This chapter shall be known and may be cited as the "Tree Ordinance
of the City of Fulton, New York."
See General City Law Article 2-A.
The purpose of this chapter shall be to promote and protect
the health and safety of the inhabitants and visitors of the City
of Fulton and prevent damage to property therein by establishing rules
and regulations for the planting, maintenance and removal of trees
on City-owned property within the City of Fulton, New York.
Except where specifically defined herein, all words used in
this chapter shall carry their customary meanings. For the purpose
of this chapter, the following terms, phrases, words and their derivations
shall have the meanings given herein:
CITY
The City of Fulton, New York.
PERSON
Any person, firm, partnership, association, corporation,
company or organization of any kind.
STREET RIGHT-OF-WAY
A strip of land which extends to the middle of the road,
on both sides of the road, to the front property lines which is occupied
or intended to be occupied by a street, sidewalk, water mains, sanitary
mains, storm mains, utility transmission lines and shade trees.
TREE COMMITTEE
Five-person advisory committee who shall make recommendations
to the Common Council concerning the development of a comprehensive
City tree plan.
TREE FORESTER
The individual designated by the City of Fulton to oversee
and enforce the provisions of this chapter.
TREELAWN
That portion of the street right-of-way, not covered by sidewalk
or other impervious surface, lying between the front property line
and the curb, street line or portion of street right-of-way used for
vehicular traffic.
TREES
Large, medium and small:
A.
TREES, LARGEThose trees that at full growth may have the ability to attain a height of more than 40 feet.
B.
TREES, MEDIUMThose trees that at full growth maturity have the ability to attain between 26 feet and 40 feet in height.
C.
TREES, SMALLThose trees that at full growth maturity have the ability to attain a height of less than 26 feet.
The Tree Committee shall consist of five voting members, one
of which shall be the City-designated Tree Forester.
It shall be the duty and responsibility of the Tree Committee
to:
A. Develop a written comprehensive plan for planting, maintenance, pruning
and removal of trees in the public right-of-way and on other City-owned
land and for requesting approval of funding by the Common Council
for such activities.
[Amended 7-19-2016 by L.L. No. 3-2016]
B. Such a plan would then be updated on an annual basis for approval
and funding by the Common Council.
It shall be the duty and responsibility of the Tree Forester
to:
A. Administer, permit and enforce the approved comprehensive tree plan.
[Amended 7-5-2016]
Before any permit shall be issued by the Tree Forester for City
contractual work, each applicant shall first file evidence of possession
of general liability insurance in the amount of $300,000 for bodily
injury or death and $1,000,000 for property damage. Such evidence
shall be in the form of any insurance certificate naming the City
of Fulton as an additional insured, which shall indemnify the City
from any personal injury or damage to property as a result of such
permitted activity. Although homeowners are required to obtain a permit
from the City Forester to plant trees in the public right-of-way,
they shall be exempt from the insurance requirements of this section.
No person shall intentionally damage, cut, burn, carve, transplant
or remove any tree, or attach thereto any rope, wire, nails or advertising
posters or other contrivance except guy wires as may be required by
the City Forester to stabilize the tree roots of newly planted trees.