This chapter shall be known as the Public Tree Law for the Village
of Babylon, Suffolk County, State of New York.
This chapter is enacted pursuant to the provisions of Village
Law and the General Municipal Law to establish a public Tree Advisory
Board in the Village of Babylon in order to achieve the following
purposes:
A. Promote efficient and cost-effective management of the Village's
community forest by assuring that decisions regarding the care and
maintenance of public trees are consistent within the Village and
in accordance with an overall tree management plan.
B. Reduce the Village's exposure to liability by eliminating sources
of tree-related hazards as they become evident and by reducing occurrences
of tree hazards through improved care and maintenance.
C. Maintain all public trees in a healthy and attractive condition through
good cultural practices (i.e., accepted standards of maintenance).
D. Establish and maintain the maximum sustainable tree cover in order
to protect and enhance the environment and the character of the Village.
E. Establish and maintain an optimal level of age and species diversity
through the use of an ongoing tree inventory and tree management plan.
F. Centralize tree management under a voluntary, permanent Tree Advisory
Board.
G. Maintain a system that clearly identifies roles for Tree Advisory
Board members and community volunteers and facilitates the coordination
of tree work between these entities and the Village's staff,
elected officials, Village Horticulturist and Highway Department.
H. Assist the Village Board in establishing and maintaining a tree management
budget and the means for funding it.
I. Foster community support through regular educational outreach, and
encourage good citizen tree management practices through knowledge
sharing.
As used in this chapter or as may be relevant in the operation
of the Tree Advisory Board, the following terms shall have the meanings
indicated:
ARBORICULTURE
The cultivation of trees and shrubs, including the study
of how they grow and respond to cultural practices and the environment,
as well as aspects of cultivation such as selection, planting, care
and removal.
ARBORIST
Trained specialist certified by the International Society
of Arboriculture or one of its chapters or other nationally recognized
arboricultural organizations with expertise in tree management.
CALIPER
The diameter of a tree trunk, taken six inches aboveground
for up to and including four-inch caliper size, and the diameter at
breast height for larger trees.
CANOPY COVER
The projected measurement of the total crown size that a
tree or trees in a specified area will attain at maturity.
CROWN
All portions of a tree, excluding the trunk and roots, such
as branches and foliage.
HAZARDOUS TREE
Any tree having an infectious disease or insect problem,
being dead or dying, having limbs that obstruct street lights, traffic
lights, etc., or a tree that poses a threat to public safety from
falling limbs.
PUBLIC TREE
Any tree located on public property, within a public easement
or public right-of-way including trees growing in the strip of land
between the edge of the street and the sidewalk. For properties not
laid out on a filed subdivision plat, the public right-of-way includes
public property only and is not intended to include the private property
of any landowner.
TREE CITY, USA
A program sponsored by the National Arbor Day Foundation
in cooperation with the USDA Forest Service and the National Association
of State Foresters which gives recognition to communities for providing
a basic level of human and financial resources to manage their community
forests.
TREE CUTTING
Any removal, breaking, pruning, destruction or injury of
any tree covered by the provisions of this chapter.
TREE INVENTORY
An inventory of existing public trees, where possible, within
the Village, indicating species, location, size, age and condition.
Inventories of Village trees should include street trees, park trees,
public trees and roadside trees.
TREE LAWN
That part of the public right-of-way not covered by sidewalk,
lying between the property line and the edge of pavement, including
but not limited to the strip of land between the edge of the street
and the sidewalk.
TREE MANAGEMENT PLAN
A written plan used to guide the Village on key goals and
objectives as they relate to the overall health and maintenance of
the Villages' public trees, which includes recommendations on
tree maintenance and improvements, tracks and analyzes the inventory
of trees and provides a simple, organized strategy for the implementation
of the key goals and objectives.
TREE NURSERY
The plot, parcel or piece of land or part thereof owned,
leased or donated to the Village where trees are cultivated for transplanting.
VILLAGE BOARD
The Mayor and Board of Trustees of the Village of Babylon.