[HISTORY: Adopted by the Board of Trustees
of the Village of Caledonia 2-3-2015 by L.L. No. 2-2015.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 67.
[1]
Editor's Note: This chapter was originally enacted as Ch.
216 and was renumbered to fit the alphabetic sequence of the Code.
This chapter shall be entitled "Tree Law for the Village of
Caledonia, New York."
This chapter is enacted to protect and promote the health, safety
and welfare of the inhabitants of the Village of Caledonia by providing
for the regulation of the planting, maintenance and removal of trees,
shrubs and other plants on Village-owned land within the Village of
Caledonia.
As used in this chapter, the following definitions shall apply:
Detailed specifications and standards of practice regarding
such arboricultural activities as planting site and tree selection,
site preparation and tree planting, maintenance, removal, replanting
and replacement.
The Department of Public Works Superintendent of the Village
of Caledonia.
A listing of suitable and desirable types and species of
trees able to thrive on Village streets and public places in the Village.
Any person, firm, partnership, association, corporation,
company, or an organization of any kind, including public or private.
All grounds owned by the Village of Caledonia, or under its
control or supervision, whether or not leased or under contract to
the Village.
Any tree now or hereafter growing within the boundaries of
a Village right-of-way or public place.
The entire width of every public street or right-of-way when
any part thereof is open to the use of the public for purposes of
vehicular or pedestrian traffic.
The Tree Board for the Village of Caledonia created by this
chapter.
That part of a street not covered by the sidewalk or other
pavement lying between a property boundary line and that portion of
the street usually used for vehicular traffic.
An annual written review and description of Village tree
goals, objectives and such related activities as updating the arboricultural
specification and standards of practice, conducting street tree inventories,
planting trees and sponsoring educational programs for the public.
The Village of Caledonia, New York.
The Board of Trustees for the Village of Caledonia.
A person under the age of 18 years.
The Youth Advisory Council for the Village of Caledonia,
appointed by the Mayor of the Village of Caledonia.
A.Â
There is hereby created a Tree Board which shall consist of five
members who shall be appointed by the Mayor, subject to approval of
the Village Board. All members shall be residents of the Village.
Members of the Board shall serve without compensation. To the extent
possible, at least one member of the Board shall be one who is professionally
trained in a field such as forestry, botany, horticulture or landscape
architecture. The term of each member shall be five years; provided,
however, that the terms of members first appointed shall be so fixed
that the term of one member shall expire at the end of the Village
official year in which such member was initially appointed. The terms
of the remaining members first appointed shall be so fixed that one
term shall expire at the end of each official year thereafter. At
the expiration of the term of each member first appointed, his or
her successor shall be appointed for a term of five years. If a vacancy
shall occur during the term of a member, his or her successor shall
be appointed to complete the unexpired portion of the term in which
the vacancy occurred. The Mayor shall have the power to remove, after
public hearing, any member of the Board for cause.
B.Â
The Village Board is authorized and empowered to make such appropriation
as it may deem fit for Tree Board expenses.
C.Â
The members of the Tree Board shall annually elect a Chairperson
of the Board and a Secretary for the Board, each to serve for one
year.
D.Â
The Tree Board shall be authorized to:
(1)Â
Coordinate, recommend and implement the care, maintenance and planting
of all public trees;
(2)Â
Develop a comprehensive tree plan for the Village, including, but
not limited to, developing and recommending an annual written Village
tree plan; and
(3)Â
Provide advice and consultation regarding trees to the Village Board,
Village employees and private citizens residing in the Village of
Caledonia.
E.Â
The Tree Board shall adopt rules and regulations concerning its governance
and operation. A majority of the members of the Board shall constitute
a quorum thereof for conducting business.
No tree, shrub or other vegetation, other than grass, shall
be planted or removed from any tree lawn or public place within the
Village, except in an emergency in which personal injury or property
damage is imminent, without the approval of the Tree Board and the
DPW Superintendent as provided in this chapter.
The Board shall develop and submit an annual tree plan to the
Village Board. The plan, after adoption by the Village Board, shall
constitute the tree plan for the Village and shall be administered
by the Board. The Village tree plan shall define the annual goals
and objectives of the Village tree program and shall include:
An owner of private property adjoining a Village street may
locate and plant a tree, trees or other plantings in the tree lawn,
at his or her own expense, with the written approval of the Tree Board
and the DPW Superintendent. Approval shall be granted if the proposed
planting is in accordance with the arboricultural specifications and
standards included in the Village tree plan and if the tree, trees
or other plantings to be planted is/are selected from the master tree
list. The DPW Superintendent shall authorize the approved planting
in writing and shall approve a map or diagram showing the location
of the tree planting. Any tree, trees or other plantings so planted
shall become a Village tree or planting and shall be added to the
Village street tree inventory.
An owner of private property adjoining a Village street may
request location and planting of a tree, trees or other plantings
in the tree lawn adjacent to his or her property by submitting such
request in writing to the DPW Superintendent. The DPW Superintendent
shall refer the request to the Tree Board for its consideration and
recommendation. The Board shall give written notice of its action
to the DPW Superintendent and the applicant. If the Board shall approve
the application, any tree, trees or other plantings to be planted
as a result thereof shall be planted by the Village and at the Village's
expense.
A.Â
All work on the Village public trees shall be performed in accordance
with the arboricultural specifications and standards included in the
Village tree plan.
B.Â
The DPW Superintendent shall assure that all public trees are properly
cared for and maintained in accordance with the guidelines of the
tree plan. No person other than the DPW Superintendent, or his duly
authorized deputy, agent or employee, shall fertilize, spray, cable
or brace, trim, prune, cut above ground or below ground or otherwise
disturb any public tree.
A.Â
The DPW Superintendent, with prior agreement of the Village Tree
Board, shall treat or remove any public trees that are dead, diseased
or constitute a hazard to life or property. No person, other than
the DPW Superintendent, or his duly authorized deputy, agent or employee,
shall prune, cut down, remove or destroy any tree standing or lying
on land within the boundaries of any Village street or public place
of the Village unless authorized by the DPW Superintendent. All removal
work shall be performed in accordance with the arboricultural specifications
and standards of practice contained in the Village tree plan.
B.Â
The Village shall replant or replace any public tree that it removes,
wherever practical and within fiscal constraints.
The DPW Superintendent shall provide and require that Village
public trees which are removed shall be replanted or replaced in accordance
with the arboricultural specifications and standards of practice contained
in the Village tree plan and that all replacement trees are selected
from the master tree list. If conditions prevent planting at the removal
site, a tree removed from the tree lawn may be replanted or replaced
at an alternative site in the same area.
Any person violating this chapter shall, upon conviction thereof,
be guilty of a violation and shall be fined not more than $250 or
imprisoned for not more than 15 days, or both such fine and imprisonment.
Each tree or planting affected by noncompliance shall constitute a
separate violation. In lieu of, or in addition to, any fine or imprisonment,
or both, imposed for a conviction of a violation of this chapter,
each violation may be subject to a civil penalty not exceeding $500.
Each day a violation continues shall be subject to a separate civil
penalty. In addition to such civil penalty, payment to the Village
of the value of any tree or planting damaged, destroyed or removed
in violation of this chapter shall be awarded in the amount equal
to the value of said tree or trees.
This chapter shall supplant and supersede any provision of law
in the Caledonia Village Code which is conflict with or is inconsistent
with this chapter, unless expressly otherwise provided in such other
law.
