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Chapter 306, TREES AND SHRUBS
[HISTORY: Adopted by the Common Council of the City of Ithaca 12-5-1990
as part of Ord. No. 90-18 (Ch. 71 of the 1975 Municipal Code).Amendments
noted where applicable.]
GENERAL REFERENCES Shade Tree Advisory Committee -- See Ch. 112. Parks
and recreation -- See Ch. 336. Site development plan review -- See
Ch.
276. Streets and sidewalks -- See Chs. 285 and 342. Subdivision of
land
-- See Ch. 290.
§ 306-1. Purpose. This chapter regulates the planting, maintenance,
protection and removal of trees and shrubs on public streets, parks
and
other city-owned property; provides for a Shade Tree Advisory Committee;
and establishes the office of a City Forester in the Department of
Public Works. This chapter also provides for the issuing of permits
for
the planting, maintenance, protection and removal of trees and shrubs
in
city-owned places.
§ 306-2. Title. This chapter shall
be known and may he cited as the
"City Tree Ordinance."
§ 306-3. Definitions. The following
terms shall have the meanings
provided in this section unless their context requires otherwise:
CALIPER -- The diameter in inches of the tree trunk twelve (12) inches
above the base of the tree.
CITY AGENCY -- Any department, board, commission, committee or other
entity within the government of the City of Ithaca.
DBH ("diameter at breast height") -- The diameter of tree trunks at
a
height of four (4) feet six (6) inches from the finished grade at the
base of the tree.
PERSON -- Any corporation, firm, partnership, association, trust,
estate, one (1) or more individuals and any unit of government or agency
or subdivision thereof, except for a city agency.
TREES AND SHRUBS -- Any woody plants which have self-supporting,
aboveground parts which are viable year round.
A. The office of the City Forester is hereby established in the
Department of Public Works.
B. The City Forester, in consultation with the Shade Tree Advisory
Committee (STAC) and the Board of Public Works, shall have the authority
to implement and enforce the provisions of this chapter.
C. In furtherance of the purposes of this chapter, the Board of Public
Works, in consultation with the City Forester and the STAC, shall have
the authority
to adopt rules and regulations regarding arboricultural
specifications and standards of practice and such additional rules
and
regulations as the Board determines are necessary. These regulations
shall govern the planting, maintenance, removal, fertilization, pruning
and protection of trees and shrubs on public streets, parks or other
city property.
D. In the absence of the City Forester, the duties of that office shall
be the responsibility of the Supervisor of Parks and Forestry within
the
Department of Public Works.
§ 306-5. Planting, maintenance and removal regulations.
A. No person or city agency shall plant, spray, fertilize, prune,
remove, replace or otherwise disturb any tree or shrub on any public
street, park or other city-owned property without first submitting
a
written request therefor and obtaining written permission from the
City
Forester. Requests for written permission shall be acted on within
five
(5) business days of filing the written request with the City Forester.
All work for which such permission is given shall be done in accordance
with the Department of Public Works rules and regulations adopted
pursuant to § 306-4 of this chapter.
B. Persons or city agencies conducting regular maintenance work on trees
or shrubs may be granted
general permits to cover their work on a yearly
basis.
C. Except as provided in Subsection D, whenever a person or city agency
obtains written permission pursuant to Subsection A of this section
to
remove a tree or shrub from any city-owned land for the purpose of
construction or for any other reason, such person or agency shall
subsequently replace the tree or shrub within one (1) year of the
issuance of the tree-removal permit in a location to be determined
by
the City Forester somewhere in the city or have the city replace such
tree or shrub at the expense of the person who obtained such permission.
Such replacement shall meet the standards of size, species and placement
as provided for in the tree removal permit issued by the City Forester.
Unless the City Forester, for good cause, determines otherwise, trees
s
hall be replaced by
the caliper inch, such that for every inch of
diameter (DBH) removed, an equal number of caliper inches shall be
replaced [e.g., the removal of one (1) twelve-inch DBH tree shall
necessitate the planting of six (6) two-inch caliper trees or four
(4)
three-inch caliper trees, etc.].
D. It is the responsibility of the City Forester to determine if trees
or shrubs on city-owned property are
hazardous and to remove dead or
hazardous trees or shrubs from city-owned property. If replacement
is
recommended by the City Forester, the city shall replace the tree or
shrub within one (1) year of removal.
E. Wherever it is necessary to
remove a tree or shrub from a public
right-of-way in connection with the paving of a sidewalk or the paving
or widening of a street, the city or responsible agency or person shall
replant such tree or shrub or replace it. If conditions prevent planting
in the right-of-way, this requirement may be satisfied by planting
on
the adjoining property if the property owner agrees.
F. Requests from private citizens that new street trees be planted near
their property shall be accommodated in accordance with planting
priorities set by the City Forester in consultation with the STAC and
the Board of Public Works.
G. Specifications
governing tree species, size, spacing and method and
location of planting shall be approved by the City Forester. Inspection
of the trees by the City Forester shall be carried out, whenever
possible, prior to planting in order to ensure tree health and quality.
Whenever any person is required to replace a tree pursuant to this
chapter, a one-year guaranty of the tree's health shall be provided
for
such replacement trees.
H. Excavation within the street right-of-way for the purpose of
compliance with this section shall not be undertaken without a permit
from the City Engineer.
§
306-6. Damage prohibited. Unless specifically authorized in
writing by the City Forester, no person or city agency shall
intentionally damage, cut, carve, transplant or remove any tree or
shrub
on city-owned property; attach any rope, wire, nails, advertising
posters or other contrivance to any such tree or shrub; allow any gas,
liquid or solid substance which is harmful to any such tree or shrub
to
come in contact with it; or set fire or permit any fire to burn when
such fire or heat thereof will injure any portion of any tree or shrub
on city property. Written authorization for any action governed by
this
section may be obtained in the same manner as provided in §
306-5 of
this chapter.
A. Without written permission from the City Forester, no person or city
agency shall: (1) Undertake any construction or development activity
(including but not limited to the excavation of any ditches, tunnels,
or
trenches or the laying of pavement) within the dripline of any city
tree
or shrub. (2) Move or park vehicles associated with any construction
or
development activity which may affect any tree or shrub on city
property.
B. Guarding during construction or excavation. (1) Unless the City
Forester, for good cause, determines otherwise, all trees or shrubs
on
any public street or other city-owned property directly impinging on
any
excavation or construction of any building, structure or street work
shall be guarded as follows: (a) For trees or shrubs with a crown spread
of eight (8) feet or less, a substantial fence, frame or box not less
than four (4) feet high and eight (8) feet square shall surround the
tree or shrub. (b) For a tree or shrub with a crown spread over eight
(8)feet, a fence not less than four (4) feet high shall be placed at
least at the tree or shrub's dripline or at a distance prescribed by
the
City Forester. (2) All building material, soil or debris shall be kept
outside these barriers.
C. No person or city agency 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 on any tree or shrub growing thereon, except by written
permit of the City Forester.
D. Any written permission required by this section may be obtained in
the same manner as provided for in § 306-5.
§ 306-8. Obstruction of streets.
A. It shall be the duty of any person owning real property bordering
on
a public street to ensure that trees and shrubs on that property are
pruned in a manner that will not obstruct or shade streetlights,
obstruct the passage of pedestrians on sidewalks, obstruct vision of
traffic signs or obstruct the view of any street or alley intersection.
If trees are interfering with utility wires, it is the obligation of
the
appropriate utility company to correct the situation.
B. Should any person owning real property bordering on any public street
fail to comply as hereinabove provided, the City Forester shall order
the owner to take corrective action within fifteen (15) days after
receipt of written notice. The order required herein shall be served
by
mailing a copy of it to the last known address of the property owner.
C. When a person to whom an order it directed shall fail to comply
within the specified time, it shall be lawful for the city to prune
such
trees or shrubs or to pay for such pruning, and the cost
thereof shall
be assessed to the owner.
§ 306-9. Coordination of review. When plantings are to be done
on
projects that also require site development plan review (Chapter 276),
the City Forester and the site development plan review officer shall
coordinate review of the proposed planting plan.
§ 306-10. Emergency work.
A. This chapter shall not govern any emergency activity immediately
necessary to protect life, safety or property or to maintain access
to
any property. Any such activity shall incorporate reasonable efforts
to
protect trees and shrubs on city property from unnecessary damage.
B. Any person or city agency engaged in any action covered by Subsection
A shall make a reasonable effort to notify the City Forester prior
to
commencing that action and shall, in any event, provide written notice
of the emergency and the work done to the City Forester within three
(3)
calendar days of commencing that work.
§ 306-11. Appeals. Should
a dispute arise in the administering of
this chapter, an appeal can be requested by petitioning, in writing,
the
City Forester. The City Forester will have five (5) working days to
reply in writing. Should this provide an unsatisfactory resolution,
a
second appeal can be requested by petitioning the Superintendent of
Public Works. In such event, the Superintendent of Public Works shall
consult with the City Forester. The Superintendent will have ten (10)
working days from the filing of the second appeal to reply in writing.
Should this also provide an unsatisfactory resolution, a third appeal
can be requested by petitioning the Board of Public Works. The Board
of
Public Works will act upon the petition within thirty (30) days from
the
date of receiving the petition.
§ 306-12.
Penalties for offenses. Any person who violates or fails
to comply with any of the provisions of this chapter shall be guilty
of
a violation and, upon conviction thereof, shall be fined a sum not
more
than two hundred fifty dollars($250.) plus the cost of rectifying damage
to any tree or shrub on city-owned property.
If you have comments or suggestions, email me at hillman@msn.com
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