[HISTORY: Adopted by the Board of Trustees
of the Village of Delhi 4-2-1984 by L.L. No. 2-1984 (Ch. 37, Art. VIII,
of the 1979 Code). Amendments noted where applicable.]
This chapter shall be known and may be cited
as the "Shade Tree Local Law of the Village of Delhi, County of Delaware."
For the purpose of this chapter the following
terms, phrases, words and their derivations shall have the meanings
given herein. When not inconsistent with the context, words used in
the present tense include the future, words in the plural include
the singular and words in the singular include the plural. The word
"shall" is mandatory and not merely directory.
Includes all public parks.
The person owning such property as shown by the County Map
of the Village of Delhi.
Includes all other grounds owned by the Village of Delhi,
County of Delaware.
The entire width of every public way or right-of-way when
any part thereof is open to the use of the public, as a matter of
right, for purposes of vehicular and pedestrian traffic.
That part adjacent to a street or highway, not covered by
sidewalks or other paving, lying between the property line and that
portion of the street or highway usually used for vehicular traffic.
PUBLIC TREESIncludes all shade and ornamental trees now or hereafter growing on any street or any public areas where otherwise indicated.
LARGE TREESThose attaining a height of 45 feet or more.
MEDIUM TREESThose attaining a height of 30 to 45 feet.
SMALL TREESThose attaining a height of 20 to 30 feet.
The Village of Delhi.
A.
Establishment; membership; terms.
(1)
There shall be created a commission to be known and
designated as the "Shade Tree Commission." The Commission shall consist
of five members, all of whom shall be residents of the Village. All
will serve without compensation.
(2)
The Superintendent of Public Works of the Village
shall be a member and shall serve for the duration of his employment.
The remaining four members shall initially be appointed as follows:
one for two years; one for three years; one for four years; and one
for a five-year term. Thereafter, appointment shall be for five years.
(3)
On the expiration of the term of any Commissioner
or to fill vacancies, a successor shall be appointed by the Mayor
of the Village of Delhi, to serve for the unexpired term.
B.
The duties of the Shade Tree Commission shall be as
follows:
(1)
General powers. The Commission shall have exclusive
custody and control of the shade trees in the Village and is authorized
to plant, remove, maintain and protect shade trees on the public streets
and property within the Village.
(2)
Specific duties include, but are not limited to:
(a)
Studying the problems and determining the needs
of the Village in connection with its tree planting program.
(b)
Recommending to the proper authority the type
and kind of trees to be planted upon such Village streets or parts
of Village streets or in parks as is designated.
(c)
Assisting the Village governing body and citizens
of the Village in the dissemination of news and information regarding
the selection, planting and maintenance of trees within the Village
limits, and making recommendations to the Village governing body as
to desirable legislation concerning the tree program.
C.
Within a reasonable time after the appointment of
said Commission and the approval of the members thereof, upon call
of the Village governing body, said Commission shall meet and organize
by the election of a Chairman. The said Commission shall then provide
for the adoption of rules and procedures and for the holding of regular
and special meetings as said Commission shall deem advisable and necessary
in order to perform the duties set forth.
A.
No planting, maintenance or removal of a tree on Village
property or on a tree lawn shall be undertaken without a written permit
from the Shade Tree Commission.
B.
Planting. The person or persons applying for a permit
shall state the number of trees to be set out; the location, species
or variety of each tree; the method of planting; and such other information
as the Shade Tree Commission shall find reasonably necessary to a
fair determination of whether a permit should be issued.
C.
Maintenance and application information; application
data. The application required herein shall state the number of trees
to be sprayed, fertilized, pruned or otherwise preserved; the kind
of treatment to be administered; the composition of the spray material
to be applied; and such other information as the Shade Tree Commission
shall find reasonable and necessary to a fair determination of whether
a permit should be issued.
D.
Removal, replanting and replacement.
(1)
Wherever it is necessary to remove a tree or trees
from a tree lawn in connection with the paving of sidewalk or the
paving or widening of the portion of a street or highway used for
vehicular traffic, the Village shall replant such trees or replace
them. Provided that conditions prevent planting on tree lawns, this
requirement will be satisfied if any equivalent number of trees of
the same size and species as provided for in the Arboricultural Specifications
are planted in an attractive manner on the adjoining property.
(2)
No person or property owner shall remove a tree from
the tree lawn for the purpose of construction or for any other reason
without first receiving permission from the Shade Tree Commission
and without replacing the removed tree or trees in accordance with
the adopted Arboricultural Specifications. Such replacement shall
meet the standards of size, species and placement as set by the Shade
Tree Commission. The person or property owner shall bear the cost
of removal and replacement of all trees removed.[1]
E.
Notice of completion of the above work shall be given
to the Shade Tree Commission so a final inspection may be made.
Unless specifically authorized by the Shade
Tree Commission, no person shall intentionally damage, cut, carve,
transplant or remove any tree; attach any rope, wire, nails, advertising
posters or other contrivance to any tree; allow any gaseous, liquid
or solid substance which is harmful to such trees to come in contact
with them; or set fire or permit any fire to burn when such fire or
the heat thereof will injure any portion of any tree.
No person, firm or corporation shall hinder,
prevent, delay or interfere with the Shade Tree Commission or any
of its assistants while engaged in carrying out the execution or enforcement
of this chapter or duly adopted regulations; provided, however, that
nothing herein shall be construed as an attempt to prohibit the pursuit
of any remedy, legal or equitable, in any court of competent jurisdiction
for the protection of property rights by the owner of any property
within the municipality.
A.
All trees on any street or other publicly owned property
near any excavation or construction of any building, structure or
street work shall be guarded with a good substantial fence, frame
or box not less than four feet high and eight feet square, or at a
distance in feet from the tree equal to the diameter of the trunk
in inches, diameter at breast height, whichever is greater, and all
building material, dirt or other debris shall be kept outside the
barrier.
B.
No person shall excavate any ditches, tunnels or trenches
or lay any driveway within a radius of 10 feet from any public tree
without first obtaining a written permit from the Shade Tree Commission.
No person shall deposit, place, store or maintain
upon any public place of the municipality any stone, brick, sand,
concrete or other materials which may impede the free passage of water,
air and fertilizer to the roots of any tree growing therein, except
by written permit of the Shade Tree Commission.
Any person, firm or corporation violating or
failing to comply with any of the provisions of this chapter shall
be subject to a fine of not more than $250, to imprisonment for not
more than 15 days, or both.
A.
Any person, firm or corporation aggrieved by decision
of the Shade Tree Commission shall have 30 days from the date of that
decision to appeal to the Board of Trustees of the Village of Delhi.
B.
The Board of Trustees, within 30 days of the receipt
of such an appeal, shall render a decision either affirming, modifying
or reversing such decision of the Shade Tree Commission.
