HomeMy Public PortalAbout047-1986 - ORDINANCE AMENDING CHAPTER 97 OF THE CITY CODE REGULATING THE PLANTING MAINTENANCE CARE AND REMOVAL OF TREES WITHIN THE PUBLIC RIGHT-OF-WAYAMENDED ORDINANCE NO. 47-1986
AN ORDINANCE AMEN➢ING CHAPTER 97 OF THE RICHMOND CITY CODE REGULATING THE
PLANTING, MAINTENANCE, CARE AND REMOVAL OF TREES WITHIN THE PUBLIC RIGHT--OF-WAY
WHEREAS, trees along city streets provide shade, reduce glare from pavements,
sidewalks, and buildings, muffle noise and may increase property
values; and
WHEREAS, the City of Richmond has many good shade trees, but 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; and
WHEREAS, the Street Tree Commission wants to exercise intelligent control on
the planting and care of trees in the narrow strips of property between
the sidewalk and the street; and
WHEREAS, the intent of this ordinance is, through the preservation, protection
and planting of trees to aid in the stabilization of soil by the
prevention of erosion and sedimentation; reduce storm water runoff and
the costs associated herewith and replenish ground water supplies; aid
in the removal of carbon dioxide and generation of oxygen in the
atmosphere; provide a buffer and screen against noise pollution;
provide protection against severe weather; aid in the control of
drainage and restoration of denuded soil subsequent to construction or
grading; provide a haven for birds which in turn assist in the control
of insects' protect and increase property values; conserve and enhance
the City's physical and aesthetic environment; and generally protect
and enhance the quality of life and the general welfare of the City;
and
WHEREAS, there are varieties of trees that have established records as suitable
for planting in public areas which should be utilized in the City of
Richmond street tree program.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Richmond,
Wayne County, Indiana that Chapter 97 of the Richmond City Code be amended in to
to as follows:
SECTION 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.
(1) "City" is the City of Richmond.
(2) "Municipal Property" is a parkway, parking lot, or
other property under the control or jurisdiction of the
City.
(3) "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.
(4) "Public Right-of-way" is the width between property
lines abutting a street, alley, or boulevard.
(5) "Street Tree" is any tree in a public place.
SECTION 97.02 STREET TREE COMMISSION
There is hereby established a Street Tree Commission of Seven (7)
members to be appointed as follows:
( 1) Three (3) citizen members to be appointed by the Mayor,
for 3-year staggered terms beginning with 1, 2 & 3 year
terms respectively.
(2) Three (3) members to be appointed by members or City
Council, for 3-year staggered terms beginning with 1, 2 & 3
year terms respectively.
(3) One (1) member from the City Planning Commission for
one 1 year.
(4) The director of Public Works, ex officio: and a Park
Board member, ex officio.
Street Tree Commission members will serve without compensation
(gratis). The Street Tree Commission shall elect their own
officers from the members of the Commission. They shall make
their own rules for conducting their meetings.
SECTION 97.03 POWERS AND DUTIES OF THE STREET TREE COMMISSION
(1) The Street Tree Commission shall develop, plan and carry out
plating of trees in the controlled areas of public street
right-of-ways. The Street Tree Commission shall serve as a
standing Commission regarding the care, planting, replanting,
removal or disposition of trees and shrubs in public ways, streets
and alleys, and for special matters not specifically defined by
this Ordinance but which, by their very nature would be a matter
with which the Street Tree Commission should take control over.
(2) The Tree Commission shall give advice to the Council based on
an annual re-evaluation of experience under the ordinance,
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.
(3) The Tree 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, to be known as the "Master Tree List", shall be adopted
by resolution of the Council and may be changed from time to time
by Council resolution.
SECTION 97.04 STREET TREE COMMISSION
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
municipal property.
SECTION 97.05 INTERFERENCE WITH STREET TREE COMMISSION
No person shall hinder, prevent, or interfere with the agents or
representatives of the STREET TREE COMMISSION while engaging in
carrying out the provisions of this chapter.
SECTION 97.06 PLANTING AND REMOVAL
(1) 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 from the Street Tree Commission. Trees to be
planted in the public right-of-way shall be in accordance with the
guidelines specified in "Street Trees for Richmond". The purpose
of this restriction shall be 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 Street Tree Commission shall have
the authority to refuse the granting of a permit when the planting
is likely to create a public danger or nuisance or be detrimental
to the growth of adjacent trees.
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(2) It shall be the duty of the Street Tree Commission to remove,
prune or cause to be removed, all trees, shrubs, or plants that
are planted on the public right -of --way or municipal property,
when in its judgment the pruning or removal will be beneficial to
the peace, health, and safety of the public and public
improvements or where the trees, shrubs, or plants are
detrimental to the growth of adjacent trees. The Street Tree
Commission shall require adequate liability insurance of all
contractors.
SECTION 97.07 LOCATION OF TREES ALONG THE STREET
(1) 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. Usually conditions in this
location are much better for growing trees than in a narrow
planting strip.
(2) Where there is a planting strip of at least four feet, trees
can be grown satisfactorily 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.
SECTION 97.08 PERMISSION TO PLANT
(1) 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 Street Tree Commission. The purpose of
this permit is to insure the planting of good kinds of trees,
properly spaced along the streets.
(2 ) 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 chapter 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.
(3) Permit cost $1.00 per tree.
SECTION 97.09 PLANTING AND CARE
(1) 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
transplanting trees. Property owners must follow the planting
guidelines found in the Street Tree leaflet or in "Street Trees
For Richmond".
(2) All materials to be planted shall be of nursery stock.
(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 over watered. If the soil is heavy and
drains poorly the trees can be injured by too much water as well
as too little. Instructions for watering can be found in "Street
Trees For Richmond" and in the Street Tree leaflet. bark or
cypress mulch applied to the soil around the tree will help
conserve moisture.
SECTION 97.10 SPACING OF STREET TREES
(1) The spacing of shade trees classified as small or medium in
the list of acceptable trees ("Street Trees For Richmond") shall
be established by the mature height of the tree and in no instance
shall be less than that of the anticipated mature height of the
desired tree or trees. Large trees can be spaced a minimum of 50
feet apart, medium trees 45 feet apart and small trees 40 feet
apart.
(2) No trees should be within ten ( 10) feet of a hydrant.
(3) No tree shall be planted within three (3) feet of a curb or
sidewalk outside the street lawn.
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(4) 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.
(5) The street intersection site distance shall be maintained by
disallowing all planting in the triangular area formed by
measuring a distance of 35 feet along each street line, from the
intersection of or the projected intersection of each street
line, and forming said triangle by connecting each 35-foot
distance.
(6) Areas which are unique to this ordinance should be addressed
to the Street Tree Commission.
SECTION 97.11 PROTECTION OF TREES
(1) 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 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 tree, shrub, or plant that is
now or thereafter, growing on a public right-of-way or municipal
property.
(2) 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 on any right-of-way
or municipal property. The only exception to this rule will be
the 1st year staking of newly planted trees.
SECTION 97.12 REMOVAL OF TREES
Any tree removed from the public right-of-way or municipal
property, must be cut low to the ground and no brush, limbs, or
other parts of the tree are to be allowed to remain in any city
street overnight.
SECTION 97. 13 NON -LIABILITY OF CITY
Nothing in this ordinance 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 or under his
control in a 'safe condition.
PASSED AND ADOPTED by the Common Council of the City of Richmond, Indiana this
_day of 1986.
Presldent of ommon Council
ATTEST:
City Jerk
PRESENTED by me to the Mayor of the City of Richmond, Indiana, this /U lay of
1986.
City C1 d"rk
APPROVED by me Frank H. Waltermann, Mayor of the City of Richmond, Indiana, this
/oc�day of , 1986.
4411
ayor
ATTEST:
City erk
DISPOSITION OR ORDINANCE N0.`✓%--198
RESOLUTION NO. -198
by Common Council
RDINANCE ND.
RESOLUTIO NO.
ELSTRO
WILLIAMS
BAODKBANK
HAXKINSON
YHITESELL
PARKER
HUTTON
MORRIS
BODIKER
'DATE & a - &
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DATE PASSED;
COMMITTEE ASSIGNMENTS:
Committee
Committee Hearing Date_
Reassigned to Council Agendh
PUBLICATION DATES:
AMENDMENTS:
Date
COPP[f NIS : Q LR.G O� y/"�" r_ �/,2�'�' ✓J'GP�iLGYI Gj �L / "' % - � �o
NOTICE OF PUBLIC HEARING[
ON ORDINANCE[
NO. 47-1986[
Public Notice is hereby given that the Common Council of the City of Richmond,
Wayne County, Indiana will hold a public hearing on the 7th day of July, 1986
at 7:30 P.M. in the Council Chambers in the Richmond Municipal Building on
Ordinance No. 47-1986-AN ORDINANCE AMNDING CHAPTER 97 OF THE RICHMOND CITY CODE
REGULATING THE PLANTING, MAINTENANCE, CARE AND REMOVAL OF TREES WITHIN THE PUBLIC
RIGHT-OF-WAY.[
All parties interested in or affected by this Ordinance are invited to attend
the public hearing to speak in favor of or in opposition to said Ordinance.[
Mary Merchanthouse[
City Clerk[
Publish Date: June 6, 1986[
Delivered By: cb Via Lisa Terminal modem[
Date Delivered: June 3, 1986[
DISPOSITION OF ORDINANCE NO. Z
RESOLUTIQN NO. -19-8-
by Common Council
Ordinance No.ZL97
Resolution No. —
Elstro
William
Hankinsn
Whites.11
Parker
Hutton
Morris
Theobald
Brookbank
Date _2_:2 -Y 7
Susp. rules Ist read
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Rejection
Date Passed—V—
COMMITTEE ASSIGNMENTS:
Committee_, . Date
Commitee Hearing Date
Reassigned to Council Agenda F 7
PUBLICATION DATES:
AMENDMENTS:
9 7.
COMMENTS:
Intir.# 060686-3
Form Prescribed by State Board of Accounts
General Form No. 99 P (Rev. 1967)
CitG Y,,, ,-„Palladium Publishing Corporation......... Dr.
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1175 North A Street
......... ............................ Wayne ............... County, Indiana Richmond Indiana 47374
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Date: ............ ........ )li1L'..�.�........ , 19 .86 Title ..... Cashier ............................... ...............
PUBLISHER'S AFFIDAVIT
State of Indiana )
..... Wayne ...... County) ss
Personally appeared before me, a notary public in and for said county and state,
the undersigned ..j4& who, being duly sworn, says that he is !vd".abier
of the Palladium -Item a daily newspaper of general circulation printed and published in the
English language in the (city) of Richmond, Indiana in state and county aforesaid, and that the
printed matter attached hereto is a true copy, which was duly published in said paper
for.Otle..tlme....., the dates of publication being as follows: ...................... ...................
...Junec..61...Y-9i3.6............................................ ..................... _j.........
........_................................... _.. _.................`.. .. ...... ..........
S bsc ' a sworn to before me this ....... 9.tb ....... day of ......... J.Un.e...... 19 .Sg
. �. .................✓'°.............................
irginia C. OOleman Notary Public
My commission exires .. Jt'inuary..2.4r.. 19fl7...
Form 836-5M366