(A) For the purposes of this subchapter, 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. Terms not defined in this section shall have the meanings customarily assigned to them.
(B) For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCEPTED STREET TREE LIST. A list of proven trees deemed adaptable to the street conditions of the town. The list is located in the Arboricultural Specifications Manual, which is deemed incorporated by reference into this subchapter. Two copies of the Arboricultural Specifications Manual for the town are on file for inspection in the office of the Clerk-Treasurer.
BOUNDARY TREE.
(a) A tree that meets one 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; and
3. The town and the adjoining property owner have previously agreed to share the cost of maintaining the tree.
(b) A BOUNDARY TREE is the common property of both landowners.
CALIPER. The diameter measurement of the trunk taken six inches above ground level for, up to and including four-inch caliper size.
CRITICAL ROOT ZONE. 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 feet. For specimen trees, the formula changes to one and one-half feet for every inch of tree DBH.
CROWN. The aboveground parts of a tree consisting of the branches, stems, buds, fruits and leaves. It may also be referred to as CANOPY.
DIAMETER BREAST HEIGHT or DBH. The diameter measurement in inches of the trunk four and one-half feet above ground level. If a tree splits into multiple trunks below four and one-half feet, the trunk is measured at its most narrow point beneath the split.
DRIP LINE. A vertical line extending from the outermost edge of the tree canopy or shrub branch to the ground.
OWNER-OCCUPANT. The property owner or the residing occupant with the permission of the property owner.
PARK TREES. Trees on town-owned park areas.
PERSON. Any person, firm, partnership, association, corporation, company or organization of any kind.
PROPERTY OWNER. The person owning such property as shown by the County Auditor’s plat of Marshall County, Indiana.
ROOT BARRIER. An anchored physical device used to stop or divert the growth of tree roots.
SHRUB. A woody plant which is characteristically below 20 feet in height and is multi-stemmed supporting the main leafy growth.
SPECIMEN TREE OR STAND. 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.
STREET. 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.
STREET TREES. Trees lying on the real estate owned or controlled by the town, excluding the real estate owned or controlled by the town’s Park Department, except for an area 15 feet in depth from the pavement edge on either side of any paved through streets within any park.
TOPPING. The cutting back of the leading shoot or shoots of major limbs which form the natural canopy of the tree as to disfigure the tree crown.
TREE. A perennial woody plant, ordinarily with one main stem or trunk, which develops many branches and which ordinarily grows to a height of 20 feet or more.
TREE CARE. 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.
TREE LAWN. The part of a street or highway, not covered by sidewalk or other paving, lying within the town’s right-of-way.
TREES, LARGE. Trees capable of attaining a height of 45 feet or more at maturity.
TREES, SMALL. Trees capable of attaining a height of 20 to 30 feet at maturity.
WHEEL STOP. A solidly anchored concrete or wooden barrier at least six inches in height that is designed to stop the forward motion of a motor vehicle.
(Prior Code, § 77.01) (Ord. 4-2001, passed 8-27-2001)