[Adopted by the Board of Trustees of the Village of Perry 2-21-2017 by L.L. No. 2-2017. Amendments noted where applicable.]
This chapter shall be known as the "Tree Law for the Village
of Perry in Wyoming County, State of New York."
It is the purpose and intent 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
within the Village of Perry which are on Village property or within
the right-of-way of any public street. It is also the purpose of this
chapter to establish and maintain diversity of tree species and maximize
tree canopy cover through tree planning and preservation.
As used in this chapter, the following terms shall have the
meanings indicated:
A high-capacity street (Routes 246 and 39).
A person, company or organization employed to supply necessary
skills and services in pruning, trimming or removing trees and shrubs.
Physical or chemical injury or harm done to any tree or shrub.
The application of substances to the plant or the surrounding
soil which are required for the optimal growth and health of the tree
or shrub.
Any tree that the Village of Perry Tree Board identifies
as rare, endangered or protected according to Village, county, state
or federal law, rule or regulation; one which has significant old
age; one which is associated with an historical event or person; one
which is a tree species of record size; one which has a unique feature
or been determined by the Village of Perry Tree Board to have a valuable
scenic enhancement qualities.
A tree which attains a height of 70 feet or more at maturity.
To keep a tree in maximum health and vigor.
A document that recommends to the Village Board of Trustees
projects for tree planting, maintenance, appreciation and replacement.
A tree that attains a maximum height of between 30 feet and
70 feet at maturity.
Pruning or cutting out of water sprouts, suckers, twigs or
branches less than three inches in diameter, or which constitutes
less than 15% of the tree's foliage bearing area. The work shall
retain the natural form of the tree. Removal of dead wood, broken
branches, and stubs are included within the definition of minor pruning.
Minor pruning in compliance with the Standards and Specifications
may be performed by the property owner without obtaining a permit.
A tree which is potentially dangerous, detrimental or hazardous
to the health, safety, or function of persons, utilities, or structures
in proximity to the tree.
The placing of a tree into soil that will encourage growth
and maximum health and vigor.
To keep a tree or shrub from harm, damage or danger; to protect
and save a tree or shrub.
A tree or shrub not on publicly owned land or within a public
street right-of-way; a tree or shrub on privately owned property.
To remove dead or living parts from a tree or shrub so as
to increase health, vigor and form or to protect traffic, sidewalks,
and utilities.
All property owned by the Village of Perry or public street
rights-of-way within the Village.
A tree or shrub with a trunk which is at least partially
on publicly owned land or within the right-of-way of a Village public
street.
To take away and remove a tree or shrub including the stump
to below ground level.
The removal of a dead, dying or diseased tree or shrub followed
by the planting of a tree or shrub of the same or different species
in the same or adjacent location.
The bordering land within 1.5 rods from the center of a Village
public street, road or highway, unless otherwise determined by state
or county road authorities.
16.5 feet.
Woody plant with more than one main stem emerging from the
ground.
A tree that attains a maximum height of up to 30 feet at
maturity.
The application of any pesticide, fertilizer or other substance
to a tree or shrub.
A document that lists up-to-date detailed tree planting and
maintenance standards, recommendations, and specifications.
Any tree or shrub planted or growing within the right-of-way
of a public street, road or highway.
A woody plant with a single central axis (trunk) emerging
from ground and acquiring a minimum height of 10 feet at maturity.
To remove parts of a tree or shrub to maintain a desired
shape or size.
Those entities that provide electricity, gas, sewer, water,
telephone and cable television to properties within the Village.
A.
Establishment; membership; terms.
(1)
The Village Board of Trustees shall create an advisory committee
known as the "Tree Board for the Village of Perry.
(2)
The Tree Board for the Village of Perry shall consist of at least
five uncompensated members, including at least one member of the Village
Board of Trustees and one representative from the Department of Public
Works. In addition, the Village Code Enforcement Officer shall serve
as ex officio member of the Committee.
(3)
Each member shall be appointed by the Board of Trustees for a term
of three years, which may be renewed for successive terms.
(4)
The Village Board of Trustees shall have the right to review the
conduct, acts and decisions of the Tree Board for the Village of Perry
and of its individual members. The Board of Trustees shall have the
power to remove individual members and to appoint new members as may
be necessary.
(5)
If a Committee member does not serve the full term for reasons other
than the expiration of the term, the Village Board of Trustees shall
appoint a successor, to serve for the unexpired term.
B.
Tree Board duties. The Tree Board shall have the following duties
that include, but are not limited to:
(1)
Studying, investigating, developing and/or updating the Village's
Tree Standards and Specifications for caring, preserving, pruning,
topping, replanting, removing or disposing of trees and shrubs in
parks, along Village streets, and in other public areas.
(2)
Maintaining reference materials relating to trees and shrubs.
(3)
Providing an inventory of the location of street trees when needed,
and determining areas where such trees could exist but are absent.
(4)
Establishing lists of recommended and undesirable tree species for
the Village and recommending to the Superintendent of Public Works
the type and kind of trees to be planted upon Village property.
(5)
Recommending specific tree varieties to be preferred along certain
streets for the sake of beautifying an avenue through uniformity in
the trees lining it, or to enhance the significance of streets named
after trees or to achieve some functional purpose.
(6)
Serving as a resource to the Superintendent of Public Works in an
advisory capacity to identify trees for immediate removal.
(7)
Identifying where no or few trees are present in the right-of-way,
and requesting the planting of new trees by the Superintendent of
Public Works, including specifying varieties and locations.
(8)
Providing or updating the Village of Perry Master Tree Plan at least
every five years.
(9)
Serving as a resource to the Village Board of Trustees for a yearly
estimate of project costs, and for help with prioritizing projects.
(10)
Upon request made by landowners, providing recommendations to
Village residents regarding trees on private property.
A.
The Tree Board is permitted to propose regulations, update the Village
Tree Standards and Specifications and give specific guidance to both
the Village Board of Trustees and the Department of Public Works for
the planting, maintenance, removal and replacement of trees and shrubs
on publicly owned Village property and within the rights-of-way of
public streets to ensure safety and/or to preserve or enhance the
aesthetics or function of such public sites.
B.
The Tree Board may inspect all tree-related work done on publicly
owned property or with the rights-of-way of public streets. The Tree
Board shall have the authority to formulate and propose a Tree Master
Plan which, after public hearing, may be adopted by resolution of
the Village Board of Trustees.
The Village encourages the planting of a large number and a
broad diversity of tree species on public and private property, as
well as the planning of areas of uniformity when it will enhance beauty,
function, or uniqueness.
No person shall remove, damage or plant any tree within the
right-of-way of any Village street or upon Village-owned property
without documented approval from the Superintendent of Public Works,
the Village Tree Board or, when appropriate, the Village Board of
Trustees, in accordance with Tree Standards and Specifications maintained
by the Tree Board, with the exceptions of adjacent landowners who
may do minor pruning and the Department of Public Works and other
utilities, which may prune, remove and replace trees interfering with
traffic or pedestrian safety or with the provision of electricity,
gas, sewer, water, telephone and cable television to properties, in
accordance with the Tree Standards and Specifications. Utilities must
prune and remove trees in accordance with sound arboricultural practices
to a reasonable minimum degree necessary to preserve the function
and safety of utilities while also preserving the natural form, symmetry,
canopy and number of trees as much as is reasonably possible.
A.
No trees shall be planted on Village property or upon public street
rights-of-way that, at maturity, will likely interfere with overhead
utility wires.
B.
It shall be the duty of any person or persons owning real property
bordering on any public street right-of-way to prune any trees or
shrubs thereon in such a manner that they will not obstruct or shade
streetlights, obstruct the passage of pedestrians on side-walks, obstruct
the visibility of traffic signs, obstruct or hinder the flow of traffic
or obstruct the view of any street or alley intersection.
C.
All trees and shrubs which have branches overhanging a public street
or sidewalk shall have said branches trimmed on the street side to
a clearance height of at least 16 feet on arterial streets or at least
12 feet on other streets, and on the sidewalk side to a clearance
of eight feet.
D.
All trees on public property or within public street rights-of-way
designated for removal shall be completely removed from the growing
site and disposed of in an authorized manner.
E.
When a tree or shrub on private property is found to be in noncompliance
with this chapter, the owner shall be notified thereof and asked to
correct the problem in a timely manner.
A.
Any street tree or tree planted on property owned by the Village
of Perry which is not maintained in compliance with the provisions
of the Tree Law or which is dead or dangerous is hereby declared to
constitute a public nuisance. The Superintendent of Public Works,
when made aware of such nuisance, shall abate the nuisance in a timely
manner, with tree replacement whenever possible. The Superintendent
of Public Works or the Village Tree Board may also request the replacement
of unsightly trees. Trees should be added, removed and replaced in
accordance with the Standards and Specifications.
B.
The Tree Board or the Superintendent of Public Works shall inform
the Village Board of Trustees of any private tree not maintained in
compliance with the provisions of this chapter or which is dead or
dangerous and request that written notice thereof be served on the
property owner. Such notice shall specify in detail the nature of
the Tree Board's or Superintendent's recommendations.
A.
Prior to development, redevelopment, razing or renovating of any
land within the Village, the Tree Board may request to survey the
property for the presence of landmark trees, as well as any other
rare, endangered or protected plants. The Tree Board will work with
the developer or contractor to maintain trees identified as landmark
trees and will offer with any needed assistance from the Department
of Public Works to transplant, when practical, other rare, endangered
or protected plants to other sites within the Village favorable for
the growth and survival of such plants.
B.
No person shall excavate any ditches, tunnels, trenches, or lay any
drive within a radius of 20 feet from any landmark tree upon public
property without written approval from the Village Board of Trustees.
C.
No person shall intentionally damage, cut, carve, attach any rope,
wire, nails, advertising posters, or other contrivance to any landmark
tree, or any tree upon public property or right-of-way nor allow any
gaseous, liquid, chemical, or solid substance that is harmful to such
trees to come in contact with them or set fire or permit fire to burn
when such fire or heat therefrom will injure any portion of any such
tree without written approval from the Superintendent of Public Works,
in consultation with the Village Tree Board.
D.
For private property, 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, injurious fungus, insect or
other pest infestations on private property, the Tree Board or Superintendent
of Public Works shall notify the Village Board of Trustees and request
that the owner of the property upon which such diseased or infested
tree is situated be notified of the condition. The notice shall encourage
such property owner to eradicate, remove or otherwise control such
condition within reasonable time to be specified in such notice. If
a threat to trees on other private or public property is deemed to
be imminent or serious, the Zoning Officer of the Village of Perry
or the Perry Police Department may be requested to serve written notice
thereof on the property owner. Such notice shall specify in detail
the nature of the nuisance and the requirements for abatement.
E.
For public property, 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, injurious fungus, insect or
other pest infestations on public property, the Tree Board shall notify
the Superintendent of Public Works thereof and request that it be
corrected within a reasonable time.
Trees removed from public property or rights-of-way shall be
replaced at least one for one, with tree species as recommended by
the Tree Board within a reasonable time period, unless there are extenuating
considerations approved by the Tree Board or Superintendent of Public
Works. Trees should be added, removed, and replaced in accordance
with the Standards and Specifications.
No person, firm, organization or corporation shall prevent,
delay, or interfere with the Tree Board, Village Board of Trustees,
Department of Public Works, or contractors in the execution of enforcement
of this chapter including the planting, maintaining, mulching, trimming,
pruning, fertilizing, spraying, preserving or removing of any tree,
shrub or plant in any right-of-way or public place within the Village
of Perry.
Any person who receives a written notice in accordance with
the Tree Law and objects to all or a part thereof may, within 10 days
of receipt thereof, notify the Village Board of Trustees, in writing,
of the specific nature and reason(s) of the objection and request
a hearing thereon. The hearing shall be held within 10 days of notice
from the appellant. Within 10 days after such hearing, the Village
Mayor, in consultation with the Village Board of Trustees and the
Tree Board, shall render a decision and notify the appellant of the
decision.
A.
Failure within 12 days after receiving written notice of violation
of the Tree Law to comply with said notice and the requirements of
this chapter shall be a violation of this chapter, and each day's
neglect and refusal to comply with the terms of said notice shall
constitute a separate offense.
B.
Any person, whether as principal, agent or employee, violating or
assisting in violation of any of the provisions of this chapter shall
upon conviction thereof, be sentenced to pay a fine not exceeding
$300 and costs of suit and, in default of payment of fine and costs
to undergo imprisonment for not more than 30 days.
A.
Nothing contained in this chapter shall be deemed to impose liability
upon the Village, the Village Board of Trustees, the Tree Board, the
Department of Public Works, or individuals, companies or corporations
hired by the Village, nor to relieve the owner of any private property
from the duty to keep any tree, shrub or plant that he/she planted
in the right-of-way of a public street or that is on his/her property
from constituting a hazard or an impediment to travel or vision upon
any street, sidewalk, park or other public place within the Village
of Perry.
B.
Should any section of this Tree Law be found to be unconstitutional,
that finding shall in no way affect the other sections of this Tree
Law which shall remain in effect.
This chapter shall take effect upon filing with the Office of
the New York State Secretary of State.
