§ 266-2Establishment of Tree Board.
§ 266-3Terms of office, vacancies and
compensation of Tree Board.
§ 266-4Powers and duties of Board.
§ 266-5Operation of Board; quorum.
§ 266-7Street Tree List.
§ 266-9Distance from curb and sidewalk.
§ 266-10Planting location.
§ 266-11Overhead power lines.
§ 266-12Rights of Village.
§ 266-13Tree topping.
§ 266-15Dead or diseased tree removal
on private property.
§ 266-16Removal of stumps.
§ 266-17Interference with Tree Board.
§ 266-18Review by Board of Trustees.
§ 266-19Penalties for offenses.
The purpose of this chapter is to enhance the safety, health and welfare of the people of the Village of Oxford by establishing standards for tree planting, maintenance and removal.
There is hereby created and established a Village Tree Board for the Village of Oxford, New York, which shall consist of five members, who shall be appointed by the Mayor with the approval of the Board of Trustees.
The terms of five persons to be appointed by the Mayor and approved by a majority of the Board of Trustees shall be three years, except that the term of two of the members appointed to the first Board shall be for two years. In the event that a vacancy shall occur during the term of any member, a successor shall be appointed for the unexpired portion of the term by the Mayor. Members of the Board shall serve without compensation.
It shall be the responsibility of the Board to study, investigate, counsel, develop, update annually and administer a written plan for the care, preservation, planting, or replanting, but not the pruning, removal or disposition of trees and shrubs in parks, along streets and in other public areas. Such plan will be presented annually to the Board of Trustees, and upon its approval, shall constitute the Official Comprehensive Village Tree Plan for the Village of Oxford, New York. The Tree Board, when requested by the Board of Trustees, shall consider, investigate and make findings, report and recommend upon any special matter or question within the scope of its work.
The Board shall choose its own officers, make its own procedural rules and regulations and keep a journal of its proceedings. A majority of the members shall be a quorum for the transaction of business.
As used in this Chapter, the following terms shall have the meaning indicated:
- PARK TREES
- Trees, shrubs, bushes and all other woody vegetation in public parks having individual names or to which the public has free access as a park.
- STREET TREES
- Trees, shrubs, bushes and all other woody vegetation on land lying between property lines on either side of all streets, avenues or ways within the Village.
The following list constitutes the initial official street tree species for the Village of Oxford, New York. The tree list may be updated by the Tree Board in compliance with responsible urban forestry. No species other than those included in the Street Tree List may be planted as street trees without written permission of the Village Tree Board.
|INITIAL STREET TREE LIST|
|Amelanchier x grandiflora, serviceberry hybrids|
|Carpinus caroliniana, American hornbeam|
|Crataegus (sp.), hawthorn|
|Koelreuteria paniculata, goldenrain tree|
|Malus (sp.), flowering crabapple|
|Syringa reticulata, Japanese tree lilac|
|Acer campestre, hedge maple|
|Celtis laevigata, hackberry|
|Gleditsia triacanthos, honeylocust (thornless)|
|Prunas sargentil, columnar sargent cherry|
|Prunas serrulata, kwanzan oriental cherry|
|Pyrus calleryana, gallery pear|
|Acer platanoides, Norway maple|
|Acer rubrum, red maple|
|Acer saccarinum and Acer nugrum, sugar maple and black maple|
|Fraxinus pennsylvanica, patmore green ash|
|Ginkgo biloba, ginko (male only)|
|Platanus x acerifolia, bloodgood london planetree|
|Quercus macrocarpa, bur oak|
|Quercus palustris, pin oak|
|Quercus rubra, nothern red oak|
|Tilia cordata, littleleaf linden|
|Zelkova serrata, Japanese zelkova|
|Ulmus americana, American elm|
The spacing of street trees will be in accordance with the tree species size classes listed in § 266-7, and no trees may be planted closer together than the following; except in special planting approved by the Tree Board:
The distance trees may be planted from curbs or curblines and sidewalks will be in accordance with the three species size classes listed in § 266-7 of this chapter. No trees may be planted closer to any curb, sidewalk or roadway than the following:
No street tree shall be planted closer than 30 feet to any street corner, measured from the point of the nearest intersecting curbs or curblines; 10 feet from any driveway; 10 feet from any fire hydrant; 20 feet from any stop sign or traffic marker; 10 feet from a utility pole; 20 feet from a streetlight; and five feet from any underground utility line, except in exceptional circumstances, with the written permission of the Tree Board.
No street trees, other than those species listed as "small trees" in § 266-7, may be planted under or within 10 lateral feet of any overhead primary electric power line.
The Village shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alley, avenues, lanes, squares and other public grounds, as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds. The Village may remove or cause to be removed any tree or part thereof which Is in an unsafe condition or, which by reason of its nature, is injurious to utility lines or other public improvements. This section does not prohibit the planting of street trees by adjacent property owners, provided that the selection and location of said trees are in accordance with §§ 266-7 through 266-11.
It shall be unlawful, as a normal practice, for any person or firm to top any tree on public property. "Topping" is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove the normal tree canopy and disfigure the tree. Trees severly damaged or certain trees under obstructions where other pruning practices are impractical may be exempted from this limitation by the Tree Board.
Every owner of any tree on private property overhanging any street or right-of-way within the Village shall prune the branches so that they do not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of eight (8) feet above the surface of the street or sidewalk. Property owners shall remove all dead, diseased or dangerous trees or broken or decayed limbs which constitute a menace to the safety of the public. The Village shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light from a streetlight or interferes with visibility of any traffic control device or obstructs the view of any intersection.
The Village shall have the right to cause the removal of any dead or diseased trees on private property with the village when such trees constitute a hazard to life and property. The Village will notify in writing the owners of such trees. Removal shall be done by said owners within 60 days after the date of service of the notice. In the event of failure of the owners to comply, the Village shall have the authority to remove such trees and charge the cost of removal on the owner's property tax notice.
All stumps of street and park trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground.
It shall be unlawful for any person to prevent, delay or interfere with the Village Tree Board or any of its agents while engaging in and about the planting, cultivating, mulching, or spraying of any street trees or park trees, as authorized in this chapter.
The Board of Trustees shall have the right to review the conduct, acts and decisions of the Tree Board. Any person may appeal from any ruling or order of the Tree Board to the Board of Trustees, which may hear the matter and make the final decision.
Any person violating any provision of this chapter shall be, on conviction or a plea of guilty, subject to a fine not to exceed $250, or imprisonment for not more than 15 days, or both, and shall be liable for any cost of removal of violation. Each tree involved in a violation shall constitute a separate offense, and each day of violation shall constitute a separate offense.