[HISTORY: Adopted by the Board of Trustees of the Village of Springville: Art. I, 1-2-1990 as L.L. No. 2-1990; Art. II, at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments noted where applicable.]
[Adopted 1-2-1990 as L.L. No. 2-1990]
The Board of Trustees of the Village of Springville recognizes that many mature trees that were growing on the several public street rights-of-way within the village have had to be removed in recent years for a variety of reasons. Moreover, it is anticipated that in the future it will be necessary to remove more trees from the public streets in the village due to their death or disease or for other reasons deemed prudent by the Board of Trustees of the village. While recognizing that the loss of these trees has and will have a serious detrimental impact upon the environment, it is equally clear that a general village policy of tree replacement within the rights-of-way of the village streets is not a prudent course of action. The hindrance of trees when making street and sidewalk repairs, root restriction, road salt, vandalism and interference with the installation and maintenance of utilities are all concerns that mitigate against a policy of routinely replacing trees within the street rights-of-way. It is nevertheless still considered highly desirable that these trees be replaced. Consequently, the village wishes to encourage such replacement on private property in the immediate area of the removal.
In the exercise of its power to protect and enhance the physical and visual environment of the Village of Springville by local law, to take measures by local law that are deemed expedient or desirable for the safety, health, comfort and general welfare of all the inhabitants of the Village of Springville and for the protection and enhancement of their communal lives and property, the Village Board does hereby adopt this chapter in order to reduce the detrimental effect of necessary tree removal upon the aesthetic and environmental values of all the citizens of the Village of Springville.
Whenever the Village of Springville or other governmental entity removes or permits or requires the removal of a tree from the public right-of-way of any street, road or highway within the Village of Springville, the property owner immediately adjacent to the location where the tree was removed may request that the village enter into a contract with such owner whereby the village, in consideration of the owner's covenants contained therein, will supply a replacement tree of the owner's choice from a list of available and authorized trees as compiled from time to time by the Superintendent of Public Works and approved by the Village Board.
The terms of such contract shall provide that the replacement tree selected by the owner will be provided by the village for planting upon the owner's adjacent land and shall be so planted in accordance with a tree replacement policy adopted and as may be modified from time to time by resolution of the Village Board of Trustees. Said tree replacement policy shall address and regulate, among any other concerns deemed appropriate by the Board:
The required planting location of the new tree on the owner's land with reference to streets, public and private rights-of-way, sidewalks, driveways, overhead and underground utilities and existing trees and buildings.
The time and manner of planting.
The obligations with regard to the continuing care of the replacement tree by the recipient thereof.
The time and other arrangements for delivery and transport of the replacement tree by the owner.
The conditions of any future removal of the replacement tree.
The assumption by the owner of sole responsibility for any injury or damage to the owner or others that may be occasioned by the delivery and transportation, the planting or the continuing presence of the replacement tree and an agreement to defend and hold the village harmless from any loss by reason of any such injury, damage or liability.
Upon approval of the Board of Trustees, the Mayor or the Clerk of the Village of Springville may execute such contract on behalf of the village whenever a replacement tree has been requested and funds are available for such purpose. Funds for the purchase of such trees may be appropriated from a regularly budgeted account or from funds donated to the Village of Springville for that purpose.
Nothing herein contained shall confer upon any person any right or claim to be asserted against the village under any circumstances, nor give any person a right to request a replacement tree unless funds have been made available therefor by the Board of Trustees. No such contract shall be executed by the village if the Board of Trustees determines in its sole discretion that the overall best interest of the Village of Springville, as expressed in § 170-1 hereof, would not be served thereby; nor shall the village be obliged at any time to budget or appropriate any funds for the purposes herein expressed.
No tree shall be planted in or on any public right-of-way or easement.
No tree shall be planted closer than eight feet to any sidewalk or driveway maintained by the village.
Where no sidewalk exists, no tree shall be planted any closer than 20 feet to the edge of the road pavement.
No tree shall be planted over any water, sewer, gas, electric or drainage line or system.
No tree shall be planted under any overhead wires.
No tree shall be planted closer than 35 feet to any intersection. Said thirty-five-foot distance shall be measured from the edge of the pavement of the intersecting streets.
The owner of any lot where such tree or trees exist shall assume sole responsibility for the maintenance of said trees in conformity with the Code of the Village of Springville.
This section shall only be effective as to those trees planted on or after the effective date of this chapter.
Any person committing an offense against any provision of this chapter shall, upon conviction, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250.