Hartford City City Zoning Code
CHAPTER 157
URBAN FOREST GREENSCAPE
§ 157.01 DEFINITIONS.
For the purpose of this chapter, the following definitions apply unless the context clearly requires a different meaning.
CITY. Any and all areas within the geographical boundaries set forth as the City of Hartford City, Indiana.
COMMISSION. The Urban Forest Greenscape Commission of the city, as the same is established pursuant to the terms of this chapter.
COUNCIL. The Common Council of the city.
FLORA. All trees, shrubbery, ornamental grasses and other plants which grow to a mature height of more than 12 inches, but expressly excluding weeds and turf grasses of all types.
PARK TREE or PARK TREES. All flora on lands designed as parks having individual names and all other lands owned by the city, or to which the public has free access as the public would for a park.
RIGHT-OF-WAY PLANTING STRIP. Any area of soil or grass located between public sidewalks and curbs or streets.
STREET TREE or STREET TREES. All flora on land lying between property lines on either side of all streets, alleys, avenues and rights-of-way within the city.
(Prior Code, § 18.04.010) (Ord. 2009-11, passed 8-3-2009)
§ 157.02 ESTABLISHMENT AND ORGANIZATION OF COMMISSION.
(A) Establishment. Pursuant to Res. 2009-16, adopted as amended on August 3, 2009, the Council established the Urban Forest Greenscape Commission of the city, consisting of seven members.
(Prior Code, § 18.04.020)
(B) Terms of office.
(1) Res. 2009-16 provides that the Commission shall consist of seven members, three of which shall be appointed by the Mayor of the city, three of which shall be appointed by the Common Council of the city and one of which shall be appointed by the City Parks Department. All members of the Commission shall serve four-year terms, provided, however, that for the purpose of ensuring that the terms of members in the Commission are staggered, the initial members of the Commission shall serve terms as follows.
(a) Two of the initial members appointed by the Mayor of the city and two of the initial members appointed by the Common Council of the city shall serve terms of two years, expiring on December 31, 2011.
(b) One of the initial members appointed by the Mayor of the city, one of the initial members appointed by the Common Council of the city and the one initial member appointed by the City Parks Department shall serve terms of four years, expiring on December 31, 2013.
(2) The appointees shall serve at the pleasure of the appointing individual or entity, and any vacancies which arise in the membership of the Commission shall be filled by the applicable appointing individual or entity for the remainder of the applicable term.
(Prior Code, § 18.04.030)
(C) Compensation. All members of the Commission shall serve without compensation.
(Prior Code, § 18.04.040)
(D) Operation.
(1) The Commission shall choose its own officers, make its own rules and regulations, which shall be consistent with its purpose, and keep records of its proceedings.
(2) A majority of the members of the Commission shall be a quorum for the transaction of business.
(Prior Code, § 18.04.060)
(Ord. 2009-11, passed 8-3-2009)
§ 157.03 DUTIES AND RESPONSIBILITIES OF COMMISSION.
(A) The Commission shall be responsible for reviewing and providing recommendations for landscaping and green space for all property owned by the city, including the maintenance and preservation thereof, and for making monthly reports to the Council regarding said information and recommendations.
(B) It shall also be the responsibility of the Commission to study, investigate, counsel and assist in the development of work plans for the City Street Department, the City Parks Department and any equivalent or comparable departments of the city in matters of the care, preservation, maintenance, removal and planting of all flora on city properties.
(C) The Commission shall be required to do other acts in furtherance of its purpose as may be required by the Council or Mayor.
(Prior Code, § 18.04.050) (Ord. 2009-11, passed 8-3-2009)
§ 157.04 DUTIES OF PROPERTY OWNERS.
(A) The owner of any private property in the city which borders or lies adjacent to any public street, alley, avenue, right-of-way or park upon which any flora may be standing shall prune and maintain the flora so that no obstruction of view by vehicle or pedestrian exists and so that there shall be a clear space of eight feet above any sidewalk surface and 15 feet above any street surface.
(B) The Commission shall have the right to recommend the removal of signs or sight triangles at intersections to the City Street Department.
(Prior Code, § 18.04.130) (Ord. 2009-11, passed 8-3-2009) Penalty, see § 157.99
§ 157.05 PUBLIC INFORMATION AND EDUCATION.
(A) It shall be a common goal of the Commission, the City Street Department and the Council of the city to provide residents of the city with accurate and up-to-date arboricultural and horticultural educational materials to assist them with the success of this chapter.
(B) Information pertaining to this chapter and the locations of educational materials related to this chapter may be obtained by the public from the Mayor of the city or the Commission.
(Prior Code, § 18.04.220) (Ord. 2009-11, passed 8-3-2009)
§ 157.06 EMERGENCY MANAGEMENT; 24- HOUR RESPONSE CREWS.
The Commission shall work with the City Street Department, the City Police Department and the City Fire Department to develop and maintain a 24-hour response of contract tree crews to respond to and assist the City Street Department in the event that storm or disaster restoration becomes necessary.
(Prior Code, § 18.04.230) (Ord. 2009-11, passed 8-3-2009)
§ 157.07 REQUIRED LICENSES AND PERMITS.
(A) License and fee to alter or remove.
(1) It shall be unlawful for any person or firm to engage in the business or occupation of pruning, treating or removing any street tree, park tree or other flora on public lands within the city without first applying for and procuring a license from the city.
(2) The license fee shall be $20 and must be paid annually, in advance and payable to the city. The license shall be good for the 12 consecutive months immediately following payment.
(3) Before any license shall be issued by the city, the applicant must show evidence of possessing liability insurance, with minimum amounts determined to be acceptable by the Board of Public Works for bodily injury and property damage, indemnifying the city or any person injured or damage resulting from the pursuit of the endeavors as herein described.
(B) Permit to plant.
(1) It shall be unlawful for any person to plant any flora on or in part of a public street, alley, avenue, right-of-way, right-of-way planting strip, park or any other public place within the city without the approval of the Commission and the city and without first applying for and procuring a “flora encroachment permit.”
(2) There shall be no fee charged to residents for a flora encroachment permit, but the species and location of any and all flora must be approved prior to the issuance of any permit.
(Prior Code, § 18.04.180) (Ord. 2009-11, passed 8-3-2009) Penalty, see § 157.99
§ 157.20 PROTECTION OF TREES AND FLORA.
(A) In order to maintain the overall urban forest within the city, reasonable efforts shall be made to replace trees which are removed and protect quality trees and flora which are endangered. Reasonable efforts shall be made to ensure that trees removed upon recommendation of the Commission or by natural causes shall be replaced at locations within the urban forest of the city on a one-for-one basis within one year. The Commission shall recommend the location and species of any replacement tree or flora.
(B) Trees and flora of desirable species and good health shall be protected as much as possible from damage during construction, sidewalk repair, curb and street repair, utility work both above and below ground and other similar activities. The zone of protection for trees and flora shall include the ground beneath the canopy of the trees or flora.
(Prior Code, § 18.04.160) (Ord. 2009-11, passed 8-3-2009)
§ 157.21 PUBLIC TREE PRESERVATION AND MAINTENANCE.
(A) The City Street Department shall have the right to plant, prune, maintain and remove flora within the lines of any and all streets, alleys, avenues, rights- of-way, right-of-way planting strips and public lands of the city as may be necessary to ensure public safety, promote quality of life for all residents and preserve or enhance the symmetry and beauty of all public lands of the city.
(B) The Commission may recommend to the City Street Department the removal of any flora, tree or part thereof which is in an unsafe condition, which is infected with any injurious fungus, insect or other pest or which, by reason of its nature, is injurious to sewers, overhead utility lines, gas lines or water lines.
(Prior Code, § 18.04.100) (Ord. 2009-11, passed 8-3-2009)
§ 157.22 APPROVED TREE AND FLORA SPECIES.
(A) The Commission shall assist the City Street Department, the City Parks Department and any equivalent or comparable departments of the city in developing and maintaining a list of approved tree species for planting on public lands within the city. A list of tree species which shall not be approved for planting shall also be created. The lists described in this section shall be approved by the Mayor of the city.
(B) The list of approved trees shall include three size classes based on mature height, which classes shall be as follows:
(1) Small: Under 20 feet;
(2) Medium: 20 to 40 feet; and
(3) Large: Over 40 feet.
(C) Efforts will be made to ensure a diversity of tree species. Trees with widespread disease or other known problems shall be excluded from consideration.
(D) Notwithstanding anything contained in this section to the contrary, no individual or particular tree or plant which is planted and growing in the city as of the date of this chapter shall be subject to the terms or requirements of this section. Questions from the public regarding the lists described in this section may be directed to the Mayor or the Commission.
(Prior Code, § 18.04.070) (Ord. 2009-11, passed 8-3-2009) Penalty, see § 157.99
§ 157.23 PRUNING AND MAINTENANCE STANDARDS.
All tree pruning and maintenance on the public lands of the city shall conform to the ANSI A300 standards for tree care operations. A copy of the ANSI A300 standards shall be available to all city employees and as a matter of public record for all residents of the city.
(Prior Code, § 18.04.110) (Ord. 2009-11, passed 8-3-2009)
§ 157.24 TREE TOPPING.
(A) It shall be unlawful as a normal practice for any person, firm or city department to top a street tree, park tree or any other tree on public property in the city. To TOP a tree shall mean the severe cutting back of limbs within the tree’s crown to stubs larger than three inches in diameter to such a degree so as to remove the normal canopy of the tree and disfigure the tree. Crown reduction by a certified arborist may be substituted where appropriate.
(B) Where other practices are impractical, trees which are severely damaged by storms or other causes and trees under utility wires or other obstructions may be exempted from this section.
(C) Notwithstanding the foregoing, if the Mayor of the city determines that any tree poses a risk to the safety of the public or to life or property as a result of damage it has suffered or by reason of its physical condition, then the tree may be altered in any form or fashion which is deemed necessary by the Mayor in the Mayor’s sole and absolute discretion.
(Prior Code, § 18.04.120) (Ord. 2009-11, passed 8-3-2009) Penalty, see § 157.99
§ 157.25 STUMP REMOVAL.
All stumps of street trees 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.
(Prior Code, § 18.04.150) (Ord. 2009-11, passed 8-3-2009) Penalty, see § 157.99
§ 157.26 SPACING RESTRICTIONS.
(A) No flora shall be planted in a right-of-way planting strip with a width of less than 48 inches. A permit issued by the City Street Department shall be required for the planting of any flora within any right- of-way planting strip greater than 48 inches in width.
(B) There shall be no fee charged to residents for the permit, but the species, spacing and location of any and all flora must be approved prior to the issuance of any permit.
(C) No flora shall be planted within 30 feet of any street corner as measured from the point of nearest intersecting curbs or curb lines.
(D) No flora shall be planted within ten feet of any fire hydrant.
(Prior Code, § 18.04.080) (Ord. 2009-11, passed 8-3-2009) Penalty, see § 157.99
§ 157.27 PROXIMITY TO UTILITIES.
(A) (1) No flora shall be planted under or within ten feet of either side of any overhead utility wire.
(2) No flora shall be planted within eight feet of any underground utility fixture on the maintenance door side of the fixture.
(3) Selected flora species approved only by the local electric utility arborist or representative will be acceptable in these areas.
(B) (1) Tree limbs which grow near overhead utility lines, cables and conductors shall be maintained by the applicable utility company or its agents.
(2) A utility tree-trimming policy shall be reviewed by any affected utility company and the Commission once per calendar year, with the Commission making a report of all policies to the Council or Mayor as soon as practicable following the Commission’s review of the policy or policies with the applicable utility.
(Prior Code, § 18.04.090) (Ord. 2009-11, passed 8-3-2009) Penalty, see § 157.99
§ 157.40 DUTY TO ENFORCE PROVISIONS.
(A) It shall be the duty of the City Street Department to oversee and enforce all sections pertaining to street trees and private property flora issues as set forth within this chapter.
(B) It shall also be the duty of the City Street Department to oversee and enforce all sections pertaining to park trees and flora issues on other lands owned by the city as set forth within this chapter.
(Prior Code, § 18.04.190) (Ord. 2009-11, passed 8-3-2009)
§ 157.41 INTERFERENCE WITH COMMISSION UNLAWFUL.
(A) It shall be unlawful for any person to prevent, delay or interfere with the Commission or its agents while the Commission or its agents are acting as authorized in and pursuant to this chapter.
(B) Notwithstanding the foregoing, city employees or agents acting at the direction or on behalf of the city or any city department shall not be considered a “person” subject to this section.
(Prior Code, § 18.04.170) (Ord. 2009-11, passed 8-3-2009) Penalty, see § 157.99
§ 157.42 REVIEW OF COMMISSION ACTIONS BY COMMON COUNCIL.
The Council of the city shall have the right to review the conduct, acts and decisions of the Commission. Any person may appeal any ruling or order of the Commission to the Council of the city, which may hear the matter and make a final decision.
(Prior Code, § 18.04.200) (Ord. 2009-11, passed 8-3-2009)
§ 157.43 DEAD OR DISEASED FLORA ON PRIVATE PROPERTY.
(A) (1) The City Street Department shall have the right to cause the removal of any dead or diseased flora on private property within the city when such flora constitutes a hazard to the safety of the public or to life or property, or when it harbors insects or disease which constitutes a potential threat to other flora within the city.
(2) The Commission shall have the right to recommend to the City Street Department the removal of flora which meets the standards set forth in this division (A).
(B) The City Street Department shall notify the relevant property owner of record or the existing resident of the property on which the flora conditions exist in writing. Removal shall be done by the relevant owner of record and at the owner’s own expense within 60 days after service of the notice from the City Street Department.
(C) In the event of failure of the relevant owner to comply with said provisions, the City Street Department shall have the authority to remove the flora, charge the cost of removal to the relevant property owner and pursue legal collection and lien remedies, as applicable, to collect the cost.
(D) In lieu of the foregoing remedies available to the city, at the city’s sole and absolute discretion, the city may elect to consider any dead or diseased flora located on private property within the city, when such flora constitutes a hazard to the safety of the public or to life or property, or when it harbors insects or disease which constitutes a potential threat to other flora within the city, to be “weeds and rank vegetation” subject to the terms and provisions of §§ 94.01 through 94.04 and 94.99 of this code, including all terms and provisions related to the cost of removal, administrative fees and enforcement through the use of property liens.
(Prior Code, § 18.04.140) (Ord. 2009-11, passed 8-3-2009) Penalty, see § 157.99
§ 157.99 PENALTY.
(A) Any person, persons, firm, group, corporation, organization or other entity which violates any of the terms, restrictions or provisions of this chapter may be ticketed by an officer of the City Police Department, and thereafter shall be required to pay a civil fine in a sum not to exceed $100 for each violation. A separate violation shall be deemed to be committed on each day during or on which a violation of this chapter occurs or continues.
(B) The civil fine shall be paid through the City Ordinance Violations Bureau established pursuant to Ch. 32 of this code, a copy of which is located at the office of the City Clerk-Treasurer. Accordingly, the procedures, timing and requirements related to the civil fine or fines and the payment thereof shall be consistent with the procedures, timing and requirements set forth in Ch. 32. In particular, the procedures associated with the prosecution of violations of this chapter shall be consistent with those procedures described in §§ 32.05 and 32.06 of this code.
(C) The penalties described in this section shall be in addition to any other costs, expenses or penalties incurred by any property owner in connection with the enforcement of this chapter by the city. For example, any and all costs and expenses incurred by a property owner pursuant to the city’s requirement that the property owner remove dead or diseased flora from the property owner’s private property in accordance with § 157.43 of this chapter shall be in addition to the civil fine set forth in this section.
(Prior Code, § 18.04.210) (Ord. 2009-11, passed 8-3-2009)