[HISTORY: Adopted by the Board of Trustees of the Village
of New Hartford as indicated in article histories. Amendments noted
where applicable.]
[Adopted as Ch. 49, Art. I, of the 1971 Code]
No person or corporation shall maintain or set out or plant
or cause to be maintained or set out or planted between the curbline
and the sidewalk of any street, avenue or public place or within 25
feet of any adjacent property line of any premises within the Village
of New Hartford any trees of the following general classes: poplar,
willow, box elder or elm.
[Amended 9-11-1994 by L.L. No. 1-1994]
There shall be a penalty not to exceed $250 or a term of imprisonment
of not more than 15 days, or both, for each violation of the provisions
of this article, and each day that the illegal condition exists shall
constitute a separate violation thereof.
[Adopted 1-6-1983 by L.L.
No. 1-1983 (Ch. 49, Art. II, of the 1971 Code)]
As used in this article, the following terms shall have the
meanings indicated:
Trees, shrubs, bushes and all other woody vegetation in public
parks having individual names and all areas owned by the Village or
to which the public has free access as a park.
Trees, shrubs, bushes and all other woody vegetation on land
lying between private property lines on either side of all streets,
avenues or ways within the Village and also lying between sidewalks
and curbs where applicable.
There is hereby created and established a Committee for the
Village of New Hartford, New York, which will consist of five members,
being citizens, domiciliaries and residents of this Village, who shall
be appointed by the Mayor with the approval of the Village Board.
A.
The terms of the five persons to be appointed by the Mayor shall
be three years, except that the terms of two of the members appointed
to the first board shall be for only one year and the terms of two
members of the first board shall be for two years. In the event that
a vacancy shall occur during the term of any member, his successor
shall be appointed for the unexpired portion of the term.
B.
Members of the Committee shall serve without compensation.
A.
It shall be the responsibility of the Committee to study, investigate,
counsel and develop and/or update annually and administer a plan for
the care, preservation, pruning, planting, replanting, removal or
disposition of trees and shrubs in parks, along streets and in other
public areas. Such plan will be presented annually to the Village
Board and, upon its acceptance and approval, shall constitute the
Official Comprehensive Village Tree Plan for the Village of New Hartford,
New York. The Committee, when requested by the Village, shall consider,
investigate and submit a report and submit recommendations upon any
issues referred to it.
B.
The Committee shall choose its own officers, make its own rules and
regulations and keep minutes of its proceedings. A majority of the
members shall be a quorum for the transaction of business.
The following is a suggested list of the official street trees
for the Village of New Hartford, New York. Species other than those
included in this list may be planted as street trees with written
permission of the Village Board.
|
Small Trees
|
Medium Trees
|
Large Trees
|
|---|---|---|
|
Crabapple, flowering
Pear, bradford
Lilac, Japanese tree
Plum, purple leaf
|
Honey locust (thornless)
Linden, greensire
Ash, green
|
Sugar maple
Oak, pin
Ginkgo
Maple, crimson king
|
|
Amelanchier laevis
|
Tulip tree
|
The spacing of street trees when planted will be in accordance with the three species size classes listed in § 112-7 of this article, 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 that trees may be planted from curbs and curblines and sidewalks will be in accordance with the three species size classes listed in § 112-7 of this article, and no trees may be planted closer to any curb or sidewalk than the following: small trees, two feet; medium trees, three feet; and large trees, four feet.
No street tree shall be planted closer than 35 feet to any street
corner, measured from the point of nearest intersecting curbs or curblines.
No street tree shall be planted closer than 10 feet to any fire hydrant.
No street trees, other than those species listed as small trees in § 112-7 of this article, may be planted under or within 10 lateral feet of any overhead utility wire or over or within five lateral feet of any underground waterline, sewer line, transmission line or other utility.
A.
The Village shall have the right to plant, prune, maintain and remove
trees, plants and shrubs within the lines of all streets, alleys,
avenues, lanes, squares and public grounds as may be necessary to
ensure public safety or to preserve or enhance the symmetry and beauty
of such public grounds.
B.
The Village Tree Committee may remove or cause or order to be removed any tree or part thereof which is in an unsafe condition or which, by reason of its nature, is injurious to sewers, electric powerlines, gaslines, waterlines or other public improvements or which is affected with any injurious fungus, insect or other pest. This section does not prohibit the planting of street trees by adjacent private property owners, provided that the selection and location of said trees is in accordance with §§ 112-7, 112-8, 112-9 and 112-10 of this article.
It shall be unlawful as a normal practice for any person, firm
or department to top any street tree, park tree or other tree or the
excavation affecting said trees on public property. "Topping" is defined
as the severe cutting back of limbs to stubs larger than three inches
in diameter within the tree crown to such a degree so as to remove
the normal canopy and disfigure the tree. "Excavation" is defined
as the sever cutting back of underground tree roots within 10 feet
of the tree trunk which will be detrimental to the life of the tree.
Trees severely damaged by storms or other causes or certain trees
under utility wires or other obstructions where other pruning practices
are impractical may be exempted from this article at the determination
of the Village Tree Committee.
Every owner of any tree overhanging any street or right-of-way
within the Village 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. Such
owners shall remove all dead, diseased or dangerous trees or broken
or decayed limbs which constitute a safety hazard. The Village 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.
The Village shall have the right to cause the removal of any
dead or diseased trees on private property within the Village when
such trees constitute a hazard to life and property or harbor insects
or disease which constitute a potential threat to other trees within
the Village. The Village Tree Committee will notify, in writing, the
owners of such trees. Removal shall be done by said owners, at their
own expense, within 60 days after the date of service of notice. In
the event of the failure of the owners to comply with such provisions,
the Village shall have the authority to remove such trees and charge
the cost of removal to the property owner, and, in the event that
such cost of removal remains unpaid for 60 days, the cost of removal
shall be added to the next real estate tax bill of the property owner.
All stumps of street and park trees shall be removed at least
eight inches below the surface of the ground.
It shall be unlawful for any person to prevent, delay or interfere
with the Village Tree Committee or any of its agents while engaging
in and about the planting, cultivating, mulching, pruning, spraying
or removing of any street trees, park trees or trees on private property,
as authorized by this article.
[Amended 9-11-1994 by L.L. No. 1-1994[1]]
It shall be unlawful for any person or firm to engage in the
business or occupation of pruning, treating or removing street or
park trees within the Village without first applying for and procuring
a license. The license fee shall be as set forth from time to time
by resolution of the Board of Trustees, in advance; provided, however,
that no license shall be required of a public service company or Village
employee doing such work in the pursuit of his public service endeavors.
Before any license shall be issued, each applicant shall first file
evidence of possession of liability insurance in the minimum amount
of $1,000,000 for bodily injury and $1,000,000 for property damage
indemnifying the Village for all losses, regardless of negligence,
and any person injured or damaged resulting from the pursuit of such
endeavors as herein described.
The Village Board shall have the right to review the conduct,
acts and decisions of the Village Tree Committee. Any person may appeal
from any ruling or order of the Village Tree Committee to the Village
Board, who may hear the matter and make final decision.
A.
Any person, association, firm or corporation who violates, disobeys,
omits, neglects or refuses to comply with or who resists the enforcement
of any of the provisions of this article shall be punished by a fine
not to exceed $1,000 or imprisonment for not more than one year, or
both, for each offense, and each day that the violation is permitted
to exist shall constitute a separate offense.
[Amended 9-11-1994 by L.L. No. 1-1994]
B.
In addition to the foregoing penalty, a violation of this article
shall constitute a misdemeanor.
C.
In addition to the fine provided for herein, a violation of this
article may also result in the ordering of restitution in an amount
sufficient to constitute replacement costs of the damages resulting
from any such violation.
