Village of Cuba, NY
Allegany County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of Cuba Village 12-8-2003 by L.L. No. 1-2004. Amendments noted where applicable.]
Streets and sidewalks — See Ch. 173.
Zoning — See Ch. 200.
It is the purpose of this chapter to promote and protect the public health, safety and general welfare by providing for the regulation of the planting, maintenance and removal of trees, shrubs and other plants within the Cuba Village.
There is hereby created and established a Village Tree Board for Cuba Village, which shall consist of five members, citizens and residents of Cuba Village, who shall be appointed by the Mayor with the approval of the Cuba Village Board of Trustees. Members of the Tree Board shall serve without compensation.
The term of the five persons to be appointed by the Mayor shall be five years. Appointments will expire in a staggered manner that will result in one appointment per year. In the event that a vacancy shall occur during the term of any member, his or her successor shall be appointed for the unexpired portion of the term.
This chapter provides full power and authority over all trees and shrubs located within street rights-of-way, parks and public places of the Village of Cuba, and over trees, plants and shrubs located on private property that constitute a public nuisance or threat as described herein.
As used in this chapter, the following terms shall have the meanings indicated:
The Code Enforcement Officer for Cuba Village.
The Village of Cuba.
Any tree, shrub or plant with an infectious disease or insect problem; dead or dying trees; a tree or limb(s) that obstructs streetlights, traffic signs, or the free passage of pedestrians or vehicles; or a tree that poses a threat to safety.
The accompanying section detailing standards and specifications.
The Superintendent of Public Works for Cuba Village.
The Cuba Village Tree Board.
The Cuba Village Board of Trustees.
Additional definitions are located in the standards and specifications section.[1]
Editor's Note: See § 183-15.
Before any contract work shall be commenced, each applicant shall first file evidence of possession of worker compensation and liability insurance indemnifying the Cuba Village or any person injured or damage resulting from the pursuit of such endeavor as herein described.
In new subdivisions or when the development of commercial property occurs, the Tree Board shall review landscaping plans and may require street trees to be planted in any of the streets, parking lots, parks and other public places abutting lands henceforth developed and/or subdivided.
The planting, maintenance and removal of trees shall be accomplished in the manner specified in the standards and specifications.[1]
Editor's Note: See § 183-15.
No person shall plant, remove, cut above the ground, or disturb any tree on any street, park, or other public place without first filing an application with the Cuba Village Board. The person shall abide by the standards set forth in this chapter.
Upon the discovery of any destructive or communicable disease or other pestilence which endangers the growth or health of trees or threatens to spread disease or insect infestations, the Cuba Village Board shall at once cause written notice to be served upon the owner of the property upon which such diseased or infested tree is situated, and the notice shall require such property owner to eradicate, remove or otherwise control such condition within reasonable time to be specified in such notice.
The Superintendent of Public Works has the authority, upon the approval of the Cuba Village Board and proper notification of the property owner, to enter onto private property whereon there is located a tree, shrub, plant or plant part that is suspected to be a public nuisance and to order its removal if necessary.
Property owner(s) will be notified by registered/return-receipt-requested mail and given 15 days to notify the Village in writing that he/she/they intend to remove the public nuisance himself/herself/themselves. Within 30 days from notifying the Village of his/her/their intent to remove the public nuisance, the subject tree(s), shrub(s), plant(s) or plant part(s) shall be removed or the property owner will provide a written agreement from a removal company that they have been contracted to remove said public nuisance within a reasonable time.
If the public nuisance is not removed within 120 days from the date of the initial notice to the property owner(s) from the Village, then in such event, the Village may enter upon the premises and remove the public nuisance, and the property owner will be responsible to reimburse the Village for the cost of removal of the public nuisance. In the event of nonpayment by the property owner for removal of the public nuisance by the Village, then in such event, said cost of removal shall become a lien on the property.
The Village Board shall have the power to make known by public declaration and enforce rules, regulations and specifications concerning the trimming, spraying, removal, planting, pruning and protection of trees, shrubs, vines, hedges and other plants upon the right-of-way of any street, alley, sidewalk, or other public place in the Village.
Rule making and adoption of this legislation shall be accomplished by the Village Board under the advisory of the Tree Board. The Tree Board shall review this legislation no less than every five years.
Enforcement of this legislation shall be directed by the Code Enforcement Officer.
Violation. Any person who violates any provision of this chapter or who fails to comply with any notice issued pursuant to provisions of this chapter, upon being found guilty of violation, shall be subject to a fine not to exceed $250 for each separate offense. Each day during which any violation of the provisions of this chapter shall occur or continue shall be a separate offense. If, as a result of the violation of any provision of this chapter, the injury, mutilation or death of a tree, shrub, or other plant located on Village-owned property is caused, the cost of repair or replacement, or the appraised dollar value of such tree, shrub, or other plant, shall be borne by the party in violation. The value of trees and shrubs shall be determined in accordance with the latest revision of "A Guide to the Professional Evaluation of Landscape Trees, Specimen Shrubs, and Evergreens," as published by the International Society of Arboriculture.
Assessment of claim. In the event that a nuisance is not abated by the date specified in the notice, the Superintendent of Public Works is authorized to cause the abatement of said nuisance. The reasonable cost of such abatement shall be filed as a lien against the property on which the nuisance was located. In addition, the owner of the property on which the nuisance was located shall be subject to prosecution.
Appeals. Appeals shall be made to the Village Tree Board within 30 days, and the same must be in writing.
The Cuba Village Urban Forestry Program shall be financed in accordance with the Tree City USA policy of no less than $2 per capita.
Tree species. The Village Board develops and maintains a list of desirable trees for planting along streets in three size classes: small, medium and large.
Spacing. The spacing of street trees will be in accordance with the three species size classes listed in this chapter and no trees may be planted closer together than the following: small trees, 30 feet; medium trees, 40 feet; and large trees, 50 feet; except in special plantings designed or approved by a landscape architect.
Utilities. No street trees other than those species listed herein as small trees may be planted under or within 10 lateral feet of any overhead utility wire, or over or within five lateral feet of any underground waterline, sewer line, transmission line or other utility.
Distance from curb and sidewalk. The distance trees may be planted from curbs or curblines and sidewalks will be in accordance with the three species size classes listed in this chapter, and no trees may be planted closer to any curb or sidewalk than the following: small trees, two feet; medium trees, three feet; and large trees, four feet.
Topping. It shall be unlawful as a normal practice for any person, firm or city department to top any street tree, park tree, or other tree on public property. "Topping" is defined as the severe cutting back of limbs to stubs within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical, may be exempted from this subsection at the determination of the Village Tree Board.
Preservation. Developers may be required to preserve a percent of forested tracts, plant trees in open space, or pay into a Cuba Village tree planting fund so that there is no net loss of tree cover.
Permission to tap sugar maple trees within Cuba Village rights-of-way, parks and public places must be obtained from the Village Board. There will be no tapping of sugar maple trees that are under 10 inches in diameter. There will be no tapping of sugar maple trees with dead branches or other signs of decomposition.
Trees may not be enclosed with blacktop or other substance that will prevent proper watering or space for growth.