It is the purpose of this section, to be referred to as the “North Manchester Tree Ordinance”, to promote and protect the public health, safety, aesthetics and general welfare by providing for the regulation of the planting, maintenance and removal of trees, shrubs and other plants within those portions of the town, commonly known as tree lawns, as well as street, alley or other public rights-of-way. It is the intent of this chapter to promote and encourage the planting, proper maintenance, restoration and protection of desirable trees, shrubs and other plants on town property, tree lawns and rights-of-way.
(A) General provisions.
(1) It shall be the responsibility of the Building Commissioner or such other individual or individuals appointed by the Plan Commission to enforce the provisions of this section as is set forth in the Tree Plan and Guidelines Manual developed for the town by the Tree Advisory Commission. Permits shall be obtained from the Building Commissioner or as is otherwise directed by the Plan Commission before trees, shrubs or other plants located on tree lawns, streets, alleys or rights-of-way, are planted, sprayed, treated, pruned, removed or otherwise disturbed. This limitation shall not apply to any emergencies resulting from damaged trees or shrubs when removal is necessary for the purpose of protecting the public health and safety, nor shall it prohibit watering or similar basic care for said trees or shrubs.
(2) The permits referred to above shall be considered promptly upon proper application made to the Building Commissioner, and shall be generally limited to applicants owning or occupying property adjacent to the tree lawn or right-of-way where such tree, shrub or plant is located, unless a public purpose is shown to the satisfaction of the Building Commissioner.
(3) Said permits shall apply to utilities and all other entities both public and private, digging, excavating, trenching, tunneling and the like, in a manner and a location that might affect the health of trees and shrubs covered by this chapter and shall further include any activity that would include attaching any rope, wire, nail, sign or other human-made object to a tree or shrub. Said permits shall not include temporary/seasonal displays or lights that are not intended to remain for more than 45 days and which do not cause damage or leave any object affixed to the tree or shrub.
(4) Said permits may be issued or withheld so as to abate or discourage any activity that may be detrimental to said trees or shrubs.
(5) Issuance of said permits may be subject to specific conditions and terms that are deemed to be appropriate by the Building Commissioner, including, but not limited to, requirements reasonably intended to foster prudent care of the overall appearance of the tree lawn as well as specific trees and shrubs within the tree lawn and rights-of-way, and each applicant shall be required to review and read all appropriate reference and educational materials designated by the Building Commissioner, such as the Tree Plan and Guidelines Manual, originally prepared by the town’s Tree Advisory Commission.
(B) Permits. The Building Commissioner may issue maintenance permits allowing certain individuals or entities to maintain specific trees and shrubs for specific areas, including several trees and shrubs in accordance with the provisions of this chapter and the guidelines then in use by the Building Commissioner and/or Tree Advisory Commission. Such permits may be revoked or amended as is deemed necessary and appropriate by the Building Commissioner.
(C) Planting and maintenance plan.
(1) All new development located adjacent to any tree lawn or street right-of-way and any new parking areas, other than for single-family-residential uses (but including any and all subdivisions), shall submit with any improvement location permit or other similar application, a plan or proposal incorporating the planting and maintenance of appropriate trees and shrubs as a part of said development to be approved by the Building Commissioner in accordance with the guidelines then in use by the town. Such guidelines shall consider, among other concerns, provisions for an appropriate percentage of the area included in said application to become covered by tree canopies as a result of specific plantings required by this chapter and related guidelines.
(2) All parking areas intended for the use of more than five vehicles shall be required to provide for one or more planters within said parking areas for trees and/or shrubs.
(D) Tree buffer. Where a permit is being sought for a property that has a zoning classification that is more intense than adjoining property (i.e., R-3 next to a R-2, or I-1 next to B-2), a planted buffer of trees, shrubs or other appropriate plant material may be required to be placed between said uses as a condition of issuance of a building or occupancy permit.
(E) Conformance with site plan. When site plans are required by any part of this chapter or other requirements of the town, said plans shall specifically locate and identify the type of tree or shrub to be planted, and the applicant or its successor in interest shall be required to provide such planting and shall properly maintain said planting for a minimum period of three years.
(F) Violation. Failure to plant and maintain trees or shrubs in accordance with the provisions of this chapter and within proper husbandry guidelines shall be considered a violation of the terms of this chapter, and the Building Commissioner and other appropriate entities of the town shall be entitled to revoke any such permit issued, or to pursue such breach as a violation of this chapter as is provided herein.
(G) Appeal. Any issues or questions regarding the interpretation or application of the provisions of this section shall be referred to the Board of Zoning Appeals for determination.
(Ord. passed 9-26-2006)