In addition to the powers and duties set forth in Chapter 12 of the Irondequoit Code, the Town of Irondequoit Conservation Board, together with the Commissioner of Public Works, shall have the power to:
A.
Develop and recommend a Town forestry program to the Town Board.
B.
Develop and recommend an annual written Town forestry plan to the Town Board, as described in § 214-4 of this chapter.
C.
Develop and recommend arboricultural specifications and standards
of practice to be adopted by the Town Board.
D.
Provide advice and consultation regarding trees to any Town board
or department.
The Town forestry plan, after adoption by the Town Board, shall
constitute the official Town forestry plan for the Town and, unless
otherwise designated therein, shall be administered by the Town Conservation
Board. The Town forestry plan shall define the annual goals and objectives
of the Town forestry program and shall include a current statement
of arboricultural specifications and standards of practice and a current
master tree list and street tree inventory. Nothing contained in the
Town forestry program, Town forestry plan, or the arboricultural specifications
and standards of practice shall abridge the authority of the Commissioner
of Public Works as provided for under New York State law.
A.
The Town or its authorized agent shall have the right to perform
all necessary maintenance to preserve and protect Town trees in a
safe and healthy condition, including t:rinnning, spraying, watering,
staking, treating for disease or injury, and removal.
B.
Nothing contained in this chapter shall be deemed to impose liability
upon the Town, the Town Board, the Conservation Board or individuals,
companies or corporations hired by the Town, nor to relieve the owner
of any private property from the duty to keep any tree, shrub or plant
that he/she planted in the right-of-way of a public street or that
is on his/her property from constituting a hazard or an impediment
to travel or vision upon any street, sidewalk, park or other public
place within the Town.
No person shall cut, carve, injure, paint, harm, remove, damage
or otherwise deface any Town tree; attach or fasten any advertisement,
notice, wire, nail, poster or other sign; allow any brine, oil, gasoline,
or other substance deleterious to tree life to lie, leak, pour, flow
or drip on or into the soil around the base of a tree which could
injure such tree.
No person, except the Town or its agents acting on the Town's behalf or as authorized pursuant to § 214-9, shall plant, remove, replant, and/or replace a tree or shrub in a public place without first submitting an application to the Town Commissioner of Public Works and obtaining his or her approval therefor. The applicant shall pay for all costs associated with said tree planting, tree removals, or tree replacements. All work authorized pursuant to this section shall comply with the arboricultural specifications and standards of practice adopted by the Town Board.
A.
Private property owners have the duty, at their own expense, to cut
down and remove any trees upon their property (including those within
a highway or right-of-way) that are dead, harbor insects or disease,
or which are so damaged as to be a public nuisance and in danger of
falling, thereby causing damage to person or property of others. The
Commissioner of Public Works, on his or her own action or upon the
recommendation of the Conservation Board, may order the removal of
a tree or shrub for the reasons stated above.
B.
It shall be the duty of any person or persons owning real property
to prune any trees thereon in such a manner that they will not obstruct
or shade street lights, obstruct the passage of pedestrians on sidewalks,
obstruct the visibility of traffic signs, obstruct or hinder the flow
of traffic or obstruct the view of any street or alley intersection.
The minimum clearance of any overhanging portion thereof shall be
10 feet over sidewalks and 14 feet over all streets.
The Town Commissioner of Public Works/Superintendent of Highways
may, with the consent of the Town Board, issue to any public service
corporation having facilities within the Town a permit covering all
operations of such corporation with the Town, authorizing such public
service corporation to trim or remove trees if necessary. Such operation
shall be done in accordance with the arboricultural specifications
and standards of practice adopted by the Town Board and such other
or further conditions as the Town Commissioner of Public Works/Superintendent
of Highways or Town Board may require.
A.
The Commissioner of Public Works shall have control of all Town trees and may review and enforce complaints for injury to same. Violation of any provision of this article is hereby declared to be a misdemeanor and punishable as provided in § 1-16 of the Town Code.
B.
Nothing in this chapter shall limit the authority of the Commissioner
of Public Works and/or the Town Board to take such other and further
actions and to avail itself and the Town of any right or remedy available
to it under this chapter or otherwise under the Town of Irondequoit
Code or other applicable law deemed necessary or appropriate to abate
any violation of this chapter and/or any public nuisance so as to
ensure the protection of the health, safety and welfare of the public.
