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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. -2- (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. -3- (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 - & Susp.rules 1st read only ,lTitle lkttliY QJ ......... ` .Seconded ............ .......... .........� v ;Proof of Publication -'% &-let . .....................i.......�,.... I. Seconded ......�. Move v to 2nd reading Second Engrossment Seconded tA.a.(x Susp. rules 3rd Reading 0Ku- ....... .4/................. Seconded u-ct, c� .. ............ ....... ...... . Passage . OR.. .�. 'r Rejection ...rr 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 Title only ------- ------ -------- -------- Seconded -4.& --- - ------ I --------------------------- Proof of Publicaton Seconded ----------------------------------- Move to 2nd read --------------------- Seconded ------------------- ---------- Engrossment ------------ ------------ Seconded - ------ -------- -------- -------------------------------- Susp rules 3rd read ------------------------- ------ -------- -------- Seconded ------ --------------- ---------------- Passage ------ 0 R --------- - ------------------ ------- 1 ------------------- - ------- 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. y.....�G'iCt'�r Q...i.C�LIIiOilti............ To ............... (Governmental Unit) 1175 North A Street ......... ............................ Wayne ............... County, Indiana Richmond Indiana 47374 PUBLISHER'S CLAIM LINE COUNT Display Matter (Must not exceed two actual lines, neither of which shall total more than four solid lines of the type in which the body of the advertisement is set) number of equivalent lines ........................ Head - number of lines 3 • • • • • • • • Body — number of lines ...I........1.5......... Tail — number of lines ..............2........ Total number of lines in notice ........... 24....... . COMPUTATION OF CHARGES .......2.4........ lines, .... RT?e....... columns wide equals .......24....... equivalent lines at ........ *1fr3'.2..... cents per line $.... Lj,6..:..•...•.. Additional charge for notices containing rule or tabular work """""""..... (50 per cent of above amount) ........................ Charge for extra proofs of publication ($2.00for each proof inexcess oftwo) •••••••••••••••••••..... TOTAL AMOUNT OF CLAIM $,. ,4r61.....-- DATA FOR COMPUTING COST Width of single column 8 ems Size of type 6 point Number of insertions .. 1... Size of quad upon which type is cast ..... Pursuant to the precisions and penalties of Ch. 155, Acts 1953, I hereby certify that the foregoing account is just and correct, that the amount is legally du , a er allowing al] 'ust �cred�ian.that no part of the same has been paid. .... .............................�W 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