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:
ADJACENT PROPERTY OWNER
The person, firm, entity, or corporation owning property
bordering a Village street or another person's property.
ALTER
To change the shape, growing conditions, health, size or
density in any way and by any means of a tree or shrub.
ARBORIST
A New York State certified expert on tree care and maintenance.
CONTRACTOR
A person, company or organization employed to supply the
necessary skills and services in pruning, trimming or removing trees
and shrubs.
DAMAGE
Physical or chemical injury or harm done to any tree or shrub.
DISTURB
Any act, treatment or process that will change the shape,
growing conditions, health, size or density of a tree or shrub.
DRIPLINE
An imaginary, vertical line extending from the outermost
edge of the tree canopy or shrub branch down to the ground.
FERTILIZE
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.
LANDMARK TREE
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.
MAINTAINED
To keep a tree or shrub in maximum health and vigor.
NUISANCE
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.
ORNAMENTAL TREES
Small to medium trees that grow 15 feet to 40 feet in height
at maturity, and that are planted for aesthetic purposes.
PARK
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
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.
PLANTING
The placing of a tree or shrub into soil that will encourage
growth and maximum health and vigor.
PLANTING AREAS
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.
PRESERVATION
The process and requirements needed to preserve a tree or
shrub.
PRESERVE
To keep a tree or shrub from harm, damage or danger; to protect
and save a tree or shrub.
PRIVATE TREE
A tree or shrub not on publicly owned land or within a public
right-of-way. A tree or shrub on privately owned property.
PRUNE
To remove dead or living parts from a tree or shrub to increase
its health, vigor and form.
PUBLIC TREE
A tree or shrub on publicly owned land or within the right-of-way
of a public street.
REMOVAL
To take away and remove a tree or shrub, including the stump,
to below ground level.
REPLACEMENT
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.
RIGHT-OF-WAY
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.
SEVERE ROOT PRUNING
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.
SHADE TREES
A large tree growing to over 40 feet in height at maturity
that is planted to provide canopy/cover shade.
SHRUB
A woody plant with more than one main stem emerging from
the ground.
SPACING/PLANTING DISTANCES
The spacing between street trees must be:
A.
At least 15 feet for small trees;
B.
At least 25 feet for medium trees; and
C.
At least 35 feet for large trees.
SPRAY
The application of any pesticide, fertilizer or other substance
to a tree or shrub.
STREET
A highway, road, avenue, lane, alley, culvert, embankment
or sidewalk which the public has a right to use.
STREET TREES
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.
STUMPS
All stumps of street and park trees shall be removed to at
least six inches below the surface.
TOPPING
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.
TREE
A woody plant with a single stem emerging from the ground
and acquiring a minimum height of 10 feet at maturity.
TREE LAWN
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.
TREE SIZES
A.
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.
B.
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.
C.
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.
TREE WORK
Includes, but is not limited to, planting, pruning, shaping,
thinning, cabling, stump removal, root pruning, topping, fertilizing,
removing, and spraying of a tree.
TRIM
To remove parts of a tree or shrub to maintain a desired
shape or size.
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.
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).