[HISTORY: Adopted by the Board of Trustees of the Village
of Baldwinsville 2-19-1991 by L.L. No. 1-1991 (Ch. 66 of the 1971
Code). Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Tree Ordinance
of the Village of Baldwinsville, County of Onondaga, State of New
York."
The Board of Trustees hereby finds and declares that the preservation
and maintenance of trees on public property is necessary to protect
the health, safety and general welfare of the Village of Baldwinsville
in that trees on public property provide necessary shade, green space
and aesthetic appeal, provide environmental benefits and generally
enhance the quality of life. It is the intent of the Board of Trustees,
by the adoption of this chapter, to provide for:
A.
The protection and preservation of trees on public property and street
rights-of-way.
B.
The preservation of an acceptable level of green foliage on our streets
and public property.
C.
The replacement of those trees which are removed due to disease or
development.
D.
Ensuring that proper street trees are planted in new developments
and individual lot construction.
The following terms shall have the following respective meanings
unless the context requires otherwise:
All portions of a tree, including the trunk and roots, such
as branches, leaves, flowers and the foliage.
The department of the Village which shall have jurisdiction
over public trees.
All public parks no matter how individually named.
Any individual, organization, corporation or association
of persons; the singular number shall include the plural.
That board appointed by the Village Board of Trustees which
is authorized and empowered to approve plats pursuant to the provisions
of § 7-728 of the Village Law of the State of New York.[1]
The outer edge of a street or highway.
Includes, but are not limited to, all grounds used by the
Village, Village streets and Village-owned real property.
All shade and ornamental trees now or hereafter growing on
any street, park or public place.
That portion of the tree below grade which extends to the
outermost dripline of a tree.
The entire width of every public 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.
Any tree within the street right-of-way.
Any woody plant having at least one well-defined trunk at
least 2 1/2 inches in diameter measured at a height of 12 inches
above the natural grade and having a clearly defined crown.
That committee appointed annually by the Mayor, comprised
of citizens at large whose interest is in the preservation, planting
and maintenance of the Village trees. The Superintendent of Public
Works and a member of the Village Planning Board shall be ex officio
members of the "Tree Advisory Committee."
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 used for vehicular traffic.
Includes, but is not limited to, pruning, shaping, thinning,
cabling, stump removal, root grinding, fertilizing, removal, planting,
spraying, insect and disease control, etc., of a tree.
Those private or public entities which provide electricity,
gas, sewer, water, telephone and cable television to properties within
the Village.
That committee comprised of elected trustees that are appointed
by the Mayor annually to serve on said committee. This Committee may
also be referred to as the "Trustees Tree Committee" herein.
A.
The Department of Public Works under the Superintendent of Public
Works is responsible for the performance of all tree work under the
oversight of the Village Board of Trustees.
B.
The Tree Advisory Committee shall recommend to the proper authority
the type and kind of trees to be planted upon such municipal streets
or parts of municipal streets or in parks or on new single- or multiple-lot
subdivisions as is designated. Further, said Committee shall study
the problems and determine the needs of the Village of Baldwinsville
in connection with its tree planting program and assist the Board
of Trustees and the citizens of the Village in the dissemination of
news and information regarding selection, planting and maintenance
of trees within the corporate limits of the Village, whether the same
be on private or public property, and to make such recommendations
from time to time to the Board of Trustees as to desirable legislation
concerning the tree program and activities for the Village. The Tree
Advisory Committee shall serve without pay.
C.
The Board of Trustees Tree Committee shall meet regularly with the
Tree Advisory Committee and bring to the Village Board reports of
activity, items requiring Village Board action, recommend ordinance
amendments and tree budget recommendations.
D.
The Village Superintendent of Public Works shall have the authority
to administer 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 tree work for all trees growing now or hereafter in any public
area of the Village of Baldwinsville. The Superintendent shall cause
the provisions of this chapter to be enforced. In his absence, these
duties shall be the responsibility of a qualified alternate designated
by the Village Board of Trustees.
A.
No persons or utility shall plant, spray, fertilize, treat, prune,
remove, cut above ground, disturb the root system or otherwise disturb
any public tree or shrub on any street, park or public place. Further,
no person shall fasten or attach to any tree any sign, poster, bill,
notice or advertisement of any kind.
B.
No person or utility shall cause or permit any brine, oil, gasoline,
liquid dye or other substance deleterious to tree life to lie, leak,
pour, flow or drip on or into the soil about the base of a tree at
a point where such substance may in any manner injure such tree.
C.
No person shall fasten or cause to be fastened any animal to a tree
in any street or public place or permit any animal owned by him or
in his charge to stand so near any such tree that the tree may be
gnawed or otherwise injured by the animal.
D.
No person or utility shall excavate any ditches, tunnels or trenches or lay any drive within a radius of 10 feet from any public tree without first obtaining written permission from the Superintendent of Public Works. No person shall deposit, place, store or maintain upon any public place of the Village 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 permission of the Superintendent of Public Works. In case where damages from construction, excavation and/or material deposits result in the destruction and/or removal of a tree, the person or utility responsible for that damage shall replace that tree with a tree of equivalent dollar value in the vicinity of the removed tree or make a compensatory payment as outlined below in § 317-6.
E.
No trees shall be planted or allowed to grow on private or public
lands within the limits of, or which will interfere with, any drainage,
sewer, water or utility easement.
F.
No person, utility or property owner shall remove a tree from the
tree lawn for the purpose of construction or for any other reason
without first filing application and procuring written permission
from the Superintendent of Public Works.
A.
Whenever any tree shall be planted or set out in conflict with the
provisions of this section, it shall be lawful for the Village Public
Works Department to remove or cause removal of the same, and the cost
thereof shall be assessed and charged to the owner of the premises
involved and shall be collected in the manner provided by law.
B.
Replacement of removed trees shall meet the standards of size, species
and placement as provided for in a permit issued by the Superintendent
of Public Works. The person or property owner shall bear the cost
of removal and replacement of all trees removed.
C.
Any person, utility or property owner who has removed a public tree
without obtaining the appropriate Village authorization shall replace
that tree with a tree of equivalent dollar value in the vicinity of
the removed tree. The value of the tree will be determined in accordance
with the Guide for Establishing Values of Trees and Other Plants,
published by the International Society of Arboriculture. If no suitable
location exists in the vicinity of the tree removed or if the replacement
tree is of lesser value, the person causing the tree to be removed
shall make a compensatory payment to the Village equal to the difference
in value between the tree removed and any replacement tree. Such compensatory
payment shall be paid into a fund established by the Village Treasurer
for that purpose and used solely for the purpose of enhancing the
urban forest.
D.
Any person desiring to have tree work performed on a public tree
shall make his request in writing to the Superintendent of Public
Works for review and written approval.
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 and shrubs to prune such trees or shrubs 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 seven feet over sidewalks
or tree lawns and 12 feet over all streets, except truck thoroughfares
which shall have clearance of 16 feet. Should any person or persons
owning real property bordering on any street fail to prune trees or
shrubs as hereinabove provided, the Superintendent of Public Works
is authorized to order such person or persons, within 20 days after
receipt of written notice, to so prune such trees or shrubs.
A.
Any order herein shall be served by mailing a copy of the order to
the last known address of the property owner, by certified mail.
B.
When a person to whom an order is directed shall fail to comply within
the specified time, it shall be lawful for the Village to prune such
trees or shrubs and be cost thereof shall be assessed and charged
to the owner of the premises involved and shall be collected in the
manner provided by law.
Trees which are acceptable or unacceptable for planting shall
adhere to the respective list adopted by the Village Board of Trustees.
Whenever the Superintendent of Public Works shall determine
that any tree on private property, by reason of its condition or its
intrusion (including intrusion of roots) into public property, constitutes
a hazard to vehicular or pedestrian traffic, the use of fire apparatus,
an interference with streetlighting or an interference with maintenance
of public property, the Superintendent of Public Works may issue an
order to the owner or owners of said property to prune or remove said
tree or its roots, at his or their own expense, so that it will no
longer constitute such hazard or interference, or such tree may be
pruned or removed by the Village, and the expense of such pruning
or removal shall be assessed and charged to the owner of the premises
involved and shall be collected in the manner provided by law.
A.
Application data. The Village may allow plantings by other persons,
subject to approval, upon application to the Superintendent of Public
Works. The application shall state the number of trees to be set out;
the location, grade, species and cultivar, the variety of each tree;
the method of planting; and such other information as the Superintendent
of Public Works shall find reasonably necessary to a fair determination
of whether a permit should be issued.
B.
Improper planting. Whenever any tree shall be planted or set out
in conflict with the provisions of this section, it shall be lawful
for the Superintendent of Public Works to remove or cause removal
of the same, and the cost thereof shall be assessed and charged to
the owner of the premises involved and shall be collected in the manner
provided by law.
C.
New construction plantings. Builders on single lots shall make payment
to the Village for a minimum of two trees per lot at the time of building
permit issuance. Builders in subdivisions shall make payment to the
Village, at the time of building permit issuance, in accordance with
the tree planting schedule, as approved by the Planning Board, for
each lot. Where field conditions do not permit plantings as specified
per the tree schedule, the Superintendent may adjust plantings to
fit conditions.
D.
Fee. All public tree plantings shall be performed by the Village
of Baldwinsville Department of Public Works, at a fee to be paid by
the builder to the Village prior to building permit issuance. The
fee for each tree shall be set by the Village Board and may be amended
from time to time.
E.
Right-of-way requirements. All subdivision plans shall provide for
an area for a tree easement. The tree easement shall be a five-foot-wide
strip of land from the street and utility rights-of-way or easements
as is commonly associated with the street Trees planted in accordance
with this section shall be within this five-foot reserved area. Said
trees will be planted and maintained by the Village for a period of
five years from date of planting, after which time the five-foot easement
shall lapse and the tree(s) shall become the property of the lot owner.
No person shall hinder, prevent, delay or interfere with the
Superintendent of Public Works or any of his assistants while engaged
in carrying out the execution or enforcement of this chapter; provided,
however, that nothing herein shall be construed as an attempt to prohibit
the pursuit of any remedy, legal or equitable, in any court of competent
jurisdiction for the protection of property rights by the owner of
any property within the municipality.
Any person aggrieved, affected or interested in any decision
relative to public trees shall have the right, within 20 days from
the date of decision or within 20 days of receipt of notice of such
decision, to appeal to the Village Board of Trustees, which shall
review the decision and make a final determination.
Any person violating any of the provisions of this chapter shall
commit an offense and shall be punishable by a fine not exceed $1,000
or imprisonment for not more than 15 days, or both. The destruction
or injury of each tree shall be deemed a separate offense.
A.
The Village of Baldwinsville hereby adopts the Arboricultural Specifications
and Standards of Practice of the International Society of Arboriculture
as published under A Standard Municipal Tree Ordinance, latest edition,
as amended by the Village Board (copy of which is available for review).
B.
All tree work done by or in the Village of Baldwinsville shall conform
to these specifications and standards.
