[HISTORY: Adopted by the Board of Trustees
of the Village of Waverly 6-12-1990 as L.L. No. 2-1990. Amendments noted where
applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 125.
The purpose of this chapter is to enhance the
safety, health and welfare of the people of the Village of Waverly
by establishing standards for tree planting, maintenance and removal.
As used in this chapter, the following terms
shall have the meanings indicated:
Trees, shrubs, bushes and all other woody vegetation in those
areas within the village that have been dedicated as public parks.
Trees planted by the village as part of an official improvement
or renovation project or program.
Trees, shrubs, bushes and all other woody vegetation on lands
belonging to the village other than parks or street lawns.
Trees, shrubs, bushes and all other woody vegetation on land
lying between the curbline and the sidewalks on either side of the
streets within the village, the area hereafter referred to as the
"street lawn."
There is hereby created and established a Village
Tree Board for the Village of Waverly, New York, which shall consist
of five members, citizens and residents of the village, who shall
be appointed by the Mayor with the approval of the Board of Trustees.
The term 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. 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, pruning, planting, replanting,
removal or disposition of street trees, program trees and public trees,
but not park trees. Such plan will be presented annually to the Board
of Trustees and, upon their acceptance and approval, shall constitute
the official comprehensive Village Tree Plan for the Village of Waverly,
New York. The Tree Board, when requested by the Board of Trustees,
shall consider, investigate, make finding, report and recommend upon
any special matter or question coming 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.
The following list constitutes the initial official
street tree species for the Village of Waverly, 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. (See Addendum.[1])
[1]
Editor's Note: The Addendum is included at the end of this chapter.
The spacing of street trees will be in accordance with the tree species size classes listed in § 137-7 and no trees may be planted closer together than the following: small trees, 25 feet; medium trees, 35 feet; and large trees, 50 feet; 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 § 137-7 and no trees may be planted closer to any curb or sidewalk than the following: small trees, 1 1/2 feet; medium trees, three feet; and large trees, four feet.
No street tree shall be planted closer than
30 feet from any street corner, measured from the point of 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 § 137-7, may be planted under or within 10 lateral feet of any overhead primary electric powerline.
The village shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, 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 Tree Board may remove or cause or order 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 is in accordance with §§ 137-7 through 137-11.
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 canopy and disfigure the tree. Trees severely
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 streetlamp
or obstruct the view of any street intersection and so that there
shall be a clear space of seven 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 scrub 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 within the
village, when such trees constitute a hazard to life and property.
The Tree Board will notify, in writing, the owners of such trees.
Removal shall be done by said owners within 60 days after date of
service of notice. In the event of failure of 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 public 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.
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 who may hear the matter and make final decision.
Any person violating any provisions of this
chapter shall be, on conviction or a plea of guilty, subject to a
fine not to exceed $200, 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.
