[HISTORY: Adopted by the City Council of
the City of Geneva as indicated in article histories. Amendments noted
where applicable.]
[Adopted 7-3-1968 as Ch. 44, Arts. III, of the 1968 Code]
As used in this article, the following terms
shall have the meanings indicated:
Park trees are herein defined as trees found in public parks
having individual names and in all areas owned by the city to which
the public has free access, including cemeteries.
Street trees are herein defined as trees on land lying between
property lines on either side of all streets, avenues or ways within
the city.
A Shade Tree Committee for the City of Geneva,
New York is hereby established. The Committee shall consist of six
to nine members, appointed by the City Manager and approved by the
City Council. Members should be drawn from a variety of backgrounds,
including tree professionals; scientists; homeowners; the City Engineer
in his capacity as Director of Public Works; and city government.
The services of consultants may be sought from time to time.
The term of office shall be three years, staggered,
with eligibility for reappointment. In the event of a vacancy during
the term of an appointment, a successor shall be appointed to fill
the unexpired term and shall be eligible for a full three-year appointment
thereafter.
Members of the Committee shall serve without
compensation. The Committee will have no budget.
A.
It shall be the responsibility of the Committee to
study, investigate, develop and administer a written plan for the
care, preservation, pruning, planting, replanting and removal of trees
in city parks, along streets and in all public areas. Such plan will
be presented annually to the City Council and upon acceptance shall
constitute the official city tree plan.
B.
The Shade Tree Committee shall promote the establishment
of an inventory of street and park trees, to be updated at least triennially.
C.
The Committee will foster community education via
news media, special occasions such as Arbor Day, and workshops from
time to time.
D.
The Committee will assist the City Manager in preparing
the annual tree budget.
E.
The Committee serves in an advisory capacity to the
Director of Public Works, having no enforcement powers per se.
The Committee shall choose its own officers,
make its own rules and regulations, and keep a record of its proceedings.
A majority of the members shall be a quorum for the transaction of
business. Meetings will be scheduled as activity warrants.
[Amended 5-1-2019 by Ord.
No. 3-2019]
The Shade Tree Committee and the Director of Public Works will
maintain lists of desirable and undesirable trees for planting on
City property. Efforts will be made to assure a wide diversity of
tree species, with no one species constituting more than 10% of the
total urban forest.
[Amended 5-1-2019 by Ord.
No. 3-2019]
The spacing of street trees will be based on tree sizes as follows:
small trees - 15 feet; medium trees - 25 feet; large trees - 35 feet.
Exceptions may be special plantings approved by the Committee. Tree
lawns (the grassy area between curb and sidewalk) must be at least
four feet wide for small tree planting, and at least six feet for
medium and large trees.
A.
The city shall have the right, upon written notification
of the adjacent property owner at least 48 hours in advance, to plant,
prune, maintain and remove trees within the lines of all streets,
public ways and public grounds, as may be necessary to ensure public
safety or to preserve and enhance the symmetry and beauty of such
public grounds.
B.
The Shade Tree Committee may remove or cause to be removed any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to electric power lines, gas lines, water lines or other public utilities; or is affected by any injurious fungus, insect or other pest. This section does not prohibit the planting of street trees by adjacent property owners, provided that the selection and location of said trees be in accordance with §§ 327-7 through 327-9 of this article.
[Amended 5-1-2019 by Ord.
No. 3-2019]
It shall be unlawful as a normal practice for any person, firm
or City department to top any tree on public property. "Topping" is
defined as the severe cutting back of limbs within the tree's
crown to such a degree as to remove the normal canopy and disfigure
the tree. Crown reduction by a qualified expert may be substituted,
as appropriate. (Trees severely damaged by storms or certain trees
under utility wires or other obstructions where other pruning practices
are impractical may be exempted from this rule as the determination
of the Director of Public Works with consultation with the City Arborist.)
[Amended 5-1-2019 by Ord.
No. 3-2019]
Every owner of any tree overhanging any street or right-of-way
within the City of Geneva shall prune the branches so that such branches
shall not severely obstruct the light from street lamps or obstruct
the view of any intersection, and so that the lowest branches are
at least 13 feet above the street surface and at least eight feet
above the sidewalk surface. Said owners shall remove all dead, diseased
or dangerous trees, or broken or decayed limbs which constitute a
menace to public safety. The City shall have the right to prune any
tree on private property which interferes with the proper illumination
by street lamps, or interferes with visibility of any traffic control
device or sign or sight triangle at intersections. Tree limbs that
grow near high voltage lines shall be maintained clear of such conductors
by the electric utility in compliance with applicable franchise agreements.
The utility tree pruning policy must be reviewed by the utility and
the Director of Public Works prior to any pruning by the utility.
All stumps of street and park trees shall be
removed at least six inches below the surface.
In order to maintain the overall urban forest,
all reasonable efforts shall be made to replace trees that are removed
and to protect quality trees that are endangered. Removed trees shall
be replaced, insofar as possible, on a one-for-one basis within one
year. Location, species and planting technique shall be determined
by the committee. Street trees shall be protected as much as possible
from damage during construction, sidewalk repair, utilities work above
and below ground and other similar activities. The zone of protection
shall include the ground beneath the tree canopy. In-ground tree planters
in sidewalks shall be at least six feet square and covered with bricks
or pavers as appropriate.
The City of Geneva has an active policy to maintain
the safety of public lands from potentially hazardous trees. The city
will endeavor to eliminate, in a timely fashion, any tree deemed hazardous.
When available fiscal, equipment or human resources limit the ability
of the city to remove high-risk trees, priority shall be placed on
trees deemed to carry the highest risk. The standard for rating the
level of hazard of a particular tree will be the International Society
of Arboriculture's twelve-point hazard evaluation system. The Director
of Public Works will administer this program and have final judgment
in all matters concerning the mitigation measures taken for any tree
deemed hazardous.
It shall be unlawful for any person to prevent,
delay or interfere with the Geneva Shade Tree Committee, or any of
its agents, while engaging in and around the planting, cultivating,
mulching, pruning, spraying or removing of any street tree or park
tree, as authorized in this article.
It shall be unlawful for any person or firm
to engage in the occupation of pruning, treating or removing street
or park trees within the city without a license. No license shall
be required of any public service company, including electric utilities
and their agents and contractors or city employees doing such work
in the pursuit of their normal endeavors.
[Added 5-1-2019 by Ord. No. 3-2019]
The standard of tree care, as adopted by the Shade Tree Committee,
shall be the most recent version of the American National Standard
for Tree Care Operations, ANSI A300 - Part 1.
No person shall mutilate, vandalize, carve or otherwise damage any public tree. When, as determined by the Shade Tree Committee, such damage results in destruction or removal of a tree, the guilty party shall replace that tree with a tree of equivalent value and species, or otherwise be subject to provisions of § 327-19, hereby appended.
Any person violating any provision of this article
shall be, upon conviction or a plea of guilty, subject to a fine not
to exceed $1,000.
The Geneva City Council shall have the right
to review the conduct, acts and decisions of the Shade Tree Committee.
Any resident may appeal from any ruling or order of the Shade Tree
Committee to the City Council, who may hear the matter and render
a final decision.
[Adopted 7-3-1968 as Ch. 80 of the 1968 Code]
The city elects to exercise and enjoy the powers
and immunities prescribed and granted in §§ 164, 165
and 167 of Article 14 of the Agriculture and Markets Law with respect
and in regard to the dutch elm disease within the limits of the city.
