Town of Henrietta, NY
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Henrietta 6-17-1998. Amendments noted where applicable.]
GENERAL REFERENCES
Parks — See Ch. 187.
Property maintenance — See Ch. 205.
Subdivision of land — See Ch. 245.
This chapter shall be known and may be cited as the "Municipal Tree Ordinance of the Municipality of Henrietta, County of Monroe, State of New York."
For the purpose of this chapter the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. The word "should" is directory, whereas the word "shall" is mandatory and not merely directory.
dbh
The diameter of the trunk at breast height (4.5 feet from the ground).
DEAD TREE
Any tree not bearing or renewing leaves or needles in season.
ENDANGERING TREE
Any tree posing a threat to life, limb or property such that, in the judgment of the Municipal Arborist, removal must be accomplished within two weeks.
LARGE TREES
Designated as those attaining a height of 45 feet or more.
MEDIUM TREES
Designated as those attaining a height of 30 to 45 feet.
[Amended 6-20-2001 by L.L. No. 3-2001]
MUNICIPAL ARBORIST
The Municipal Arborist or other qualified designated official of the Municipality of Henrietta, County of Monroe, State of New York, assigned to carry out the enforcement of this chapter.
[Amended 6-20-2001 by L.L. No. 3-2001]
MUNICIPALITY
The designated area unit of the Town of Henrietta, County of Monroe, State of New York.
PARK
Includes all public parks having individual names.
PARK AND STREET TREES DEPARTMENT
The Department of Parks and Facilities and/or the Highway Department or other designated departments of the municipality under whose jurisdiction park and/or street trees fall.
[Amended 6-20-2001 by L.L. No. 3-2001]
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
PRINCIPAL THOROUGHFARE
Any street upon which trucks are not prohibited.
PROPERTY LINE
The outer edge of a street, road or highway.
PROPERTY OWNER
The person owning such property as shown by the County Auditor's Plat of Monroe County, State of New York.
PUBLIC PLACES
Includes all other grounds owned by the Town.
PUBLIC TREES
Includes all shade and ornamental trees now or hereafter growing on any street or any public areas where otherwise indicated.
SMALL TREES
Designated as those attaining a height of 20 to 30 feet.
STREET or HIGHWAY
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 purposes of vehicular and pedestrian traffic.
TREE LAWN
That part of a street or highway not covered by sidewalk or other paving lying between the property line and that portion of the street or highway usually used for vehicular traffic.
A. 
There shall be created a commission to be known and designated as the "Shade Tree Commission (STC)," which shall be a subcommittee of the Henrietta Conservation Board. The STC shall consist of the current seven members of the Conservation Board, the Commissioner of Public Works as an ex officio member and the Director of Parks and Facilities or Municipal Arborist as an ex officio member for a total of nine subcommittee members.
[Amended 6-20-2001 by L.L. No. 3-2001]
B. 
The duties of said Shade Tree Commission shall be as follows:
(1) 
To study the problems and determine the needs of the Town of Henrietta, County of Monroe, State of New York, in connection with its tree planting program.
(2) 
To recommend to the property authority the type and kinds of trees to be planted upon such municipal streets or in parks as designated.
(3) 
To assist the properly constituted officials of the Town of Henrietta, County of Monroe, State of New York, as well as the Town Board and citizens of the municipality, in the dissemination of news and information regarding the selection, planting and maintenance of trees within the corporate limits, whether the same be on public or private property, and to make the recommendations from time to time to the Town Board as to desirable legislation concerning the trees program and activities for the Town of Henrietta.
(4) 
To provide regular and special meetings at which the subject of trees insofar as it relates to the Town may be discussed by the members of the Commission, officers and personnel of the Town and its several divisions and all others interested in the tree program.
C. 
Within a reasonable time after the appointment of said Commission and the approval of the members thereof, upon call of the Supervisor, said Commission shall meet and organize by the election of a Chairman and the appointment of a Secretary. Said Commission shall then provide for the adoption of rules and procedures and for the holding of regular and special meetings as said Commission shall deem advisable and necessary in order to perform the duties set forth.
A. 
The Municipal Arborist shall have a four-year college degree or its equivalent in arboriculture; amenity, ornamental or landscape horticulture; urban forestry; or other closely related field. He/She shall have had at least four years' experience in municipal shade tree work or its equivalent.
B. 
The Municipal Arborist shall have the authority to promulgate the rules and regulations of the arboricultural specifications and standards of practice governing the planting, maintenance, removal, fertilization, pruning and bracing of trees on the streets or other public sites in the Town and shall direct, regulate and control the planting, maintenance and removal of all trees growing now or hereafter in any public area of the Town. He/she shall cause the provisions of this chapter to be enforced. In his/her absence these duties shall be the responsibility of a qualified alternate designated by the Town.
C. 
Authority of Municipal Arborist.
(1) 
The Municipal Arborist shall have the authority and jurisdiction of regulating the planting, maintenance and removal of trees on streets and other publicly owned property to ensure safety or preserve the aesthetics of such public sites.
(2) 
Supervision. The Municipal Arborist shall have the authority and it shall be his duty to supervise or inspect all work done under a permit issued in accordance with the terms of this chapter.
(3) 
Conditions of permit. The Municipal Arborist shall have the authority to affix reasonable conditions to the granting of a permit in accordance with the terms of this chapter.
(4) 
Master Street Tree Plan. The Municipal Arborist shall have the authority to formulate a Master Street Tree Plan with the advice, a hearing and approval of a Shade Tree Commission. The Master Street Tree Plan shall specify the species of tree to be planted on each of the streets or other public sites of the Town. From and after the effective date of the Master Street Tree Plan, or any amendment thereof, all planting shall conform thereto.
(a) 
The Municipal Arborist shall consider all existing and future utility and environmental factors when recommending a specific species for each of the streets or public sites of the Town.
(b) 
Amendments. The Municipal Arborist, with the approval of the Shade Tree Commission, shall have the authority to amend or add to the Master Street Tree Plan at any time that circumstances make it advisable.
[Amended 2-18-2015 by L.L. No. 1-2015]
A. 
Planting, maintenance and removal.
(1) 
No person shall plant, spray, fertilize, preserve, prune, remove, cut above ground or otherwise disturb any tree on any street or municipal-owned property without first filing an application and procuring a permit from the Municipal Arborist or Supervisor's designee. The person receiving the permit shall abide by the arboricultural specifications and standards of practice adopted by the Municipal Arborist or Supervisor's designee.
(2) 
Application for permits must be made at the office of the Municipal Arborist or Supervisor's designee not less than 48 hours in advance of the time the work is to be done.
(3) 
Standards of issuance. The Municipal Arborist or Supervisor's designee shall issue the permit provided for herein if, in his/her judgment, the proposed work is desirable and the proposed method and workmanship thereof are of a satisfactory nature. Any permit granted shall contain a definite date of expiration, and the work shall be completed in the time allowed on the permit and in the manner as therein described. Any permit shall be void if its terms are violated.
(4) 
Notice of completion shall be given within five days to the Municipal Arborist or Supervisor's designee for inspection.
B. 
Planting.
(1) 
Application data. The application required herein shall state the number of trees to be set out, the location, grade, species, cultivar or variety of each tree; the method of planting; and such other information as the Municipal Arborist or Supervisor's designee shall find reasonably necessary to a fair determination of whether a permit should be issued.
(2) 
Improper planting. Whenever any tree shall be planted or set out in conflict with the provisions of this section, it shall be lawful for the Municipal Arborist or Supervisor's designee to remove or cause removal of the same, and the exact cost thereof shall be assessed to the owner as provided by law in the case of assessments.
C. 
Maintenance.
(1) 
Application data. The application required herein shall state the number of kinds of trees to be sprayed, fertilized, pruned or otherwise preserved; the kind of treatment to be administered; the composition of the spray material to be applied; and such other information as the Municipal Arborist or Supervisor's designee shall find reasonably necessary to a fair determination of whether a permit should be issued.
D. 
Removal, replanting and replacement.
(1) 
Whenever it is necessary to remove a tree or trees from a tree lawn in connection with a paving of a sidewalk, or the paving or widening of the portion of a street or highway used for vehicular traffic, the municipality shall replant such trees or replace them. In the event that conditions prevent planting on tree lawns, this requirement will be satisfied if any equivalent number of trees of the same size and species as provided in the arboricultural specifications are planted in an attractive manner on the adjoining property.
(2) 
No person or property owner shall remove a tree from the tree lawn for the purpose of construction or for any other reason without first filing an application and procuring a permit from the Municipal Arborist or Supervisor's designee and without replacing the removed tree or trees in accordance with the adopted arboricultural specifications. Such replacement shall meet the standards of size, species and replacement as provided for in a permit issued by the Municipal Arborist or Supervisor's designee. The person or property owner shall bear the cost of removal and replacement of all trees removed.
[Amended 2-18-2015 by L.L. No. 1-2015]
It shall be the duty of any person or persons owning or occupying real property bordering on any street upon which property there may be trees or vegetative growth to prune such trees or vegetative growth in such manner that they will not obstruct or shade streetlights, obstruct the passage of pedestrians on the sidewalks, obstruct vision of traffic signs or obstruct view of any street intersection. The minimum clearance of any overhanging portion thereof shall be 10 feet over sidewalks and 12 feet over all streets, except truck thoroughfares which shall have a clearance of 16 feet.
A. 
Notice to prune. Should any person or persons owning real property bordering on any street fail to prune trees as hereinabove provided, the Municipal Arborist or Supervisor's designee shall order such person or persons, within three days after receipt of written notice, to so prune such trees.
B. 
Order required. The order required herein shall be served by mailing a copy of the order to the last known address of the property owner, by certified mail.
C. 
Failure to comply. When a person to whom an order is directed shall fail to comply within the specified time, it shall be lawful for the Town to prune such trees, and the exact cost thereof shall be assessed to the owner as provided by law in the case of special assessments.
[Amended 2-18-2015 by L.L. No. 1-2015]
Unless specifically authorized by the Municipal Arborist or Supervisor's designee, no person shall intentionally damage, cut, carve, transplant or remove any tree; attach any rope, wire, nails, advertising posters or other contrivance to any tree; allow any gaseous liquid or solid substance which is harmful to such trees to come in contact with them; or set fire or permit any fire to burn when such fire or the heat thereof will injure any portion of the tree.
[Amended 2-18-2015 by L.L. No. 1-2015]
No person shall hinder, prevent, delay or interfere with the Municipal Arborist or Supervisor's designee or any of his assistants while engaged in carrying out the execution or enforcement of this chapter; provided, however, that nothing herein shall be construed as an attempt to prohibit the pursuit of any remedy, legal or equitable, in any court of competent jurisdiction for the protection of property rights by the owner of any property within the Town.
A. 
All trees on any street or other publicly owned property near any excavation or construction of any building, structure or street work shall be guarded with a good substantial fence, frame or box not less than four feet high and eight feet square, or at a distance in feet from the tree equal to the diameter of the trunk in inches dbh, whichever is greater, and all building material, dirt or other debris shall be kept outside the barrier.
B. 
No person shall excavate any ditches, tunnels or trenches or lay any drive within a radius of 10 feet from any public tree without first obtaining a written permit from the Municipal Arborist or Supervisor's designee.
[Amended 2-18-2015 by L.L. No. 1-2015]
[Amended 2-18-2015 by L.L. No. 1-2015]
No person shall deposit, place, store or maintain upon any public place of the municipality any stone, brick, sand, concrete or other materials which may impede the free passage of water, air or fertilizer to the roots of any tree growing therein, except by written permit of the Municipal Arborist or Supervisor's designee.
[Added 2-18-2015 by L.L. No. 1-2015]
A. 
For any proposed subdivision, the developer will be required to furnish and install two street trees per lot. Any deviation from the requirement of two street trees per lot will require approval from the Planning Board. This requirement shall not apply to multiple-family dwellings or to cluster developments approved under Town Law § 278.
B. 
Upon completion and acceptance of the landscaping, a two-year maintenance agreement will be required of the Town of Henrietta. The maintenance guarantee will be for two years from the date of final acceptance of each section of the subdivision.
[Amended 6-20-2001 by L.L. No. 3-2001; 2-18-2015 by L.L. No. 1-2015]
Any person, firm, or corporation violating or failing to comply with any of the provisions of this chapter shall be guilty of misdemeanor and, upon conviction thereof, shall be fined a minimum of $250 up to a maximum of $1,000 or may be imprisoned for a term not to exceed one year, or both.
This chapter is hereby declared to be of immediate necessity for the preservation of public peace, health and safety and shall be in full force and effective from and after its passage and publication as provided by law.