[Adopted 4-19-2023 by Ord. No. 106[1]]
[1]
Editor's Note: This ordinance also repealed former Art. II,
Trees, adopted as §§ 16-1.1 and 16-1.2(a), (c) of the
1964 Code, as amended 10-6-1993 by Ord. No. 160.
(a)
This article shall be known and may be cited as the "Tree Ordinance
of the City of Utica."
(b)
The purpose and intent of this article is to promote the growth and
health of the City's urban canopy ensuring biodiversity, sustainability,
equity, an aesthetically pleasing environment, and carbon sequestration
to combat climate change; combat the urban heat island effect; designate
a City Arborist; create a system of permitting for work on trees within
the City; consolidate much of existing City Code on trees; create
a volunteer Tree Advisory Board; provide for lists of acceptable trees
for planting within the City; set acceptable standards for the planting,
removal, trimming, and replacement of trees; and define penalties
for violations of this article.
(a)
When not inconsistent with the context, words used in the present
tense include the future, words in the plural number include the singular
number, and words in the singular number include the plural number.
The word "shall" is always mandatory and not merely directory.
(b)
ARBORICULTURE or TREE PRESERVATION
PUBLIC PLACE
RIGHT-OF-WAY
STREET TREE or TREE or SHRUB
For the purposes of this article, the following terms, phrases, words
and their derivations shall have the meanings given herein:
Includes the treating, spraying, pruning, maintaining and
any other care or work intended for the strengthening of trees and
the removal and prevention of tree pests, blights and diseases of
any and all kinds.
Any public street, public highway, public easement, public
park, lands owned by City park districts, or any property owned or
held by the City within the boundaries of said City.
Per City zoning law, lines which separate private property
from existing or dedicated public property containing or proposed
to contain publicly owned street surfaces, gutters, curbs, planted
strips or sidewalks.
A tree or shrub in a public place or right-of-way, except
where otherwise indicated. Street trees shall be considered by the
City as serving a public benefit to promote beauty, air quality, temperature
control, carbon sequestration, and more.
Pursuant to the provisions of Section 169 of the Agriculture
and Markets Law, the Common Council elects, on behalf of the City,
to exercise and enjoy through its appropriate officers and employees
the powers and immunities prescribed and granted in Sections 164,
165 and 167 of the Agriculture and Markets Law with respect and in
regard to Dutch elm disease within the limits of the City.
The Commissioner of Public Works shall, by virtue of their office,
be the City Arborist.
(a)
Generally. The City Arborist is hereby given full jurisdiction, authority,
control, supervision, and direction of all trees which now or which
may hereafter exist upon any public place or right-of-way in the City.
(b)
Issuance of permits. Said City Arborist is also given full jurisdiction,
authority, and control in connection with the issuing of permits hereinafter
provided for.
(c)
Order to preserve or remove. The City Arborist shall have the authority
to order the trimming, preservation, or removal of trees or plants
upon public and right-of-way property when they find such action necessary
to public safety or to prevent the spread of disease or insects to
public trees and places. The City Arborist shall make publicly available
a mechanism to be notified of potentially dangerous trees by concerned
parties.
(d)
Delegation of duties and authority. In the exercise of any or all
of the powers herein granted, the City Arborist shall have the authority
to delegate all or such part of their power and duties with respect
to supervision and control of trees to their subordinates and assistants
in the employ of the City as they may from time to time determine.
The City hereby creates a Tree Advisory Board of six members,
which shall advise and consult with the City and the Arborist on all
matters relating to the planting of trees and shrubs in public places
and rights-of-way, to the varieties and species of trees to be used,
and generally with respect to the carrying out of the purposes of
their chapter.
(a)
Composition.
(1)
All members of the Board shall be residents of the City, except
in the case where the City Arborist deems an exemption useful to obtaining
more expertise on the Board. Members shall serve on a volunteer basis.
(2)
The City Arborist or their designee shall serve as Chair of
the Board and be responsible for setting regular meeting times, keeping
the Board apprised of relevant matters to their chapter, and maintaining
records of their meetings and decisions.
(3)
Appointment of members:
a.
Two members by appointment of the Common Council.
b.
Two members by appointment of the Mayor.
c.
Two members by nomination of the Mayor and confirmation of the
Common Council.
d.
The Mayor and Common Council shall make an effort to identify
suitable candidates with training and experience in forestry, as an
arborist, and/or general knowledge about maintenance and planning
of an urban forest.
(4)
Members of the Board shall serve a term of five years and shall
not have a term limit but must be reappointed following the requirements
herein in order to continue serving. Should a seat become vacant prior
to the expiration of a term, the respective seat will be refilled
according to the same processes listed here for the remainder of the
term.
(b)
Duties and authorities.
(1)
The Board shall meet a minimum of four times each year. All
meetings shall be open to the public and provide opportunity for public
comment. The Board Chair may schedule additional meetings as needed.
(2)
The Board shall coordinate and promote Arbor Day activities
as well as support public awareness and education programs relating
to trees.
(3)
The Board shall create, review, and update a five-year plan
to plant and maintain trees on City property. The report shall include,
but not be limited to:
a.
Planned and recommended planting and removal projects, including
an assessment of the impact of said projects on carbon sequestration,
biodiversity, environmental hazards, and financial cost.
b.
Identification of areas of the City which have disproportionately
fewer trees, both public and private, compared to the rest of the
City and trends to that effect. New proposed planting projects by
the City should prioritize these under-treed areas.
c.
Any recommendations for amendments to this article or other
chapters of City Code as they pertain to trees.
(4)
The Board shall review City department concerns relating to
tree care at their or the City Arborist's request.
(5)
The Board shall be available for consultation by the City Planning
Board and Scenic and Historic Commission on matters related to trees.
(6)
The Board shall submit an annual report of its activities to
the Common Council and Mayor.
(7)
The Board shall assist with the annual application to renew
the Tree City USA designation and seek out and apply for grants it
deems useful to promote tree planting and growth in the City and to
generally carry out the goals and enforcement of this article.
(8)
The Board shall have the authority to create a list of preferred
trees for planting within the City on both public and private property,
not in conflict with prohibited trees pursuant to Sec. 2-17-33, and
make such list publicly available and distribute such list to all
City boards and departments.
(9)
The Board shall maintain a list of best practices for tree care
and planting in the City, and the City Arborist shall make such a
document available to all those permitted to do tree work in the City.
(a)
Scope of permit requirements. It shall be unlawful for any person
to plant, remove or destroy any standing tree existing on any public
place or right-of-way in the City, or to authorize or procure any
person to do so, or to remove or tamper with any device placed for
the protection of said tree, or to authorize or cause the same to
be done, except having first obtained written permission from the
City Arborist to do so.
(b)
Application for permit. Applicants shall retrieve and submit the
permit request to the City Clerk. The City Arborist shall be responsible
for designing the permit in accordance with this chapter and with
consultation of the Tree Advisory Board.
(c)
Standards for issuance of permit. The City Clerk shall issue a permit
provided for herein when the City Arborist reviews and finds that
the desired action or treatment is necessary and in conformity with
their chapter and that the proposed method and workmanship are satisfactory.
The application for permit herein required shall state the number
and kind of tree to be removed, sprayed, or planted, the kind of treatment
to be administered, and such other information as the City Arborist
shall find reasonably necessary to a fair determination of whether
a permit should issue hereunder.
(d)
Supervision of work under permit. The City Arborist shall have the
authority to supervise all work done under a permit issued in accordance
with the terms of their chapter.
Norway maple, silver maple, poplar, evergreen, hackberry, mulberry,
red oak, ash, and weeping willow trees may not be planted in any public
place or right-of-way in the City, and continued planting of said
trees is hereby considered a threat to biodiversity and a healthy
urban forest in the City. The City shall otherwise abide by the provided
lists of prohibited and regulated invasive species from the New York
State Department of Environmental Conservation. The Tree Advisory
Board outlined in Sec. 2-17-31 reserves the right to add trees to
the prohibited list as it deems necessary.
The park regulations covering the planting of trees in lands
owned by City Parks and Recreation shall be and continue in force
and effect.
(a)
All newly planted trees in the City right-of-way, whether installed
by the abutting property owner or contractor, shall be supported by
a suitable post or posts.
(b)
It shall be unlawful to guy any tree less than four inches in diameter
at a point four feet above ground level with wires or rope unless
the trunk is protected.
It shall be unlawful for any person to place or maintain upon
the ground in any public place or right-of-way any stone, concrete,
brick or other impervious material or substance in such a manner as
may obstruct the free access of air and water to the roots of any
tree upon any public place or right-of-way in the City without first
having obtained written permission. Unless otherwise provided for,
there shall be maintained about the base of the trunk of each such
tree at least nine square feet of open ground for a tree three inches
in diameter, and for every two inches of increase of such diameter,
there shall be an increase of at least one square foot of open ground.
The City Arborist shall have the right to trim any tree or shrub
existing on any public place or right-of-way in the City in order
to ensure the public safety or to preserve the function or beauty
of such public place or right-of-way, and they shall further have
the right to remove any such tree or shrub, or any part thereof, which
is in an unsafe condition or which, by reason of its location or nature,
is injurious or detrimental to other public improvements in the City
or is infected with any injury, fungus, insect or other pest or disease
which cannot otherwise be controlled.
No persons shall, without a written permit from the City Arborist
in the case of a public tree or shrub, do, or cause to be done by
others, any of the following acts.
(a)
Secure, fasten or run any rope, wire, sign or other device or material
to, around or through a tree or shrub.
(b)
Break, injure, mutilate, deface, kill or destroy a tree or shrub
or permit any fire to burn where it will injure any tree or shrub.
(c)
Permit any toxic chemical, gas, smoke, salt, brine, oil or other
injurious substance to seep, drain or be emptied upon or about any
tree or shrub.
(d)
Erect, alter, repair or raze any building or structure without placing
suitable guards around all nearby public trees or shrubs which may
be injured or defaced by, or where said injury or defacement may arise
out of, in connection with or by reason of, such operation. The quality
of said guard shall be determined by the City Arborist.
(e)
Knowingly permit any unprotected electric service wires to come in
prolonged contact with any public tree or shrub.
(f)
Remove any guard, stake or other device or material intended for
the protection of a public tree or shrub or close or obstruct any
open space about the base of a public tree or shrub designed to permit
access of air, water and fertilizer.
No person shall prevent, delay or interfere with the City Arborist
or their agents, employees or servants while they are engaged in carrying
out any work or activities authorized by this chapter.
Any person responsible for violating any of the terms of this
article shall pay a fine not to exceed $100. A separate offense shall
be deemed committed on each day during or on which a violation occurs
and/or continues.
Should any part or provision of this article be declared by
a court of competent jurisdiction to be invalid, the same shall not
affect the validity of the article as a whole or any part thereof
other than the part held to be invalid.
