[HISTORY: Adopted by the Board of Trustees of the Village of Potsdam
as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-21-1971 as Ch. 80 of the 1971 Code]
This municipality elects to exercise and enjoy the powers and immunities
prescribed and granted in §§ 164, 165 and 167 of Article 14
of the Agriculture and Markets Law with respect and in regard to the Dutch
elm disease within the limits of this municipality.
[Adopted 10-5-1998 by L.L. No. 8-1998]
This article shall set forth regulations and procedures to protect public
trees from damage, obstruction and/or destruction. Unless otherwise stated
herein, this article pertains only to trees and shrubs that fall within any
village right-of-way, street, park or other public place in this village.
As used in this article, the following terms shall carry the meaning
indicated:
Detailed specifications and standards of practice regarding such
arboricultural activities as planting site and tree selection, site preparation
and tree planting, maintenance, removal, replanting and replacement as set
forth in American National Standards Institute ANSI A300 for tree care operations.
Refers to the outer edge of the tree's crown/branches.
Any living stages (including but not limited to, seeds and reproductive
parts) of any parasitic or other plant of a kind, or subdivision of a kind,
which is of foreign origin, is new to or not widely prevalent in this state
and can directly or indirectly injure crops or other useful plants, livestock
or poultry or other interests of agriculture, including irrigation.
Includes all public parks having individual names.
Any person, firm, partnership, association, corporation, company
or organization of any kind, including public utility and municipal departments.
The person owning such properties shown by the County Auditor's
Plat of St. Lawrence County, State of New York.
Removal of plant parts.
Includes all grounds owned by the Village of Potsdam, County of St.
Lawrence, State of New York.
A listing of suitable and desirable types and species of trees able
to thrive in village highways, streets, parks and other public places.
The entire width of every public way or right-of-way when any part
thereof is open to the use of the public, as a matter of right, for the purpose
of vehicular and pedestrian traffic.
The designated unit area of Potsdam, County of St. Lawrence, State
of New York.
Any tree now or hereafter growing on or within the bounds of any
village highway or street or public place.
The area of land over which the village, or other government, has
the right of control or ownership, including streets, curbs, sidewalks and
tree lawns, whether by grant, regulation, statute or presumption.
A.
No person shall cut, remove or otherwise injure or interfere
with any ornamental or shade tree or shrub on or within any village right-of-way,
in any park or any other public place in this village, except with permission
of or under the authority of the Superintendent of Public Works.
B.
No person shall injure, mutilate or deface any tree or
shrub on or within any village right-of-way, in any park or any other public
place in this village and must not affix, attach or post thereon or hang therefrom
any sign, banner, light, advertisement, rope, swing, animal or anything else
whatsoever; nor shall any person allow gaseous liquid or solid substance which
is harmful to such trees or shrubs to come in contact with them; or set fire
or permit any fire to burn when such fire or heat thereof will injure any
portion of them.
C.
Notwithstanding the foregoing, the owner or occupant
of any lot adjoining any of the streets or public grounds of this village
shall keep the trees along the same in front of said premises trimmed at least
10 feet above the sidewalk.
D.
In the event that the owner or occupant shall fail to do the work as provided in the preceding subsection, the Superintendent of Public Works may cause such work to be done, and the same enforcement procedures as provided in § 145-7 herein shall be followed.
E.
Any person undertaking any excavation, fill, construction
or street work near any village/public tree shall safeguard said tree(s) with
high-visibility barriers or other protective measures that shall effectively
prevent injury to any part of any tree and its root system. Sturdy temporary
fencing should be installed, usually at the outer dripline around each tree
or group of trees to be saved.
A.
Persons wishing to plant a tree(s) on or within the village
right-of-way shall choose trees from the Village Recommended Street Tree List,
which can be obtained at the Office of Planning and Development. Trees from
this list were chosen due to characteristics such as size, growth form, hardiness,
disease resistance, insect susceptibility, and tolerance to urban stresses.
Before planting, a fair determination of site/location suitability should
be done. Such information used to determine site/location suitability includes,
but is not limited to, location of power lines, gas lines, water lines or
other public improvements, traffic signs, and sidewalks.
B.
Any tree(s) installed on or within the village right-of-way
shall become a village/public tree(s) and added to the Village Street Tree
Inventory.
C.
Failure to select tree species from the Village Recommended
Street Tree List or planting a species not recommended for the particular
site conditions may result in removal of the tree(s) at the discretion of
the Superintendent of Public Works.
A.
All work on village/public trees shall be performed in
accordance with the current Arboricultural Specifications and Standards of
Practice.
B.
The village shall have the right to contact the Commissioner
of Agriculture when trees, shrubs, plants and vines or other materials, including
soil are infected or infested with injurious insects or plant diseases, or
which have been exposed to injurious insects or plant diseases or which are
hosts of such insects or plant diseases, or other material, including soil,
and noxious weeds are hereby declared a public nuisance or when they pose
a threat to surrounding vegetation. The Commissioner of Agriculture and Markets
shall use such control methods as found in § 164 of the state Agriculture
and Markets Law.
A.
Tree topping.
(1)
It shall be unlawful, as a normal practice, for any person
to top any tree on or within any village right-of-way, in any park, or any
other public place in this village. "Topping" is defined as the severe cutting
back of limbs to stubs larger than three inches in diameter of the tree's
crown to such a degree so as to remove the normal canopy and disfigure the
tree.
(2)
Exception. In the case of officially declared emergencies
only, such as windstorms, ice storms or other disasters, the prohibition to
topping of trees under utility wires or other obstructions shall be waived
so as not to in any way hinder private or public work to restore order in
the village.
B.
Cabling and bracing. When cabling weak tree crotches,
cables shall be placed approximately two-thirds of the distance between the
crotch and top branch ends. Rustresistant cables, thimbles and lags shall
be used. The ends of the cables shall be attached to hooks or eyes of lags
or bolts; the thimbles must be used in the eye splice in each end of the cable.
In no instances shall the cable be wrapped around the branch. All cabling
and bracing practices with screw rods shall follow the current Arboricultural
Specifications and Standards.
C.
All cuts shall be made with a saw or a pruner and only
at the branch bark collar of nodes or crotches. No stubs shall be left. No
spurs shall be used in trees, except when the trees are to be removed or in
the case of a rescue.
D.
No utility shall use village/public trees for pole support
or to connect any support cables or attach utility meters thereon.
