(A) Definitions.
(1) STREET TREES are herein defined as trees, shrubs, bushes and all other woody vegetation on land lying within all rights-of-way of all streets, avenues or ways within the city.
(2) PARK TREES are herein defined as trees, shrubs, bushes and all other woody vegetation in public parks having individual names, and all areas owned by the city, or to which the public has free access as a park.
(3) The word SHALL is always mandatory and not merely suggestive.
(4) The word PERSON means any person, firm, partnership, association, corporation, company, or organization of any kind.
(B) The Tree Manual contains a periodically updated list of Street Tree species for Monticello, Indiana. No species other than those included in this list may be planted as Street Trees without written permission of the Monticello Urban Forestry Board or their representative.
(C) The spacing of Street Trees will be in accordance with the three species size listed in the tree manual, except in special plantings designated or approved by a landscape architect.
(D) The distance trees may be planted from curbs or curblines and sidewalks will be in accordance with the three species size classes listed in the Tree Manual and no trees may be planted closer to any curb or sidewalks than the following: Small Trees, two feet; Medium Trees, three feet; and Large Trees, four feet.
(E) No street tree shall be planted closer than 35 feet from any street corner, measured from the point nearest intersecting curbs or curblines. No street tree shall be planted closer than ten feet from any fireplug.
(F) No street tree other than those listed as small trees in the Tree Manual may be planted under or within ten lateral feet of any overhead utility wire, or over or within five lateral feet of any underground water lines, sewer lines, transmission line or other utility.
(G) (1) The city may plant, prune, maintain and remove trees, plants and shrubs, at their discretion, within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to insure public safety or to preserve or enhance the symmetry and beauty of such public grounds.
(2) The Monticello Urban Forestry Board may cause to be removed, at their discretion, any tree or part thereof which is unsafe condition or which by reason of its nature is injurious to sewers, electrical power lines, gas lines, water lines, or other public improvements. They may also cause to be removed any tree that is affected with any injurious disease, or insects, or is a hazard to life or property.
(H) It shall be unlawful as a normal practice for any person or to top any street tree, park tree, or other tree on public property. 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 section at the determination of the Monticello Urban Forestry Board or its representative.
(I) Every owner of any tree on private property overhanging any street or right-of-way within the city shall prune the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of eight feet above the surface of the street or sidewalk. Said owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public. The city shall have the right to prune any tree or shrub on 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 impede the passage or inhibit usage of public roads, streets, alleys, sidewalks and other public property by any citizen.
(J) No person shall remove, or cause to be removed, a street tree or park tree on city right-of- way without written permission of the Monticello Urban Forestry Board or its representative.
(K) Person or persons involved with the development of new subdivisions of two or more buildings lots within the boundaries of the City of Monticello shall consult with the Monticello Urban Forestry Board to determine that guidelines as presented in this section are adhered to by developers and property owners alike. The Monticello Urban Forestry Board shall make the White County Area Plan Commission aware of this chapter and such guidelines.
(L) All stumps of street and park trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground.
(M) It shall be unlawful for any person to prevent, delay or interfere with the Monticello Urban Forestry Board, or its agents, while engaging in planting, cultivating, mulching, pruning, spraying or removing any street trees, park trees or trees on private grounds, as authorized in this amendment.
(N) It shall be unlawful for any person to engage in the business or occupation of pruning, treating or removing street trees within the city without first applying for and procuring a license. The license fee shall be $25 annually in advance; provided, however, that no license shall be required of any public service company, or city employee doing such work in the pursuit of their public service endeavors. Before any license shall be issued, each applicant shall first file evidence of possession of a minimum amount of $300,000 Comprehensive Single Limit of Liability covering both Bodily Injury and Property Damage, including Products and Completed Operations, and indemnifying the City or any person injured or damaged resulting from the pursuit of such endeavor as herein described. Each applicant must provide the Monticello Urban Forestry Board with a Certificate of Insurance listing the limits of liability provided, name and address of applicant, applicants insurance company, policy number, policy effective and expiration dates, ten day notice of cancellation clause, and naming the City of Monticello as an Additional Named Insured. Cancellation or other termination or any insurance policy for any reasons whatsoever shall automatically terminate a license. License may also be revoked by the Monticello Urban Forestry Board when it has evidence of the failure to apply principles of good arboricultural by a person so licensed.
(O) The Common Council of the City of Monticello shall have the right to review the conduct, acts and decisions of the Monticello Urban Forestry Board. Any person may appeal from any ruling or other of the Monticello Urban Forestry Board to the Common Council of the City of Monticello who may hear the matter and make final decisions. Any person making an appeal from any ruling or order or the Monticello Urban Forestry Board must do so in writing to the Common Council of the City of Monticello within 90 days of such ruling or order.
(P) Any person violating any provision of the chapter shall be, upon judgement of such violation or an admission of such violation, subject to a fine of $50 for each and every violation.
(Ord. 98-8, passed 5-4-98)