[HISTORY: Adopted by the Town Board of the Town of DeWitt 2-13-2012 by L.L. No.
1-2012. Amendments noted where applicable.]
A.
Trees benefit the environment and community. Healthy trees reduce
air pollution, provide energy-saving shade and reduce wind speed for
human comfort. They provide habitat for wildlife, enhance aesthetics
and property values, and contribute to community image, pride and
quality of life. Managing trees as an urban forest is an effective
way to protect them.
B.
This chapter establishes standards for tree planting, preservation
and management in the Town
As used in this chapter, the following terms shall have the
meanings indicated:
The Commission established in Chapter 8, Conservation Commission (hereinafter "DACC").
A dwelling designed for and occupied by not more than one
family and surrounded by open space or yards and having no roof, wall
or floor in common with any other dwelling unit.
A dwelling designed for and occupied by not more than two
families in separate dwelling units, each of which is totally separated
from the other by a continuous wall extending from lowest floor to
roof or an unpierced ceiling and floor extending from exterior wall
to exterior wall.
A tree that is indigenous within the northeast United States
of America.
Wires with greater than 50 volts above ground.
The area within the designated right-of-way line(s) of a
highway, street, road or lane within the Town. Said right- of- way
lines are delineated and /or defined by applicable Town, state or
county law, rule or ordinance ("ROW").
Trees planted within the ROW between the pavement edge and
the right-of-way boundary.
Topping is 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 of the trees.
The Town of Dewitt.
A plant having a permanently woody main stem or trunk, ordinarily
growing to a considerable height.
The extent of the outer layer of branches and leaves of an
individual tree or group of trees.
All wires, conduits and pipes underground.
A set of guidelines duly adopted by the Town and used to
guide tree selection, placement, maintenance, removal, and replacement
to achieve a desired level of quality for the physical environment
(hereafter "UFM Plan").
A.
Tree selection, location and protection.
(1)
Native tree species selections are preferred if appropriate for the
locations.
(2)
Trees shall be placed to allow for their anticipated mature height
and width.
(3)
Trees shall be planted at least three feet from streets and sidewalks.
(4)
Trees shall be planted so as not to block the site line at street
intersections.
(5)
Trees shall be planted at least 10 feet from fire hydrants and driveways.
(6)
Trees shall be planted such that they do not have to be removed for
access to underground utilities.
(7)
Tall growing trees shall not be planted underneath overhead utility
wires.
(8)
Trees shall be protected from damage during above- or below-ground
utility work. The area of protection is 125% of the tree canopy.
(9)
Any tree, planted by the Town, that has been removed without permission,
or damaged to such an extent that it must be removed, shall be replaced
within one year by the party responsible for the removal or damage
in accordance with the UFM Plan.
B.
Pruning and maintenance.
(1)
The Town shall have the right, but not the obligation, to plant,
prune, maintain and remove trees, plants and shrubs within the Town
ROWs as may be necessary to insure public safety and/or the health
and natural form of the tree.
(2)
Pruning standards. All tree pruning shall conform to the current
ANSI A300 standards for tree care operations. When required, crown
reduction is preferred to topping of trees.
(3)
Trees adjacent to the street ROW shall be pruned such that there
are 13 feet above the street surface and eight feet above any sidewalk.
C.
No healthy tree shall be removed from any Town ROW without Town approval.
For planting within the ROW of lots occupied by single- or two-family
dwellings:
For planting within the ROW for lots other than those occupied
by single- or two-family dwellings and/or lots owned by the Town:
A.
Species to be planted shall generally be selected from the list of trees as outlined in the design guidelines as provided for in Chapter 192, Zoning.
B.
Trees under overhead utility wires shall be selected from the list of trees identified for this location, as outlined in the design guidelines as provided for in Chapter 192, Zoning.
C.
Trees shall be maintained in accordance with § 192-100B(2) of the Code.
D.
Where ROW trees have been damaged or destroyed by natural causes,
the Town may, but is not obligated to, replace the trees. The DACC
pursuant to its UFM Plan should make recommendations to the Town regarding
appropriate replacement.
E.
Upon passage of a UFM Plan, the design guidelines will be updated
to include the appropriate elements of the UFM.
For lots owned by the Town, tree selection, location, maintenance,
removal and replacement shall be undertaken pursuant to the UFM Plan.
A.
DACC, with recommendation of its Tree Committee, shall prepare a
UFM Plan within one year of the adoption of this chapter by the Town
Board. The DACC shall present and recommend for approval a UFM Plan
to the Town Board. The Town Board shall hold a public hearing on the
DACC recommendations and after a hearing thereon adopt, modify or
deny any such recommendation by resolution of the Town Board. The
UFM Plan adopted by resolution of the Town Board may be updated periodically
in accordance with this procedure.
Unless otherwise stated, a violation of this chapter shall be
an offense punishable by a fine not to exceed $200 or by imprisonment
for a period of not to exceed 10 days, or both. Each day's continued
violation shall constitute a separate, additional violation.
This chapter shall take effect immediately upon filing with
the Secretary of State.
