[HISTORY: Adopted by the Board of Trustees of the Village of Westfield 11-21-2022 by L.L. No. 2-2022.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 141, Trees, adopted 4-18-1961, as amended.
The chapter shall be known as the "Tree Law for the Village of Westfield, Chautauqua 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 Westfield which are on Village property, including public parks, or within the right-of-way of any public street or other public property. It is also the purpose of this chapter to establish and maintain diversity of tree species and maximize tree canopy cover throughout the Village through proper tree planting, tree preservation when warranted, and conservation.
As used in this chapter, the following terms shall have the meanings indicated:
ARTERIAL STREET
A high-capacity street (i.e., Academy Street, Elm Street, Main Street, South Portage Street, North Portage Street, Union Street).
CONTRACTOR
A person, company, or organization employed to supply necessary skills and services, such as pruning, trimming, or removing trees and shrubs.
DAMAGE
Physical or chemical injury or harm done to any tree or shrub.
FERTILIZE
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.
MAINTAINED
To keep a tree in maximum health and vigor.
MEDIUM TREE
A tree that attains a maximum height of between 30 feet and 70 feet at maturity.
MINOR PRUNING
Pruning or cutting out of water sprouts, suckers, twigs or branches less than one inch in diameter, or which constitute less than 15% of the tree's foliage-bearing area. The work shall retain the natural form of the tree. Removal of dead wood and broken branches are included within the definition of "minor pruning."
OWNER
Includes one or more persons, corporations, partnerships, and all other entities of any kind capable of owning property or being subject to suit.
PLANTING
The placing of a tree in soil that will encourage growth and maximum health and vigor.
PRESERVE
To keep a tree or shrub from harm, damage or danger; to protect and save a tree or shrub.
PROPERTY OWNER
Includes any person or entity as defined under "owner" and any person or entity, whether or not under contract, that is renting a property in the Village and is responsible under their rental for maintenance of the property.
PRUNE
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.
PUBLIC PROPERTY
All property owned by the Village of Westfield or public street rights-of-way within the Village and any other land or property owned by the Village of Westfield.
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
A thoroughfare, however designated, permanently established for the passage of persons or vehicles, as shown on a plat duly filed and recorded in the office of the County Clerk, as amended from time to time.
SHRUB
Woody plant with more than one main stem emerging from the ground, but not intended to include multitrunked trees.
TREE
A woody plant with a single central axis (trunk) emerging from the ground and acquiring a minimum height of 10 feet at maturity.
TREE LAWN
The greenspace adjacent to a street or highway, not covered by sidewalks or paving, lying between the property line and that portion of the street or highway usually used for vehicular traffic.
TREE, LANDMARK
Any tree that the Village of Westfield Tree Board and/or their designee 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 Westfield Tree Board and/or their designee to have a valuable scenic enhancement quality or qualities.
TREE, LARGE
A tree that attains a height of 70 feet or more at maturity.
TREE, NUISANCE
A tree that is potentially dangerous, detrimental or hazardous to health, safety, utilities, or structures in proximity to the tree.
TREE, PRIVATE
A tree or shrub not on publicly owned land or within a public street right-of-way within the Village.
TREE, PUBLIC
A tree or shrub with a trunk that is at least partially on publicly owned land or within the right-of-way of a Village public street.
TREE, 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.
TRIM
To remove parts of a tree or shrub to maintain a desired shape or size.
URBAN FOREST MANAGEMENT PLAN
A document that recommends to the Village Board of Trustees projects for tree planting, maintenance, appreciation and replacement.
UTILITIES
Those entities that provide electricity, gas, sewer, water, telephone and cable television to properties within the Village or on any other land or lands owned by the Village of Westfield.
A. 
Establishment; membership; terms.
(1) 
The Village Board of Trustees shall create an advisory committee known as the "Westfield Village Tree Board."
(2) 
The Westfield Village Tree Board shall consist of at least five uncompensated members. In addition, one representative from the Department of Public Works and the Village Code Enforcement Officer shall serve as ex officio members of the Tree Board.
(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 Westfield Village Tree Board 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 Tree Board 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. 
Duties. The Tree Board shall have the following duties that include, but are not necessarily limited to:
(1) 
Studying, investigating, developing and/or updating the Village's Urban Forest Management Plan for caring, preserving, pruning, 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 and public 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 Director of Public Works or their assignee 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 Director of Public Works or their assignee in an advisory capacity to identify trees for immediate removal.
(7) 
Identifying where no or few trees are present in the right-of-way or other village property and requesting the planting of new trees by the Director of Public Works or their assignee, including specifying varieties and locations.
(8) 
Providing or updating the Village of Westfield Tree Management 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 for resources regarding trees on private property.
(11) 
Such other tasks or duties related to trees as requested from time to time by the Village Board of Trustees.
C. 
Meetings.
(1) 
The Tree Board shall meet a minimum of four times per year. The Tree Board may call additional meetings as needed.
(2) 
If a Tree Board member misses three consecutive meetings, the position will be deemed vacant.
A. 
The Tree Board may propose regulations, update the Village's Urban Forest Management Plan, 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 within the rights-of-way of public streets.
A. 
No person shall remove, prune, damage or plant any tree within the right-of-way of any Village Street or upon Village-owned property without a permit from the Director of Public Works or their designee.
B. 
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 planting of areas of uniformity when it will enhance beauty, function, or uniqueness.
(1) 
The Village or its agent shall perform all necessary maintenance to preserve and protect street trees or trees on public grounds in a safe and healthy condition, including trimming, spraying, fertilizing, watering, root pruning, mulching, treating for disease or injury, and removal if necessary.
(2) 
The Village shall have the right to plant, prune, maintain and remove trees, plants and shrubs within lines of Village streets and public grounds as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds.
C. 
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 the Director of Public Works or their designee. Trees should be added, removed, and replaced in accordance with the Management Plan.
A. 
Application for any permit under this chapter shall be made in writing to the Director of Public Works and shall state the reasons for the requested removal, treatment or pruning of the tree or trees.
B. 
Such application shall be granted whenever it shall appear that:
(1) 
The pruning is required to give adequate clearance of utility wires or provide for adequate passage on the streets of the Village.
(2) 
The tree is in need of pruning or treatment requested.
(3) 
The removal of the tree is required in the interest of public safety or reasonable access to abutting premises.
(4) 
Other good cause exists for the relief requested.
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 sidewalks, 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 or 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. 
No person shall set out, plant or maintain any poplar, soft or silver maple, box elder, willow or cottonwood tree within 100 feet of any private sewer, public sewer line or water main within the Village. The owners or occupants of premises whose trees are standing in violation of the foregoing provision must cut down, destroy and remove the same within 30 days after service upon such owner or occupant of written demand from the Director of Public Works or designee.
F. 
Whenever the roots of any tree have broken into, clogged or obstructed any sewer or sewer mains in the Village, the Director of Public Works shall ascertain the location and identity of the tree, shall forthwith cause written demand to be served on the owner or occupant of the premises where the tree is located requiring that such tree be cut down, destroyed and removed within 30 days.
G. 
Whenever any tree on private lands or otherwise is so situate that the felling thereof may cause said tree or any part thereof to come in contact with electric or telephone wires or obstruct the street or sidewalk or endanger the users thereof, such owner must procure from the Director of Public Works or designee a permit authorizing such person to cut or remove said tree.
H. 
Any work done under a permit required under this chapter must be performed in strict accordance with the terms thereof and under the supervision of the Director of Public Works or designee.
A. 
Any street tree or tree planted on property owned by the Village of Westfield 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 Director of Public Works or their designee, when made aware of such nuisance, shall abate the nuisance in a timely manner, with tree replacement whenever possible. The Director of Public Works or their designee, or the Village Tree Board, may also request the replacement of unsightly trees.
B. 
The Tree Board or the Director of Public Works or his/her designee shall inform the Village Board of Trustees of any private tree which is a nuisance because it obstructs a public street, sidewalk, sewer, or is otherwise a nuisance, dead or dangerous and request that the property owner be personally notified and asked to abate the nuisance. Failure to do so within a reasonable time shall result in written notice being served on the property owner. Such notice shall specify in detail the nature of the Tree Board's or DPW Director's recommendations.
A. 
Prior to development, redevelopment, razing, or renovation 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, where possible, 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, or trenches, place any fill, compact the soil, place heavy materials such as concrete blocks or boulders, or construct any building, pavement, curb, or public utility within a radius of 20 feet from any landmark or Village tree without a permit issued by the Director of Public Works or designee.
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, or 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 Director of Public Works or their designee, in close consultation with the Village Tree Board.
D. 
For private trees, upon the discovery of any destructive or communicable disease, or other pestilence that 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 Director of Public Works or their designee shall notify the Village Board of Trustees and require that the owner of the property upon which such diseased or infected 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 Director of Public Works of the Village of Westfield or the Westfield 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 trees or street trees, upon the discovery of any destructive or communicable disease or other pestilence that 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 Director of Public Works thereof and request that it be corrected within a reasonable time.
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 or enforcement of this chapter, including the planting, maintaining, mulching, trimming, pruning, fertilizing, spraying, preserving or removal of any tree, shrub or plant in any right-of-way or public place within the Village of Westfield.
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 at the next regularly scheduled meeting of the Village Board of Trustees, if the appeal is filed at least 10 days before such meeting, or at a special meeting if so called by the Board. 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 15 days after receiving either a notice of violation or notice of the Village's decision upon appeal to comply with said notice and/or decision upon appeal 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. 
If the owner or occupant of premises mentioned in the foregoing provisions shall fail to cut down, destroy and remove a tree or remove, trim or cut back brush after having been given notice to do so as provided by this chapter, the Village may cause the necessary work to be done and is authorized and empowered to enter upon the premises as is necessary to accomplish the work, and the actual cost therefor and other additional cost in connection therewith shall be certified by the duly appointed officer of the Village to the Board of Trustees of the Village, and such costs shall thereupon become and be a lien upon the land on which such tree was located. Such cost shall be added to and become and form a part of the taxes next to be assessed and levied upon such land. The assessment of the cost of the work done by the Village against the property involved shall be in addition to penalties imposed herein for any violation or noncompliance with any provisions of this chapter.
C. 
The Code Enforcement Officer may issue and serve an appearance ticket for violations of this chapter.
D. 
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 $100 for each violation and costs of suit and, in default of payment of fine and costs, to undergo imprisonment for not more than 30 days.
E. 
In addition to the above provided penalties and punishment, the Village Board of Trustees may also maintain an action or proceeding in the name of the Village in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter.
F. 
No remedy or penalty specified in this section shall be the exclusive remedy or penalty available to address any violation described herein, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this section, or in any other applicable state or local law.
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 Westfield.