This chapter shall be known as the "Tree Protection
and Enhancement Law of the Village of Waterloo, New York."
The purposes of this chapter are to improve
the physical and aesthetic environment of the Village and protect
the health, safety and welfare of its inhabitants by establishing
and maintaining the maximum sustainable number of tree cover on public
and private lands through good horticulture practices consisting of
an appropriate diversity of tree species and age classes in order
to provide a stable and sustainable urban forest.
As used in this chapter, the following terms
shall have the meanings indicated:
COMMISSION
The Tree Commission of the Village of Waterloo.
PARK TREES
Trees, shrubs, bushes and all other woody vegetation situate
on all lands owned by the Village on and to which the public has free
access as a park.
STREET TREES
Trees, shrubs, bushes and all other woody vegetation situate
on lands located between the boundaries of adjacent property owners
on both sides of the street.
TREES
Trees, shrubs, bushes and all other woody vegetation, whether
situate on public or private lands.
A Tree Commission is hereby established and
shall consist of five members who shall represent diverse interest
groups (including but not limited to homeowners, tree professionals
and Village officials) and who shall be appointed by the Mayor subject
to approval of the Board of Trustees and who shall be subject to removal
by the Board of Trustees, for cause, after a public hearing.
Of the members first appointed to the Tree Commission,
one shall hold office for a term of one year, one for a term of two
years, one for a term of three years, one for a term of four years
and one for a term of five years from and after the date of appointment.
Their successors shall be appointed for not to exceed three five-year
terms. If a vacancy shall occur otherwise than by expiration of term,
it shall be filled by appointment for the unexpired term.
The Commission shall elect one of its members
Chairperson thereof and one of its members Secretary thereof who shall
keep minutes of the proceedings of the Commission. The Commission
may adopt rules and regulations in respect to procedure before it
and in respect to any subject matter over which it has jurisdiction
after a public hearing and subject to the approval of the Board of
Trustees.
Any person who hinders or interferes with the
exercise of the activities of the Commission or persons acting on
behalf of the Commission shall be considered obstructing governmental
administration.
Any person aggrieved by a decision, act, ruling,
or order of the Commission may appeal such to the Village Planning
Board, which is hereby granted the authority to review the same, to
conduct a hearing and to affirm, modify or nullify the same.
A violation of this chapter shall be a violation
punishable by a fine of not more than $250 or 15 days in jail, or
both, and as part of any sentence the court shall required the violator
to make restitution to the Village for any damages caused by said
violation in an amount not to exceed $1,000.