[HISTORY: Adopted by the Common Council of the City of Gloversville 5-24-2022 by Ord. No. 10-2022. Amendments noted where applicable.]
This chapter shall be known as the "Tree Ordinance of the City
of Gloversville, New York."
The purpose of this chapter is to increase the City's urban
tree canopy and to enhance the health and proper maintenance of the
urban forest for the future by encouraging the planting of new trees,
the proper maintenance of existing trees and the removal of diseased,
overmature or otherwise dangerous trees.
As used in this chapter, the following terms shall have the
meanings indicated:
A vertical line extending from the outermost edge of the
tree canopy or shrub branch to the ground.
The trimming of roots to stimulate growth, develop a thick
mass of roots, or to remove broken or damaged roots.
A highway, road, avenue, lane, alley, culvert, embankment,
or sidewalk which the public has a right to use.
Any tree, shrub, bush, or other woody vegetation on land
lying between property lines on either side of all streets, avenues
or roads, such as the municipal right-of-way.
A strip of grass-covered ground between sidewalk and curb
or roadway.
Severe cutting back of limbs to stubs larger than three inches
in diameter within the tree crown to such degree so as to remove the
normal canopy and disfigure the tree.
Includes, but is not limited to, pruning, shaping, thinning,
cabling, stump removal, root pruning, topping, fertilizing, removing,
planting, and spraying for insect and disease control of a tree.
A.
Establishment, membership and terms of office.
(1)
The Mayor and City Council shall create an official committee known
as the "Gloversville Tree Commission." The Commission shall consist
of five members, all of whom shall be residents of the County of Fulton.
The City Building Inspector and the City DPW Director shall be ex
officio nonvoting members for advisory purposes. Members shall be
appointed by the Mayor, subject to approval by the City Council.
(2)
Members shall be appointed initially as follows: two members for
a term of one year; two members for a term of two years; one member
for a term of three years. Thereafter, all appointments shall be for
a term of three years.
(3)
If a Commission member for any reason does not serve his or her full
term, the Mayor shall appoint a successor to serve for the remainder
of the unexpired term, subject to approval by the City Council.
(4)
At least one member of the Commission shall be a member of the Recreation
Commission and act as liaison between the two commissions.
B.
Duties of the Tree Commission.
(1)
The creation and maintenance of a City-wide tree inventory, to include
location, species, age and condition.
(2)
The development and adoption of a written long-term plan for the
care, preservation, and expansion of the City's urban forest
along City streets and other public spaces.
(3)
The establishment and oversight of a written policy for enforcing
the timely removal of dangerous or overmature trees on or near public
spaces and rights-of-way.
(4)
The creation and maintenance of a list of acceptable species of trees
for planting on or near public rights-of-way.
(5)
The establishment and administration of a system for the issuance
of permits for planting of new trees on or near public spaces and
rights-of-way.
(6)
The creation and administration of a system of monetary incentives
for the removal of dangerous or overmature trees and the planting
of new trees on or near public spaces and rights-of-way.
A.
The terrace is part of the public right-of-way, and the City has
the right to perform such maintenance relative to trees and shrubs
that may from time to time become necessary to protect the health
of street trees, remove obstructions to public rights-of-way or ensure
public safety, including trimming, pruning or mulching.
C.
The property owner shall have the sole decisionmaking authority regarding
whether or not a tree should be planted on the terrace.
A.
The Tree Commission, Building Inspector or Code Enforcement Officer
may determine that a particular tree or part of a tree be removed
if it:
B.
Once such determination is made, the Building Inspector or Code Enforcement
Officer will issue an order to remedy to the owner of the property
on which the tree is located or, if it is a street tree, the owner
of the property adjacent to the terrace. The order to remedy will
allow the owner a reasonable time to engage a contractor to complete
the removal.
C.
With respect to all street trees subject to an order to remedy mandating
removal, the City shall be obligated to reimburse the owner for 1/2
of the total contract cost or $1,000, whichever is lesser.
D.
Stump grinding or removal shall be mandatory in every case of the
removal of a street tree.
E.
Any person or organization wishing to remove a tree which is in excess
of eight inches in diameter at the base and which is on public property
or adjacent to public property or adjacent to any public right-of-way,
including a terrace, shall be required to apply to the Tree Commission
for a permit.
F.
Any tree removal initiated by either permit application or order
to remedy shall require a liability insurance policy of $1,000,000
naming the City of Gloversville as additionally insured.
A.
Any person or organization wishing to plant a tree on public property
or adjacent to public property or adjacent to any public right-of-way,
including a terrace, shall be required to apply to the Tree Commission
for a permit. The application shall be submitted on a form provided
by the City Clerk and include location, species, size and method of
planting of each tree desired.
B.
The Tree Commission shall maintain a comprehensive list of allowed
species and shall narrow that list for each application depending
on the proposed planting location and its surroundings so as to avoid
interference with structures, overhead wires or infrastructure.
C.
With respect to permits duly issued for the planting of street trees,
the City shall reimburse the applicant for 1/2 of the cost of the
tree or trees successfully planted or $200, whichever is lesser.
D.
The applicant shall be solely responsible for the care and maintenance
of the tree or trees.
A.
No person, business or corporate entity shall plant, spray, fertilize,
treat, remove, disturb the root system or otherwise damage or alter
any tree or shrub on public property without the express written permission
of the City through its authorized officials.
B.
The pruning of trees on public property is only allowed in the course
of routine maintenance on low-hanging branches where the branch impedes
on pedestrian or vehicle convenience and/or safety.
C.
No person, business or corporate entity shall cause or permit any
brine, oil, gasoline, liquid dye or other substance hazardous to plant
life to lie, leak, pour or flow onto the soil near the base of a tree.
D.
No person shall fasten or tether any animal to a tree on public property.
E.
No person shall plant a tree on or adjacent to public property or a public right-of-way without first obtaining a permit as outlined in § 211-7 above.
F.
Topping or root pruning of trees is prohibited.
G.
No person, business or corporate entity shall excavate any ditch,
tunnel or trench within the dripline of any tree on or adjacent to
public property without obtaining a permit from the City.
Any person convicted of violating provisions of this chapter
shall be fined in an amount not less than $100 and no more than $500
for each such violation.
The City of Gloversville hereby adopts the Arboricultural Specifications
and Standards of Practice of the International Society of Arboriculture
as published under the American National Standard for Tree Care Operations
(ANSI A300-1995) or the most recent edition (a copy of which is available
for review). All tree work in the City of Gloversville shall conform
to these specifications and standards.
