[HISTORY: Adopted by the Board of Trustees
of the Village of Williamsville 11-24-2003 by L.L. No. 1-2003. Amendments noted where applicable.]
The Williamsville Village Board hereby finds
that there is a direct and important relationship between the existence
of trees in the Village of Williamsville and the health, safety and
welfare of the community. Trees preserve air and water quality, provide
shade to people and property, and enhance economic and aesthetic property
values. Trees stabilize soil, control air and water pollution, and
provide a natural habitat for wildlife.
As used in this chapter, the following terms
shall have the meanings indicated:
A tree that sheds its leaves annually and including ginkgo
genus.
A plant or tree that retains its verdure, leaves or needles
through all seasons and including deciduous conifers such as members
of the Larix, Pseudolarux, and taxodium genus.
Trees in public parks.
Trees within the right of way of all streets, avenues or
highways within the Village.
The severe cutting back of limbs to stubs which are larger
than three inches in diameter within the tree's crown to such a degree
so as to remove the normal canopy and disfigure the tree. On smaller
trees, this topping applies to the cutting back of limbs within the
tree's crown to such a degree so as to remove the normal canopy and
disfigure the tree.
The Village Forester is appointed annually by
the Village of Williamsville Board of Trustees. The duties include
inspection of all municipal trees, maintaining the tree inventory,
recommending maintenance measures, including pruning, removal, fertilization
and inspection for hazardous conditions. The Forester will also recommend
a planting and replanting schedule each spring and fall with due regard
to appropriate site location and tree species.
A.
Creation and establishment. There shall be created
and established a Village Tree Board of the Village of Williamsville,
New York, which shall consist of a total of 10 members. Seven members
shall consist of a majority of Village residents; the remaining three
shall be ex officio members comprised of the Village Forester, one
Village Board member liaison and one Department of Public Works employee.
All members shall be appointed by the Mayor, subject to the approval
of the Village Board. The Tree Board shall annually elect a Chairperson
and advise the Village Board of the name of such Chairperson.
[Amended 5-29-2007 by L.L. No. 3-2007]
B.
Term of office. The term of the 10 persons to be appointed
by the Mayor shall be three years. In the event that a vacancy shall
occur during the term of any member, his or her successor shall be
appointed by the Mayor for the unexpired portion of the term.
[Amended 5-29-2007 by L.L. No. 3-2007]
C.
Compensation. Members of the Board shall serve without
compensation.
D.
Duties and responsibilities.
(1)
The Tree Board shall develop and/or update annually
and administer a written Tree Risk Management Plan for the care, preservation,
pruning, planting, replanting, removal or disposition of trees in
parks, along streets and in other public areas. Such plan will be
presented annually to the Village Board and, upon its acceptance and
approval, shall constitute the official comprehensive Village Tree
Management Plan for the Village of Williamsville.
(2)
The Tree Board, when requested by the Village Board,
shall consider, investigate, advise, report and recommend upon any
special matter of question coming within the scope of its work.
(3)
The Tree Board will strive to raise consciousness
of the importance of trees to the Village.
(4)
Meetings of the Tree Board shall be called by the
Chairperson.
A.
Damage and/or removal. Protection of mature street
and park trees shall be a priority. Trees of desirable species and
good health shall be protected as much as possible from damage and/or
removal during construction, sidewalk repair, utility work above and
below ground and other similar activities.
B.
Public tree care. The Village shall have the right
to plant and maintain trees within the right-of-way of all streets,
avenues, highways and on public grounds, as may be necessary to enhance
the beauty of such public grounds.
A.
Desired tree list. The Williamsville Tree Board shall
develop and maintain a list of desirable trees for planting along
streets, parks and other public areas in two size classes based on
mature height: small (under 20 feet) and large (over 20 feet). Efforts
shall be made to ensure a sufficient diversity of tree species. A
list of trees not suitable for planting will also be maintained.
B.
Size. All deciduous trees planted shall have a minimum
caliper of 1 3/4 inches, measured six inches above the ground.
All evergreen trees planted shall have a minimum height of five feet
above the ground.
C.
Tree spacing. The spacing of trees shall be in accordance
with the two species size classes listed in this chapter, and no new
trees may be planted closer than the following: small trees 20 feet;
large trees 30 feet, except in special plantings designed or approved
by a landscape architect, the Planning and Architectural Review Board,
or at the discretion of the Village Tree Board in consultation with
the Department of Public Works.
D.
Location of trees.
(1)
No new street trees may be planted closer than two
feet to any curb or sidewalk except at the discretion of the Tree
Board in consultation with the Department of Public Works.
(3)
No new street trees shall be planted closer than 10
feet to any fire hydrant.
(4)
Consideration should be given to avoid planting within
20 feet of any underground waterline, sewer line, transmission line
or other utility.
No person shall cut, mar or otherwise injure
any shade tree planted or growing in or along the streets of said
Village, or hitch any horse or other animal thereto; provided, however,
that the Village of Williamsville Department of Public Works, or a
person authorized in writing by the Village of Williamsville Department
of Public Works, may cut or trim trees growing in or along the streets
of the Village of Williamsville where such trimming or cutting is
required to preserve the public health, safety and/or welfare.
A.
Topping of trees. It shall be unlawful for any person,
firm or other entity to top any street or park tree. Trees severely
damaged by storms or other causes, or trees under utility wires or
other obstructions where other pruning practices are impractical shall
be exempt from this section at the determination of the Department
of Public Works. The Department of Public Works will notify the Tree
Board and/or Village Forester if an exception does occur.
B.
Pruning of trees. The Department of Public Works and
utility companies within their easements shall have the right to prune
any street tree within the right of way and village parks for the
following reasons:
(1)
Necessary to insure public safety or to preserve or
enhance the symmetry and beauty of such public grounds.
(2)
Obstructing light from street lamp(s) or obstruct
the view of street intersections, traffic control devices or sign(s),
or interfere with utility lines.
(3)
To provide a clear space of eight feet above the surface
of the sidewalk.
(4)
To provide a clear space of 13 feet above the street
surface.
A.
Dangerous and infected trees. The Village shall have
the right to cause the removal of any dead or diseased trees on private
property within the Village, when such trees constitute a hazard to
life and property or harbor insects or disease, which constitute a
potential threat to other trees within the Village. The Village will
notify, in writing, the owners of the property of any such trees.
Removal shall be done by said owners within sixty days after the date
of service of notice. In the event of failure of owners to comply
with such notice or if the tree constitutes an immediate threat or
danger to the health, safety and welfare of the community, the Village,
or its authorized representative, shall have the authority to remove
such trees by resolution of the Village Board, and charge the cost
of removal on to the owners, and/or levy the same on subsequent tax
bills.
B.
Obstructive trees. The Village Department of Public
Works may remove or cause or order to be removed, any tree or part
thereof on Public property which is in an unsafe condition or which
by reason of its nature is injurious to sewers, electric power lines,
gas lines, water lines or other public improvements. Trees removed
by the Department of Public Works or by natural causes shall be replaced
on a one-for-one basis within one year. The location and species of
any replacement tree shall be determined by the Village Board of Trustees
on advice of the Village Tree Board and Department of Public Works
in consultation with the owners of the property where such trees are
located.
C.
Removal standards. In cutting down trees located in
public and terrace areas, the tree must be removed with the root stump
grubbed out, or ground out to a depth of at least nine inches below
grade measured in a straight line with the normal grade of sidewalk
to top of curb. All wood and debris must be removed from the street
prior to the end of the each working day, and all holes shall be filled
to normal grade level with topsoil as soon as reasonably practical.
D.
Private removal. Except as otherwise provided herein,
no person, firm, organization or corporation shall trim, remove or
destroy any tree or shrub located in or upon any public place and
within their easement, until written permission shall have been issued
by the Village Board of Trustees on the advice of the Village Tree
Board. Such permission shall be given only when the removal, trimming
or cutting of the tree or shrub is necessary, as determined by the
Board, because of disease, damage, hazardous condition, and/or location,
or its location is such that substantial detriment is done to the
property abutting the same. Such written permission shall expressly
state the premises upon which the tree stands and the location of
the tree thereon. Notwithstanding the foregoing provisions, any public
utility may trim, remove or destroy any tree located upon any public
place after receiving verbal permission from the Village Superintendent
of Public Works. Such verbal permission shall only be given for the
reasons set forth above.
No person shall fasten any sign, wire, rope,
nail, lights or other material to or around or through any street
or park tree in the Village of Williamsville, except by written Mayor's
permit in consultation with the Department of Public Works, excepting
cases of emergency.
No person shall prevent, delay or interfere
with the Village Tree Board, Village employees, or any of their agents
while engaging in and about the planting, cultivating, mulching, pruning,
spraying or removing of any trees, shrubs, bushes or other vegetation
on private grounds as authorized in this chapter.
The Village Board will have the right to review
any decisions regarding trees. The Village Board shall have the right
to review any conduct, acts and decisions of the Village Tree Board.
Any person may appeal from any ruling or order of the Village Tree
Board to the Village Board, which may hear the matter and make a final
decision.
Each year in its annual budget, the Village
Board shall include the establishment of a Village Tree Planting and
Maintenance Fund. Such fund shall be an annual budget appropriation
and in an amount of not less than $2 per capita of population for
the Village.
Any person violating any of the provisions of
this chapter shall be punished, upon conviction, by a fine of not
less than $250 for each violation. In addition, each violation of
this enactment shall constitute disorderly conduct, and each person
violating the same shall be a disorderly person. Each day that a violation
of or failure to comply with any provision of this enactment or any
regulation promulgated hereunder by the Board of Trustees occurs shall
constitute a separate and distinct violation.
This chapter shall be administered as specified
herein and enforced by the Village Building Inspector/Code Enforcement
Official and the Supervisor of the Department of Public Works.
If any clause, sentence, paragraph or part of
this chapter shall be adjudged by any court of competent jurisdiction
to be invalid, such judgment shall not affect, impair or invalidate
the remainder of this chapter and shall be confined in it operation
to the clause, sentence, paragraph or part thereof directly involved
in the controversy in which such judgment shall have been rendered.
This chapter may be amended by resolution by
the Village Board of Trustees.
This chapter may be cited as the "Williamsville
Comprehensive Tree Ordinance."
This chapter shall become effective upon filing
with the Secretary of State.
