[HISTORY: Adopted by the Common Council of
the City of Norwich as indicated in article histories. Amendments
noted where applicable.]
[Adopted 1-24-1961 (Ch. 32 of the 1967 Code)]
Pursuant to the foregoing provisions of said
Chapter 677 of the Laws of 1958,[1] this Common Council does hereby elect on behalf of the
City of Norwich to exercise and enjoy, through its appropriate officers
and employees, the powers and immunities prescribed and granted in
§§ 164, 165, and 167 of Article 14 of the Agriculture
and Markets Law with respect and in regard to the Dutch Elm Disease
within the limits of said City.
[1]
Editor's Note: See § 169 of the
Agriculture and Markets Law.
[Adopted 9-12-1978 by Ord. No. 7-1978 (Ch.
89 of the 1969 Code)]
This article shall be known and may be cited
as the "Ordinance Regulating the Selection, Care and Location of Street
Trees."
As used in this article, the following terms
shall have the meanings indicated:
Any tree, shrub, bush, or other woody vegetation on land
lying within any street right-of-way.
There is hereby created and established a Street
Tree Committee for the City of Norwich, New York, which shall consist
of three members, residents of this City, who shall be appointed by
the Mayor with the approval of the Common Council.
The term of the three persons to be appointed
by the Mayor shall be three years with one member appointed each year
except that the first year one member shall be appointed for one year,
one member shall be appointed for two years, and one member shall
be appointed for three years.
Members of the Committee shall serve without
compensation.
The Committee shall plan for, provide information
for, promote, and control the planting and care of street trees within
the public right-of-way. The Committee shall make recommendations
to the Common Council in regard to exceptions to other parts of this
article.
The Committee shall choose its own officers,
make its own rules, and keep a journal of its proceedings. A majority
of the members shall be a quorum for the transaction of business.
The Street Tree Committee shall maintain a list
of plants which may be used as street trees. No street tree shall
be planted which is not of a species approved by the Street Tree Committee
without permission from the Common Council.
The location of any street tree shall be approved
by meeting either specific guidelines previously determined by the
Street Tree Committee or by receiving specific approval from the Common
Council.
It shall be unlawful to trim, top, or prune
a street tree in such a manner so as to remove the natural canopy
and disfigure the street tree. Removal of limbs either damaged by
storms or other causes or on certain trees under utility wires or
other obstructions shall be exempted from this article. Limbs interfering
with any right-of-way or obstructing the view of any street intersection
shall be exempted from this article.
It shall be unlawful to damage, remove, or destroy any street tree, except where specifically allowed elsewhere in this article, without the approval of the Common Council. The property owner of land on which a street tree is to be removed shall be notified at least 24 hours before removal whenever possible. Street trees planted which do not comply with §§ 507-9 and 507-10 may be removed at the discretion of the Common Council.
The Common Council shall have the right to review
the conduct, acts, and decisions of the Street Tree Committee. Any
person may appeal from any ruling or order of the Street Tree Committee
to the Common Council, who may hear the matter and make a final decision.
