[Adopted 6-14-1982 (Ch. 113, Art. II of the 1971 Code); amended 10-28-2002]
For the purpose of this article, the following terms shall have the meaning given herein:
PARK Includes any public park having an individual name.
PROPERTY LINE The boundary line between private property and the City right-of-way.
PROPERTY OWNER The person owning such property as shown by the tax map of the City of Middletown, New York.
PUBLIC TREES All trees hereafter planted by the City on any street, park or any other public place.
RIGHT-OF-WAY City-owned or -controlled area of ground between the private property line and the edge of the curb or street.
TREE LAWN That part of the 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.
TREE PROTECTION ZONE All tree lawns, parks and other City-owned property, and all land within any right-of-way of any street or highway.
TREES AND SHRUBS Any woody plants which have self-supporting aboveground parts which are viable year round.
In case of emergencies, such as windstorms, ice storms or other disasters, the requirements outlined under §§
449-5 and
449-6 of this article shall be waived so that the requirements of this article would in no way hinder private or public works to restore order in the City. this article shall not be construed to prohibit any emergency activity immediately necessary to protect life, safety or property. Any such activity shall incorporate reasonable efforts to protect
trees and shrubs in
tree protection zones from unnecessary damage.