[HISTORY: Adopted by the Common Council of
the City of Middletown as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-14-1982 (Ch. 113, Art. II of the 1971 Code);
amended 10-28-2002]
A.
It is hereby found and declared that the City of Middletown,
New York, is situated in an area covered with a wide variety of trees
and shrubs that are a vital part of the heritage passed on to us by
nature and our forefathers.
B.
Trees are valued as a valuable asset, providing a
healthier and more beautiful environment in which to live. They provide
oxygen, shade, beauty and a contrast to the man-made, urban setting.
They help prevent erosion, fill in streams, flash floods and air,
noise and visual pollution.
C.
Trees are economically beneficial in attracting new
industry, residents and visitors. Healthy trees of the right size
and species enhance the value and marketability of property and promote
the stability of neighborhoods.
For the purpose of this article, the following
terms shall have the meaning given herein:
Includes any public park having an individual name.
The boundary line between private property and the City right-of-way.
The person owning such property as shown by the tax map of
the City of Middletown, New York.
All trees hereafter planted by the City on any street, park
or any other public place.
City-owned or -controlled area of ground between the private
property line and the edge of the curb or street.
Any and all trees and shrubs within the City rights-of-way.
That part of the street or highway not covered by sidewalk
or other paving, lying between the property line and that portion
of the street or highway usually used for vehicular traffic.
All tree lawns, parks and other City-owned property, and
all land within any right-of-way of any street or highway.
Any woody plants which have self-supporting aboveground parts
which are viable year round.
A.
There is hereby created and established a Shade Tree
Committee for the City of Middletown, New York, which shall consist
of nine members, who shall be residents of or own a business in the
City, or who live within a thirty-mile radius of the City but reside
or work in New York State, and who shall be appointed by the Mayor
with the approval of the Common Council.
[Amended 10-14-2003; 1-6-2015]
B.
To help coordinate the work of this Committee with
the other departments of government, a representative member of the
Public Works Department or the Department of Recreation and Parks
or the Community Development Office or the Common Council should be
appointed on an advisory basis to this Committee. Lacking the appointment
of such a member, the above-named entities will be kept apprised of
this Committee's work via the receipt of the Tree Committee's minutes.
C.
Term of office. The term of the nine persons appointed
by the Mayor shall be five years, except that the term of office of
two of the members appointed to the first Committee shall be for only
three years, and the term of two members of the first Committee shall
be for two years. In the event that a vacancy shall occur during the
term of any one member, his successor shall be appointed for the unexpired
portion of the term. Two of the members of the Tree Committee shall
be trained in the fields of forestry, botany, horticulture or landscape
design.
D.
Duties and responsibilities.
(1)
It shall be the responsibility of the Committee to
study, develop and/or update annually and administer a written plan
for the care, preservation, planting, replanting, and removal of trees
and shrubs in parks, with the approval of the Recreation Commission,
and along streets and in other public areas. Such plan will be presented
annually to the Common Council and upon its acceptance and approval
shall constitute the Official Comprehensive City Tree Plan for the
City of Middletown, New York.
[Amended 10-14-2003]
(2)
The Committee may provide educational programs and
information regarding the protection, maintenance, removal and planting
of trees in the City.
(3)
The Committee shall choose its own officers, make
its own rules and regulations and keep minutes of its monthly meetings
to be filed with the City Clerk's office. A majority of its members
shall be a quorum for the transaction of business.
[Amended 1-7-2008]
(4)
It will be the duty of the Tree Committee to disseminate
news and information emanating from its work to the Common Council.
(5)
It shall be the duty of the Committee to recommend
the type and kind of trees and shrubs to be planted upon streets and
parks.
(6)
It shall be the duty of the Committee to review applications
for the planting of street trees and shrubs with the purpose of populating
the City with desirable tree and shrub types.
A.
No person shall plant any tree or shrub on any public
street or right-of-way, park or other City-owned property without
the written permission of the Shade Tree Committee.
B.
No street tree shall be planted at a distance of less
than 30 feet from an existing street tree. No street tree or street
shrub shall be planted closer than 10 feet to any fire hydrant. No
street tree shall be planted within 15 lateral feet of an overhead
utility line, five lateral feet of a water or sanitary sewer line,
five feet of a driveway or 25 feet of a traffic control sign.
C.
No tree shall be planted nearer than four feet to
the sidewalk line or other impervious surface, such as curb and gutter
line of the street. No tree or shrub that will grow above 30 inches
in height shall be planted closer than 25 feet to any street corner,
measured from the point of nearest intersecting curbs or edge of pavement
lines.
D.
Exceptions to the restrictions in this section can
be made in extenuating circumstances with the written permission of
the Shade Tree Committee.
A.
It shall be the duty of any person or persons owning
or occupying real property abutting on any street to trim or remove
trees or shrubs growing on their property so that they will not obscure
or interfere with the view of motorists entering any intersection
of the City, obstruct the passage of pedestrians on sidewalks or obstruct
the streetlights or traffic signs. The minimum clearance of any overhanging
portion of any tree shall be eight feet over sidewalks and 14 feet
above the surface of the traveled portion of any street.
[Amended 10-14-2003]
B.
The owner or occupant of property shall treat or remove
any trees suffering from a transmittable disease or insect infestation
which are on such property for which a quarantine order has been issued
and which may affect the health of other trees within the City limits
on public and private property.
C.
It shall be the duty of the Department of Public Works
to trim or remove street trees or shrubs so that they will not obscure
or interfere with the view of motorists entering any intersection
of the City, obstruct the passage of pedestrians on sidewalks or obstruct
the streetlights or traffic signs. The minimum clearance of any overhanging
portion of any tree shall be eight feet over sidewalks and 14 feet
above the surface of the traveled portion of any street. Stumps and
roots of street trees shall be removed at ground level.
[Amended 10-14-2003]
A.
Persons conducting regular maintenance work on trees
or shrubs in the tree protection zones may be granted general permits
by the City of Middletown Department of Public Works to regulate their
work on a yearly basis.
B.
All trees and shrubs in any tree protection zone within
15 feet of any excavation or construction of any building, structure
or street work shall be guarded through the length of the project
as follows:
(1)
For trees or shrubs with a crown spread of eight feet
or less, a good substantial fence, frame or box, which prevents work
or storage inside such structure, not less than four feet high and
eight feet square, shall surround the tree or shrub.
(2)
For trees or shrubs with a crown spread of over eight
feet, a good substantial fence, frame or box, which prevents work
or storage inside such structure, not less than six feet high and
placed at the dripline of the tree or shrub, shall surround the tree
or shrub.
(3)
All equipment, building materials, chemicals, dirt
or other debris shall be kept outside the above barriers at all times
and shall not be allowed to leach into barriers that are on grades.
C.
No person shall excavate any ditches, tunnels or trenches,
or lay any drive, or substantively alter any grade within a radius
of 10 feet of any tree in a tree protection zone without first obtaining
the approval of the Department of Public Works.
D.
No person shall damage, cut, or carve any tree or
shrub in a tree protection zone; attach any rope, wire, nails, advertising
posters or other contrivances to any tree or shrub; allow any gas,
liquid, or solid substance which is harmful to trees or shrubs to
come in contact with any such tree or shrub; or set fire or permit
any fire to burn when such heat of the fire thereof may injure any
portion of any such tree or shrub, without first obtaining a written
permit from the Department of Public Works, said permit to be valid
for only the time period indicated thereon.
E.
No person or City agency shall deposit, place, store
or maintain upon any tree protection zone any stone, brick, sand,
concrete or other materials which may impede the free passage of water,
air or fertilizer to the roots of any tree or shrub growing thereon,
except by written permission by the Commissioner of Public Works.
F.
No person shall drive, park, haul or store any automobile,
truck, trailer, boat, motorcycle, snowmobile or other motorized vehicle
within 25 feet of any tree or shrub in any tree protection zone, except
while within the clearly delineated travel or parking zones of any
roadway, alley or parking lot, without first obtaining permission
from the Department of Public Works. This shall not be construed as
to preclude parking on any gravel, concrete or bituminous driveway
or entryway or operating a motor vehicle on any gravel-surfaced roadway
within 25 feet of such a tree.
In case of emergencies, such as windstorms, ice storms or other disasters, the requirements outlined under §§ 449-5 and 449-6 of this article shall be waived so that the requirements of this article would in no way hinder private or public works to restore order in the City. this article shall not be construed to prohibit any emergency activity immediately necessary to protect life, safety or property. Any such activity shall incorporate reasonable efforts to protect trees and shrubs in tree protection zones from unnecessary damage.
A.
Whenever the Commissioner of the Department of Public
Works determines that there has been a violation or that there are
reasonable grounds to believe that there has been a violation of any
provisions of this article, he or his designee may give notice of
such violation or alleged violation to the person or persons responsible
for such violation. Such notice shall be in writing, specify the alleged
violation, provide a stated time for compliance and be served upon
the person or persons responsible. Such notice shall be deemed to
be properly served upon such person or persons if a copy is served
upon him personally, or posted conspicuously upon the property affected
by such violation, or if a copy thereof is sent by certified mail
to the last known address of such person, or by such other method
authorized by the laws of the State of New York. Such notice shall
contain an outline of remedial action which, if taken, will effect
compliance with the provisions of this article.
B.
If the person upon whom such notice is served fails,
neglects or refuses to complete the remedial action required to effect
compliance with the provisions of this article within the time period
specified in such notice, the City may take appropriate action to
effect compliance at the violator's expense.
C.
Any person who violates any of the provisions of this article or who fails to comply with a notice issued pursuant to Subsection A of this section shall be guilty of an offense within the meaning of the Penal Law of the State of New York and shall be subject to a fine of not less than $50 nor more than $500 and/or up to 15 days in jail, and to a conditional discharge and restitution as provided in § 65.10 of the Penal Law of the State of New York, and each day on which such violation occurs or continues shall constitute a separate offense.
D.
The imposition of the penalties herein prescribed
shall not preclude the City from instituting an appropriate action
or proceeding in a court of competent jurisdiction to prevent, correct
or abate a violation of the provisions of this article.
