Chapter 26
MUNICIPAL STREET TREE REGULATIONS

Sec. 26-1. Definitions.
For the purposes of this chapter, certain terms are defined in this Section. When not inconsistent with the context, words used in the present tense include the future tense, words in the singular number include the plural number, and words in the plural number include the singular number. The word "shall" is always mandatory and not merely directory. The term "person" shall mean an individual, partnership, limited liability company, corporation, or any other association or its agents. Terms not defined in this Section shall have the meanings customarily assigned to them.

B.  Boundary Tree is a tree that meets one (1) or more of the following criteria:

     1.  The stem of the tree straddles the actual property line between Town public property and adjoining property;
     2.  The Town and the adjoining property owner have previously agreed that the tree will identify the property boundary;
     3.  The Town and the adjoining property owner have previously agreed to share the cost of maintaining the tree.

     A boundary tree is the common property of both landowners.

C.  Caliper is the diameter measurement of the trunk taken six (6) inches above ground level for, up to and including four-inch (4") caliper size.

D.  Critical Root Zone is a circular region measured outward from the tree trunk representing the essential area of the roots that must be maintained or protected for the tree's survival. Critical root zone is one foot in radial distance for every inch of tree DBH, with a minimum distance of eight (8) feet. For specimen trees, the formula changes to one and one-half (1.5) feet for every inch of tree DBH.

E.  Crown is the aboveground parts of a tree consisting of the branches, stems, buds, fruits, and leaves. It may also be referred to as "canopy."

F.  DBH means the diameter breast height, or the diameter measurement in inches of the trunk four and one-half (4.5) feet above ground level. If a tree splits into multiple trunks below four and one-half (4.5) feet, the trunk is measured at its most narrow point beneath the split.

G.  Drip line is a vertical line extending from the outermost edge of the tree canopy or shrub branch to the ground.

H.  Specimen Tree or Stand is any tree or grouping of trees that has been determined by the Tree Committee to be of high value because of its species, size, age, form, historical significance, or professional criteria.

I.  Owner-Occupant shall mean the property owner or the residing occupant with the permission of the property owner.

J.  Park Trees are herein defined as trees on Town park areas.

K.  Person means any person, firm, partnership, association, corporation, company, or organization of any kind.

L.  Property Owner shall mean the person owning such property as shown by the County Auditor's Plat of Porter County, Indiana.

M.  Root Barrier is an anchored physical device used to stop or divert the growth of tree roots.

N.  Shrub means a woody plant that is characteristically below twenty (20) feet in height and is multi-stemmed supporting the man leafy growth.

O.  Street means the entire width of every public way or right-of-way when any part thereof is open to the use of the public, as a matter of right, for purposes of vehicular and pedestrian traffic.

P.  Street Trees are herein defined as trees lying on the real estate owned or controlled by the Town, excluding the real estate owned or controlled by the Town Park Department except for an area fifteen (15) feet in depth from the pavement edge on either side of any paved through streets within any park.

Q.  Topping is defined as the cutting back of the leading shoot or shoots of major limbs that form the natural canopy of the tree as to disfigure the tree crown.

R.  Tree means a perennial woody plant, ordinarily with one (1) main stem or trunk, which develops many branches, and which ordinarily grows to a height of twenty (20) feet or more.

S.  Tree Care means the treating, removal, spraying, pruning, and any other tree maintenance or horticultural work intended for the enhancement or preservation of trees and the removal and prevention of any and all damages to any trees caused by tree pests, blights, and diseases.

T.  Tree Lawn is that part of a street or highway, not covered by sidewalk or other paving, lying within the Town's right-of-way.

U.  Trees, Large are designated as those capable of attaining a height of forty-five (45) feet or more at maturity.

V.  Trees, Medium are designated as those capable of attaining a height of thirty to forty-five (30 to 45) feet at maturity.

W.  Trees, Small are designated as those capable of attaining a height of twenty to thirty (20 to 30) feet at maturity.

X.  Wheel Stop shall be a solidly anchored concrete or wooden barrier at least 6 inches in height that is designed to stop the forward motion of a motor vehicle.

Sec. 26-2. Establishment of a Tree Committee.
There shall be created a committee that serves solely in an advisory capacity to the Town Council that shall be known as the "Tree Committee." The Tree Committee shall be composed of three members who are residents of the Town who shall be appointed by the Town Council. The term of office for the members shall initially be two (2) years. After the initial term is over, each successive term shall be one (1), two (2) and three (3) years respectively. All member of the Tree Committee serve at the pleasure of the Town Council and the Town Council has the ability to remove any member at any time for any reason deemed sufficient to the Town Council.

Sec. 26-3. Tree Committee duties and responsibilities.
The Tree Committee shall serve in an advisory capacity to the Town Council on all matters pertaining to these Municipal Street Tree Regulations. Matters upon which the Tree Committee may advise the Town Council include, by are not limited to, the following:

B.  Make recommendations regarding tree care of street trees and park trees and the sodding, seeding, and maintenance of lawns along existing Town streets.

C.  Assist, when requested by the Town Council, in the preparation of grant applications that would fund municipal tree related projects.

D.  Assist the Street Commissioner, when requested, concerning matters contained within these Municipal Street Tree Regulations.

E.  When requested by the Town Council, present inventory of public trees in the Town.

F.  Cooperate with the Indiana Department of Transportation concerning planting efforts along state road right-of-ways with Town boundaries.

G.  Conduct educational programs as necessary while working with private and public agencies and organizations to establish programs for planting and the care of street trees.

H.  Advise, as needed, concerning amendments to these Municipal Street Tree Regulations including the Arboricultural Specifications Manual.

I.  Meet as needed.

J.  Elect a President and Vice President annually and keep a written record of its proceedings, all in accordance with Indiana law.

K.  Shall serve without compensation.

Sec. 26-4. Public tree care by the Town.
The Town shall have the right to plant, prune, maintain, and remove trees, shrubs, and plants within the lines of all streets, alleys, squares, and public grounds as may be necessary to ensure the public safety or to preserve the aesthetics of such public grounds.

Sec. 26-5. Street Commissioner authority.

B.  The Street Commissioner or his designee can cause or order to be pruned limbs or branches of any trees or shrubbery which overhang any Town public property and which constitute a menace to the safety of the public, obstructs the light from any street lamp, obstructs the motorists' view of any street intersection or any traffic control signal or sign, or obstructs or endangers passing vehicles and pedestrians.

C.  The Street Commissioner or his designee will govern the issuance of Tree Work Permits as required by this chapter.

Sec. 26-6. Tree Care - Permit required.
No person, company, or public utility shall plant, remove, excavate within a ten (10) foot radius of, trench within the critical root zone of, or cut above the ground any public tree or disturb or plant any shrubbery within any tree lawn, park, or other public place unless the Town shall have first granted a Tree Care Permit. No permit shall be required for the trimming of any branches with a diameter of three (3) inches or less. No permit shall be necessary for tree removal or trimming in the emergency situations detailed in Section 26-11.

Sec. 26-7. Tree Care - Permit issuance.

B.  The person receiving the permit shall abide by the standards set forth in this chapter including the Arboricultural Specifications Manual of the Town and any additional requirements placed upon the permit by the Street Commissioner.

C.  An annual permit shall be issued to any public utility for trimming and cutting trees in the public right-of-way. The permit application shall include utility trimming schedules and locations.

D.  There shall be no charge for the Tree Care Permit issuance.

Sec. 26-8. Tree Care - contractor permit required.
It shall be unlawful for any person to work for hire performing tree care activities in the Town for private or municipal street trees without first registering with the Clerk-Treasurer for a "contract or permit" and paying the appropriate permit fee pursuant to Section 5-81 through 84 of the Code.

Sec. 26-9. Tree Care - pruning, trimming, and removals.

B.  All trimming, pruning, and any other tree care activities shall comply with good arboricultural practices as delineated in the Arboricultural Specifications Manual of the Town. The person or property owner shall bear the cost of these activities.

C.  It shall be unlawful as a normal practice for any person to top any Street Tree. Topping is defined as severe cutting back of limbs to stubs large than three (3) 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 requirement by a written determination made by the Street Commissioner or his designee.

Sec. 26-10. Tree Care - removal of stumps.
In the process of tree removal, all stumps of Street Trees shall be removed at least six (6) inches below the surface of the ground.

Sec. 26-11. Tree Care - emergency declared.

B.  The Street Department or public utilities may act to trim or remove trees in emergency situations.

C.  Topping and severe cutting back of limbs may be allowed by the Street Commissioner under emergency situations.

Sec. 26-12. Tree Care - proximity to construction and excavation.

B.  No person shall excavate any ditches, tunnels, trenches, or lay any drive within a radius of ten (10) feet from any public tree without first obtaining street cut and tree care permits from the Street Commissioner.

C.  Any and all installations of underground utilities upon the public right-of-way that impact the public trees due to necessary removals or underground conflicts (roots) require a Tree Care Permit and are specifically subject to protection measures designated by the Street Commissioner.

Sec. 26-13. Tree Care - injury to trees.
Unless specifically authorized by the Street Commissioner or Park Superintendent for park trees, no person shall intentionally damage, cut, carve, transplant or remove any public tree; attach any wire, or nails, advertising posters, or other contrivances to any public tree; allow any gaseous liquid or solid substance which is harmful to such trees to come in contact with them; or set fire to or allow to burn when such fire or heat will injure any portion of any public tree.

Sec. 26-14. Tree Planting - general.
The owner-occupant of property abutting public ways may plant street trees in the tree lawn at his or her own expense in strict accordance with the Arboricultural Specifications Manual of the Town and these Municipal Street Tree Regulations. A Tree Care Permit must first be obtained for such a planting.

Sec. 26-15. Tree and shrub planting - species and sizes to be planted.
It should be specifically noted that the Arboricultural Specifications Manual contains a list of acceptable trees including species and sizes to be planted, spacing, distance from curb, sidewalk, and parking, and distance from street corners, fireplugs, utility poles, utilities, and other regulations. In accordance with Section 23-1 of the Code, no person shall plant or maintain any shrubs, bushes, trees or other forms of vegetation or material in such a manner that it obstructs or hinders the passage of pedestrians on sidewalks or vehicular traffic on streets or alleys with the Town.

Sec. 26-16. Alteration of tree lawn.
No person shall pave, gravel, remove or otherwise convert existing grassed tree lawn into hard space with the addition of the aforementioned without the advice of the Tree Committee and the consent of the Town Council.

Sec. 26-17. Violations.
Violations of this chapter shall subject the offender to the General Penalty Provisions of the Code found at Section 1-9, which provides for, among other things, a fine not to exceed $2,500.00 per violation and that every day any violation of this chapter shall continue, shall constitute a separate offense. Additionally, pursuant to Indiana Code 36-1-6-2, the Town may enter onto real property an take appropriate action to bring the property into compliance with this chapter, including but not limited to replanting of trees damaged or improperly removed by the offender, provided, however, before action to bring compliance may be taken, all persons holding a substantial interest in the property must be given a reasonable opportunity to bring the property into compliance. If action to bring compliance is taken by the Town, the expense involved may be made a lien against the property.