planting any tree or shrub in the planting
strip between sidewalk and curb. This permit to plant is granted by the Park Super-
intendent. The purpose of this permit is to insure the planting of good kinds of
trees, properly spaced along our streets.
No permit is needed to plant trees on private property inside the sidewalk. It
is suggested though, that the property owner use trees such as those mentioned in
this leaflet as being desirable and take into consideration the space available for
tree growth. If the space is small, plant a tree which will remain small.
Although the planting along one street may be of a single variety, any one com-
munity should have a dozen or more kinds. The use of several varieties adds interest
to the street -tree plantings of the city and insures against the loss of all trees in
case of an epidemic disease striking any one species.
Where To Obtain Trees
Most of the trees recommended can be obtained from nurserymen. Very few of them
can be collected from local fields and woods. Nursery -grown trees are usually of
better shape, more vigorous, have better root systems, and will transplant with a
higher survival than trees collected from the wild.
Planting and Care
In general,it will be more satisfactory to engage a nurseryman, arborist or
someone familiar with tree care to do the planting. If the property owner does the
planting, he should familiarize himself with the requirements for successfully trans-
planting trees. A bulletin, entitled "Selecting and Planting Shade Trees", Extension
Bulletin 260, can be obtained by writing to the Agricultural Extension Service, Ohio
State University, Columbus, Ohio. Usually this bulletin is available at the County
Agricultural Agent's office in the Court House.
0-TdinaAce 2317-1968 Page 3 '
Proper watering is extremely important for trees the first two years following
transplanting. During dry periods, add enough water to soak the soil to root depth
once a week. Transplanted trees can be overwatered, if the soil is heavy and drains
poorly the trees can be injured by too much water as well as too little. A mulch of
peat moss, straw, ground corn cobs, partially decomposed leaves, or other suitable
material applied to the soil around the tree will help conserve moisture.
Spacing of Street Trees
The larger varieties of trees should be planted at least 50 feet apart and 60
feet is better. Medium sized varieties can be planted 45 or 50 feet apart, and small
trees 40 or 45 feet apart.
No trees should be within 10 feet of a hydrant and should not interfere with
vision at street intersections.
Size of Trees To Plant
Most street trees are planted bare root. Experience has shown that bare -root
trees of small size, from 1 to 2-inch caliper, have a better chance of survival than
larger trees.
Experienced arborists can move large trees, if the roots are balled, but it is
usually neither practical nor economical to plant large trees along streets.
Varieties of Trees To Plant
There are several hundred kinds of trees that can be considered for street -tree
use in this area. The list can be quickly narrowed down by eliminating those that
are unsuitable because they are subject to breakage, have aggressive root systems,
do not tolerate limited growing conditions, have frdt that is undesirable along a
street, are of questionable hardiness, are subject to disease or insect infestation,
or are just too big when mature.
kost of the trees given in the following lists are suggested for planting on
Richmond streets.
SUGGESTED LIST OF STREET TREES FOR RICHNIJND
LARGE TREES -- Over 60 feet tall when mature
The following large trees should be planted only on wide streets having a planting
strip of 8 feet or more in width, and where there will be no electric or telephone
wires directly overhead. As a general rule these trees will be better planted on private
property inside the sidewalk, provided there is room and the property owner desires to
have them.
Sugar Maple -- Acer saccharum -- A good tree but needs room. Is better on lawns and
and in parks than on streets.
Sweet Gu rn-- Liquidamber styaciflus -- Good foliage; interesting tree in both summer
and winter. A little difficult to transplant.
Red Oak -- Quercus borealis -- One of the best oaks for use on streets.
Scarlet Oak -- Quercus coccinea -- Excellent fall color; quite difficult to transplant,
otherwise a fine tree.
Pin Oak -- Quercus palustris -- A very fast-growing oak; transplants easily, requires
considerable pruning of lower branches to provide sidewalk and street clearance
when used as a street tree.
Red Maple -- Acer rubrum -- Fast growing; better than Silver Maple but subject to
breakage; not a first class street tree.
Ginkgo -- Ginkgo biloba -- No pests; slow growing; use male form since fruit is
objectionable and has a bad odor.
London Plane Tree -- Platanus acerifolia -- Stands city conditions well; better than
native sycamore.
Thornless Honeylocust -- Gleditsia triacanthos inermis -- Gives light shade; grass
grows well under this tree; leaves are not a problem in the fall. Moraine form
is preferred since it does not fruit.
Ordinance No. 2317-1968 Page 4
MEDIUM-SIZED TREES -- Under 60 feet when mature
The following medium-sized trees should be planted on streets having a planting
strip at least 6 and preferebly 8 feet minimum width. If there are wires directly
overhead, they should be at least 35 feet above ground and it is better if the wires
are on 50-foot poles when the trees are mature. These trees will tolerate a medium
amount of trimming for wire clearance.
Norway Maple -- Acer platanoides -- A round -headed tree; withstands street conditions
well. Because of dense shade and shallow roots it is difficult to grow grass
under Norway maples.
Willow Oak -- Quercus phellos -- A good, clean and attractive tree that should be
planted more often.
Shingle Oak -- Quercus imbricaria -- Another good oak that should be used more frequently.
Little -leaf Linden -- Tilia cordata -- One of the very best trees for street use.
Crimean Linden -- Tilia euchlora -- Good foliage; vigorous growth.
Amur Cork Tree -- Phellodendron amurense -- Does well under street conditions and grows
fairly fast.
Globe Norway Maple -- Acer platanoides globosum -- Definitely globe shaped in habit
of growth.
English or Hedge Maple -- Acer campestre -- A good tree but not used very often.
Red Horse -chestnut -- Aesculus carnea brioti -- Flowers are larger than the common
horse -chestnut and are a bright scarlet color.
Zelkova -- Zelkova serrata -- Resembles the American elm but much smaller. Not
susceptible to the diseases of the elm; sometimes used as an elm substitute.
Chinese Scholar Tree -- Sophora japonica -- Withstands city conditions very well;
flowers are white and appear in August.
SMALL TREES -- Under 35 feet when mature
These small trees may be planted where there is a planting strip of not less
than 4 feet and where there are low overhead wires.
Flowering Dogwood -- Cornus Florida -- A beautiful small tree, which if given some
care can be grown on streets, although not generally considered a street tree.
Pauls Scarlet Hawthorn -- Crataegus oxycantha pauli -- A beautiful tree then in
flower; needs spraying to control aphids and fire blight.
Washington Hawthorn -- Crataegus phaenopyrum -- The best hawthorn; fairly free of
pests; makes a good small tree.
Tatarian Maple -- Acer tataricum -- A good, small tree for street use.
Pyramidal European Hornbeam -- Carpinus betulus fastigiata -- An excellent small tree
with upright habit of growth.
Golden -rain Tree -- Roelreuteria paniculata -- Very attractive in flower; has a yellow
blossom in early summer.
SPECIAL TREES
There are some very narrow, upright trees which can be grown where there is not
room for spreading types. These are sometimes referred to as "Tailored Trees". The
following are some of the better ones.
Columnar Norway Maple -- Acer platanoides columnare.
Sentry Sugar Maple -- Acer.saccharum monumentale.
Sentry Ginko -- Ginko biloba fastigiata.
Pyramidal American Linden -- Tilia Americana fastigiata.
Columnar Red Fiaple -- Acer rubrum columnare.
Columnar Bid -leaf Linden -- Tilia platyphyllos fastigiata.
rdi.nance No. 2317-1968 p91ge 5 r
UNDESIRABLE TREES F(DR STREET USE
These trees are not recovmended for street planting in Richmond.
Box Elder -- Acer negundo -- Breakage and insect pests.
Silver Maple -- Acer saccharidm -- Breakage; too large when mature; root system
clogs sewers and drains.
Horsechestnut -- Aesculus hipoocastanum -- Leaf blight and burn; messy.
Catalpa -- Catalpa speciosa -- Coarse; insect pests.
Tulip Tree -- Liriodendron tulipifera -- Difficult to transplant; insect pests; leaves
turn yellow and drop during dry periods.
Apple - Malus pumila -- Fruit objectionable on street; numerous insect pests and
diseases; requires too much spraying.
Mulberry -- Nlorus alba -- Fruit objectionable.
Poplars (all kinds) -- Populus -- Very subject to breakage; disease and insects; roots
clog sewers and drains.
Black Locust -- Robinia pseudoacacia -- Insects, borers, and leaf miners.
'Billows (all kinds) -- Salix -- Breakage; disease and insects; rcvtts clog sewers
and drains.
Moline Elm -- Ulmus americana moline -- Subject to breakage.
Siberian Elm -- Ulmus pumila -- Commonly known as Chinese elm; subject to bad breakage.
Tree -of -heaven -- Ailanthus altissima -- Coarse; breakage.
NUMBER OF VARIETIES PER STREET
As a rule streets are more attractive when they contain only one kind of tree. In
new allotments where an entire street is to be planted it is suggested that the property
owners agree on a single variety.
PASSED by the Common Council of the City of Richmond, Indiana, this day of
1968.
ATTEST:
City Clerk
PRESENTED by me, Harold W. R an, City Clerk,
this � day of e u , 1968.
President of Common Council
to the Honorable 14ayor, Byron E. Klute,
City Clerk
APPROVED by me Byron E. Klute, Mayor of the City of Richmond, Indiana, this —I-/- day of
1966.
ATTEST:
City Clerk