For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPROVED STREET TREE SPECIES LIST. List of proven trees deemed adaptable to the street conditions of the town. The list is located in an arboricultural specifications manual, also known as the Tree Care Manual, as adopted and amended from time to time by the Tree Commission of the town as established by this chapter, which is deemed incorporated by reference to this chapter.
BOUNDARY TREE. Tree that meets one or more of the following criteria:
(1) The stem of the tree straddles the actual property line between the town public property and the 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. A
BOUNDARY TREE is the common property of both landowners.
COMMISSION. Town Tree Commission.
CRITICAL ROOT ZONE. 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 diameter at breast height (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. Above-ground parts of a tree consisting of the branches, stems, buds, fruit and leaves. It may also be referred to as CANOPY.
DRIP LINE. Vertical line extending from the outermost edge of the tree canopy or shrub branch to the ground.
MAINTENANCE. The trimming, care, pruning, protection and preservation of trees or shrubs.
OWNER-OCCUPANT. Property owner or the residing occupant with the permission of the property owner.
PARK TREES. Trees on town-owned platted park areas.
PERSON. Individual partnership, limited liability company, corporation, firm, any other association or its agents or organization of any kind.
PROPERTY OWNER. Person owning the property as shown on the County Auditor's plat of Marshall County, Indiana.
PUBLIC STREET. Entire area between the boundary lines of every dedicated right-of-way platted for the purpose of vehicular travel. The term includes all platted alleys.
ROADWAY. The part of the street improved, designed or ordinarily used for vehicular traffic.
SHRUB. Woody plant which is characteristically below 20 feet in height and is multi-stemmed supporting mainly leafy growth.
SPECIMEN TREE or STAND. Any tree or grouping of trees that has been determined by the town to be of high value because of its species, size, age, form, historical significance or professional criteria.
STREET. Entire width of every public way or right-of-way when any part thereof is platted and open to the use of the public, as a matter of right, for the purpose of vehicular and pedestrian traffic within the corporate limits of the town.
STREET TREES. Trees lying on the real estate owned or controlled by the town, excluding the real estate owned or controlled as a public park.
TOPPING. Severe cutting back of major limbs to stubs larger than three inches in diameter within the tree's crown to a degree as to remove the normal canopy and disfigure the tree.
TREE. 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. Planting, pruning, removal, treating, spraying, 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 CARE shall also include excavation near trees and the planting of shrubbery within the public tree lawn.
TREE LAWN. Land lying between the boundary of the public street and the roadway except the portion covered by sidewalk or used as a walkway. It may also be referred to as TREE PLOT AREA.
TREES, LARGE. Designated as those capable of attaining a height of 45 feet or more at maturity.
TREES, MEDIUM. Designated as those capable of obtaining a height of between 30 to 45 feet at maturity.
TREES, SMALL. Designated as those reaching no taller than 30 feet in height at maturity.
UTILITIES. Both public and private utility companies.
(Ord. 06-004, passed 8-8-2006)