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§ 100.01 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   BOARD. The New Albany Board of Public Works and Safety or an agent thereof.
   CITY PROPERTY. All land within the limits of any public street, alleyway and other public place.
   CITY TREE, SHRUB or GROUNDCOVER. Any tree, shrub or groundcover located on city property.
   DIAMETER BREAST HEIGHT. The measurement of a tree's diameter, measured at a height of three and one-half feet above ground level.
   DRIPLINE. The width of a tree crown as measured by the lateral extent of the foliage.
   GROUNDCOVER. With the exclusion of turf grass species and weeds, any woody or herbaceous, perennial, annual or biennial ground-level plant generally used as a landscape amenity.
   HAZARDOUS TREE. A tree, located anywhere within the corporate limits, that poses an imminent threat to the safety of people or property.
   PERSON. Any person, firm, partnership, association corporation, company or organization of any kind.
   SHALL. The act referred to is always mandatory and never merely suggestive.
   SHRUB. Any woody, low-growing, perennial plant generally supported by multiple stems.
   TOPPING. The cutting back of the leading shoot or shoots of major limbs which form the natural canopy of the tree so as to disfigure the tree's crown.
   TREE. Any woody, perennial plant with one or more trunks ordinarily growing to definite heights and generally developing many branches.
   TREE CARE. The treating, spraying, trimming, pruning, removal and any other maintenance or cultural work intended for the enhancement or preservation of trees, shrubs or groundcovers and the removal and prevention of any and all damages to trees, shrubs or groundcovers caused by pests, blights diseases or any other cause.
   TREE PLAT. The unpaved portion of any city street right-of-way or alleyway suitable for the planting of trees, shrubs, groundcovers or turf grasses.
(Ord. G-98-290, passed 12-17-1998)
§ 100.02 JURISDICTION.
   (A)   The Board shall seek the advice of the city's Tree Board in all routine matters regarding or relating to tree care and the planting of trees, shrubs and groundcovers on city property prior to taking action on the matters.
   (B)   The Board shall have the authority to order, control and regulate tree care and planting of trees, shrubs and groundcovers on city property.
   (C)   The Board shall have the authority to adopt and enforce rules, regulations and specifications relative to tree care and planting of trees, shrubs and groundcovers on city property.
   (D)   The Board shall have the authority to order, control and regulate the removal of dead and diseased trees, or portions thereof, which constitute a menace to public safety and health, wherever located within the city.
   (E)   The Board shall have the authority to regulate and prescribe the terms and conditions upon which permits for planting and tree care shall be issued.
   (F)   Upon the discovery of any destructive or communicable disease or other pestilence which endangers the growth or health of trees or threatens to spread disease or insect infestations, the Board shall, at once, cause written notice to be served upon the owner of the property upon which the diseased or infested tree is situated, and the notice shall require the property owner to eradicate, remove or otherwise control such condition within reasonable time to be specified in the notice.
(Ord. G-98-290, passed 12-17-1998)
§ 100.03 PERMITS.
   (A)   Other than in emergency situations which threaten public safety and require immediate action, no person shall perform tree care, as defined in § 100.01, on any city tree, shrub or groundcover without first obtaining the written permission of the Board.
   (B)   Permits are not required for work done by any of the departments of the city, public and private utilities, or their agents and/or contractors; provided, all parties have come into agreement with the Board prior to proceeding with the work.
   (C)   Permits shall be made available without charge or fee.
   (D)   A notice served or decision made by the Board of Zoning Appeals, Plan Commission or Common Council shall act as a permit.
   (E)   Permits shall describe the manner in which work shall be performed and allot a time frame within which the work must be completed.
   (F)   Any permit shall become void if the terms of the permit are violated.
   (G)   The granting or denial of permits by the Board shall be made in accordance with the provisions set forth herein or as otherwise adopted by the Board.
(Ord. G-98-290, passed 12-17-1998)
§ 100.04 PLANTINGS.
   (A)   No tree, shrub or groundcover shall be planted on city property without prior written approval of the Board.
   (B)   The Board shall maintain a list of desirable tree, shrub and groundcover species for planting on city property. Tree species shall be categorized in three size classes based on mature height: small (under 20 feet), medium (20 to 40 feet) and large (over 40 feet).
   (C)   The spacing of tree plantings shall be in accordance with the size class listed in division (B) of this section, in that no trees may be planted closer together than the following: small trees, 30 feet; medium trees, 40 feet; large trees, 50 feet; except in special planting approved by the Board.
   (D)   The distance trees may be planted from curbs or curblines and sidewalks, except where planting wells are utilized, shall be in accordance with the species size classes listed in division (B) of this section, and no trees may be planted closer to any curb or sidewalk than the following: small trees, two feet; medium trees, three feet; large trees, four feet; except in special planting approved by the Board.
   (E)   No tree shall be planted within 35 feet of any street corner, measured from the point of nearest intersecting curbs or curblines.
   (F)   No tree, other than species categorized as small trees in division (B) of this section, shall be planted under or within ten feet laterally of overhead utility wires.
(Ord. G-98-290, passed 12-17-1998)
§ 100.05 TREE PLATS.
   The Board shall have the right, power and authority granted to municipalities under state law to require the owners of parcels of land adjacent to any public street or alleyway of the city to maintain turf grasses and weeds growing upon tree plats in a manner acceptable to the Board.
(Ord. G-98-290, passed 12-17-1998)
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