[HISTORY: Adopted by the City Council of
the City of Canandaigua 11-29-1988 by Ord. No. 88-1 (Chs. 4.24 and 4.40 of
the 1997 Municipal Code). Amendments noted where applicable.]
[Amended 6-2-2016 by Ord.
No. 2016-004]
This chapter shall set forth regulations and procedures to protect
public trees and other property from damage, obstruction and/or destruction.
A.
This chapter shall be known as the "City of Canandaigua Urban Forestry
Ordinance."
B.
Purpose and intent.
(1)
This chapter regulates the planting, maintenance, protection and
removal of trees and shrubs in the City of Canandaigua urban forest
only, which includes all public trees in the City treelawns; City
rights-of-way; City parks; City parking lots; City-owned cemeteries.
It also provides for a Tree Advisory Board.
(2)
The primary purpose of this chapter is to provide guidelines and
regulations to:
(a)
Maintain the public trees in a healthy condition by using best
management practices.
(b)
Promote efficient and cost-effective management of the urban
forest, in accordance with the Urban Forest Master Tree Plan.
(c)
Select, situate, and maintain public trees appropriately to
maximize benefits and minimize hazard, nuisance, hardscape damage,
and maintenance costs.
(d)
Centralize public tree management under a person with the necessary
expertise.
C.
Jurisdiction.
(1)
The City of Canandaigua shall have control of all public trees, shrubs,
and other plantings now or hereafter in any City treelawn; City rights-of-way;
City parks; City parking lots; City-owned cemeteries; or other public
place within the City limits, and shall have the power to plant, care
for, maintain, remove, and replace such trees, shrubs and other plantings.
(2)
In addition, in accordance with the City Council or City Planning
Commission approval of site plans, the City also has jurisdiction
to ensure the specific provisions of the approved site plans pertaining
to landscaping on private property are upheld.
D.
Policies regarding trees.
(1)
It shall be the policy of the City to maximize the planting of public
trees in all areas within the jurisdiction of this chapter. It is
desired that at least 85% of all planting sites as designated by the
City Arborist are actively utilized.
(2)
It shall be the policy of the City to adhere to the recommendations,
guidelines, and best practices identified in the Urban Forest Master
Tree Plan with regard to the urban forest.
E.
Disclaimer of liability. Nothing contained in this section shall
be deemed to impose any liability upon the City, its officers or employees,
nor to relieve the owner of any private property from the duty to
keep any tree, shrub or plant upon any street tree area on his property
or under his control in such condition as to prevent it from constituting
a hazard or an impediment to travel or vision upon any street, park,
pleasure ground, boulevard, alley or public place within the City.
F.
Interference with planting, maintenance, and removal. No person,
firm or corporation shall interfere with the Director of Public Works,
or persons acting under his authority, while engaged in planting,
mulching, pruning, maintaining, or removing any public tree, shrub
or plant within the City.
G.
Establish a Tree Advisory Board.
(1)
There shall be a Mayoral Committee called the "Tree Advisory Board"
(TAB) in the City consisting of five members. Members shall be appointed
by the Mayor.
(2)
The volunteer members shall serve without compensation.
(3)
The Mayor may remove any appointed member of the TAB from the Board,
with or without cause. Vacancies shall be filled by appointment by
the Mayor.
(4)
The Tree Advisory Board shall hold regular meetings at least once
every other month, and may hold additional meetings as it deems necessary.
A majority of the TAB shall constitute a quorum for the purpose of
transacting the business of the TAB. The TAB shall annually elect
a Secretary. The Secretary shall keep a record of all proceedings,
resolutions, findings, determinations and transactions of the TAB,
which records shall be a public record, and a copy of which record
shall be filed with the City Clerk.
H.
City Arborist. The City may employ or retain a certified arborist
(the City Arborist) to manage the urban forest and execute the Urban
Forest Master Plan. This position may be a full-time, part-time, contract,
or shared position with other communities. In the event such position
is not filled, all references in this chapter to "City Arborist" shall
refer to the Director of Public Works.
I.
Designate administrative responsibilities.
(1)
The City Arborist, under the direction of the Director of Public
Works shall plant, maintain and otherwise care for, or if necessary,
remove trees in any public place in the City. The responsibilities
of the City Arborist shall include but not be limited to the following:
(a)
Maintain the City's standing and membership in Tree City
USA.
(b)
With the consultation of the Tree Advisory Board:
[1]
Prepare an annual program for tree planting and tree care in
public places of the City;
[2]
Recommend to the City Manager changes or additions to the Urban
Forest Master Plan;
[3]
Develop, renew, and update the arboricultural standards;
[4]
Develop maintenance standards as they relate to public trees;
[5]
Make determinations of public tree removals;
[6]
Review all landscaping plans, street reconstruction projects,
and other similar activities as they affect the public trees, and
all site plans submitted to the Planning Commission for approval,
which are referred to the City Arborist;
[7]
Define criteria for designating specific landmark trees or other
arboricultural areas of exceptional historical or aesthetic significance;
develop best practices for protecting and maintaining these designated
assets, if appropriate; and advocate for and manage resources to effectively
manage them.
(c)
Inspect the planting, maintenance and removal of all public
trees.
(d)
Conduct and maintain an accurate tree inventory which catalogs
the number, type, condition, and location of all trees within the
jurisdiction of this chapter.
(2)
The Tree Advisory Board will:
(b)
Review plans and policies which are referred to it by City boards
on matters relating to the public trees, urban forestry, arboriculture,
and horticulture.
(c)
Recommend legislation regarding the urban forest.
(d)
Provide information and education to the community regarding
the selection, planting and maintenance of public and private trees.
J.
Specify cooperation between departments and agencies. The City Arborist,
as an employee of the Public Works Department, shall review any public
or private plans or applications for street reconstructions; new curb,
gutter, sidewalks or driveway installations; or other improvements
which might require the removal of or cause injury to any public tree,
or interfere with the fulfillment of the Urban Forest Master Plan.
The City Arborist, with the support of the Director of Public Works,
may require modifications of such applications in order to protect
the public trees.
K.
Emergency work.
(1)
This chapter shall not govern any emergency activity immediately
necessary to protect life, safety or property or to maintain access
to any property. Any such activity shall incorporate reasonable efforts
to protect trees and shrubs on City property from unnecessary damage.
(2)
Any person or City agency engaged in any action covered by Subsection K(1) shall make a reasonable effort to notify the City Arborist prior to commencing that action and shall, in any event, provide written notice of the emergency and the work done to the City Arborist within three calendar days of commencing that work.
The following terms shall carry the meanings
indicated:
A certified arborist who manages the urban forest; recommends
arboricultural standards to be set by the City (found at Attachment
1 to this chapter); and executes the Urban Forest Master Plan. This
position may be a full-time, part-time, contract, or shared position
with other communities.
[Added 6-2-2016 by Ord.
No. 2016-004]
The Director of the Public Works Department of the City or
his/her duly authorized agent.
Includes all public parks having individual names.
A bureau of the Department of Public Works responsible for
exercising the City's jurisdiction under this chapter.
[Amended 6-2-2016 by Ord.
No. 2016-004[1]]
Any individual, organization, or association of persons and
the singular number shall include the plural.[2]
Includes all grounds owned by the City.
Includes all shade and ornamental trees now or hereafter
growing on any street, park or public place.
The entire width of every public way or right-of-way when
any part thereof is open to the use of the public, as a matter of
right, for purposes of vehicular and pedestrian traffic.
That part of a 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.
Any woody plants which have self-supporting, aboveground
parts which are viable year round.
[Added 6-2-2016 by Ord.
No. 2016-004]
All public trees in the City treelawns; City rights-of-way;
City parks; City parking lots; and City-owned cemeteries.
[Added 6-2-2016 by Ord.
No. 2016-004]
[1]
Editor's Note: This ordinance also repealed the definition
of "Parks Maintenance Supervisor," as amended 5-3-2007 by L.L. No.
1-2007, which immediately followed.
[2]
Editor’s Note: The definition of "property line," which
immediately followed this definition, was repealed 6-2-2016 by Ord.
No. 2016-004.
[Amended 5-3-2007 by L.L.
No. 1-2007; 6-2-2016 by Ord. No. 2016-004]
No person shall plant, spray, fertilize, treat,
prune, remove, cut above ground, or otherwise disturb any public tree
or shrub on any street, park or public place without first filing
an application and procuring a permit from the Director of the Public
Works. Persons, City agencies, or private or public utilities conducting
regular maintenance work on trees or shrubs may be granted general
permits to cover their work on a yearly basis. The person receiving
the permit shall abide by the Arboricultural Specifications and Standards
of Practice as determined by the City.[1]
A.
An application for tree planting shall state the number
of trees to be set out; the location, grade, species, cultivar or
variety of each tree; the method of planting; and such other information
that the Director of the Public Works shall find reasonably necessary
to a fair determination of whether a permit should be issued.
B.
Whenever any tree shall be planted or set out in conflict
with the provisions of this section, it shall be lawful for the Director
of Public Works to remove or cause removal of the same, and the exact
cost thereof shall be assessed to the owner as provided by law in
the case of special assessments.
C.
An application shall be required for any maintenance
performed and shall state the number and kinds of trees to be sprayed,
fertilized, pruned, or otherwise treated; the kind of treatment to
be administered; the composition of the spray material to be applied;
and such other information as the Director of Public Works shall find
reasonably necessary to a fair determination of whether a permit should
be issued.
D.
No person or property owner shall remove or prune
a tree from the treelawn for the purpose of construction, or for any
other reason, without first filing an application and procuring a
permit from the Director of the Public Works, and replacing the removed
tree or trees in accordance with the adopted Arboricultural Specifications.
Such replacement shall meet the standards of size, species, and placement
as provided for in a permit issued by the Director of the Public Works.
The person or property owner shall bear the cost of removal and replacement
of all trees removed.
E.
Any person who has removed a public tree without obtaining
the appropriate permit shall replace that tree with a tree of equivalent
dollar value in the vicinity of the removed tree. The value of the
tree will be determined in accordance with the "Guide for Establishing
Values of Trees and Other Plants," published by the International
Society of Arboriculture. If no suitable location exists in the vicinity
of the tree removed or if the replacement tree is of lesser value,
the person causing the tree to be removed shall make a compensatory
payment to the City equal to the difference in value between the tree
removed and any replacement tree. Such compensatory payment shall
be paid into a fund established by the City Treasurer for that purpose
and used solely for the purpose of enhancing the urban forest.
[1]
Editor's Note: Said specifications are included as an attachment to this chapter.
A.
No person shall mutilate, injure, cut, carve, transplant, prune or destroy any public tree or shrub, allow any gaseous liquid, or solid substance which is harmful to such trees to come in contact with them; or set fire or permit any fire to burn when such fire or the heat thereof will injure any portion of any tree. When such damage results in the destruction and/or removal of a tree, the person responsible for that damage shall replace that tree with a tree of equivalent dollar value in the vicinity if the removed tree or make a compensatory payment as set forth in § 633-3E.
[Amended 5-3-2007 by L.L.
No. 1-2007]
B.
No person shall mutilate, injure, deface or destroy
any fence, fence post, gate or railing; any walk, crosswalk, street
lamp, lamp post, either electric or gas; or any wire, box or other
appurtenance of the fire alarm system; or any hydrant, water, gate
or other appurtenances of the water works system; or any fixture erected,
made, planted, set out or being in, under or upon any street, park
or public place in the City.
C.
Excessive mulching of public trees beyond two inches to four inches
of mulch per tree, no closer than one inch to the trunk (mulch volcanos)
is prohibited.
[Added 6-2-2016 by Ord.
No. 2016-004]
[Amended 6-2-2016 by Ord.
No. 2016-004]
It shall be the duty and responsibility of all property owners
to maintain the grounds of the City treelawns on the owner's
property, regardless of whether such property is developed. This maintenance
shall include watering as needed and keeping such treelawns free from
any obstructions contrary to public safety.
A.
Property owners shall be responsible for watering newly planted public
trees in such treelawns in accordance with procedures provided at
the time of planting. Such watering shall be continued until the public
tree becomes acclimated to the new environment, but need not exceed
one year.
B.
No person shall excavate any ditches, tunnels, trenches, or lay any
drive within a radius of 10 feet from any public tree without first
obtaining a written permit from the City Manager or the Director of
Public Works.
C.
All trees on any street or other public place near any excavation
or construction of any building, structure, or street work, shall
be guarded with a fence, frame, or box not less than four feet high
and eight feet square, and all building material, dirt, or other debris
shall be kept outside the barrier.
D.
No person shall deposit, place, store, or maintain upon any public
place of the City, any stone, brick, sand, concrete, or other materials
which may impede the free passage of water, air, and fertilizer to
the roots of any tree growing therein, except by written permit of
the City Manager or Director of the Public Works.
E.
In a case where damage from construction, excavation and/or material deposits result in the destruction and/or removal of a tree, the person responsible for that damage shall replace that tree with a tree of equivalent dollar value in the vicinity of the removed tree or make a compensatory payment as set forth in § 633-3E.
[Amended 5-3-2007 by L.L.
No. 1-2007; 6-2-2016 by Ord. No. 2016-004]
No tree listed as undesirable in the Arboricultural Specifications
and Standards of Practice (Attachment 1 to this chapter) shall be
planted in any public street.
It shall be the duty of any person or persons
owning or occupying real property bordering on any street upon which
property there may be trees or shrubs to prune such trees or shrubs
in such manner that they will not obstruct or shade the street lights,
obstruct the passage of pedestrians on sidewalks, obstruct vision
of traffic signs, or obstruct view of any street or alley intersection.
The minimum clearance of any overhanging portion thereof shall be
seven feet over sidewalks, and 12 feet over all streets except truck
thoroughfares which shall have clearance of 16 feet. Should any person
or persons owning real property bordering on any street fail to prune
trees or shrubs as herein above provided, the Director of the Public
Works shall order such person or persons, within three days after
receipt of written notice, to so prune such trees or shrubs.
A.
The order required herein shall be served by mailing
a copy of the order to the last known address of the property owner,
by certified mail.
B.
When a person to whom an order is directed shall fail
to comply within the specified time, it shall be lawful for the municipality
to prune such trees or shrubs and the exact cost thereof shall be
assessed to the owner as provided by law in the case of special assessments.
[Amended 5-3-2007 by L.L.
No. 1-2007]
A.
Any person
who shall violate any of the provisions of this chapter shall, upon
conviction, be punishable by a fine not exceeding $250 or imprisonment
in the County Jail of Ontario County for not more than 15 days, or
both such fine and imprisonment. Each day on which any such violation
continues shall constitute a separate offense.
B.
The Code Enforcement Officer is hereby charged with the responsibility
for the enforcement of this chapter and may serve notice to any person
in violation thereof or institute legal proceedings as may be required,
and the City Attorney is hereby authorized to institute appropriate
proceedings to that end.
[Added 6-2-2016 by Ord.
No. 2016-004]
[Added 6-2-2016 by Ord.
No. 2016-004]
The Director of Public Works or his/her designee shall collect
and maintain all records and data necessary to objectively evaluate
whether progress is being made toward the stated goals of this chapter.
An annual summary and analysis of the evaluation, and recommendations
for action shall be prepared and presented to the City Manager. The
City Council may review the report and recommendations and take actions
deemed necessary to accomplish the goals of this chapter.
[Added 6-2-2016 by Ord.
No. 2016-004]
Should any part or provision of this chapter be declared by
a court of competent jurisdiction to be invalid, the same shall not
affect the validity of the chapter as a whole or any part thereof
other than the part held to be invalid.
