NOTICE OF PUBLIC HEARING ON PROPOSED ORDINANCE 2014-11, AN ORDINANCE ESTABLISHING THE CARE AND SPECIFICATIONS OF TREES WITHIN THE TOWN LIMITS OF CHURUBUSCO, INDIANA
Property owners and other interested parties in the Town of Churubusco, Indiana, are hereby notified that Ordinance No. 2014-11, an ordinance to establish care and specifications of trees within town limits. The ordinance was introduced at a meeting of the Town Council held on September 17, 2014. A public hearing of the Town Council will be held at 6:30 p.m., local time, on October 1, 2014, 2014 at the Town Hall, 215 Home Avenue, Churubusco, Indiana, on the matter of the rates and charges. Immediately following the public hearing the Town Council will convene and may consider the adoption of said ordinance.
ORDINANCE 2014-11
AN ORDINANCE ESTABLISHING THE CARE AND SPECIFICATIONS OF TREES WITHIN THE TOWN LIMITS
WHEREAS, the Town of Churubusco recognizes the benefits a healthy urban forest provides to the Town, and;
WHEREAS, the Town has limiting legislation of how to protect and sustain an urban forest.
THEREFORE, BE IT ORDAINED, this ordinance establishes policies, regulations, and standards necessary to ensure that the Town will continue to realize the benefits provided by its urban forest. The provisions of this ordinance are enacted to:
A. Establish and maintain the maximum sustainable amount of tree cover on public and private lands in the city;
B. Maintain city trees in a healthy and nonhazardous condition through good arboricultural practices;
C. Establish and maintain appropriate diversity in tree species and age classes to provide a stable and sustainable urban forest.
- I. DEFINITIONS
- For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ARBORICULTURE, MANAGEMENT, or PRESERVATION. The treating, spraying, pruning and any other tree care work intended for the preservation of trees and the removal and prevention of tree pests, blights and disease of any and all kinds.
PARK TREES. Trees, shrubs, bushes and all other woody vegetation in public parks having individual names, and all areas owned by the town, or to which the public has free access as a park
PERSON. Any person, firm, partnership, association, corporation, company or organization of any kind.
PUBLIC LAND. Any public street, street right- of-way, public highway, public park, and any property around buildings owned or leased by the city within the boundaries of the town.
SHALL. Is always mandatory and not merely suggestive.
TREE or STREET TREE. Trees, shrubs, bushes, and all other woody vegetation on land lying on real estate owned or controlled by the town on either side of all streets, avenues, or ways within the town. It is not the intent of this chapter to affect any tree on private property within the town.
TREE BOARD PRESIDENT. The person authorized to exercise the powers granted to him or her by this chapter.
TOWN. The Town of Churubusco, Indiana.
- ESTABLISHMENT OF A TOWN TREE BOARD
- The Town will create and establish a Town Tree Board which shall consist of the Park Superintendant, the Town Supervisor, an elected official, and two citizens and residents of the Town who shall be appointed by the Town Council.
- TERM
- The term of the citizens and elected official to be appointed by the Council shall be two years. In the event that a vacancy shall occur during the term of any member, his successor shall be appointed for the unexpired portion of the term. Members of the Board shall serve without compensation.
- DUTIES AND RESPONSILITIES
- It shall be the responsibility of the Board to study, investigate, counsel and develop and/or update annually, and administer a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks, along streets, and other public areas. Such plan will be presented annually to the Town Council and, upon their acceptance and approval, shall constitute the official comprehensive tree plan for the town.
- The Board, when requested by the Council, shall consider, investigate, make finding, report, and recommend upon any special matter or question coming within the scope of its work.
- The boundaries of the jurisdiction of the Tree Board shall be designated as the boundaries of the Town.
- OPERATIONS
- The Board shall choose its own officers, make its own rules and regulations, and keep a journal of its proceedings. A majority of the members shall be a quorum for the transaction of business.
- The Tree Board will designate one employee of the Town of Churubusco as the Town Arborist, to serve until he/she resigns or is replaced at their pleasure.
III. TREE SPECIES AND SPECIFICATIONS
- The Tree Board develops and maintains a list of desirable trees for planting along streets in three size classes based on mature height: small (under 20 feet), medium (20 to 40 feet) and large (over 40 feet). Lists of trees not suitable for planting will also be created by the Tree Board.
- The spacing of street trees will be in accordance with the three species size classes and no trees may be planted closer together than the following: small trees, 30 feet; medium trees, 40 feet; and large trees, 50 feet; except in special plantings designed or approved by a landscape architect. Only desirable trees to the area shall be planted, and undesirable trees planted after the enactment of this chapter [___________, 2014] shall be removed at the owner’s expense. No street tree or park tree may be planted so that its center is within 5 lateral feet of an underground storm water line or sewer line.
IV. DISTANCE
The distance trees may be planted from curbs or curb lines and sidewalks will be in accordance with the three species size classes listed in Section III-A, and no trees may be planted closer to any curb or sidewalk than the following: small trees, 2 feet: medium trees, 3 feet; and large trees, 4 feet.
No street tree shall be planted within 35 feet of any street corner, measured from the point of nearest intersecting curbs or curb lines. No street tree shall be planted within 10 feet of any fireplug.
No street trees other than those species listed as small trees in Section III-A may be planted under or within 10 feet of any overhead utility wire.
V. NEW SUBDIVISIONS AND DEVELOPMENT OF COMMERCIAL PROPERTY
A. In new subdivisions or when the development of commercial property occurs, the Town Arborist will review landscaping plans and may require street trees to be planted along any of the streets, parking lots, parks, and other public places abutting lands henceforth developed and/or subdivided.
VI. PUBLIC TREE CARE.
- The town shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to insure public safety or to preserve or enhance the symmetry and beauty of such public grounds.
- The Tree Board may remove or cause or order to be removed, any tree or part thereof which is in an 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 affected with any injurious fungus, insect or other pest. This section does not prohibit the planting of street trees by adjacent property owners providing that the selection and location of said trees is in accordance with Sections III-A through IV-C of this chapter.
VII. TREE TOPPING.
- It shall be unlawful as a normal practice for any person, firm, or town department to top any street tree, park tree, or other trees on public property. Topping is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree’s crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this chapter at the determination of the Tree Board or the Town Arborist.
- Violation of this Section shall result in a penalty of $100
VIII. PRUNING AND CORNER CLEARANCE
- Every owner of any tree overhanging any street or right-of-way within the Town shall prune the branches so that such branches shall not [severely] obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of 13 feet above street surface or eight feet above the sidewalk surface. Said owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public. The town shall have the right to prune any tree or shrub on private property 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. 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. A utility tree trimming policy must be reviewed by the utility company and Town Tree Board prior to any trimming by the utility company.
- Violation of this Section shall result in a penalty of $100
IX. TREE REMOVAL ON PRIVATE PROPERTY
- The Town shall have the right to cause the removal of any dead or diseased trees on private property within the Town when such trees constitute a hazard to life, property, or harbor insects or disease which constitutes a potential threat to other trees within the Town. The Tree Board will notify in writing the owners of such trees via first class mail to the last address on file. Removal shall be done by said owners at their own expense within 30 days after the date of service of notice. In the event of failure of owners to comply with such provisions, the Town shall have the authority to remove such trees and charge the cost of removal on the owners property tax notice plus a penalty of $100.
- All stumps of street and park trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground.
- Violation of this Section shall result in a penalty of $100
X. INTERFERENCE WITH TOWN TREE BOARD
- It shall be unlawful for any person to prevent, delay or interfere with the Tree Board, or any of its agents, while engaging in and about the planting, cultivating, mulching, pruning, spraying, or removing of any street trees, park trees, or trees on private grounds, as authorized in this chapter.
- Violation in this Section shall result in a penalty of $100.
XI. PROOF OF INSURANCE AND BOND
- It shall be unlawful for any person or firm to engage in the business or occupation of pruning, treating, or removing street or park trees within the town without first filing evidence of possession of liability insurance in the minimum amounts of $300,000 for bodily injury and $100,000 property damage indemnifying the Town or any person injured or damaged resulting from the pursuit of such endeavors as herein described.
XII. TREE CAPITAL IMPROVEMENT FUND.
- The Town Tree Board will establish a non-reverting tree capital improvement fund to be used by the Board to accept public and private sector resources for programs of the Board. In the event of the discontinuance of the Tree Board, the remainder of this fund shall revert to the general fund of the Town.
- All fees and fines connected to the enforcement of this chapter shall be deposited into this fund.
- Businesses and citizens may donate to this fund for planting trees as a living memorial in remembrance or in honor of a friend or loved one. Each year, the Tree Board will publish on Arbor Day the names of honored and memorialized persons in the local newspaper.
XIII. REVIEW BY TOWN COUNCIL.
- The Town Council shall have the right to review the conduct, acts, and decisions of the Town Tree Board. Any person may appeal from any ruling or order of the Town Tree Board to the Town Council who may hear the matter and make final decisions.
XIV. REQUESTS FOR PUBLIC TREE ALTERATION.
- No person shall intentionally damage, cut, carve or transplant any street or park tree; permanently attach any rope, wire, nails, advertising posters, or other contrivance to any street or park tree; allow any gaseous liquid or solid substance which is harmful to such trees to come into contact with them; or set fire or permit any fire to burn when such fire or the generated heat will injure any portion of any street or park tree without first filing an application and procuring a permit from the Town Arborist. It shall be unlawful for any individual to remove or to cause to be removed any street or park tree without first having acquired authorization from the Town Arborist.
- All persons engaged in such authorized activities shall abide by all regulated health and safety standards, including American National Standards Institutes (ANSI) Z133.1, ANSI A300, Indiana Pesticide Laws & Regulations where appropriate.
- Application for permits shall be filed with the Town Arborist not less than 30 days prior to the proposed work.
- The Town Arborist shall issue the permit provided for herein if, in his/her judgment and with the approval of the Tree Board, the proposed work is desirable and the proposed method and workmanship thereof are of a satisfactory nature and work will be completed by a licensed and bonded arborist if necessary as described in Section IX-A of this chapter and all other applicable ordinances.
XV. PENALTY
- Any person found to have violated any provision of this chapter shall be subject to a fine of $100.
Approved by the Town Council of Churubusco, Indiana this _____ day of ____________, 2014.
_________________________
Frank Kessler, President
_________________________
Mark Pepple, Vice-President
_________________________
Alan Malcolm, Councilman
ATTEST:
_________________________
Madalyn Sade-Bartl
Clerk-Treasurer
