Public Hearing - Ordinance To Regulate The Planting, Maintenance, And Removal Of Trees
Begins: 9/12/2022 - 7:00 p.m.
Ends: 9/12/2022 - 7:00 p.m.
At the regularly scheduled meeting on September 12, 2022, the Town Council of Glenwood, Indiana will consider the approval of 2022-10 An Ordinance to regulate the planting, maintenance, and removal of trees. The meeting will be at 7:00 P.M. in the Town Hall.
Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to participate in the public meeting should notify the town as soon as possible but no later than Thursday, September 8, 2022 by 7:00 p.m. Communication can be via phone at 765-679-5600 or email at glenwood.water@gmail.com. A request can also be mailed through the U. S. Postal Service to be received by September 8, 2022.
SECTION I. PURPOSE AND INTENT
The Town of Glenwood, Indiana (hereinafter the “Town”), currently has Ordinance 2010-5 that combines the Glenwood Tree Board criteria with the tree maintenance requirements. This ordinance replaces Ordinance 2010-5. The Glenwood Tree Board was dissolved by the Glenwood Town Council on June 13, 2022.
It is the purpose of this ordinance to promote and protect the public health, safety, and general welfare of the Town of Glenwood by regulation of the planting, maintenance, and removal of trees or shrubs affecting the public right-of-way within the Town of Glenwood.
It is the intent of the Common Council for the Town of Glenwood that the terms of this ordinance shall be construed so as to promote:
The planting, maintenance, and survival of desirable trees with the Town of Glenwood; and
The protection of community residents from personal injury and property damage, and the protection of the Town of Glenwood from property damage, caused or threatened by the improper planting, maintenance, or removal of trees within the Town of Glenwood.
SECTION II. DEFINITIONS
Council: Glenwood Town Council which is the governing body for Glenwood.
Street: The entire width of every public way or right-of-way when any part thereof is open to the public, as a matter of right-of-way, for purposes of vehicular and/or pedestrian traffic.
Street Trees: Herein defined as trees, shrubs, bushes, and all other woody vegetation located on land lying between property lines on either side of all streets, avenues, or ways within the Town.
Tree Lawn: Defined as the area of land between a parcel of privately owned property and any road, street, or highway but which is actually included within said road, street or highway right-of-way.
Park Trees: Herein defined as trees, shrubs, bushes and all other woody vegetation in public parks, and all areas owned by the Town, or to which the public has free access as a park.
Tree Sizes:
Small Trees are designated as those attaining a mature height of twenty (20) to thirty (30) feet.
Medium Trees are designated as those attaining a mature height of thirty (30) to forty-five (45) feet.
Large Trees are designated as those attaining a mature height of forty-five (45) feet or more.
SECTION III. TREE SPECIES AND SPACING
As part of a separate Ordinance for a Tree Planting Policy, the Council shall include the Town Street Tree Planting Specifications (hereinafter referred to as the “Tree Specifications”) which reflects trees to be considered for the Tree Lawn or Street Trees.
No tree may be planted on the Tree Lawn or as Street Trees without written permission of the Council.
SECTION IV. TREE CARE
The Council shall have the right to identify, and may remove or cause to be removed, any tree, plant or shrub or part thereof located on either public or private property within the Town 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 and which represents a threat to public safety.
If a public tree is removed, the stumps shall also be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground or the average grade level.
Every owner of a tree located on private property which is overhanging any street or right-of-way within the Town shall prune the branches so that the branches do not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there is a clear space of fifteen feet (15’) above the surface of any street or alley and a clearance space of eight feet (8’) above the surface of any sidewalk. The owner shall remove all dead, diseased or dangerous trees, or broken or decayed limbs which constitute a danger or jeopardize the safety of the public. The Council shall have the right to prune or cause to be pruned, any tree or shrub on the private property when it interferes with the proper spread of light along the street from a street light or interferes with the visibility of any traffic control device or sign.
No person shall attach any wire, nails, advertising posters or other contrivances to any Street Tree.
No person shall carve, cut, damage, transplant or remove any Street Tree on the Tree.
In the event that a public nuisance is not abated by the date specified in the notice prepared by the Glenwood Town Council or designee and mailed to the property owner of record who is in violation of this ordinance, the Glenwood Town Council has the authority to cause the abatement of said public nuisance. The reasonable cost of such abatement may be filed as a lien against the property upon which the public nuisance was located. In addition, the owner of the property upon which the nuisance is located shall be subject to penalties as described in this ordinance.
Tree topping of any Street Tree or other tree on public property is generally prohibited unless topped by a utility company to protect service lines. 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 ordinance at the determination of the Council.
Any tree overhanging the right-of-way of any State Road within the Town may be pruned, cut, and maintained by the Indiana Department of Transportation. Refer to IC 8-23-24 for more information regarding the Indiana laws.
Refer to Indiana law regarding neighbor’s rights if a tree hangs over their property line. Also, refer to Indiana law regarding who is responsible for trees on the border of property lines.
SECTION V. REGULATION OF TREE CARE
A property owner may not be found in violation of this ordinance unless and until the following requirements have been satisfied:
The Town of Glenwood or their designee shall provide written notice, to be personally serviced or sent by mail, to the property owner of record which shall include the following information:
Describe by legal description or by street number the location or premises or location of the public nuisance;
Describe the kind of tree, shrub, or other plant or plant part which has been declared to be a public nuisance, its location on the property; and the reason for declaring it a public nuisance including the section(s) of this ordinance for which the property owner is in violation;
State the actions that the property owner may undertake to abate the public nuisance; and
Require the elimination of the nuisance no less than thirty (30) days after the notice is delivered or sent to the property owner of record.
It shall be unlawful for any person to prevent, delay or interfere with the Council, or any of its agents or town employees, while engaging in the planting, cultivating, mulching, pruning, spraying, or removal of any Street Trees or trees on private grounds, as authorized in this ordinance.
SECTION VI. PENALTIES
A person who violates any section of this Ordinance shall remedy the violation within thirty (30) days of the date written notice of such violation is made.
A person who fails to timely remedy or abate a violation shall be fined in an amount not to exceed two hundred fifty dollars ($250.00) for each such violation. Payment of the penalty shall be paid within ten (10) days from the written billing notification.
In the event that a public nuisance is not abated by the date specified in the notice prepared by the Town of Glenwood or designee and mailed to the property owner of record who is in violation of this ordinance, the Glenwood Town Council has the authority to cause the abatement of said public nuisance. The reasonable cost of such abatement may be filed as a lien against the property upon which the public nuisance was located. In addition, the owner of the property upon which the nuisance is located shall be subject to penalties as described in this section of this ordinance.
The Town may commence an action to enforce any provision of this ordinance in any court of jurisdiction which may include both Rush County and Fayette County courts. The Town shall be entitled to recover all costs of such action, including but not limited to the costs and expenses of remedying the violation, the costs of suit, the penalty assessed, and expenses and reasonable attorney fees incurred by the Town in bringing said action.
Mary M Richardson, Glenwood Clerk-Treasurer
Original source can be found here.
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