CHAPTER 96
TREES AND SHRUBS
Section
96.05 Tree trimming and removal
96.08 Damaging and injuring trees
96.01 APPLICABILITY.
This chapter applies to all trees, plants, shrubs, or other foliage located within the street right-of-ways, parks, public places within the city, and to trees, plants, shrubs, or other foliage located on private property that encroach on, or into, any public property or right-of-way, or that constitute a public hazard or threat as described herein.
(Ord. 20-06, passed 11-13-06; Am. Ord. 20-2008, passed 7-28-08)
96.02 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CITY ARBORIST. An employee of the city, assigned by the Mayor to oversee the proper planting, removing, maintenance and protection of trees in the city.
EXCAVATING. To dig out and remove.
PRIVATE CONTRACTOR/TREE SERVICE. An individual or organization engaged in the business of pruning, spraying, injecting chemicals, or removing trees or shrubs or stumps for compensation.
PRIVATE PROPERTY. The person owning such property as shown by the County Auditor’s plat of the city.
PUBLIC TREE. Any tree, park tree, shrub or other foliage on city property.
RIGHT-OF-WAY. That strip of land dedicated to, or over which is built, public streets, sidewalks and alleys, or used for or dedicated to utilities installation within the RIGHT-OF-WAY. The RIGHT-OF-WAY is an easement over the land of the adjoining property owner.
TOPPING. The severe cutting back of limbs to stubs within the tree’s crown to such a degree so as to remove the normal canopy and disfigure the tree.
(Ord. 20-2008, passed 7-28-08)
96.03 AUTHORITY.
(A) The Mayor shall administer and enforce any matter pertaining to the City of Rensselaer Tree Ordinance. This program will be supported by a City Tree Advisory Committee, city departments and organizations within the city.
(B) The Mayor shall appoint a Director for the City Tree Advisory Committee, who shall serve a two-year term. The Director will report to the Mayor and City Council periodically. The City Tree Advisory Committee will be composed of five members.
(C) The Mayor will also assign a city employee to serve as Arborist, who shall oversee that proper planting, removing, maintenance and protection of trees is observed in the city. The Arborist will serve as a liaison to the City Tree Advisory Committee.
(Ord. 20-06, passed 11-13-06; Am. Ord. 20-2008, passed 7-28-08)
96.04 LANDSCAPING.
In the platting and/or creation of any new subdivisions within the city, or when new development of commercial property occurs, any such development’s landscaping plans must meet with the requirements of the city’s Subdivision Control Ordinance.
(Ord. 20-2008, passed 7-28-08) Penalty, see § 96.99
96.05 TREE TRIMMING AND REMOVAL.
(A) Trees that have grown into the overhead power lines will be trimmed or cut down by the city, based upon the following:
(1) If the tree is located directly underneath the lines and will keep growing back into the lines, the tree will most likely be cut down.
(2) If only part of the tree is growing up into the power lines, only that part will be trimmed/pruned in an arboriculturally correct manner, and according to ANSI A300 (American National Standards).
(3) It is the owner’s responsibility to remove limbs or plants that have grown into the overhead secondary service conductors (the bundle set of three wires on the utility pole) that come into the owner’s residence or business.
(B) When removing or trimming a tree from private property and there is the threat of coming in contact with the secondary line leading into a home/building, property owners must contact the electric utility beforehand, to make arrangements to have the line temporarily removed for safety purposes.
(C) Prior to removal, property owners must notify the Building Department to verify if an excavating permit will be required.
(D) Property owners must contact the Street Department whenever removing or trimming a tree, to make arrangements for curbside pickup of the brush and tree branches. (Note: If a private contractor is hired, the expense and responsibility of the brush/tree removal is assumed by the property owner and/or the contractor.)
(E) All public or private trees that overhang sidewalks or traveled portions of streets shall be trimmed to a height of not less than eight feet over sidewalks and 14 feet over streets.
(F) 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 removed.
(Ord. 20-06, passed 11-13-06; Am. Ord. 20-2008, passed 7-28-08) Penalty, see § 96.99
96.06 PLANTING TREES.
(A) Prior to planting, property owners must notify the Building Department to verify if an excavating permit will be required.
(B) To protect the sidewalk, all trees planted by any property owner on his or her property shall be planted at least ten feet away from any inner sidewalk line adjacent to the property.
(C) Trees and/or shrubs shall not be planted where they can interfere with overhead utility lines or create irresolvable public safety hazards along right-of-ways.
(Ord. 20-06, passed 11-13-06; Am. Ord. 20-2008, passed 7-28-08) Penalty, see § 96.99
96.07 PRIVATE TREES.
(A) The city shall have the right to cause the removal of any dead or diseased trees on private property within the city, when such trees constitute a hazard to life and property, or harbor insects or disease that constitute a potential threat to other trees within the city. In the event of failure of owners to comply with such provisions, the city shall have the authority to remove such trees, and to charge the cost of removal on the owner’s property tax notice.
(B) Trees and shrubs on private property that may affect the safety and welfare of other trees and people other than the owner (due to, for example, infectious disease or insect problems, dead and dying limbs, limbs obstructive to street lights and traffic signs) will require coordination between the owner and the city, in order to inspect the situation and eliminate the hazard properly.
(C) All dead trees on private property shall be removed by the owner of such property.
(Ord. 20-06, passed 11-13-06; Am. Ord. 20-2008, passed 7-28-08) Penalty, see § 96.99
96.08 DAMAGING AND INJURING TREES.
It shall be unlawful for any person to:
(A) Damage, cut, carve or injure any part of a public tree in a way that adversely affects its health, strength, appearance, function or longevity.
(B) Attach any sign, wire, or injurious material to any public tree. However, wires or other supports used to straighten trees shall not be deemed unlawful.
(C) Fasten an animal to a public tree or shrub.
(D) Allow any gaseous, liquid, or solid substance harmful to trees to come in contact with the roots, leaves, or bark of any public tree.
(E) Allow the topping of any street tree, park tree, or other tree on public property.
(F) Fail to notify the Building Department to verify the need for an excavation permit in planting or removing trees.
(G) Deviate from requirements specified in the Subdivision Control Ordinance.
(Ord. 20-06, passed 11-13-06; Am. Ord. 20-2008, passed 7-28-08) Penalty, see § 96.99
96.99 PENALTY.
(A) Provisions to enforce this chapter are established by I.C.33-6-1, and accepted by Ordinance 12-2008, adopted December 8, 2008.
(B) Enforcement will be under the auspices of the city Ordinance Violation Bureau. Fines will range from $50 to $250, subject to severity and subsequent offenses.
(C) An appeal process is available by request from the Ordinance Violation Bureau.
(Ord. 20-2008, passed 7-28-08)
Cross-reference:
For Ordinance Violation Bureau regulations, see §§ 34.90 et seq.