As used in this chapter, the following terms shall have the
meanings indicated:
PARK TREES
Trees, shrubs, bushes and all other woody vegetation in public
parks having individual names and all areas owned by the City or to
which the public has free access as a park.
STREET TREES
Trees, shrubs, bushes and all other woody vegetation on land
lying between the sidewalk and the street or otherwise within the
right-of-way as measured from the center of the street. Street trees
are owned by the property owner upon which land the street tree is
located.
Public trees planted through any City planting program will
be drawn from the list of desirable trees developed and maintained
by the Landscape and Design Commission.
Street trees shall be spaced in accordance with the species
size classes developed and maintained by the Landscape and Design
Commission, with no trees being planted closer together than the current
standards promulgated by the International Society of Arboriculture
(ISA). These spacing requirements may be waived in the case of special
plantings designed or approved by a certified or licensed landscape
architect and/or approved by the Landscape and Design Commission.
The distance street trees may be planted from curbs, curblines
and sidewalks shall be in accordance with the species size classes
developed and maintained by the Landscape and Design Commission, with
no trees being planted closer to any curb or sidewalk than the current
standards promulgated by the International Society of Arboriculture
(ISA).
No street tree shall be planted within 30 feet of any street
corner, measured from the point of the nearest intersecting curbs
or curblines. No street tree shall be planted within 25 feet of any
fireplug, although a variance may be granted upon petition to the
Commission and upon recommendation of the Water and Fire Departments.
No street trees other than those designated as small trees in
the species size classes developed and maintained by the Landscape
and Design Commission may be planted under any overhead utility wire.
It shall be unlawful as a normal practice for any person, firm,
or City department to top any street tree, park tree, or other tree
on public property. Topping is defined as the severe cutting back
of limbs to stubs larger than three inches in diameter within the
tree's crown to such a degree so as to remove the normal canopy and
disfigure the tree. Crown reduction by a qualified arborist may be
substituted, where appropriate. Trees severely damaged by storms or
other cause, or certain trees under utility wires or other obstructions
where other pruning practices are impractical shall be exempted from
this chapter.
All contractors shall provide all labor and materials necessary to grind stumps six inches below the ground level, grade and seed. In instances where the stump has heaved the right-of-way, the contractor shall level the right-of-way. All debris, including tree or stump parts and sawdust, shall be removed and carted away by the contractor. The contractor shall be responsible for avoiding the underground utilities surrounding the location of tree stumps and their roots. (See §
273-17.)
It shall be unlawful for any person to prevent, delay or interfere
with the Landscape and Design Commission, or any of its agents, while
engaging in and about the planting, cultivating, mulching, pruning,
spraying, or removing of any street trees or park trees as authorized
in this chapter. A written notice, with an opportunity for response,
will be sent to the homeowner prior to any work being done by the
Landscape and Design Commission.
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 City without first applying for and procuring
a license from the City Clerk. The license fee shall be $25 annually,
in advance; provided, however, that no license shall be required of
any City employee or contractor doing such work in the pursuit of
their public service endeavors. Before any license shall be issued,
each applicant shall first file evidence of possession of liability
insurance in the minimum amounts required under the City's existing
contractor liability requirements.
Any person may appeal any ruling or order of the Landscape and
Design Commission to a body appointed by the City Council, which may
hear the matter and make final decisions.
Any person violating any provision of this chapter shall be,
upon conviction or a plea of guilty, subject to a fine not to exceed
$1,000.
In accordance with existing City law, any homeowner or contractor
planning work in the right-of-way that involves excavation of any
sort will have the responsibility to obtain permits required by the
City to identify any underground utilities in the area of excavation.
Such permit shall be obtained from the City of Cortland's Department
of Public Works.