This chapter shall be known as the "Municipal
Street Tree Ordinance of the City of Kingston."
Indiscriminate and uncontrolled destruction
of trees deprives the community of these benefits. The purpose of
this chapter is to preserve trees, minimize damage and removal and
encourage planting of trees, thereby enhancing the health, safety
and general welfare of the inhabitants of the City of Kingston. This
chapter is an amplification of the City Charter Tree Protection Ordinance,
as defined in the Charter of the City of Kingston under the title
"Trees and Plantings."
For the purpose of this chapter, the following
terms shall have the meanings given herein:
APPLICANT
Any individual, partnership, corporation, municipality or
other entity, together with employees, officers, directors, agents,
independent contractors or any lessee or contract-vendee of a parcel
of property, which owns any real property or portion of real property
within the jurisdiction of the city.
PARK
Includes any municipal park having an individual name.
PROPERTY LINE
The outer edge of a street or highway right-of-way.
PROPERTY OWNER
The person owning such property as shown by the Tax Map of
the City of Kingston, New York.
PUBLIC TREES
All trees now or hereafter growing on any street, park or
any other public place.
TREE
A living single stem tree which is three or more inches DBH.
TREE PERMIT
A written authorization to remove (a) tree(s) pursuant to
this chapter.
TREE PIT
A minimum three-foot-by-three-foot planting pit whose surface
may be mulched or covered by a tree grate.
[Amended 12-16-1999 by L.L. No. 2-2000; approved 1-3-2000]
TREE PLANTING ZONE
The city may plant a street tree with the property owner's
permission within 20 feet of the curbline (outside of the official
right-of-way) in order to avoid overhead or underground utilities
and/or promote the growth of the tree.
[Added 12-16-1999 by L.L. No. 2-2000; approved 1-3-2000]
TREE PROTECTION ZONE
All streets, parks and other city-owned property and all
land within any right-of-way of any street or highway.
TREE REMOVAL
Any act which will cause a tree to die within a three-year
period.
[Amended 3-2-1999, approved 3-8-1999; 12-16-1999
by L.L. No. 2-2000, approved 1-3-2000]
A. Public tree maintenance or planting permit. No person
shall plant, remove or otherwise disturb trees in public places without
first filing an application and procuring a permit from the Tree Commission.
The application shall be on a form designated by the Tree Commission
and shall contain such information and data as deemed reasonably necessary
to a fair determination of whether a permit should be issued. The
Tree Commission shall issue the permit provided for herein if, in
their judgment, the proposed work is necessary and desirable and the
proposed method and workmanship are satisfactory (there shall be no
fee assessed for such permits). When necessary, the Tree Commission
shall check with local utilities prior to issuance of permits.
B. Public tree removal permit.
(1) The Tree Commission shall have primary responsibility
for administering this chapter through the issuance, revocation or
denial of public tree permits.
(2) Application for a public tree permit shall be made
in writing to the Tree Commission on prescribed forms available in
the City Hall.
(3) A public tree permit for the removal of a public tree
shall normally be issued under the following conditions:
(a)
The location of the tree(s) clearly endangers
the health, safety and welfare, or the property of the general public,
the property owner of this adjoining property owner closest to the
tree(s).
(b)
The location of the tree(s) prevents the property
owner from undertaking a construction or alteration because the location
of the tree(s) substantially interferes with a permitted use of the
property and the construction or alteration cannot be reasonably adjusted
to accommodate the tree(s).
(c)
The tree(s), due to death or advanced age, disease,
blight, infestation, storm damage, accident or other condition, causes
undue hardship for the property owner to maintain it (them).
Removal of any designated tree shall require
the following actions:
A. The tree trunk, limbs, stump and any roots remaining
above grade shall be removed completely and to a depth below grade
that will permit replanting another tree, minimum of 12 inches.
[Amended 12-16-1999 by L.L. No. 2-2000; approved 1-3-2000]
B. The disturbed area be backfilled and replanted.
C. The applicant shall remain responsible for the acts
of his employees, contractors or subcontractors.
D. In the case of a tree destroyed or removed illegally,
another tree of comparable species shall be replanted at the expense
of the property owner.
E. Tree removal and restoration shall conform to guidelines
promulgated by the Tree Commission pursuant to this chapter.
In case of officially declared emergencies, such as windstorms, ice storms, or other disasters, the requirements of §
373-8 shall be waived so that the requirements of this chapter would in no way hinder private or public work to restore order in the municipality. This work shall follow maintenance standard as outlined by the Superintendent of Public Works and/or his designee.
Any person violating or failing to comply with
the provisions of this chapter shall be subject to civil penalty not
to exceed $250 not including value of replacement tree(s). The penalty
may be collected by the action against the responsible person commenced
by the Corporation Counsel of the city. For the purpose of this chapter,
each tree affected by noncompliance with the provisions of this chapter
shall constitute a separate violation.