The Common Council determines that trees are an exquisite and
valuable resource and that Buffalo's urban forest needs nurturance
and the protection of law. The Council further determines the following:
A. Buffalo is aiming to once again become known as the "City
of Trees," with beautiful, mature trees the norm in our City rather
than the exception. For that reason, the preservation of existing
tree assets and the early planting of new and/or additional trees
on site is an important part of development.
B. A mature tree provides beauty, shade, oxygen, air cleansing,
the dampening of visual and auditory pollution, drainage, protection
from wind, microclimate moderation and natural habitat.
C. A mature tree represents an enormous investment of energy,
water, light, nutrients and time by the natural world.
D. The urban forest increases the value of property in our
City and is a collectively beneficial resource; as such, the public
has an interest in the preservation of healthy trees.
E. Healthy trees should not be cut down without due consideration
of the value of the tree; and when due consideration yields an overriding
reason to destroy a tree, the health of the urban ecology demands
that the resources represented by the tree are replaced through plantings.
F. A sapling, even when properly planted, does not replace
the ecological, social and economic resources of a mature tree, particularly
in light of the fact that the survival rate for saplings is diminished
in an urban environment.
G. The convenience of clearing all trees from a piece of land
and planting trees and shrubs at the end of the building process must
be weighed against the resources that are destroyed in the process,
and this Council wishes to foster a building process that conserves
trees where possible.
H. Commercial establishments do not have an overriding right
to destroy or prevent the growth of trees that interfere with the
sight lines between their signage and passersby. Such a right has
not existed for neighborhood businesses along Buffalo's great
streets of commerce and exceptions should not be made for new businesses.
I. Parking lots can create climatic, aesthetic and environmental
problems, such as oppressive heat in summer and harsh wind shear in
winter, large, unsightly aesthetic voids and increased contaminated
runoffs. Trees and other vegetation can enhance the visual environment,
moderate the parking area microclimate, increase drainage and decrease
the nuisances of noise and glare.
As used in this chapter, the following terms shall have the
meanings indicated:
COMMISSIONER
The Commissioner of Human Services, Parks and Recreation.
DHFF
Diameter at a height of four feet.
PERMITTEE
One who applies for a permit for an action that may involve
the destruction of live trees.
PUBLIC AGENCY
An agency, such as a City department, which is not required
to obtain a permit from the City of Buffalo for work within the City.
SHADE TREE
A tree of a species that is expected to grow to a height
of at least 25 feet at maturity.
STREET TREE
A tree planted in the public right-of-way of any street within
the City of Buffalo.
The Commissioner of Human Services, Parks and Recreation is
hereby authorized to offer and pay a reward for not less than $100
nor more than $1,000 for any information leading to the apprehension
and conviction of any person violating any provision of this chapter
or of any other chapter of the Code of the City of Buffalo relating
to the abuse and mutilation of trees, shrubs and plants.
Any person, firm or corporation violating any of the provisions
of this chapter, upon conviction for each violation thereof, shall
be fined in an amount not exceeding $1,500 or be imprisoned for a
period not exceeding 15 days, or both such fine and imprisonment.
Without authorization from the Commissioner of Human Services,
Parks and Recreation, no person shall cut, remove, plant, break or
injure any tree, plant or shrub in any of the streets and public places
of the City; nor shall any person injure, misuse or remove within
two years of placement any device placed and intended to protect any
tree, plant or shrub in any part of the streets or public places in
the City; nor shall any person fasten or attach any signs, markers,
ropes, wires or other objects or tie any animal to such trees, plants
and shrubs nor place paving or other hard surfacing over the area
surrounding the roots thereof in such a manner as to deprive said
tree, plant or shrub of necessary light, air and water. A conviction
for a violation hereof shall not preclude a civil action brought by
the City to recover full damages for the loss of or injury to such
tree, plant or shrub.
[Added 6-24-1997, effective 7-7-1997]
It shall be the duty of the Police Department, the Community
Development Department, the Human Services, Parks and Recreation Department
and the Administration and Finance Department (Bureau of Administrative
Adjudication) to enforce this chapter. In addition, any project which
fails to comply with the requirements of this chapter, the project
site plan or other agreements made relative to trees shall be deemed
to be in violation of this chapter and may be subject to the suspension,
revocation or nonrenewal of licenses or permits issued by the City
as well as any other penalty applicable by law.
Appeals for exceptions to the provisions of §
467-8 must be submitted to the City Planning Board, which shall make a recommendation on the appeal to the Common Council. Exceptions must be consistent with the legislative intent of §
467-1 and must be approved by the Common Council. Appeals under this chapter for trees on City-owned property can give weight to the City's role in financing and administering the City's tree planting program.