HomeMy Public PortalAbout095-2004 - Street Tree CommissionORDINANCE NO. 95-2004
A GENERAL ORDINANCE AMENDING AND RE -STATING CHAPTER 97 OF THE
RICHMOND CODE WHICH CREATED THE STREET TREE COMMISSION
WHEREAS, Ordinance No. 47-1986 adopted July 7, 1986, created the Street Tree Commission and
was amended by Ordinance No. 7-1987 adopted April 20, 1987; by Ordinance 9-1988
adopted February 1, 1988; by Ordinance No. 20-1992 adopted April 20, 1992; and by
Ordinance No. 19-1997 adopted March 3, 1997 and was codified into the current Chapter
97 of the Richmond Code by Ordinance No. 54-1994, adopted August 16, 1994; and
WHEREAS, the development of the Commission's programs and its experience to date in working to
achieve its objectives has indicated additional amendments of the ordinance are
appropriate; and
WHEREAS, by action taken at its meeting of June 9, 2003, the Street Tree Commission expressed their
unanimous recommendation that Chapter 97 be further amended to incorporate certain
changes as set forth herein.
NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana,
that Chapter 97 of the Richmond Code be amended and re -stated as follows:
SECTION
97.00
Street Tree Commission
97.01
Definitions
97.02
Membership
97.03
Powers and Duties
97.04
Authority
97.05
Interference with Street Tree Commission
97.06
Removal
97.07
Location of Trees along the Street
97.08
Permission to Plant
97.09
Planting and Care
97.10
Spacing of Street Trees
97.11
Protection of Trees
97.12
Liability of City and Responsibility of Owner or Occupant
97.13
Abuse/Illegal Act
97.14
Protection During Construction Operations
97.15
Required Pruning
97.16
Public Utilities
97.17
Enforcement and Penalties
97.00 STREET TREE COMMISSION
There is hereby established a Street Tree Commission for the City of Richmond, Indiana. (Ord. 15-
1986; Ord. 47-1986)
97.01 DEFINITIONS
For the purposes of this Ordinance, the following terms, phrases, words and their derivations shall
have the meanings given herein. When not inconsistent with the context, words used in the present
tense include the future and words in the singular number include the plural number. The word
"shall' is defined as mandatory and not merely directory.
(a) "CITY" is the City of Richmond.
(b) "MUNICIPAL PROPERTY" is a parkway, parking lot, or other property owned by
or under the control or jurisdiction of the City, excluding any property directly controlled by
the City of Richmond Parks Department.
(c) "PERSON" is any public or private individual, group, company, firm, corporation,
partnership, association, society or any other combination of human beings whether legal or
natural.
(d) "PUBLIC RIGHT-OF-WAY" is the width of property located between property lines
and abutting a street, alley, or boulevard, most often including the width of property located
between a street and sidewalk.
(e) "STREET TREE" is any tree located upon municipal property or a public right of
way.
(f) "COMMISSION" shall mean the Richmond, Indiana, Street Tree Commission
97.02 MEMBERSHIP
The Commission shall be comprised of eleven (11) voting members, each of whom shall be a resident of
the City of Richmond. Said members shall serve without compensation and shall adopt their own by-laws
including the designation and election of officers.
(a) Three citizen members shall be appointed by the Mayor, for 3-year staggered terms
beginning with 1, 2 & 3 year terms respectively.
(b) Three citizen members shall be appointed by City Council, for 3-year staggered terms
beginning with 1, 2 & 3 year terms respectively.
(c) One member shall be appointed by the Richmond Advisory Plan Commission.
(d) The Street Commissioner or an employee of said Street Department designated by the
Street Commissioner shall serve by virtue of holding such office.
(e) The Superintendent of the Transmission and Distribution Department of Richmond
Power and Light or an employee of said Department designated by the Superintendent shall serve
by virtue of holding such office.
(f) A member of Common Council shall be designated by the President of the Council
annually.
(g) The Superintendent of the Department of Parks and Recreation or an employee of said
Department designated by the Superintendent of said Department shall serve by virtue of holding
such office.
In addition to the above members, the Commission shall be allowed and encouraged to appoint interested
volunteers to assist and carry out the duties of the Commission as described herein. There shall be no
residency requirements for such volunteers.
97.03 POWERS AND DUTIES
(a) The Commission shall control the care, planting, removal and disposition of trees and
shrubs upon municipal property and public right-of-ways.
(b) The Commission shall give advice to Common Council, provide leadership in the
development of understanding of the objectives and methods of the tree program, and assist
the City in the development and maintenance of technical specifications and guidelines.
(c) The Commission shall produce and maintain a list of the kinds and species of trees
suitable and desirable for planting and the areas and conditions under which such
trees should be planted. This list shall be known as "Approved Street Trees for
Richmond."
97.04 AUTHORITY
The Street Tree Commission 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 on
municipal property.
97.05 INTERFERENCE WITH STREET TREE COMMISSION
No person shall hinder, prevent, or interfere with the agents or representatives of the Commission
while such persons are carrying out the provisions of this chapter.
97.06 REMOVAL
(a) The Commission may remove, prune or cause to be removed and pruned, all trees,
shrubs, or any other plants that are planted on the public right-of-way or municipal property,
when it is determined the pruning or removal will be beneficial to the peace, health, and
safety of the public and public improvements or where trees, shrubs, or plants are detrimental
to the growth of adjacent trees. (Ord. 7-1987; Ord. 49-1993)
(b) Permission must be obtained before removing any street tree. Such permission must
be obtained from the Street Tree Commission.
(c) Any tree removed from the public right-of-way or municipal property, must be cut
low to the ground within four inches of ground level and no brush, limbs, or other parts of the
tree are to be allowed to remain in any city street overnight.
(d) The Street Commissioner has the right to remove a street tree, or part of a street tree,
that the Street Commissioner determines is hazardous. Unless an emergency exists, the Street
Commissioner shall notify the Commission of his decision and seek the input of the
Commission in advance of removal of a street tree or part of a street tree. The Street
Commissioner or his designee shall report in writing to the Commission the following month
the removal of all street trees or parts of street trees that the Street Commissioner determined
were hazardous.
97.07 LOCATION OF TREES ALONG THE STREET
(a) On streets with a narrow planting strip between the sidewalk and curb, consideration
should be given to planting trees on private property inside the sidewalk.
(b) Where there is a planting strip of at least three feet, trees can be grown satisfactorily
on the city -owned property between the sidewalk and curb. The Commission shall determine
the kinds of trees that should be planted, taking into consideration the space available.
97.08 PERMISSION TO PLANT
(a) Permission must he obtained before planting any tree or shrub in the planting strip
between sidewalk and curb. This permission to plant is granted by the Commission. The goal
of this restriction is to reduce overhead line clearance and tree removal costs, and lessen
potential highway hazards by reducing interference with street lighting and the danger of
falling limbs and trees. The Commission is authorized to refuse the granting of permission
when the planting is likely to create a public danger or nuisance or be detrimental to the
growth of adjacent trees. The purpose of this permission to plant is to insure the planting of
appropriate types of trees and proper spacing along the streets.
(b) No permission is needed to plant trees on private property inside the sidewalk. It is
suggested, however, that the property owner use trees such as those mentioned in this chapter
as being desirable and take into consideration the space available for tree growth.
97.09 PLANTING AND CARE
(a) 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 or she
should familiarize himself or herself with the requirements for successfully transplanting
trees. Property owners should follow the planting guidelines found in the publication of the
Commission called "Richmond, Indiana Street Tree Guide."
(b) All materials to be planted shall be of nursery stock.
(c) 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 over watered. If the soil is heavy and drains poorly the trees
ran be injured by too much water as well as too little. Instructions for watering can be found
in "Richmond, Indiana Street Tree Guide" and in the Street Tree leaflet. Bark or cypress
mulch applied to the soil around the tree will help conserve moisture.
97.10 SPACING OF STREET TREES
(a) The spacing of shade trees classified as small or medium or large in the list of
acceptable trees in "Approved Street Trees for Richmond" shall be established by the mature
height of the street tree and in no instance shall be less than that of the anticipated mature
height of the desired street tree or street trees. Large street trees can be spaced a minimum of
50 feet apart, medium street trees 45 feet apart and small street trees 40 feet apart.
(b) No trees shall be planted within ten feet of a fire hydrant.
(c) No tree shall be planted within three feet of a curb cut.
(d) The clearance from existing features such as utility poles, existing trees, or alley lines
shall be maintained at one-half the anticipated mature height of the tree.
(e) No tree shall be planted within 30 feet of a curb defining an intersection of streets or
the edge of the pavement at an intersection of streets where there is no curb
(f) Areas which are unique for purposes of tree planting should be addressed to the
Commission for study and recommendation.
97.11 PROTECTION OF TREES
(a) No person shall molest, deface, destroy, any street tree or part thereof, or injure any
street tree, shrub, or plant on 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 street
tree, shrub, or plant that is now or thereafter, growing on a public right-of-way or municipal
property. Owners of property immediately adjacent to a public right of way, or insured
arborists hired by them, members of the Richmond Street Tree crews, members of the
Richmond Street Tree Commission or workers or crews under their supervision, and RP&L in
their work functions may properly prune (as defined by the National Arbor Association) a
street tree; provided, the adjacent property owners shall be limited to pruning at a height not
to exceed ten feet.
(b) No person shall fasten to a street tree or shrub, for the purpose of anchorage, any
wire, rope, chain, or cables. No person shall nail, tie, or in any other manner fasten any cords,
signs, posters, boards, or any other particle to any street tree, shrub, or plant that is now or
may hereafter be growing on any right-of-way or municipal property. The only exception to
this rule will be the 1st year staking of newly planted trees.
97.12 LIABILITY OF CITY AND RESPONSIBILITY OF OWNER OR OCCUPANT
Nothing in this Chapter shall be deemed to impose any liability upon the City or upon any of its
officers or employees nor to relieve the owner and occupant of any private property from the duty to
keep trees and shrubs upon private property in a safe condition.
(Ord. 47-1986; Ord. 9-1988; Ord. 49-1993)
97.13 ABUSE/ILLEGAL ACT
It shall be unlawful for any person to:
(1) Damage, cut, carve or injure any street tree
(2) Attach any sign, wire, or injurious material to any street tree
(3) Cause or permit any wire charged with electricity to come in contact with any
street tree
(4) Violate any portion of this chapter
97.14 PROTECTION DURING CONSTRUCTION OPERATIONS
In connection with the erection, alteration or repair of any building or structure, or other construction
activity, the owner thereof, or his agent or independent contractor, shall take all necessary steps to
prevent injury to any trees or shrubs growing in any public street, alley, way, place or public park.
97.15 REOUIRED PRUNING
Any person who occupies real property abutting a street or alley or sidewalk and has trees or shrubs
on his or her private property with limbs extending over public streets, alleys or sidewalks shall prune
such trees or shrubs in order to prevent such limbs from striking vehicular traffic, pedestrians, and
cyclists and obstructing the view of traffic signs or signals. The minimum clearance shall be 8 feet
over sidewalks and 14 feet over the traveled portion of streets and alleys.
97.16 PUBLIC UTILITIES
Any public utility furnishing services to residents of Richmond, Indiana, may be authorized by the
Director of the Department of Public Works and Engineering to prune and trim street trees as may be
necessary to maintain a safe operation of its business. Such pruning and trimming shall be done in the
manner and methods prescribed by the Commission. Notices of the rules and regulations adopted by
Commission pertaining to public utilities shall be sent by certified mail by the Commission to each
utility servicing the residents of the City of Richmond at least once every calendar year.
97.17 ENFORCEMENT AND PENALTIES
(a) Any person or entity who violates this Chapter shall be guilty of an ordinance
violation and subject to a fine of not less than $25.00 nor more than $250.00. Each act of
violation constitutes a separate offense.
(b) If such violation results in permanent injury or the death of any tree or shrub
protected by this Chapter, the cost of replacement of such tree or shrub shall be borne by the
party in violation in addition to any fine assessed under Part (a) of this section.
(c) In addition to fines, the City of Richmond may seek injunctive relief to obtain
compliance with this Chapter.
(d) All fines collected by the City for violation of this Chapter shall be available to the
Commission for planting projects.
Passed and adopted this 15th_ day of November_ 2004, by the Common Council of the City of
Richmond, Indiana.
S/S Larry Parker President
(Larry Parker)
ATTEST: S/S Karen Chasteen City Clerk
(Karen Chasteen)
PRESENTED to the Mayor of the City of Richmond, Indiana, this 3rd_ day of December _, 2004, at
9:00 a.m.
S/S Karen Chasteen City Clerk
(Karen Chasteen)
APPROVED by me, Sarah L. Hutton, Mayor of the City of Richmond, Indiana, this 3rd_ day of
December , 2004, at 9:05 a.m.
S/S Sarah L. Hutton Mayor
(Sarah L. Hutton)
ATTEST: S/S Karen Chasteen City Clerk
(Karen Chasteen)