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.
