§ 153.052  STREET TREE STANDARDS.
   All street trees and plantings on or in the public right-of-way shall require the approval of the Public Works Commissioner or his or her designee. The town shall have control of all street trees, shrubs and other plantings now or hereafter planted or allowed to grow within the right-of-way of a designated street tree corridor, and shall have the power to maintain, remove, and replace such trees, shrubs, and other plantings.  Nothing contained within this section shall be deemed to impose any liability upon the town, its officers or employees, nor to relieve the owner of any private property from the duty to keep any tree, shrub or plant within a designated street tree corridor on his or her property or under his or her control in such  condition as to prevent it from constituting a hazard or an impediment to travel or vision upon  any roadway, alley or public right-of-way within the town.
   (A)   Purpose and intent. The purpose of this section is to establish policies, regulations, and standards necessary to ensure that the town will realize benefits provided by street trees and plantings. These provisions are intended to regulate the planting, maintenance, protection and removal of trees and shrubs on or within the public right-of-way.
   (B)   Location.  Right-of-way plantings shall only be permitted within street tree corridors designated by the town.  All street trees and plantings shall be planted under the supervision of the Public Works Commissioner, or his or her designee.
   (C)   Resolution of conflicts between street trees and infrastructure. In the event that sidewalks or curbs are damaged by tree roots, every effort shall be made to correct the problem without removing or otherwise damaging the tree. Corrective action shall only be carried out by the Public Works Commissioner, or his or her designee. Corrective action may include alteration of sidewalk and/or curb construction, or alteration or removal of the tree itself.
   (D)   Minimum spacing requirements.  A minimum distance of 30 linear feet shall be required between street trees located along the same side of the street.  All street trees shall be a minimum of three feet from an existing or planned pedestrian way, unless otherwise permitted by the Public Works Commissioner.
   (E)   Harming street trees prohibited. It shall be a violation of the provisions of this chapter for any person to abuse, destroy or mutilate any street tree, shrub or planting within a street tree corridor designated by the town. This includes, but is not limited to: attaching or placing a rope or wire (other than that used to support a young or broken tree), chain, sign, poster, handbill to or on any tree growing in a public place.  Nor may anyone cause any wire charged with electricity to be placed or attached to any such tree.  Nor may anyone cause or allow any gaseous liquid or solid substance which is harmful to trees to come in contact with their roots, trunks or leaves. In no instance, shall anyone other than the Public Works Commissioner, or his or her designee, perform any arboricultural work on any plant material within the public right-of-way without the express written permission of the Public Works Commissioner, or his or her designee.
   (F)   Street tree specifications.  Refer to § 154.119, of the McCordsville Zoning Ordinance, as amended from time to time.
   (G)   Prohibited street trees.  Refer to § 154.119, of the McCordsville Zoning Ordinance, as amended from time to time.
(Ord. 121410A, passed 1-11-2011)