[Adopted as Ch. 4 of the
1965 General Ordinances]
[Amended 4-15-1986 by Ord. No. 87-1986]
The Commissioner of the Department of Public
Works shall have exclusive jurisdiction, authority, control, supervision
and direction over all trees, plants and shrubs planted or growing
in or upon the public highways and public places of the City and the
planting, removal, care, maintenance and protection thereof.
[Amended 4-15-1986 by Ord. No. 87-1986]
Except upon order of the Commissioner of the
Department of Public Works, it shall be unlawful for any person without
a written permit from said Commissioner to remove, destroy, cut, break,
climb or injure any tree, plant or shrub or portion thereof that is
planted or growing in or upon any public highway or public place within
the City, or cause, authorize or procure any person to remove, destroy,
cut, break, climb or injure any such tree or shrub or portion thereof;
or to injure, misuse or remove or cause, authorize or procure any
person to injure, misuse or remove any device set for the protection
of any tree, plant or shrub in or upon any public highway or public
place.
[Amended 4-15-1986 by Ord. No. 87-1986]
A.
Any person desiring the removal, destruction, cutting
or pruning of any City-owned tree, plant or shrub standing on City
property because of the encroachment upon or interference with real
property owned by any such person by such tree, plant or shrub shall
make application on forms provided by the Commissioner of the Department
of Public Works for such removal, destruction, cutting or pruning
of any such tree, plant or shrub. Such application shall state the
number, type and kind of the tree, plant or shrub to be trimmed, cut,
removed or destroyed. If, in the judgment of the Commissioner of the
Department of Public Works, the desired removal, destruction, cutting
or pruning shall appear necessary, the Commissioner may issue a written
permit for such work upon condition that any such work shall be performed
in strict accordance with the direction of the Commissioner. Such
work shall be performed under the supervision and direction of the
Commissioner of the Department of Public Works or his duly authorized
representative at the expense of the person receiving such permit.
B.
Whenever, after notice to and inspection by the Commissioner
of the Department of Public Works or his authorized representative,
the Commissioner determines that any City-owned tree, plant or shrub
is diseased, in a dangerous condition or an obstruction to any highway,
sidewalk, sidewalk area or public place in such a fashion as to be
a danger to public safety, the Commissioner shall cause the removal
of any such City-owned tree, plant or shrub at the expense of the
City of New Rochelle.
C.
Whenever any City-owned tree, plant or shrub is removed or destroyed by any person with a permit therefor, as required in Subsection A above, such person shall, under the direction and supervision of the Commissioner of the Department of Public Works and at the sole cost and expense of such person, replace the same with another tree, plant or shrub placed either in the same place from which such tree, plant or shrub was removed or, if it is impossible or impracticable then at the discretion of the Commissioner, to replant in the same place or in any other place on public lands or parks, as directed by the Commissioner. Whenever any City-owned tree, plant or shrub is removed at the direction of the Commissioner as hereinabove set forth in Subsection B, then the Commissioner shall cause the planting of another tree, plant or shrub in the same place from which any City-owned tree, plant or shrub was removed, or if the same is impossible or impracticable in the discretion of the Commissioner, then such tree, plant or shrub shall be replaced on other public places or parks as the Commissioner shall determine. Any shrubs or plants removed as provided in Subsection A or B above shall be replaced with plants or shrubs of the same type and kind. Whenever any tree is removed as specified in Subsections A and B above, the new tree replanted shall be of Norway maple or such other species as is approved by the Commissioner of the Department of Public Works, but in no event shall any such new tree or trees be less than two inches in diameter at the base of the trunk.
It shall be unlawful for any person owning or
using or having control or charge of gas or other substances deleterious
to tree life to allow such gas or other deleterious substance to come
in contact with the soil surrounding the roots of any tree, shrub
or plant in any public highway or public place in such manner as shall
kill or destroy or may injure such tree, shrub or plant. It shall
also be unlawful for any person to cause, authorize or procure any
salt, brine water, liquid dye or other substance deleterious to tree
life to lie, leak, pour, flow or drip on or into the soil about the
base of such tree, shrub or plant or onto any sidewalk, road, pavement
or gutter therein at a point whence such substance is lying on or
by flowing, dripping or scoping into such soil or in any other manner
whatsoever injure such tree, shrub or plant, or to cause or procure
such lying, flowing, dripping, scoping or injuring.
[Amended 4-15-1986 by Ord. No. 87-1986]
It shall be unlawful for any person, except
with a written permit of the Commissioner of the Department of Public
Works, to place or maintain upon the ground in any public highway
or public place any stone, cement or other impervious material or
substance in such a manner as may obstruct the free access of air
and water to the roots of any tree, plant or shrub in any such highway
or place. Unless otherwise provided for in such written permit, there
must be maintained about the base of the trunk of each tree in such
highway or place at least nine square feet of ground for a tree three
inches in diameter, and for every two inches of such diameter there
must be an increase of at least one square foot of open ground.
[Amended 4-15-1986 by Ord. No. 87-1986]
It shall be unlawful for any person to cause,
authorize or procure a wire or other conductor charged with electricity
to come into contact with any tree, plant or shrub in or upon any
public highway or public place in such manner as may injure or abrade
or shall destroy or kill such tree, plant or shrub. Every person shall,
when and if the Commissioner of the Department of Public Works determines
it to be necessary in order to prune or cut down any tree growing
in or upon a public highway or public place, temporarily remove any
wire or wires or cut off the electricity within 24 hours after service
upon the owner of such wire or wires, or his or its agents, of a written
notice signed by said Commissioner to remove such wires or cut off
such electricity.
It shall be unlawful for any person to attach
or keep attached to any tree, plant or shrub in or upon any public
highway or public place, or to guard or stake for the protection of
such tree, any rope, wire, chains, signs or other device whatsoever,
except for the purpose of protecting it or the public.
It shall be unlawful for any person to tie any
animal to any tree, plant or shrub, in or upon any public highway
or public place, or having charge of such animal to allow or cause
or procure it to injure any such tree, plant or shrub; or for any
person in charge of such animal to cause or allow it to stand so that
it can injure such tree, plant or shrub.
[Amended 4-15-1986 by Ord. No. 87-1986]
During the erection, repair, alteration or removal
of any building or structure, it shall be unlawful for the person
or persons in charge of such erection, repair, alteration or removal
to leave any tree in or upon any public highway or public place in
the vicinity of such building or structure without such good and sufficient
guard or protectors as shall prevent injury to such tree arising out
of or by reason of such erection, repair, alteration or removal. All
moving of trees, plants and shrubs in or upon any public highway or
place made necessary for the moving of a building or structure, or
any other purpose, shall be done by the Commissioner of the Department
of Public Works, or under his supervision, at the expense of the applicant.
Should such moving or replanting cause the death of such tree, plant
or shrub, the applicant shall replace the same at his expense.
[Amended 4-15-1986 by Ord. No. 87-1986]
Trees standing in or upon any public highway
or public place and on any lot adjacent to any public highway or public
place and having branches projecting into the public highway or place
shall, under the supervision of the Commissioner of the Department
of Public Works, be kept trimmed by the owner or owners, occupant
or occupants of the property on or in front of which such trees are
growing so that the lowest branches shall not be less than a maximum
of 15 feet or a minimum of nine feet from the ground. Said Commissioner,
however, may allow newly planted trees to remain untrimmed, provided
that they do not interfere with persons using the sidewalk or obstruct
the light of any street, electric or other type of light. In case
the owner or owners, occupant or occupants shall neglect or refuse
to trim such tree or trees on being notified in writing to do so by
the Commissioner of the Department of Public Works, it shall be the
duty of said manager, after one week from the date of such written
notice, to cause the trimming to be done and the cost therefor to
be collected from such owner or occupant.
[Amended 4-15-1986 by Ord. No. 87-1986]
A.
It shall be unlawful for any person to plant or set
out any tree, or cause or authorize or procure any person to plant
or set out any tree, in or upon any part of any public highway or
public place without first obtaining from the Commissioner of the
Department of Public Works written permit to do so and without complying
in all respects with the conditions set forth in such written permit
and with the provisions of this chapter. All applications for such
permits shall be made on blanks furnished by said Commissioner and
shall describe the work to be done and the variety, size and precise
location of each tree. After the receipt of such an application, said
Commissioner shall investigate the locality where the tree or trees
are to be placed and shall grant a permit only if, in his judgment,
the location is such as to permit the normal growth and development
of each tree. Such permit shall specify the location, variety and
grade of each tree and method of planting, including, among other
things, the supplying of suitable soil. The permit shall be good only
for the season stated in the year issued, and no charge shall be made
for same.
B.
Before any permit shall be issued for planting more
than 25 trees on any one permit, the Commissioner of the Department
of Public Works may request from the applicant a detailed declaration
of intentions either in the form of a planting plan or written statement
in duplicate.
(1)
All planting plans shall be drawn on tracing cloth
in ink.
(2)
One copy of each plan or statement of intention shall,
when approved by said Commissioner, be returned to the applicant,
and the other copy shall be kept on file by said Commissioner.
(3)
All planting plans shall show accurately:
(a)
The proposed street, together with its subdivision
of pavement, curb, gutter, parking strip and sidewalk areas to a definite
indicated scale.
(b)
The proposed location of each and every proposed
tree, together with the location of each existing tree within the
proposed street line in scaled relation to other features of the plan.
(c)
The variety of each and every tree proposed
to be planted and of those already existing within the proposed street
lines, either indicated on the plans, or referenced with a number
to key list.
(d)
The distance between trees in any one row, in
feet.
(e)
The nature of the soil in the planting space
to a depth of three feet and all existing and proposed surface or
subsoil drainage system.
(4)
All statements filed in lieu of a planting plan shall
contain the same information as required on the plan.
[Amended 4-15-1986 by Ord. No. 87-1986]
It shall be unlawful for any person to plant
or have or keep growing a poplar, box elder, bass wood, willow or
evergreen tree within any public highway or upon any public place
or anywhere within the limits of the City, the roots of which will
penetrate over, on or under the surface of any public highway or other
public place. The Commissioner of the Department of Public Works is
hereby authorized, empowered and directed to cause to be served upon
the owner of any premises having therein any such tree or trees a
notice directing such owner to remove such tree or trees within 20
days after the receipt of such notice. Such notice may be served by
delivering the same personally to such owner or by leaving the same
with any person of suitable age and discretion residing at or upon
such premises or by affixing the same to such premises in a conspicuous
place thereon. If, at the expiration of such period, the owner of
such premises shall not have removed such tree or trees, or caused
the same to have been removed, said Commissioner is hereby authorized,
directed and empowered to enter upon such premises and remove such
tree or trees. Said Commissioner shall thereafter mail to the owner
or agent of such premises at his last known address a statement of
the cost and expense of removing such tree or trees with the demand
that the owner pay to the City Treasurer of the City of New Rochelle,
New York, within 30 days from the date of such statement the amount
thereof, and if such amount shall not have been paid within such 30
days, the cost and expense of doing such work shall be collected in
an action at law.
The following regulations are hereby established
for the planting, trimming and care of trees in or upon the public
highways and public places of the City:
A.
Trees must not be less than one inch in diameter of
trunk one foot above ground.
B.
All trees from one to three inches in diameter of
trunk one foot above ground must be protected and supported by tree
guards. When guarded with one stake only, the stake must be toward
the prevailing wind.
C.
No tree shall hereafter be planted at the intersection
of two or more streets or within 20 feet of such intersection.
D.
In cutting down trees, the same must be removed with
the root stump grubbed out when so required by the Commissioner of
the Department of Public Works.
[Amended 4-15-1986 by Ord. No. 87-1986]
E.
All cuts above one inch in diameter must be waterproofed.
F.
Trees shall hereafter be planted at least 30 feet
apart except when special permit is obtained from the Commissioner
of the Department of Public Works.
[Amended 4-15-1986 by Ord. No. 87-1986]
G.
No tree shall be planted where the clear space between
the curb and the sidewalk is less than three feet.
H.
No tree shall be planted where the soil is too poor
to ensure the growth of such tree unless the owner excavates a suitable
hole of not less than 36 cubic feet and replaces the material removed
with suitable loam or soil stripped from pasture land.
I.
No tree shall be planted nearer than one foot from
the curbline or out of the sidewalk unless a special permit is granted
by the Commissioner of the Department of Public Works.
[Amended 4-15-1986 by Ord. No. 87-1986]
J.
No tree shall be planted on any street except of the
variety selected by the Commissioner of the Department of Public Works.
[Amended 4-15-1986 by Ord. No. 87-1986]
[Amended 4-15-1986 by Ord. No. 87-1986]
The Commissioner of the Department of Public
Works shall have the right to plant, trim, spray, preserve and remove
trees, plants and shrubs within the lines of all streets, alleys,
avenues, lands, lanes, squares and public grounds as may be necessary
to ensure safety or preserve the symmetry and beauty of such public
grounds. Said Commissioner, under the power here given, may remove
or cause or order to be removed any tree, or part thereof, which is
in an unsafe condition, or which by reason of its nature is injurious
to sewers or other public improvement or is affected with any injurious
fungus, insect or other pest. Said Commissioner shall also have power
to enter upon any private grounds in the City and to spray or otherwise
treat or cause or order to be sprayed or otherwise treated any tree
or shrub or plant infected or infested by any parasite or insect pest
when it shall be necessary in his opinion to do so to prevent the
breeding or scattering of any parasite or animal pest, and to prevent
danger therefrom to trees and shrubs planted in the public streets
or other public places, and whenever in his opinion trimming, treatment
or removal of any such tree or shrub located on private grounds shall
be deemed wise, he shall have power to trim, treat or remove any such
tree or shrub, or cause or order the same to be trimmed, treated or
removed. The cost of the removal of a tree or trees by the Commissioner
of the Department of Public Works shall be collected in an action
at law. Notice to remove under this section shall be served personally
at least 10 days before such removal on the owner or agent of the
property, unless, in the opinion of said Commissioner, immediate removal
is necessary for public safety.
[Amended 4-15-1986 by Ord. No. 87-1986]
It shall be unlawful for any person to prevent, delay or interfere or cause or authorize or procure any interference or delay with the Commissioner of the Department of Public Works, or any of his employees, agents or servants, while they are engaged in and about the planting, cultivating, mulching, pruning, spraying or removing of any tree, plant or shrub in or upon any public highway or public place or upon any private grounds as authorized in the previous section or in removing any device attached to such tree, plant or shrub or in such removing of stone, cement, sidewalk or other materials or substances as may be necessary for the protection and care of any such tree, plant or shrub in accordance with the requirements set forth in § 301-7 hereof as to the area of open grounds to be maintained about the base of the trunk of each tree, on a public highway or other public place of the City.
