[HISTORY: Adopted by the Town Board of the
Town of Henrietta 6-17-1998. Amendments noted where applicable.]
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.
The diameter of the trunk at breast height (4.5 feet from
the ground).
Any tree not bearing or renewing leaves or needles in season.
Any dead or diseased tree, or portion thereof, posing a danger
to persons or property such that, in the judgment of the Municipal
Arborist or designee, the tree poses a significant threat to public
safety and/or otherwise constitutes a public nuisance.
[Amended 9-11-2019 by L.L. No. 10-2019]
Designated as those attaining a height of 45 feet or more.
Designated as those attaining a height of 30 to 45 feet.
[Amended 6-20-2001 by L.L. No. 3-2001]
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]
The designated area unit of the Town of Henrietta, County
of Monroe, State of New York.
Includes all public parks having individual names.
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]
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Any street upon which trucks are not prohibited.
The outer edge of a street, road or highway.
The person owning such property as shown by the County Auditor's
Plat of Monroe County, State of New York.
Includes all other grounds owned by the Town.
Includes all shade and ornamental trees now or hereafter
growing on any street or any public areas where otherwise indicated.
Designated as those attaining a height of 20 to 30 feet.
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.
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 endangering trees growing now or hereafter within 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, including use of a licensed professional consultant(s) meeting the requirements as set forth in Subsection A.
[Amended 9-11-2019 by L.L. No. 10-2019]
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.
(5)
Identification of endangering trees. The Municipal Arborist shall
have the authority to identify endangering trees, whether on public
or private property, for removal in the interest of public safety
and/or tree preservation.
[Added 9-11-2019 by L.L.
No. 10-2019]
[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.
[Added 9-11-2019 by L.L.
No. 10-2019[1]]
A.
Authority. The Town shall have the right to cause the removal of
any endangering tree, or any portion thereof, as designated by the
Municipal Arborist or designee, all as set forth herein.
B.
Complaints and inspections. Upon receipt of any complaint relating
to an endangering tree, the Town may have the Municipal Arborist,
designee, or member of its department of Building and Fire Prevention
review the matter. If the designated Town official finds that the
subject tree is an endangering tree, the Town may proceed to require
removal as set forth herein.
C.
Discretion and limitation on liability. The Town has the authority
and discretion to determine which, if any, matters it will pursue
under this chapter, all according to its available resources and the
level of danger a particular tree may present to the public, all in
the sole discretion of the Town. The Town shall not be liable for
any damages resulting from any tree, including any endangering tree.
D.
Private action. Should the Town decline to pursue a complaint subject
of this chapter or decline to pursue an action at the speed a complainant
feels is necessary, any citizen may pursue resolution of issues related
to trees by way of a private action at any time.
E.
Right to appeal negative determination. Should the Municipal Arborist
or designee decline to find a tree as an endangering tree, a complainant
may submit a report from a qualified arborist with a risk assessment
certification for consideration by the Municipal Arborist or designee.
The complainant shall not violate private property rights in so obtaining
such report. If, upon review of the report, the Municipal Arborist
or designee finds that the tree is an endangering tree, it may issue
a new determination so finding and order removal.
F.
Notice upon determination. Upon determination that a tree constitutes
an endangering tree, the Town shall notify the owner of the property
on which said tree resides, in writing, directing the removal of the
tree within 60 days of the date of the notice.
G.
Removal and owner right to appeal. The owner of the property on which
the endangering tree resides shall remove the indicated tree, at the
owner's expense, within 60 days of the date of notice. The notice
shall advise that the owner has the right to appeal the determination
of that the tree constitutes an endangering tree. An appeal of such
determination shall be filed within 30 days of the date of the notice
and shall be heard by the Town Board.
(1)
During such hearing, the Board shall hear any evidence from the owner
and the Municipal Arborist or designee regarding whether the tree
constitutes an endangering tree, and shall render a determination
thereon.
H.
Failure to remove and right to levy. In the event of the failure
of the owner to comply with the order to remove, the Town shall have
the authority to remove such tree and charge the cost of the endangering
tree's removal to the property owner. Said cost shall constitute a
lien on the property upon which the tree is located and may be collected
in the same manner as the collection of delinquent taxes.
[Added 9-11-2019 by L.L.
No. 10-2019]
A.
The Commissioner of Public Works, or designee, with input from the
Municipal Arborist, the Conservation Board, and/or the Shade Tree
Commission, shall maintain a database of public trees that need to
be replaced as well as new public trees that would add benefit to
the Town, referred to as the "Tree Bank." Each entry in the Tree Bank
shall also specify the allowed variety of tree for that location.
B.
When a new development is unable to provide trees required for by
the applicable Town Code due to reasonable lack of available land,
the Town Board, Planning Board, or Zoning Board of Appeals can require
the developer to select a number of tree locations from the Tree Bank,
equal to the number of trees they are deficient on their site plan
per the applicable Town Code, and plant those instead. For instance,
if the applicable Town code calls for a site to have 20 trees, but
the developer can only find locations for 13 trees, the Planning Board
could require the developer to plant the remaining seven trees in
the Tree Bank, selecting one of the tree varieties specified in the
Tree Bank.
C.
In the alternative, where the proposed development is unable to provide
trees required by the applicable Town Code due to reasonable lack
of available land, the Town Board, Planning Board, or Zoning Board
of Appeals can instead require payment of a fee in lieu of Tree Bank
planting for each tree which needs to be planted, which fee shall
be established by the Town Board. Such fee shall generally reflect
the cost of a tree on the Tree Bank to be planted. The fee shall be
determined by assessing the size and suitability of trees required
by the applicable Town Code for the development project as well as
other practical factors. Any monies paid to the Tree Bank pursuant
to this section shall be deposited into a fund to be used by the Town
exclusively for Tree Bank purposes.
[Amended 6-20-2001 by L.L. No. 3-2001; 2-18-2015 by L.L. No. 1-2015; amended 9-27-2023 by L.L. No. 9-2023]
Failure to comply with this chapter shall constitute
a violation, and, upon conviction thereof, shall be subject to a fine
in the minimum amount of $250, up to a maximum amount of $1,000.
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.
