[HISTORY: Adopted by the Board of Trustees
of the Village of Springville 7-13-2020 by L.L. No. 1-2020[1]. Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass, trees and weeds — See Ch. 70.
Streets and sidewalks — See Ch. 150.
Subdivision of land — See Ch. 155.
[1]
Editor's Note: This local law also repealed former Ch. 170,
Trees, which comprised Art. I, Tree Replacement, adopted 1-2-1990
by L.L. No. 2-1990; and Art. II, Planting of Trees, adopted 12-1-1997
by L.L. No. 6-1997, as amended.
This chapter shall be known and may be cited as the "Tree Law
of the Village of Springville, Erie County, New York."
A.
The purpose of this chapter is to manage the trees within the public
right-of-way, in parks, and on public property in the Village; assure
the proper planting of new trees in these public spaces, maintain
the health of existing trees in these public spaces; aid in maintaining
property values in the Village; implement the design and environmental
goals of the Village Comprehensive Plan, and promote the general health
and welfare of the Village residents.
B.
This chapter will:
(1)
Create a Tree Committee to establish regulations governing the planting,
maintenance, and removal of trees and shrubs in the public streets,
rights-of-way, parks and other municipally owned or controlled property
in the Village;
(2)
Preserve green foliage on Village streets and public property;
(3)
Replace trees that must be removed from public property because of
disease, lack of treatment or interference with Village utilities;
(4)
Prevent interference with Village utility pipes, wires, sidewalks,
or streets.
As used in this chapter, the following terms shall have the
meanings indicated:
The person, firm, entity, or corporation owning property
bordering a Village street. The adjacent property owner to a public
tree shall be the owner of property located within the street right-of-way,
on a perpendicular with the street line through the center of the
tree four feet above the edge of pavement of a roadway.
Tree trunk diameter measured in inches with a calipers at
six inches from grade in the case of trees measuring four inches or
less in diameter; and at a height of 4 1/2 feet above grade when
the tree trunk is larger than four inches.
A vertical line extending from the outermost edge of the
tree canopy or shrub branch to the ground.
Any thing or act that annoys or disturbs unreasonably, hurts
a person's use of his or her property, or violates the public
safety and welfare.
Small to medium trees that grow 15 feet to 20 feet in height
at maturity, and that are planted for aesthetic purposes such as colorful
flowers, interesting or fall foliage.
Includes land designated as a park pursuant to New York State
statutes as well as areas such as playgrounds, pools, rail trail,
or other recreational facilities within the Village under the jurisdiction
of the Village Board of Trustees pursuant to the Village of Springville
Code.
Includes all grounds owned, leased, or controlled by the
Village for public use.
Any woody plant, located on municipal property or within
the municipal right-of-way, having at least one well-defined trunk
and at least 2 1/2 inches in diameter measured at a height of
six inches above the natural grade and having a clearly defined crown.
Cutting back the underground tree roots inside 1.5 times
the dripline of the tree that will be detrimental to the life of the
tree.
A large tree growing over 40 feet in height at maturity,
usually deciduous, that is planted to provide canopy cover shade.
A highway, road, avenue, lane, alley, culvert, embankment,
or sidewalk which the public has a right to use. Village, county and
state roads in the Village limits are included as a street.
Any tree, shrub, bush, or other woody vegetation on land
lying between property lines on either side of all streets, avenues,
or roads, such as the municipal right-of-way.
Severe cutting back of limbs to stubs larger that three inches
in diameter within the tree crown to such degree so as to remove the
normal canopy and disfigure the tree.
Also known as "diameter breast height."
Includes but not limited to, pruning, shaping, thinning,
cabling, stump removal, root pruning, topping, fertilizing, removing,
planting, and spraying for insect and disease control, of a tree.
The green space adjacent to a street or highway, not covered
by sidewalk or other paving, lying within the right-of-way of the
street.
Those entities that provide electricity, gas, sewer, water,
telecommunication services to properties within the Village. The Village
of Springville provides municipal water, sewer, and electric services
to residents of the Village.
A.
Establishment; membership; terms.
(1)
The Village Board of Trustees shall create an advisory committee
known as the "Village of Springville Tree Committee." The Committee
shall consist of the Administrator, the Code Enforcement Officer,
the Superintendent of Public Works, a member of the Planning Board,
and a member of the Board of Trustees. Appointments to the Tree Committee
are made at the annual organizational meeting and approved by the
Board of Trustees.
(2)
A licensed arborist or tree nursery manager shall consult the Tree
Committee members in the management of the Village community forest,
development of the Tree Plan, and permitting of tree care.
(3)
If a Committee member does not serve the full term for reasons other
than the expiration of the term, the Mayor shall appoint a successor
to serve for the unexpired term.
(4)
If a Committee member misses three consecutive meetings, the position
will be deemed vacant.
B.
Tree committee duties. The Tree Committee shall have the following
duties that include, but are not limited to:
(1)
The Tree Committee advises the Village Board of Trustees, the Planning
Board, and the Department of Public Works by studying, investigating,
developing and/or updating the Village's written plan for caring
for, preserving, pruning, topping, replanting, removing, or disposing
of trees and shrubs in parks, along streets, and in other public areas.
(2)
The Tree Committee maintains reference materials relating to trees
and shrubs.
(3)
The Tree Committee provides an inventory of the location of street
trees and determining areas where such trees could exist but are absent.
(4)
The Tree Committee establishes a suggested species list for the Village
and recommends to the Village the types and kinds of trees to be planted
upon Village property.
(5)
The Tree Committee identifies trees for immediate removal.
(6)
The Tree Committee provides a long-range Tree Plan every five years
for the Village relating to street trees and shrubs.
(7)
The Tree Committee provides the Village Board of Trustees with a
yearly estimate and Tree Plan of cost of labor and nursery stock to
be used. This estimate shall be presented annually to the Board of
Trustees as part of its budget deliberations.
A.
The Village or its agent shall perform necessary maintenance to preserve
and protect street trees in a safe and healthy condition, including
trimming, spraying, fertilizing, watering, staking, topping, root
pruning, mulching, treating for disease or injury, and removal, if
necessary.
B.
The Village shall have the right to plant, prune, maintain, and remove
trees, plants, and shrubs within the lines of streets and public grounds
as may be necessary to ensure public safety, assure safe public utilities,
or preserve or enhance the symmetry and beauty of such public grounds.
The Village shall provide prior notification to adjacent landowners
of such actions.
C.
The Village Tree Committee may recommend a tree or part of a tree
be removed if the tree or tree part:
D.
Adjacent property owners shall perform maintenance of the treelawn,
including mowing and raking.
E.
No property owner shall be permitted to allow a tree, shrub, or other
plant growing on his or her property to obstruct or interfere with
the view of drivers of vehicles or pedestrians on the sidewalk to
create a traffic hazard. If such tree, shrub, or other plant does
overhang or does otherwise adversely affect any street, sidewalk,
or right-of-way within the Village, the property owner shall, at the
owner's expense, prune the tree, shrub or plant so that it shall
not obstruct the view of any street intersection or obstruct or hinder
passage on any street or sidewalk. If an owner must trim a tree, shrub,
or other plant, the owner must provide for a clear space of eight
feet above the surface of the sidewalk and up to 14 feet above the
surface of the street after consultation with a certified arborist.
F.
If an obstruction persists, the Code Enforcement Officer shall mail
a written notice to the property owner to prune or remove the tree,
shrub, or plant within 10 days. If the owner fails to comply with
the notice, the Village may undertake the necessary work and charge
the cost for such work to the property owner. If such charge remains
unpaid for 60 days, the expense shall be added to the next real estate
tax bill of the property owner.
A.
No person or utility shall plant, spray, fertilize, treat, prune,
remove, cut above ground, disturb the root system of or otherwise
disturb any public tree or shrub on any street, park, or public place
without a permit.
B.
Further, no person shall fasten or attach to any tree any sign, poster,
bill, notice or advertisement of any kind.
C.
No person or utility shall cause or permit any brine, oil, gasoline,
liquid dye, or other substance deleterious to tree life to leak, pour,
flow or drip on or into the soil about the base of a tree which could
injure such tree.
D.
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
her in his or her charge to stand so near any such tree that the tree
many be gnawed or otherwise injured by the animal.
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.
A.
Application to plant. No one, except the Village or its agents acting
in the Village's behalf, shall plant a tree or shrub upon Village
property or upon a Village treelawn without first submitting an application
to the Tree Committee on forms provided by the Committee.
B.
Information required. Anyone submitting an application shall state
the number of trees to be set out; the location; the species or variety
of each tree to be planted; the method of planting; and any other
information as the Tree Committee shall find reasonably necessary
for its recommendation to the Code Enforcement Officer to issue the
appropriate permit.
C.
Removal; replanting; replacement. No one except the Village or its agents acting on the Village's behalf shall remove, replant, or replace a tree from Village property or the treelawn for any reason without first applying to the Tree Committee on forms provided by it and receiving a permit from the Code Enforcement Officer. Such replacement shall meet the standards of size, species, and placement as set by the Tree Committee according to specifications set forth by this chapter in § 170-12.
D.
Notice of completion. Notice of completion from the Village or its
agents shall be given to the Code Enforcement Officer so a final inspection
may be made.
E.
Costs.
(1)
The costs initiated by the adjacent property owner for tree planting,
tree removals, or tree replacements shall be borne by such adjacent
property owner. The Tree Committee may suggest to the Village that
the Village share in the expense of this work or may perform this
work wholly at the Village's expense as long as such expenses
are within budget limitations established annually by the Board of
Trustees.
(2)
The costs for work performed by or for utilities shall be borne by
the respective utility, including the Village Electric Division.
Private property owners have the duty, at their own expense,
to cut down and remove any trees upon their property which are dead,
harbor insects or disease, or which are so damaged as to be a public
nuisance and in danger of falling, thereby causing damage to person
or property of others. The Village Tree Committee shall recommend
to the Code Enforcement Officer to provide the property owner with
written notification that a tree or shrub should be removed for the
reasons stated above. Owners shall, at their own expense, remove such
trees. Owners shall have 15 days after the date of service of the
notice to inform the Code Officer as to when the tree shall be removed.
Owners shall have no more than 30 days after informing the Code Enforcement
Officer to remove such trees unless the Code Officer indicates otherwise
in writing. If owners fail to comply with such provisions, the Village
shall remove such trees and charge the cost of removal to the property
owner upon notice. If the cost of such removal remains unpaid for
60 days, the cost of removal shall be added to the next real estate
tax bill of the property owner.
It shall be unlawful for any person, firm, entity, corporation,
or utility to top any street tree or shrub, or to engage in severe
root pruning. Trees severely damaged by storms or certain trees under
utility wires or other obstructions, where other pruning practices
are impractical, may be exempted from this chapter upon the recommendation
of the Tree Committee.
A.
No person or utility shall excavate any ditch, tunnels or trenches,
or lay any drive within the dripline of a public tree without first
obtaining a permit from the Code Enforcement Officer.
B.
No person or utility shall remove a tree or shrub from the treelawn
for the purpose of construction or for any other reason without first
filing an application and receiving a permit from the Code Enforcement
Officer.
C.
All trees on any street or other publicly owned property near any
excavation or construction of any building, structure, or street work
shall be guarded with a substantial fence, frame, or box not less
than four feet high. Whenever possible, the diameter of such fence,
frame or box should be at least 1 1/2 times the dripline. At
no time shall the fence, frame, or box extend beyond the sidewalk
into the street, nor shall such fence, frame or box cause a hardship
for those using the sidewalk.
D.
When construction, excavation, and/or material deposits result in
the destruction and/or removal of a street tree, the person or utility
responsible for that damage shall replace the street tree with either
a tree or trees of equivalent dollar value in the vicinity of the
removed street tree.
No one shall hinder, prevent, delay, or interfere with the Village
or its agents, including the Tree Committee, or any of its assistants,
or any contractors while engaged in carrying out the enforcement of
this chapter or duly adopted regulations.
A.
The Village hereby adopts the Arboricultural Specifications and Standards
of Practice of the International Society of Arboriculture as published
under the American National Standard for Tree Care Operations'
most recent edition (a copy of which is available for review).
B.
All tree work done by or in the Village shall conform to these specifications
and standards.
A.
Any person, firm, entity or corporation may appeal to the Board of
Trustees the recommendation of the Tree Committee or the decision
of the Code Enforcement Officer in matters regarding the permitting
of tree care, maintenance, removal, or replacement as provided for
in this chapter.
B.
Any resident of the Village may comment on the recommendations of
the Tree Plan presented to the Board of Trustees at a Board of Trustees
Meeting.
A.
Any person, firm, entity, or corporation violating or failing to
comply with any of the provisions of this chapter shall be guilty
of a misdemeanor, and upon conviction thereof shall be fined no more
than $250 or may be imprisoned for a term not exceeding 15 days, or
both.
B.
If a violation of a provision of this chapter results in the loss
of a tree on public space, then the person, firm, entity, or corporation
violating this chapter must replace the tree or trees with tree or
trees of similar value in a vicinity near the violation as approved
by the Tree Committee.
If any section, paragraph, sentence, clause, or phrase of this
chapter is found to be invalid by a court of competent jurisdiction,
such judgment shall not affect, impair, or invalidate the remaining
portions of this chapter.
This chapter shall become effective immediately upon filing
with the New York State Secretary of State.
