[HISTORY: Adopted by the Common Council of the City of Port Jervis 3-14-2011 by L.L. No. 1-2011. Amendments noted where applicable.]
Parks and recreation — See Ch. 389.
Streets, sidewalks and public property — See Ch. 464.
Trees — See Ch. 492.
Editor's Note: This local law also repealed former Ch. 153, Shade Tree Commission, adopted 1-23-1995 by L.L. No. 2-1995 (Ch. 149 of the 1981 Code).
As used in this chapter, the following terms shall have the meanings indicated:
- PARK TREES
- 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.
- STREET TREES
- Trees, shrubs, bushes and all other woody vegetation on land lying between property lines on either side of all streets, avenues or ways and four feet of street frontage property lines within the City.
There is hereby created and established a City Shade Tree Commission for the City of Port Jervis. The Commission shall consist of seven members. Of those seven members, one shall be a resident of the First Ward of the City, one shall be a resident of the Second Ward of the City, one shall be a resident of the Third Ward of the City and one shall be a resident of the Fourth Ward of the City. The remaining three members shall be at-large members and therefore need only to be City residents to qualify to serve. All members shall be appointed by the Mayor with the advice and consent of the majority of the Common Council. A majority shall mean at least five members of the Common Council and not simply the majority of a quorum. Members of the Commission shall serve at the pleasure of the Mayor and Common Council and continue to serve until their replacements are appointed and qualified.
Members of the Commission shall serve without compensation.
The responsibilities of the Commission shall include but are not limited to the following issues: to study, investigate, develop and/or update annually and administer a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees, shrubs and bushes in parks, along streets and in other public areas. This plan shall constitute the Official Comprehensive City Tree Plan for the City of Port Jervis.
The Commission shall choose its own officers, make its own rules and regulations and keep a journal of its proceedings. A majority of the members shall be a quorum for the transaction of business.
The Commission shall develop and maintain a list of desirable trees for planting along streets in three size classes based on mature height: small (under 20 feet), medium (20 feet to 40 feet) and large (over 40 feet). Lists of trees not suitable for planting will also be created by the Commission.
The spacing of street trees shall be in accordance with the three size classes listed in § 153-6, and no trees may be planted closer together than the following: small trees, 30 feet; medium trees, 40 feet; and large trees, 50 feet, except in special plantings designed or approved by a landscape architect.
The distance trees may be planted from sidewalks will be no closer than four feet of street frontage property.
It shall be unlawful for any person to prevent, delay or interfere with the Commission or any of its agents while engaging in and about the planting, cultivating, mulching, pruning, spraying or removing of any street trees or park trees as authorized in this chapter.
The Common Council shall have the right to review the conduct, acts and decisions of the Commission. Any person may appeal from any ruling or order of the Commission to the Common Council, which may hear the matter and make final decisions.
No street trees other than those species listed as small trees in § 153-7 of this chapter may be planted under or within 10 feet of any overhead utility wire.
If any clause, sentence, paragraph, section, or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which judgment shall have been rendered.
This chapter supersedes Chapter 153, which is hereby repealed in its entirety.