[HISTORY: Adopted by the Board of Trustees of the Village
of Penn Yan 5-17-2022 by L.L. No. 6-2022. Amendments noted where applicable.]
It is the purpose of this chapter to protect the public's
health and safety and preserve the quality of life in our community
by providing for the regulation of the planting, maintenance and removal
of trees within the limits of the Village of Penn Yan.
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 or another person's property.
To change the shape, growing conditions, health, size or
density in any way and by any means of a tree or shrub.
A New York State certified expert on tree care and maintenance.
A person, company or organization employed to supply the
necessary skills and services in pruning, trimming or removing trees
and shrubs.
Physical or chemical injury or harm done to any tree or shrub.
Tree trunk diameter measured in inches at a height 4 1/2
feet above grade.
Any act, treatment or process that will change the shape,
growing conditions, health, size or density of a tree or shrub.
An imaginary, vertical line extending from the outermost
edge of the tree canopy or shrub branch down to the ground.
The application of substances to the tree or shrub or the
surrounding soil which are required for the optimal growth and health
of the tree or shrub.
A tree that is defined as rare, endangered or protected according
to Village, county, state or federal governments; one which has significant
old age; one which is associated with historical events or persons;
one which is of a record size for its species; one which has an interesting
abnormality; or one which has been determined by the Village of Penn
Yan Tree Board to have scenic qualities.
To keep a tree or shrub in maximum health and vigor.
Any thing or act that annoys or disturbs people, disrupts
a person's use of his or her own property, or violates the public
health, safety and welfare.
Small to medium trees that grow 15 feet to 40 feet in height
at maturity, and that are planted for aesthetic purposes.
Includes land designated as a park pursuant to New York State
statutes as well as areas, such as playgrounds, pools or other recreational
facilities, within the Village under the jurisdiction of the Village.
Park trees are herein defined as trees found in parks, playgrounds
and in all areas owned by the Village to which the public has free
access, including cemeteries.
The placing of a tree or shrub into soil that will encourage
growth and maximum health and vigor.
Tree lawns (the grassy area between the curb and the sidewalk)
must be at least four feet wide for small tree planting and at least
six feet wide for medium or large tree planting. No street tree shall
be planted within 35 feet of a street corner. No street tree shall
be planted within 10 feet of a fire hydrant or utility pole. No street
tree (other than those species listed as small) shall be planted under
or within 10 horizontal feet of overhead utility wires.
The process and requirements needed to preserve a tree or
shrub.
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
right-of-way. A tree or shrub on privately owned property.
To remove dead or living parts from a tree or shrub to increase
its health, vigor and form.
A tree or shrub on publicly owned land or within the right-of-way
of a 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 land encompassing a public street, road or highway maintained
by the Village, including lands bordering the pavement and shoulders
that are a part of the area legally controlled by the Village in specific
laws relating to such distances.
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 to over 40 feet in height at maturity
that is planted to provide canopy/cover shade.
A woody plant with more than one main stem emerging from
the ground.
The spacing between street trees must be:
The application of any pesticide, fertilizer or other substance
to a tree or shrub.
A highway, road, avenue, lane, alley, culvert, embankment
or sidewalk which the public has a right to use.
Street trees are defined, with respect to this chapter, as
any tree, shrub, bush or other woody vegetation on land lying within
a legal street right-of-way.
All stumps of street and park trees shall be removed to at
least six inches below the surface.
The severe cutting back of limbs to stubs larger than three
inches in diameter within the tree crown to such degree so as to remove
the normal canopy and disfigure the tree.
A woody plant with a single stem emerging from the ground
and acquiring a minimum height of 10 feet at maturity.
The green space adjacent to a street or highway, not covered
by sidewalks or other paving, lying between the property line and
that portion of the street or highway used for vehicular traffic.
Small trees are herein defined as existing trees less than 20
feet in height or new trees which are expected to grow to less than
20 feet in height at maturity.
Medium trees are herein defined as existing trees 20 feet to
40 feet in height or new trees which are expected to grow to 20 feet
to 40 feet in height at maturity.
Large trees are herein defined as existing trees more than 40
feet in height or new trees which are expected to grow to more than
40 feet in height at maturity.
Includes, but is not limited to, planting, pruning, shaping,
thinning, cabling, stump removal, root pruning, topping, fertilizing,
removing, and spraying of a tree.
To remove parts of a tree or shrub to maintain a desired
shape or size.
A.
Establishment; membership; terms.
(1)
The Village Board of Trustees shall create an uncompensated advisory
board known as the "Village of Penn Yan Tree Board." The Board shall
consist of five members, all of whom shall be residents of the Village
of Penn Yan or Village employees. Each member shall be appointed by
the Mayor, subject to approval by the Board of Trustees.
(2)
Members shall be appointed for a term of three years, except for
initial members who shall be appointed for terms as follows: one member
for a term of one year; two members for a term of two years; two members
for a term of three years.
(3)
In the event that a Board member does not serve the full term for
any reason, the Mayor shall appoint a successor to serve for the duration
of the unexpired term.
B.
Tree Board duties. The duties of the Tree Board shall include, but
not be limited to:
(1)
Studying, investigating, developing and/or updating the Village's
written plan for caring, preserving, pruning, topping, replanting,
removing or disposing of trees and shrubs in parks, along Village
streets, and in other public areas.
(2)
Adhering to the provisions outlined in the Village's Comprehensive
Master Plan and addressing those key areas within the Village (primarily
gateways) which need to be enhanced with the planting of trees.
(3)
Maintaining reference materials relating to trees and shrubs.
(4)
Providing an inventory of the location of street trees and determining
areas where such trees could exist but are absent.
(5)
Establishing a suggested species list for the Village and recommending
to the Village the species of trees to be planted upon Village property.
(6)
Identifying trees for immediate removal.
(7)
Providing the Village Board of Trustees with a yearly estimate of
personnel costs and the cost of nursery stock to be used.
D.
Consultant. The Tree Board shall seek the services of a New York
State certified arborist or other qualified individual who could voluntarily
serve as a consultant and advisor to the Tree Board.
E.
List of tree species.
(1)
The Tree Board shall develop and maintain a list of desirable trees
for planting along streets and in rights-of-way in three classes sizes:
small, medium and large.
(2)
A list of tree species neither suitable nor desirable for planting
as street or right-of-way trees shall also be developed by the Tree
Board. Trees must be located "right tree for the right place." Taller
salt-tolerant trees shall be planted in the right-of-way while smaller
trees will be planted under utilities. A list of tree species presently
not found in the Village, but capable of growing and surviving in
the Village, should also be developed and maintained by the Tree Board.
A.
The Village, or its agent(s), shall perform all 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 right-of-way of any Village street
or public grounds as may be necessary to ensure public safety or to
preserve or enhance the beauty of such public grounds.
C.
The Tree Board may recommend a tree or part of a tree be removed
if the tree or tree part poses a potential public safety risk or hazard,
causes an unsafe condition, is injurious to sanitary or storm sewers,
electric power lines, gas lines, water lines, telephone lines or television
cables or other public improvements or infrastructure, or is affected
with any disease, insect or other pest.
The Tree Board may recommend the planting, pruning, maintaining
and removal of trees and woody plants within the limits of all Village
streets, parks and cemeteries. The Tree Board, may recommend removal
or pruning of a tree which stands upon private property but which
threatens the safety or welfare of those who may use a Village street,
sidewalk or park.
A.
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 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 14 feet above the road surface.
B.
In the event that an obstruction persists, the Director of Public
Works, or his/her designee, shall mail a written notice to the property
owner to prune or remove the tree, shrub or plant within 10 calendar
days. Should the owner fail to comply with the notice, the Village
may undertake the necessary work and charge the cost for such work
to the property owner together with an administrative fee of 20% of
the cost of the work. In the event that such charge remains unpaid
for over 30 days, the expense may be imposed and collected against
the property affected in the same manner as provided by law for collection
of delinquent taxes.
C.
Not later than the first day of April of each year, the Village Clerk
shall submit to the Board of Trustees a report showing the names of
any owners who have failed to pay any bill rendered to said owners
pursuant to this chapter during the previous 12 months, together with
the amount of said unpaid bills, and the Board of Trustees, upon receiving
said report, shall direct that said unpaid amounts be assessed against
the real property of said owner as of the following June 1, and said
amounts shall become a lien against said real property at said time
and shall be collected along with the current Village taxes.
D.
It shall be the duty of any person or persons owning real property
bordering any public street or sidewalk to prune any trees thereon
in such a manner that they will not obstruct or block street lights,
obstruct the passage of pedestrians on sidewalks, obstruct the visibility
of traffic signs, obstruct or hinder the flow of traffic or obstruct
the view of any street or alley intersection. The minimum clearance
of any overhanging portion thereof shall be eight feet over sidewalks
and 14 feet over all streets.
A.
No person or entity 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 Village street, park or public
place.
B.
No person shall fasten or attach to any tree any signs, posters,
bills, notices or advertisements of any kind.
A.
It shall be unlawful for any person to engage in the business of
planting, trimming, pruning, removing, spraying or otherwise treating
trees within the Village limits without first producing evidence of
certification/license to the Village.
B.
Before any treatment of trees within the Village limits can begin,
the worker shall first provide evidence of workers' compensation
and liability insurance in the minimum amounts shown below.
C.
Insurance requirements. The following insurance (or such greater
insurance as required by agreement) shall be maintained in continuous
effect.
|
Coverage Required
|
Minimum Limits Required
| |
|---|---|---|
|
A.
|
Workers' compensation
|
New York statutory
|
|
B.
|
Comprehensive general liability, including products, completed
operations and contractual liability and naming the Village of Penn
Yan as additional insured
| |
|
Bodily injury
|
$1,000,000 each occurrence/aggregate
| |
|
Property damage*
|
$500,000 each occurrence/aggregate
| |
|
Or
| ||
|
Bodily injury and property damage* combined
|
$1,000,000 each occurrence/aggregate
| |
|
C.
|
Automobile liability, including all owned, non-owned, and hired
automobiles
| |
|
Bodily Injury and Property Damage* Combined
|
$1,000,000 each occurrence
| |
|
D.
|
Excess/umbrella liability (required only if limits for Coverage
B or C are less than specified above
| |
|
Bodily injury and property damage* combined
|
$2,000,000 each occurrence/aggregate
| |
|
*
|
Explosion, collapse, and underground hazard exclusions shall
be deleted when any work involves digging, excavating, or grading.
|
A.
In new subdivisions, or when commercial property is developed, the
Planning Board shall be the authority to review the proposed landscaping
plans, taking into account the opinions of the Tree Board. The Planning
Board may require trees to be planted near streets, in parking lots,
parks or other public places or on, or adjacent to, lands being developed
and/or subdivided.
B.
No person or utility shall excavate any ditches, tunnels or trenches,
or lay any drive within the dripline of a public tree without first
obtaining a permit from the Director of Public Works, or his/her designee.
C.
No person or entity shall remove a tree or shrub from a tree lawn
for the purpose of construction or for any other reason without first
filing an application and receiving a permit from the Director of
Public Works, or his/her designee.
D.
When construction, excavation, and/or material deposits result in
the destruction and/or removal of a street tree, the person or entity
responsible for that damage shall replace the street tree with either
a tree or trees of equivalent species as permitted by the Village.
A.
Only Village employees, or its agent acting on the Village's
behalf, shall plant a tree or shrub upon Village property or upon
a Village tree lawn.
B.
Anyone requesting the planting of a tree or trees in street rights-of-way
or on Village property shall submit an application stating the number
of trees to be planted; the location, species or variety of each tree;
the method of planting; as well as any other information as the Tree
Board shall find reasonably necessary for its recommendation to the
Director of Public Works, or his/her designee, to approve such planting.
A.
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 or insect infestations, the Village Department
of Public Works shall serve written notice upon the owner of the property
upon which the diseased or infested tree is situated; this notice
shall require the property owner to remove or otherwise control such
conditions within a reasonable period of time as specified in the
notice.
B.
It shall be the duty of the Tree Board to locate, select and identify
any trees which qualify as landmark trees.
Permits provide a way to ensure that anyone who plants, removes
or prunes a public tree is capable of doing the job correctly. Permits
also encourage compliance with acceptable standards, allow for follow-up
inspections and serve as a tool for the Village to control the future
of its overall tree planting/removal program. No one, except Village
employees or agents of the Village, may perform tree planting, pruning
or removal.
Authority is given to the Director of Public Works, or his/her designee, to enforce the provisions of this chapter. This includes the right to issue notices of violation, notices to perform work or notices to stop work. The Director of Public Works, or his/her designee, shall have the power to enforce rules, regulations and specifications concerning the trimming, spraying, removal, planting, pruning and protection of trees upon the right-of-way of any street, alley, sidewalk or other public place in the Village and to enforce the provisions outlined in § 146-6 (Trees on private property).
A.
Penalties.
(1)
Any person who violates any provision of this chapter or who fails
to comply with any notice issued pursuant to the provisions of this
Chapter shall, upon being found guilty thereof, be punishable by a
fine not to exceed $500 for each separate violation.
(2)
If, as a result of the violation of any provisions of this chapter,
the injury, mutilation or death of another tree located on Village-owned
property is caused, the cost to repair or replace such tree shall
be borne by the party in violation.
B.
Any person who is aggrieved by any decision of the Village with respect
to the provisions hereof may appeal the decision within 10 days of
that decision with the Village Clerk. The appeal shall be heard by
the Board of Trustees within 30 days of the filing of the appeal with
the Village Clerk. The Board of Trustees shall make and file its decision
with the Village Clerk within five days of completion of the hearing.
A.
The Village of Penn Yan hereby adopts the Arboricultural Specifications
and Standards of Practice of the International Society of Arboricultural
as published under American National Standard for Tree Care Operations
(ANSI A300-1995) or the most recent edition.
B.
All tree work done by or in the Village of Penn Yan shall conform
to these specifications and standards.
C.
Nothing contained in this chapter shall be deemed to impose liability
upon the Village, the Village Board of Trustees, the Tree Board or
employees or agents of 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 Penn Yan.
