Chapter 8.20
STRUCTURES, MAINTENANCE OF TREES AND OTHER PLANTS IN PARKWAYS
Sections:
8.20.020 Responsibility for maintenance and care – Paving prohibited.
8.20.030 Structures, bushes, trees, tree stumps.
8.20.040 Conflicts between trees and structures.
8.20.060 Harming public trees prohibited.
8.20.070 Tree care educational material.
8.20.090 Administration and enforcement.
8.20.010 Definitions.
“Landowner” means any person who has an ownership interest in real estate, legal or equitable, partial or absolute, or as a landlord or tenant. Mortgagees or other lien holders shall not be deemed landowners unless and until they acquire ownership by deed or operation of law.
“Parkway” means that area of land lying between the edges of a street, whether paved or unpaved, and the edge of the sidewalk adjacent to and parallel to said street. Where the sidewalk is placed at the edge of the street, whether paved or unpaved, the term shall mean and refer to the area of land between the edge of the sidewalk and aligned parallel to and within the public right-of-way of said street. Where no sidewalk exists, the term shall mean and refer to that area of land lying between the edge of a street, and aligned parallel to and within the public right-of-way of said street. In the downtown area, greenways, planters and bump-out structures are contained within the parkway.
“Pave, repave and cause to be paved” means the act of covering or surfacing an area with asphalt, concrete, gravel, rock or other materials used in road and street construction.
“Person” means any contractor, landowner, individual, corporation, partnership, joint venture, trust, trustee, beneficial owner of a land trust, nominee of a landowner or any other legal entity.
“Pruning” means the removal of selected limbs or branches to improve form, reduce risk of failure, provide clearance for utilities or other structures, reduce wind resistance and damage, maintain overall tree health, and improve overall aesthetics.
“Topping” means the removal of whole tops of trees or large branches and/or trunks from the tops of trees, leaving stubs or lateral branches that destroy the existing symmetrical appearance or natural shape of the tree. This definition includes “heading,” “tipping,” “hat-racking” and “rounding over,” which are other terms meaning “topping.” [Ord. 1670 § 1, 2018].
8.20.020 Responsibility for maintenance and care – Paving prohibited.
(A) Except where the town has accepted responsibility for maintenance of parkway streetscape (i.e., the downtown area), the person whose property abuts a street or alley shall maintain and care for any parkway that adjoins or is a part of his property. Such maintenance and care shall include, but not be limited to, the planting and regular mowing of grass, planting, trimming and removal of bushes and trees and the maintenance of flower beds, all in good condition. The town will assume responsibility for parkway tree planting, pruning, maintenance and removal where limbs obstruct use of streets. A person whose property abuts a street shall be responsible for pruning trees where limbs overhang and obstruct use of sidewalks or driveways.
(B) A person whose property abuts the parkway in the downtown area shall be responsible for trash removal from greenways, planters and bump-out streetscape structures installed in the parkway.
(C) No person may hereafter pave, repave or cause to be paved all or any part of a parkway, except to provide an apron for driveway access to the property or adjoining property except as provided in subsection (D) of this section. All driveway aprons constructed subsequent to the passage of the ordinance codified in this chapter shall be constructed of concrete, asphalt or brick pavers.
(D) Whenever a person desires to utilize the parkway area for parking due to a hardship, the person shall file an application with the public works director. The application shall include the following:
(1) Name.
(2) Address.
(3) Nature of hardship.
(4) Plans and specifications that detail the method of paving the parkway, including size of the area, cross-section and type of materials. [Ord. 1670 § 1, 2018].
8.20.030 Structures, bushes, trees, tree stumps.
(A) Except where the town has accepted responsibility for maintenance of parkway streetscape (i.e., the downtown area), no structures, fences, barriers, ties, boulders, temporary signs or objects higher than eight inches above grade may be placed in a parkway. No raised structures or material of any kind or height may be placed near existing parkway or public property trees, that when filled with soil or other material results in any change of the existing grade near the root flare of the tree. Notwithstanding anything to the contrary herein, mailboxes, fire hydrants, street signs, utility poles and other public utility equipment may be placed in a parkway.
(B) Except for structures installed prior to April 23, 2007, no basketball goal, goalpost, or backboard may be permanently installed within the parkway or public right-of-way.
(C) No bush or tree may be removed or planted in a parkway without the prior approval of a permit by the public works director or his designee. Pruning of limbs less than three inches in diameter is exempt from permit requirements. A utility or contractor may secure an annual permit for tree trimming, removal and planting activities within the town, provided the utility or contractor provides assurance it will abide by terms of this chapter. In approving or disapproving a permit application, the public works director, or his designee, shall consider the following facts:
(1) The effect the proposed bush or tree may have upon vehicular and pedestrian safety; and
(2) The effect the proposed bush or tree may have on any public improvement, including but not limited to streets, alleys, sidewalks, sewers, water lines, and other utilities.
(D) A person, a utility or contractor shall secure a permit for removal or replacement of a parkway tree.
(E) The public works director, or his designee, shall approve or disapprove a permit application within 10 business days of its submission in writing.
(F) Whenever any tree is removed from a parkway, the stump and roots below grade shall be removed, the adjacent ground area shall be leveled and grass shall be planted upon the place where the tree was located. [Ord. 1670 § 1, 2018].
8.20.040 Conflicts between trees and structures.
Where sidewalk or curb damage due to tree roots occurs, every effort shall be made to correct the problem without removing or damaging the tree. The public works director shall be responsible for developing or approving corrective measures. Corrective action may include alteration of sidewalk and/or curb construction. [Ord. 1670 § 1, 2018].
8.20.050 Topping prohibited.
The practice of topping and/or other especially destructive maintenance practices such as severely trimming trees in parkways is strictly prohibited. “Severely trimming” shall mean the cutting of the branches and/or trunk of a tree in a manner which will substantially reduce the overall size of the tree area that destroys the existing symmetrical appearance or natural shape of the tree. The standards identified in ANSI A300, which describe acceptable tree trimming specifications and methods, are incorporated herein by reference and made a part of this code, with two copies on file in the office of the clerk-treasurer and available for public inspection, pursuant to IC 36-1-5-4. [Ord. 1670 § 1, 2018].
8.20.060 Harming public trees prohibited.
It shall be a violation of this chapter for any person to abuse, destroy or mutilate any tree, plant or shrub in parkways, the right-of-way or any other public place, or to attach or place any rope, wire (other than one used to support a young or broken tree), chain, sign, poster, handbill or other things to or on any tree growing in a public place, or to allow any gaseous, liquid or solid substance which is harmful to such trees to contact their roots, trunks, or leaves. [Ord. 1670 § 1, 2018].
8.20.070 Tree care educational material.
Information will be placed on the town’s website and at other locations accessible to residents presenting educational material and standards for the care and maintenance of trees. The information will include a recommendation to plant a wide variety of trees to prevent a single pest or disease from killing the entire tree inventory, a list of acceptable trees, instruction on mulching, instruction on how to prevent mower/trimmer tree damage and references to other publications related to the care and maintenance of trees. [Ord. 1670 § 1, 2018].
8.20.080 Prohibited species.
(A) All trees that will grow to exceed 20 feet in height shall not be planted below utility lines.
(B) The Highland tree board whose powers and duties are provided in Chapter 8.25 HMC shall administratively create and periodically update a list of prohibited and approved tree species, which shall be in writing, and shall include categories prohibited, allowed in all areas and limited to public parks and such other categories as the board may deem necessary or desirable.
(C) The tree species list as promulgated from time to time shall be filed with the office of the clerk-treasurer and the public works director. The list shall be made available for public inspection. [Ord. 1670 § 1, 2018; Ord. 1704 § 1, 2019].
8.20.090 Administration and enforcement.
(A) The public works director shall manage the town tree management program, the planting, care, maintenance, removal and replacement of trees and enforcement of this chapter. New trees shall not be planted in parkways without notice and the consent of the adjacent property owner.
(B) The public works director shall make periodic reports on the status of work to promote the planting, maintenance and survival of desirable trees on public property within the town, including recommendations for enhancement of the town’s tree management program.
(C) Notice will be given to a landowner to abate dead, dying, diseased, infested, or dangerous trees that are located on private property. Private property trees are defined as those trees whose trunk, when measured at a point four and one-half feet above ground level (referred to as “diameter at breast height” or “DBH”), is situated more than 51 percent on private property. Trees whose trunks are situated more than 51 percent on public property when so measured will be the responsibility of the town. The town will not remove trees from private property including easements thereon unless the tree has fallen from a private property location onto a public way (sidewalk, alley or street). In these circumstances, the public works department will clear and remove those portions of the tree from the public way.
(D) The town will not remove trees from the public right-of-way unless:
(1) The tree is dead, diseased, or dying;
(2) The tree has fallen or is damaged because of a storm, accident or other means making the tree or its branches an unsafe hazard; or
(3) The roots of a tree are adversely affecting a buried utility line.
(E) The public works director will request a budget in the motor vehicle highway fund each year to replace trees located on public ways that are dead, dying, damaged or unsafe to supplement grant funds that may be secured for replacement trees. The budget request will be sufficient to assure there will be no net loss of tree inventory.
(F) Any person who violates or fails to comply with this chapter, or any part thereof, may be subject to a fine not to exceed $100.00 per day. Every day any violation of this chapter shall continue shall constitute a separate offense. The responsibility for payment of a fine for violation of this chapter by a person or a contractor retained by a person shall be joint and several. [Ord. 1670 § 1, 2018].
8.20.100 Appeals.
A decision of the public works director pertaining to the implementation of this chapter shall be appealable to the town council by filing an appeal within 10 days after inaction or a decision of the public works director. The appeal must be in writing and state the reasons for the appeal. The decision of the town council shall be final subject to an appeal to a court of jurisdiction. [Ord. 1670 § 1, 2018].