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HomeMy Public PortalAbout2016-03 - TREE BOARD r k above street surface and of eight(8)ft.above sidewalk or Pathway surface. Said owners shall remove all dead,diseased,or dangerous trees,or broken or decayed limbs which constitute a menace to the public safety. The City shall have the right to prune or remove any tree or shrub overhanging the public right-of- way when it interferes with the proper spread of light along the street from a street light or interferes with visibility of any traffic control device or sign or sight triangle at intersections or otherwise presents a safety concern. SECTION 6-82 DEAD,DISEASED,OR UNSAFE TREE REMOVAL ON PRIVATE PROPERTY The City shall notify in writing the owner of any dead or diseased tree when such a tree constitutes a hazard to life and property,or harbors insects or disease which constitutes a potential threat to other trees within the City. It is the tree owner's responsibility to take the necessary measures to remove or treat these trees to ensure the safety of the Greencastle community. The City may take such measures if the property owner fails to do so,or if there is an imminent safety concern. SECTION 6-83 REMOVAL OF STUMPS All stumps of street trees shall be removed below the surface of the ground. SECTION 6-84 INTEREFERENCE WITH THE CITY TREE BOARD It shall be unlawful for any person to prevent,delay,or interfere with the City Tree Board,or any of its agents,while engaging in and about the planting, cultivating,mulching,pruning,spraying,or removing of any street tree as authorized by this Ordinance. Such interference may result in fines of$100.00 per day or legal action. SECTION 6-85 PERMITS Any person or firm engaging in the business or occupation of pruning,treating,or removing street trees within the City must first apply for and procure a Right-of-Way permit. The permit fee shall be paid in advance to the City through the Greencastle Municipal Utilities Department. All applicants must provide proof of liability insurance prior to conducting any work in the right-of-way. The permit is valid for one year.Appeals of this procedure or requests for extensions of the permit may be submitted to the City Tree Board. SECTION 6-86 REVIEW BY GREENCASTLE COMMON COUNCIL The Greencastle Common Council shall have the right to review the conduct,acts,and decisions of the City Tree Board. Any person may appeal any decision,ruling or order of the Tree Board to the Common Council who may hear the matter and make final decisions. Said appeal must be filed within 30 days of the decision,ruling,or order of the Tree Board. SECTION 6-87 VIOLATION AND PENALTY Any person who violates any provision of this Ordinance or who fails to comply with any notice issued pursuant to the provisions of the Ordinance,upon being found in violation,shall be responsible to pay for No street tree shall be planted in conflict with the rules governing visibility and sight triangles contained in the Greencastle Zoning Code. No tree shall be planted within l Sft. of anv fire hydrant. SECTION 6 -78 UTILITIES AND CABLE TV Trimming of street trees by public and private utility companies is permitted to maintain safe operating clearance from high voltage electric lines. h is also permissible to trim to provide access to poles, cable. and other facilities Tree limbs that grow near high voltage electrical conductors shall be maintained clear of such conductors by the electric utility company in compliance with any applicable franchise agreements. SECTION 6 -79 PUBLIC TREE CARE The City shall have the right to plant. prune. maintain and remove trees. plants and shrubs within the right -of -ways of all streets. alleys. avenues, lanes, parkways. highways. squares and public grounds. as may be necessary to insure public safety or to preserve or enhance the symmetry and beauty of public grounds. Whenever any tree is planted or set out in conflict with the provisions of this Ordinance, the Greencastle Department of Public Works may remove or cause removal of the same. The cost of the removal of such trees may be charged to the property owner responsible for the planting thereof. The Greencastle Tree Board may remove or cause or order to be removed. any street tree or City tree or part thereof which is in unsafe condition or which. by reason of its nature. is injurious to sewers, electric power lines. gas lines. water lines, or other public improvements, or is infected with any injurious fungus. insect or other pest. Property owners wishing to do maintenance or removal work at their own expense on Street trees adjacent to their property must obtain a Right -of Way Permit. It is an unacceptable procedure for the City or any person or firm to top a City street tree. Topping is defined as the severe cutting back of limbs to stubs larger than three inches in diameter with the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree'. Trees near utility lines or in areas that cannot be pruned using acceptable techniques should be removed and a new tree appropriate to the site should be planted. It is the recommendation of the City that all efforts be made to avoid planting over. under or adjacent to utility lines. All plantings should comply with Section(s) 7, 8 and 9 of this Ordinance. SECTION 6 -80 EMERGENCY TREE CARE The City. public utilities. or the Indiana Department of Transportation (INDOT) may act to trim or remove trees in emergency situations when a tree or trees have been damaged by storms or otherwise presents an immediate safety concern. In these situations. they may resort to severe cutting back of the limbs or removal of the street trees but must report all such incidents to the Greencastle Tree Board as soon as practical after the emergency has passed. SECTION 6 -81 PRUNING, CORNER CLEARANCE Owners of trees overhanging a public street or public right -of -way within the City shall prune the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view from any street intersection or impair any sidewalk and/or Pathway. There shall be a clear space of 16 ft. ORDINANCE 2016- 3 AN ORDINANCE ESTABLISHING A TREE BOARD AND REGULATING TREES ALONG PUBLIC WAYS WHEREAS THE SELECTION. PLANTING. MAINTENANCE AND REMOVAL OF TREES. SHRUBS AND HEDGES ALONG PUBLC WAYS ON PUBLIC GROUNDS AFFECT SUCH MATTERS AS PEDESTRIAN AND VEHICULAR SAFETY. CITY LIABILITY FOR THAT SAFETY. THE LOCATION AND MAINTENANCE OF UTILITY SERVCES. GENERAL APPEARANCE OF THE CITYSCAPE. AND THE GENERAL QUALITY OF LIFE OF THE CITY: WHEREAS SINCE IT 1S DETERMINED THAT SUCH SELECTIONS. PLANTING MAINTENANCE AND REMOVAL ARE MATTERS OF CITY -WIDE CONCERN; BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF GREENCASTLE. INDIANA. THAT SECTIONS 2 -135. AND 6 -73 THROUGH 6 -88 OF THE GREENCASTLE CODE ARE HEREBY REPEALED IN THEIR ENTIRETY AND REPLACED WITH THE FOLLOWING: SECTION 2 -135 TREE BOARD a. CREATION AND ESTABLISHMENT OF A CITY TREE BOARD There is hereby created and established a City Tree Board under the direction of the Greencastle Common Council for the City of Greencastle which shall consist of five (5) members. of which at least three (3) of whom shall be citizens and residents of the City. Three (3) mayoral appointments shall be made. The Greencastle Department of Public Works Commissioner and a member of the Common Council shall be the remaining two (2) members of the Tree Board. Any application for permit or approval from the Tree Board shall be directed to the Office of the City Clerk- Treasurer. The Mayor may also appoint ex- officio members including. but not limited to, employees of Forrest Hill Cemetery. the Greencastle Parks and Recreation Department. and the City Planning Department. as needed. b. TERM OF OFFICE OF BOARD MEMBERS The term of the three (3) persons to be appointed by the Mayor shall be three (3) years. The term of one of the members appointed to the first board shall for only one year and the term of one member of the first board shall be for two years. In the event that a vacancy shall occur during the term of any member. his successor shall be appointed by the Mayor for the unexpired portion of the term. Members may serve more than one term on the Tree Board. c. COMPENSATION OF BOARD MEMBERS Members of the Board shall serve without compensation. d. DUTIES AND RESPONSIBILITIES OF THE CITY TREE BOARD It shall be the responsibility of the Board to study. investigate. counsel and develop and/or update and administer a plan for care. preservation. pruning. planting. replanting. removal or disposition of trees and damages equal to the appraised value or replacement value of the tree(s) and public improvements as well as reimbursement to the City for its costs to remove. maintain or replant the trees. A fine of S100.00 per day will be levied for each separate offense. Each day during which any violation of the provisions of this Ordinance shall occur or continue shall be considered a separate offense. PASSED AND ADOPTED by the Common Council of the City of Greencastle, Indiana this Ip day of 2016. CONINION OUNCIL OF THE CITY OF GREENCASTLE. INDIAN i._ _► Adam C.: en Gary Lemon N. Hamme Tyler . i R avi✓ j ! Stacie angdon 'sieve Fields Approved and signed by me this I D"`dav of Il)4j . 2016 at St3 o'clock p .m. Will William A. gory, Jr.. Mayor ATTEST: nd /nbar. Clerk- Treasurer No street tree shall be planted in conflict with the rules governing visibility and sight triangles contained in the Greencastle Zoning Code. No tree shall be planted within 15ft.of any fire hydrant. SECTION 6-78 UTILITIES AND CABLE TV Trimming of street trees by public and private utility companies is permitted to maintain safe operating clearance from high voltage electric lines. It is also permissible to trim to provide access to poles,cable, and other facilities Tree limbs that grow near high voltage electrical conductors shall be maintained clear of such conductors by the electric utility company in compliance with any applicable franchise agreements. SECTION 6-79 PUBLIC TREE CARE The City shall have the right to plant,prune,maintain and remove trees,plants and shrubs within the right-of-ways of all streets,alleys, avenues,lanes,parkways,highways, squares and public grounds, as may be necessary to insure public safety or to preserve or enhance the symmetry and beauty of public grounds. Whenever any tree is planted or set out in conflict with the provisions of this Ordinance,the Greencastle Department of Public Works may remove or cause removal of the same. The cost of the removal of such trees may be charged to the property owner responsible for the planting thereof. The Greencastle Tree Board may remove or cause or order to be removed, any street tree or City tree or part thereof which is in unsafe condition or which,by reason of its nature, is injurious to sewers,electric power lines,gas lines,water lines,or other public improvements, or is infected with any injurious fungus, insect or other pest. Property owners wishing to do maintenance or removal work at their own expense on Street trees adjacent to their property must obtain a Right-of Way Permit. It is an unacceptable procedure for the City or any person or firm to top a City street tree. Topping is defined as 'the severe cutting back of limbs to stubs larger than three inches in diameter with the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree'.Trees near utility lines or in areas that cannot be pruned using acceptable techniques should be removed and a new tree appropriate to the site should be planted. It is the recommendation of the City that all efforts be made to avoid planting over,under or adjacent to utility lines.All plantings should comply with Section(s)7, 8 and 9 of this Ordinance. SECTION 6-80 EMERGENCY TREE CARE The City,public utilities,or the Indiana Department of Transportation(INDOT)may act to trim or remove trees in emergency situations when a tree or trees have been damaged by storms or otherwise presents an immediate safety concern. In these situations,they may resort to severe cutting back of the limbs or removal of the street trees but must report all such incidents to the Greencastle Tree Board as soon as practical after the emergency has passed. SECTION 6-81 PRUNING,CORNER CLEARANCE Owners of trees overhanging a public street or public right-of-way within the City shall prune the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view from any street intersection or impair any sidewalk and/or Pathway. There shall be a clear space of 16 ft.