[HISTORY: Adopted by the Board of Trustees of the Village of Skaneateles 9-25-1967.
Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Tree Ordinance
of the Village of Skaneateles."
A.
When not inconsistent with the context, words used in
the present tense include the future, words in the plural number include the
singular number, and words in the singular number include the plural number.
The word "shall" is always mandatory and not merely directory.
B.
ARBORICULTURE or TREE PRESERVATION
PUBLIC PLACE
STREET TREE or TREE
VILLAGE ARBORIST
For the purposes of this chapter the following terms,
phrases, words and their derivations shall have the meaning given herein:
Includes the treating, spraying, pruning, maintaining and any other
care or work intended for the strengthening of trees and the removal and prevention
of tree pests, blights and diseases of any and all kinds.
Any public street, public highway, public easement, public park,
lands owned by Village park districts or any property owned or held by the
Village within the boundaries of said Village.
A tree in a public place, except where otherwise indicated.
The Director of Public Works of the Village or a specially assigned
member of his staff.
[Amended 3-27-2006 by L.L. No. 1-2006]
[Amended 3-27-2006 by L.L. No. 1-2006]
The Director of Public Works shall, by virtue of his office, be the
Village Arborist.
A.
Generally. The Village Arborist is hereby given full
jurisdiction, authority, control, supervision and direction of all trees which
now or which may hereafter exist upon any public place in the Village and
over all trees which exist upon any private property in the Village, when
such trees constitute a hazard to the safety of the public.
B.
Issuance of permits. Said Village Arborist is also given
full jurisdiction, authority, and control in connection with the issuing of
permits hereinafter provided for.
C.
Order to preserve or remove. The Village Arborist shall
have the authority and it shall be his duty to order the trimming, preservation
or removal of trees or plants upon private property when he shall find such
action necessary to public safety or to prevent the spread of disease or insects
to public trees and places.
D.
Delegation of duties and authority. In the exercise of
any or all of the powers herein granted, the Village Arborist shall have the
authority to delegate all or such part of his power and duties with respect
to supervision and control of trees to his subordinates and assistants in
the employ of the Village as he may from time to time determine.
The Village Arborist shall have the authority to enter upon private
premises at all reasonable times for the purpose of examining any tree or
shrub located upon or over such premises and carrying out any of the provisions
of this chapter, said right of entry to conform to and comply with the rules
of the Agriculture and Markets Commissioner.
The Village Board of Trustees hereby creates a Tree Advisory Board of
not fewer than five nor more than seven members, which shall advise and consult
with the Village Board and the Arborist on all matters relating to the planting
of trees and shrubs in public places, to the varieties and species of trees
to be used, and generally with respect to the carrying out of the purposes
of this chapter.
A.
There is hereby adopted for the Village a street tree
plan for the guidance of the Arborist in making plantings of trees or shrubs
in public places. No trees shall hereafter be planted, transplanted or moved
into a public place except the kinds of trees listed on said schedule. Where
a variety or varieties of a particular species are listed, only such listed
variety or varieties of the species shall be planted. Where a species of tree
is listed, any variety of said species may be planted.
B.
Upon recommendation of the Arborist, the Village Board
of Trustees may withdraw species or varieties. Before recommending addition
or withdrawal of varieties or species, the Arborist shall consult with the
citizens' committee herein provided for.
It shall be unlawful for any person to plant, remove, destroy, cut,
prune, treat, break, climb, injure or spray any tree existing on any public
place in the Village, or to authorize or procure any person to do so, or to
remove or tamper with any device placed for the protection of said tree, or
to authorize or cause the same to be done, except having first obtained written
permission from the Village Arborist to do so.
The application for permit herein required shall state the number and
kind of tree to be trimmed, sprayed, preserved, removed or planted, the kind
of treatment to be administered and such other information as the Village
Arborist shall find reasonably necessary to a fair determination of whether
a permit should issue hereunder.
The Village Arborist shall issue a permit provided for herein when he
finds that the desired action or treatment is necessary and in conformity
with this chapter and that the proposed method and workmanship are satisfactory.
The permit provided for in § 201-8, when granted for the planting of any tree to be located on any public place in the Village, shall designate the species of tree to be planted, the required spacing and minimum planting size.
The Village Arborist shall have the authority and it shall be his duty
to supervise all work done under a permit issued in accordance with the terms
of this chapter.
The park district regulations covering the planting of trees in lands
owned by Village park districts, as amended from time to time, shall be and
continue in force and effect.
Street trees and trees in yards planted by developers shall be selected
from the list approved for public places.
For trees more than four inches in diameter, special permission for
planting must be obtained, and the permittee shall assume liability for accidents
occurring therefrom.
A.
All newly planted trees, whether installed by the abutting
property owner or contractor, shall be supported by a suitable post or posts.
B.
It shall be unlawful to guy any tree less than four inches
in diameter at a point four feet above ground level with wires or rope unless
the trunk is protected.
Deciduous trees planted in the Village shall be at least eight feet
in height and two inches in diameter at a height of four feet above ground
level.
The Village Arborist shall have the right and duty to trim any tree
or shrub existing on any public place in the Village in order to ensure the
public safety or to preserve the function or beauty of such public place,
and he shall further have the right to remove any such tree or shrub, or any
part thereof, which is in an unsafe condition or which, by reason of its location
or nature, is injurious or detrimental to other public improvements in the
Village or is infected with any injury, fungus, insect or other pest or disease
which cannot otherwise be controlled. Such infested or infected tree or shrub
shall be and is hereby declared a public nuisance.
A.
Public property. The Village Arborist shall and he is
hereby directed to keep all trees standing upon any public place in the Village
trimmed so that the branches of such trees projecting over any public sidewalk
or private driveway or into any public street beyond the curbline shall be
not less than nine feet above the surface of any public sidewalk or less than
13 feet above a public highway (except during early growth period).
B.
Private property. All trees standing upon private property
in the Village having branches projecting into public highways or public places
shall be kept trimmed by the owner or occupant of such private property to
such an extent that the lowest branches of such trees shall not come within
nine feet of the ground where they overhang any public sidewalk or public
place or 13 feet over a public highway.
All moving of trees upon any public place in the Village made necessary
by the moving of a building or structure or any other private enterprise shall
be done under the supervision of, and with the written permission of, the
Village Arborist and at the expense of the applicant or person seeking the
removal of such tree. Such applicant, as one of the conditions to obtaining
such permission, shall deposit with the Village such sum in cash as the Village
Arborist may determine and specify to cover all of the cost of moving and
replacing such tree, if the conditions of such permission require the replacement
thereof; provided, however, that in lieu of such cash deposit the Village
Arborist may, in his discretion, accept a good and sufficient bond in like
amount conditioned upon the payment of all the cost of such moving and replacing.
It shall be the duty of any person growing a tree within a public highway
or responsible for trees growing on property abutting on public places supporting
trees or plants to:
A.
Trim his trees in such manner as not to cause a hazard
to public places or interfere with the proper lighting of public highways
by the streetlights and so that the minimum clearance of any overhanging portion
thereof shall be nine feet over footways and 13 feet over vehicular ways except
during early growth period.
B.
Treat or remove any tree or plant so diseased or insect-ridden
as to constitute a hazard to trees or plants in public places.
A.
Authority. When the Village Arborist shall find it necessary to order the trimming, preservation or removal of trees or plants upon private property as authorized in §§ 201-4C and 201-19B herein he shall serve a written order to correct the dangerous condition upon the owner, operator, occupant or other person responsible for its existence.
B.
Method of service. The order required herein shall be
served in the manner prescribed by the rules of the Agriculture and Markets
Commissioner.
C.
Time for compliance. The order required herein shall
set forth a time limit for compliance, in the manner prescribed by the rules
of the Agriculture and Markets Commissioner.
D.
Appeal from order. A person to whom an order hereunder
is directed shall have the right to appeal to the Village Board of Trustees,
in accordance with the rules of the Agriculture and Markets Commissioner,
and said Board shall review such order and file its decision thereon. Unless
the order is revoked or modified, it shall remain in full force and be obeyed
by the person to whom directed. No person to whom an order is directed shall
fail to comply with such order within 15 days after an appeal shall have been
determined.
E.
Failure to comply. When a person to whom an order is
directed shall fail to comply within the specified time, the Village Arborist
shall remedy the condition or contract with others for such purpose and charge
the cost thereof to the person to whom the order is directed. The person remedying
a condition under a contract made hereunder shall be authorized to enter private
premises for that purpose.
If the cost of remedying a condition is not paid within 30 days after
receipt of a statement therefor from the Village Arborist, such cost shall
be levied against the property upon which said hazard exists as a special
assessment, in the manner authorized by the rules of the Agriculture and Markets
Commissioner. The levying of such assessment shall not affect the liability
of the person to whom the order is directed. Such special assessment shall
be collected in the manner provided by law.
No person shall, without the consent of the owner in the case of a private
tree or shrub or without a written permit from the Village Arborist in the
case of a public tree or shrub, do, or cause to be done by others, any of
the following acts:
A.
Secure, fasten or run any rope, wire, sign or other device
or material to, around or through a tree or shrub.
B.
Break, injure, mutilate, deface, kill or destroy a tree
or shrub or permit any fire to burn where it will injure any tree or shrub.
C.
Permit any toxic chemical, gas, smoke, salt, brine, oil
or other injurious substance to seep, drain or be emptied upon or about any
tree or shrub.
D.
Erect, alter, repair or raze any building or structure
without placing suitable guards around all nearby public trees or shrubs which
may be injured or defaced by, or where said injury or defacement may arise
out of, in connection with or by reason of, such operation. The quality of
said guard shall be determined by the Village Arborist.
E.
Knowingly permit any unprotected electric service wires
to come in prolonged contact with any public tree or shrub.
F.
Remove any guard, stake or other device or material intended
for the protection of a public tree or shrub or close or obstruct any open
space about the base of a public tree or shrub designed to permit access of
air, water and fertilizer.
It shall be unlawful for any person to place or maintain upon the ground
in any public place any stone, concrete, brick or other impervious material
or substance in such a manner as may obstruct the free access of air and water
to the roots of any tree upon any public place in the Village without first
having obtained written permission. Unless otherwise provided for there shall
be maintained about the base of the trunk of each such tree at least nine
square feet of open ground for a tree three inches in diameter, and for every
two inches of increase of such diameter there shall be an increase of at least
one square foot of open ground.
Any silver maple, honey locust, poplar, basswood (American linden), box elder, catalpa or willow upon private property in the Village in such close proximity to any public place in the Village as will permit the roots of said tree to penetrate through or under the surface of any public place in the Village is hereby declared to be a public nuisance and may be abated by the Village Arborist as provided in §§ 201-4C, 201-22 and 201-23.
[Added 1-8-1968]
Pursuant to the provisions of § 169 of the Agriculture and
Markets Law, the Village Board of Trustees does hereby elect on behalf of
the Village to exercise and enjoy through its appropriate officers and employees
the powers and immunities prescribed and granted in §§ 164,
165 and 167 of Article 14 of said Agriculture and Markets Law with respect
and in regard to Dutch Elm Disease within the limits of said Village.
No person shall prevent, delay or interfere with the Village Arborist
or his agents, employees or servants while they are engaged in carrying out
any work or activities authorized by this chapter.
Any person violating any of the provisions of this chapter shall be
deemed and held to be guilty of an offense and, upon conviction, shall be
fined a sum not to exceed $250 or imprisoned for not more than 15 days, or
both, for each such offense. Each week during which the violation shall continue
shall be held and deemed to be a separate offense.
