[HISTORY: Adopted by the Town Board of the
Town of Manlius 12-20-2023 by L.L. No. 15-2023.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 34,
Tree Commission, adopted 3-27-2002 by Ord. No. 2002-2.
To enhance the quality of life and the present and future health,
safety, and welfare of all residents, to enhance property values,
and to ensure proper planting and care of trees on public property,
the Town Board herein delegates the authority and responsibility for
managing public trees, creates a Tree Commission, establishes practices
governing the planting and care of trees on public property, and makes
provision for the emergency removal of trees on private property under
certain conditions.
As used in this chapter, the following words and phrases shall
have the meanings indicated:
Any activity that removes the vegetative surface cover.
Any injury to or destruction of a tree, including but not
limited to uprooting; severance of all or part of the root system
or main trunk; storage of material on or compaction of the critical
root zone; a substantial change in the natural grade within the critical
root zone or around a trunk; surrounding the tree with impervious
paving materials; or any trauma caused by accident or collision.
All landscaping proposed for the specific purpose of filtering
runoff to waterways, providing visual screening to or from adjacent
properties, and/or to assist in noise abatement where located alongside
a noise abatement structure.
Any tree, or limb thereof, that has an infectious disease
or insect; is dead or dying; obstructs the view of traffic signs or
the free passage of pedestrians or vehicles; or threatens public health,
safety, and welfare.
Wires with greater than 50 volts aboveground.
Any tree or woody vegetation on Town-owned or Town-maintained
property or rights-of-way.
Trees planted in the right-of-way between the pavement edge
and the right-of-way boundary.
The nonstandard practice of cutting back of limbs to stubs
within a tree's crown to such a degree so as to remove the normal
canopy and disfigure the tree.
A plant having a permanently woody main stem(s) or trunk(s),
ordinarily growing to a considerable height.
The extent of the outer layer of branches and leaves of an
individual or group of trees.
All wires, conduits, and pipes underground.
A.
Delegation of authority and responsibility. The Town of Manlius Highway
Superintendent and/or their designee, hereinafter referred to as the
"Highway Superintendent," shall have full authority and responsibility
to plant, prune, maintain and remove street trees and woody plants
growing in or upon all municipal streets, rights-of-way, Town parks,
and other public property. This shall include the removal of trees
that may threaten underground utilities or overhead utility wires
such as electrical, telephone, gas, or any municipal water or sewer
line, or any tree that is affected by fungus, insect, or other pest
disease.
B.
Coordination among Town departments. All Town departments will coordinate
as necessary with the Highway Superintendent and will provide services
as required to ensure compliance with this chapter as it relates to
public trees and street trees occupying rights-of-way, underground
utilities, easements, and other public properties not under direct
jurisdiction of the Highway Superintendent.
C.
Interference. No person shall hinder, prevent, delay, or interfere
with the Highway Superintendent or his agents while engaged in carrying
out the execution or enforcement of this chapter.
The Town Board hereby establishes a Tree Commission, the members
of which shall be appointed by the Town Board.
A.
Purpose. The purpose of the Tree Commission shall be to gather information
and make recommendations to the Highway Superintendent and to the
Town Board with respect to the planting and maintenance of trees in
the Town of Manlius, and shall:
(1)
Coordinate and promote Arbor Day activities;
(2)
Review and update a five-year plan to plant and maintain trees on
Town property;
(3)
Support public awareness and education programs relating to trees;
(4)
Review Town department concerns relating to tree care;
(5)
Submit an annual report of its activities to the Town Board;
(6)
Assist with the annual application to renew the Tree City USA designation;
(7)
Recommend a list of tree species for planting on Town property, street
trees, and a list of prohibited species;
(8)
Identify opportunities for tree-related grant funding and coordinate
application efforts; and
(9)
Other duties that may be assigned by the Town Board.
B.
Membership.
(1)
The Tree Commission shall consist of five members. Each of the commissioners
shall be residents of the Town of Manlius with the exception of one
commissioner upon a finding by the Town Board to be an individual
with demonstrated expertise in one or more areas reasonably related
to the mission and function of the Town Tree Commission.
(2)
Associate members. In addition to its regular members, the Tree Commission
may include up to two associate members who shall be appointed to
one-year terms by the Town Board. Each associate member may attend
meetings and may participate in deliberations, including executive
session deliberations, unless excluded from such executive sessions
by vote of the Commission.
C.
Term of office. The term of those members hereafter appointed to
fill other than an unexpired term shall be so fixed that one term
shall expire at the end of each official year. At the expiration of
the term of a member appointed to a term foreshortened to comply with
the preceding sentence, their successor shall be appointed for a five-year
term. No member shall be appointed to a term longer than five years.
D.
Meetings. The Tree Commission shall meet a minimum of four times
each year, per the schedule developed and approved by the Tree Commission
at the start of each calendar year. All meetings shall be open to
the public. The Board chair may schedule additional meetings as needed.
E.
Compensation. The members of the Tree Commission shall serve without
compensation.
A.
Standards. All planting and maintenance of public trees shall conform
to the American National Standards Institute (ANSI) A-300 Standards
for Tree Care Operations and shall follow all tree care best management
practices (BMPs) published by the International Society of Arboriculture.
B.
Requirements of franchise utility companies. The maintenance of public
trees for utility clearance shall conform to all applicable utility
industry standards.
C.
Planting distances. No tree may be planted within the visibility
triangle of a street intersection or within 10 feet of a fire hydrant.
D.
Planting trees under electric utility lines. For all plantings located
under or within 25 lateral feet of any overhead utility wire, tree
selections shall follow National Grid's Recommended Small Trees
for Planting Under Low Overhead Utility Lines or Confined Spaces.
Substitutions may be submitted to the Highway Superintendent for approval.
A.
It shall be unlawful for any person, firm, or corporation to damage,
remove, or cause the damage or removal of a tree on public property
without written permission from the Highway Superintendent.
B.
It shall be unlawful for any person, firm, or corporation to attach
any cable, wire, sign, or any other object to any street, park, or
public tree.
C.
It shall be unlawful for any person, firm, or corporation to top
any public tree. Trees severely damaged by storms or other causes,
where best pruning practices are impractical, may be exempted from
this provision at the determination of the Highway Superintendent.
D.
Any person, firm, corporation, or Town department performing construction
near any public tree(s) shall consult with the Highway Superintendent
and shall employ appropriate measures to protect the tree(s), according
to procedures contained in the best management practices (BMPs) for
"Managing Trees During Construction," published by the International
Society of Arboriculture.
E.
Each violation of this section as determined and notified by the
Highway Superintendent shall constitute a separate violation.
Every owner of any tree overhanging any street or right-of-way
within the Town shall prune the branches so that such branches shall
not obstruct the light from any street lamp or obstruct the view of
any street intersection and so that there shall be a clear space of
eight feet above the surface of the street or sidewalk. Said owners
shall remove all dead, diseased or dangerous trees or broken or decayed
limbs which constitute a menace to the safety of the public. The Town
shall have the right to prune any tree or shrub on private property
when it interferes with the proper spread of light along the street
from a streetlight or interferes with visibility of any traffic control
device or sign.
All stumps of street and park trees shall be removed below the
surface of the ground so that the top of the stump shall not project
above the surface of the ground.
Any person, firm or corporation violating any provision of this
chapter shall be deemed guilty of a misdemeanor and shall be subject
to a fine not to exceed $500 for each offense.
