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." A list of proven trees deemed adaptable to the street conditions of the town. This list is located in the Town of Pendleton Comprehensive Tree Care Manual.
"BOARD OF ZONING APPEALS." The Town Board of Zoning Appeals as provided by I.C. 36-7-4-900 et seq. and Zoning Code § 153.03.
"CRITICAL ROOT ZONE." A 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.
"MAINTENANCE." Trimming, care, pruning, protection, treatment, and preservation of trees.
"NOTICE OF VIOLATION." A written notice of ordinance violation.
"OWNER." The person in whom is vested the ownership, dominion, or title of property.
"PERSON." An individual, partnership, limited liability company, corporation, firm, and any other association or its agents or organization of any kind.
"PLAN COMMISSION." The town's Plan Commission as established by § 33.15 of this Code of Ordinances.
"PLANNING DEPARTMENT." The town's Planning Department, which generally consists of the Town Manager, the Planning and Zoning Coordinator, and the Building Inspector.
"PUBLIC STREET." The entire area between the boundary lines of every dedicated right-of-way platted for and open to the use of the public, as a matter of right, for the purpose of vehicular and pedestrian traffic within the corporate boundaries of the town.
"PUBLIC TREES." Trees on town-owned platted public areas.
"RIGHT-OF-WAY." Improved or unimproved public property owned by, dedicated to, or deeded to, the public or for the public's use for the purpose of providing vehicular, pedestrian, or other public use. Right-of-way may be in the form of easement or fee.
"SHRUB." A woody plant which is characteristically below 20 feet in height and is multi-stemmed supporting mainly leafy growth.
"STREET TREE." Any tree with 51% or more of its trunk within the public right-of-way.
"TOPPING." The severe cutting back of stubs of limbs larger than three inches in diameter within the tree's crown so as to remove the normal canopy and disfigure the tree.
"TOWN." The Town of Pendleton, Madison County, Indiana.
"TOWN COUNCIL." The duly elected Town Council of the town.
"TOWN MANAGER." The Town Manager of the town or her or his designee.
"TOWN OF PENDLETON COMPREHENSIVE TREE CARE MANUAL." The official arboricultural specifications manual of tree work as adopted by the town which specifies the policies and recommended practices of urban forestry and which includes recommendations of size, spacing, and species of trees in urban forestry.
"TREE." A 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 LAWN." The area within the street right-of-way that can be landscaped, including: medians, the center of roundabouts, the space between the street and the sidewalk, or between a parking lot and the street.
"TREE WORK." The 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 WORK shall also include excavation near trees and the planting of shrubs within the public tree lawn.
"UTILITIES." Both public and private utility companies.
(Ord. 2018-01, passed 2-8-18; Am. Ord. 22-20, passed 5-12-22)