[HISTORY: Adopted by the Town Board of the
Town of Geddes 4-8-1974 as Ch. 58 of the 1974 Code; amended in its
entirety 9-12-2023 by L.L. No. 4-2023. Subsequent amendments noted where
applicable.]
In recognition of the environment, health, and aesthetic benefits
of its community forest, this ordinance establishes the policies,
regulations, and standards pursuant to the planting, maintenance,
protection, preservation, removal, and replacement of trees within
the Town of Geddes. Publicly managed streets and park trees are increasingly
recognized as an important community resource. They provide habitat
for wildlife, enhance aesthetics and property values, improve air
quality, reduce stormwater runoff, reduce energy use, and reduce the
urban heat island effect. A healthy and sustainable community forest
supports the design and environmental goals of the Town of Geddes'
Comprehensive Plan Environmental Policy Statement and Recommendations
(page 27-28 of the Comprehensive Plan).
A.
Provide the health and maintenance of Town trees in healthy and nonhazardous
condition through good arboricultural practices.
B.
Establish and maintain appropriate diversity in tree species and
age classes in order to provide a stable and sustainable community
forest.
C.
Encourage the planting of a new tree for any tree that is removed.
D.
Promote the planting of private trees through programming and education.
As used in this chapter, the following terms shall have the
meanings indicated:
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.
A tree that is indigenous within the northeast United States
of America.
Wires with greater than 50 volts above ground.
Trees, shrubs, bushes and all other woody vegetation located
on a homeowner's property.
A highway, road, avenue, lane, alley, terrace, drive, culvert,
embankment to which the public has a right to use.
The area within the designated right-of-way lines of a street,
road or lane within the Town. Said right-of-way lines are delineated
and/or defined by the Town of Geddes and vary throughout the Town
depending on the width of the road.
The Town of Geddes, and any of its committees and/or departments,
but shall exclude any geographic reference except for that portion
of the Town lying wholly outside the borders of the Village of Solvay.
Trees, shrubs, bushes, and all other woody vegetation on
land lying within the easement or right-of-way. Town trees also include
any trees within the boundaries of Town parks and any other land that
the Town owns.
Those entities that provide electricity, gas, sewer, water,
telephone, cable television and Internet service to properties within
the Town.
There is hereby created and established a Geddes Tree Committee
for the Town of Geddes. This Committee shall consist of at least three
but no more than nine members, citizens and residents of the Town.
The Geddes Tree Committee shall choose its own officers, make its
own rules and regulations and keep a journal of proceedings.
A.
Duties. The Geddes Tree Committee shall:
(1)
Be responsible for the study, investigation, council and development
of a Community Forestry Management Plan, which is a framework for
Town tree management. Part of this plan would include an annual budget
to be determined by the Town Board during its annual budget process
in an amount not less than $2 per tax parcel located within the Town
of Geddes outside the Village of Solvay.
(2)
Maintain a list of appropriate tree species for planting.
(3)
Provide advice and recommendations regarding trees and the community
forest to the Town Board, Planning Board, Town employees, committees
and private citizens of the Town of Geddes.
(4)
Regularly communicate with the Town of Geddes Highway Department
on all matters regarding Town trees and work closely with them on
planning and implementing tree plantings.
(5)
Coordinate activities, including but not limited to the commemoration
of Arbor Day and to inform and educate the public about the community
forest.
(6)
Together with the Town of Geddes, explore opportunities for grants
related to the planting and educational outreach of a community forest.
(7)
Investigate conducting an inventory of Town trees, including partnerships
with local universities.
B.
Cooperation between agencies. Communication between the Town Board,
the Highway Department, committees of the Town Board, Planning Board,
Parks and Recreation Department and the Geddes Tree Committee regarding
any operations that affect trees within the Town is essential to the
long-term management of the Community Forest. The Town Board will
designate one member to serve as the main point of contact, or liaison
to the Geddes Tree Committee.
A.
Because the Arbor Day Foundation treats the Village of Solvay as
a separate entity from the Town of Geddes, each with their own set
of laws and codes, this ordinance shall apply to all land inside the
Town of Geddes exclusive of the Village of Solvay.
B.
The Town of Geddes, after review of any recommendations of the Geddes Tree Committee, shall have full power and authority over all trees, plants and shrubs (excluding grass) located within street right-of-way, public parks, public right-of-way or easement, and other public places in the Town, as referenced in § 210-5, addressing tree planting, pruning and maintenance.
C.
Conflict with other provisions. In any case where a provision of
this ordinance is found to be in conflict with a provision of any
zoning, land development, safety or health ordinance or code of this
municipality, Onondaga County, or the State of New York, the provision
which establishes the higher standard for the promotion and the protection
of the safety and health of the people shall prevail.
D.
Severability. If any section of this chapter shall be held unconstitutional,
illegal, invalid or otherwise unenforceable, the remainder of this
chapter shall remain in full force and effect and enforceable as such.
E.
Nothing in this ordinance shall be deemed to abolish or impair existing
remedies of the municipality or its officers or agencies relating
to the removal of tree(s) which is/are deemed to be dangerous, unsafe,
or unhealthy.
A.
Planting.
(1)
The Town of Geddes, after reviewing any recommendations of the Geddes
Tree Committee, shall have the right to plant and maintain trees and
shrubs in the street right-of-way of all streets, avenues, highways
and on public grounds. The Town will make all reasonable efforts to
comply with property owners' requests regarding placement of
a tree on the street right-of-way adjoining their property.
(2)
Trees shall be placed to allow for their anticipated mature height
and width. The spacing of Town trees will be in accordance with the
three species size classes listed in Appendix A of this ordinance,
and no trees may be planted closer together than the following: small
trees, 30 feet; medium trees, 40 feet; and large trees, 50 feet; except
in special plantings designed or approved by a landscape architect
or an arborist.
(3)
Trees adjacent to the street right-of-way shall be pruned such that
there are 12 feet above the street surface and 12 feet above any sidewalk
surface.
(4)
Trees shall be planted so as not to block the sight line at street
intersections.
(5)
Trees shall be planted at least 10 feet from fire hydrants/fire plugs.
(6)
Underground utilities.
(a)
Trees shall be planted such that they do not have to be removed
for access to underground utilities. DigSafeNY will be called out
to mark any underground utilities prior to any tree planting. No trees,
other than those species listed as small trees in the appendix of
this ordinance, may be planted over or within five lateral feet of
any underground water line, sewer line, transmission line or other
utility.
(b)
Trees shall be protected from damage during above- or below-ground
utility work. The area of protection is 125% of the tree canopy.
(7)
Overhead utility wires.
(a)
Tall-growing trees (anything with a mature height over 40 feet)
shall not be planted underneath overhead utility wires. No trees,
other than those species listed as small trees in appendix of this
ordinance, may be planted under or within 10 lateral feet of any overhead
utility wire.
B.
Pruning and maintenance.
(1)
The Town, after reviewing any recommendation of the Geddes Tree Committee,
shall have the right, but not the obligation, to prune, maintain and
remove trees, plants and shrubs within the street right-of-way as
may be necessary to ensure public safety and/or 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 the topping of trees.
(3)
Trees adjacent to the street right-of-way shall be pruned such that
there are 10 feet above the street surface and six feet above any
sidewalk.
(4)
The Town of Geddes shall have the right to prune any trees or shrubs
on private property within the Town when such trees constitute a hazard
to life and property, are potentially injurious to servers, electric
power lines, gas lines, waterlines or other public utilities, or interferes
with visibility of any traffic control, device or sign.
(5)
Reporting a pruning concern or hazard of a Town tree. A Town resident
can report a hazardous tree or pruning request of a Town tree to the
Town of Geddes Highway Department.
C.
Removal. No healthy Town tree shall be removed from any Town property
and street right-of-way without Town approval.
(1)
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
and at their expense.
(2)
The Town of Geddes shall have the right to cause the removal of any
trees or tree parts on private property within the Town when such
trees constitute a hazard to life and property, are potentially injurious
to servers, electric power lines, gas lines, waterlines or other public
utilities (if the situation cannot be mitigated by other means) or
harbor insects or disease, which constitute a potential threat to
other trees within the Town.
(a)
The Town will notify in writing the owners of such trees. Removal
shall be done by said owners at their own expense within 60 days after
the date of notice.
(b)
In the event of failure of owners to comply with such provisions,
the Town of Geddes shall have the authority to remove such trees and
charge the cost of removal on the owner's property tax notice.
(3)
Stumps. All stumps of Town trees shall be removed below the surface
of the ground so that the top of the stump shall not project above
the surface of the ground.
D.
Interference with implementation of this section. It shall be unlawful
for any person to prevent, delay or interfere with the Town of Geddes
in the implementation, use and enforcement of the provisions of this
section, or any of its agents, while engaging in and about the planting,
cultivating, mulching, pruning, spraying, or removing of any street
trees, park trees, or trees on private grounds, as authorized in this
section.
E.
New development, additions and construction projects. All new development
including, but not limited to, residential, commercial, industrial
and parking lots, will include the planting of trees at such density
as shall be determined by the Town of Geddes, after reviewing any
recommendations of the Geddes Tree Committee, and in cooperation with
the Planning Board.
(1)
Reasonable requirements for the preservation of trees may be specified
by the Town Board.
(2)
There shall be at least one tree per lot and spaced according to
the requirements in this ordinance. New trees shall measure at least
1.5 inches in diameter as measured at the point four feet above the
finished grade.
(3)
When construction, excavation, and/or material deposits result in
the damage, destruction and/or removal of a Town tree, the person
or utility responsible for that damage shall replace the tree where
appropriate with either a tree or trees of equivalent dollar value[1] and approved by the Geddes Tree Committee.
[1]
Note: Determined through the "wood for wood" method based
upon simple replacement of the wood lost and not taking species or
condition into account. For example, if the tree is 20 inches DBH,
you would need 10 two-inch caliper trees to replace it. 10 x the average
cost per tree (i.e., $200) = $2,000.
(4)
The property owner/developer shall be responsible for tree planting
and all irrigation and maintenance of the tree for a two-year period
from the time of the planting and shall replace any trees that die
during this period.
