This chapter shall be known and may be cited
as the "Municipal Tree Ordinance of the Municipality of Oneida, County
of Madison, State of New York."
As used in this chapter, the following terms
shall have the meanings respectively ascribed to them below:
The designated official of the city assigned to carry out
the enforcement of this chapter.
Any tree which has attained a height of 45 feet or more.
A tree which has attained a height of 30 to 45 feet.
Includes all public parks having individual names.
The designated department of the city under whose jurisdiction
park and/or street trees fall.
Any street upon which trucks are not prohibited.
The outer edge of a street or highway right-of-way.
The person owning such property as shown by the County Auditor's
plat of the county.
Includes all other grounds owned by the city.
Includes all shade and ornamental trees now or hereafter
growing on any street or any public areas where otherwise indicated.
A tree which has attained 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.
All work on public trees shall comply with this
chapter. The Arboricultural Specifications and Standards of Practice
shall be adhered to at all times, but may be amended at any time that
experience, new research or laws indicate improved methods, or whenever
circumstances make it advisable, with the approval of the Shade Tree
Commission.
The City Engineer 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 municipality and shall direct, regulate and control
the planting, maintenance and removal of all trees growing now or
hereafter in any public area of the city. He shall cause the provisions
of this chapter to be enforced and shall perform such other duties
as required herein. In his absence, his duties shall be the responsibility
of a qualified alternate designated by the city.
A.
Wherever it is necessary to remove a tree from a tree
lawn in connection with the paving of a sidewalk or the paving or
widening of the portion of a street or highway used for vehicular
traffic, the city shall replant such tree or replace it, provided
that if 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 for in the Arboricultural Specifications are
planted in an attractive manner on the adjoining property.
B.
No person or property owner shall remove a tree from
the tree lawn for the purpose of construction or for any other reasons
without procuring the required permit and replacing the removed tree
in accordance with the adopted Arboricultural Specifications. Such
replacement shall meet the standards of size, species and placement
as provided for in the required permit. The person or property owner
shall bear the cost of removal and replacement of all trees removed.
C.
Whenever any tree shall be planted or set out without,
or in violation of, the required permit, the City Engineer may 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 special assessments.
A.
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 to prune such trees in such manner that they will
not obstruct or shade the streetlights, obstruct the passage of pedestrians
on sidewalks, obstruct vision of traffic signs or obstruct view of
any street or alley 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.
B.
Should any person or persons owning real property
bordering on any street fail to prune trees as herein provided, the
City Engineer shall order such person or persons, within three days
after receipt of written notice, to so prune such trees. Such order
shall be served by mailing a copy of the order to the last known address
of the property owner, by certified mail. When a person to whom an
order is directed shall fail to comply within the specified time,
the city may prune such trees, and the exact cost thereof shall be
assessed to the owner as provided by law in the case of special assessments.
Unless specifically authorized by the City Engineer,
no person shall intentionally damage, cut, carve, transplant or remove
any trees, attach any rope, wire, nails, advertising paper 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 any tree.
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 D.B.H., 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, trenches
or lay any drive within a radius of 10 feet from any public tree without
first obtaining a written permit from the City Engineer.
C.
No person shall deposit, place, store or maintain
upon any public place of the city any stone, brick, sand, concrete
or other materials which may impede the free passage of water, air
and fertilizer to the roots of any tree growing therein, except by
written permit of the City Engineer.
Any person violating or failing to comply with
any of the provisions of this chapter shall be guilty of a misdemeanor.
