[HISTORY: Adopted by the Board of Trustees of the Village
of Athens 2-28-2018 by L.L. No. 4-2018. Amendments noted where applicable.]
The Village Board enacts this chapter to achieve the following
purposes:
A.
Establish and maintain the maximum sustainable amount of tree cover
on public and private lands which impact public streets and other
public property in the Village;
B.
Maintain trees within the Village in a healthy and nonhazardous condition
through accepted arboricultural practices;
C.
Establish and maintain appropriate diversity in species and age classes
within the Village;
D.
Protect and enhance the character of the Village by assuring that
decisions regarding the care and maintenance of trees are consistent
within the Village and consistent with the Village Comprehensive Plan;
E.
Form cooperative agreement between Village and subdivision developers
as outlined in Comprehensive Plan;
F.
Prevent soil erosion and provide protection to wetlands, water bodies,
watercourses, air quality, vegetation, wildlife and fragile natural
resources; and
G.
Preserve the natural beauty and community character of the Village.
As used in this chapter, the following terms shall have the
meanings indicated:
The cultivation of trees and shrubs, including the study
of how they grow and respond to cultural practices in the environment,
as well as aspects of cultivation such as selection, planting, care
and removal.
Trained specialist certified by the International Society
of Arborculture or one of its chapters or other nationally recognized
arborcultural organizations with expertise in tree management.
The diameter of a tree trunk, taken six inches above ground
for up to and including four-inch caliper size, and the diameter at
breast height for larger trees.
A measurement of projection of total crown size that a tree
or trees in a specified area will attain at maturity.
All portions of a tree, excluding trunk and roots, such as
branches and foliage.
The diameter or caliper of a tree trunk at the height of
4.5 feet above ground.
The cutting or pruning of a tree when:
Any tree which constitutes a public nuisance by virtue of
having an infectious disease or insect problem, being dead or dying,
having limbs that obstruct street lights, traffic lights, etc., or
a tree that poses a threat to public safety.
Any trees, shrubs, bushes and all woody vegetation on land
lying within public parks and in all areas owned by the Village and
to which the public has access.
The Village of Athens Planning Board.
A healthy tree which has a minimum diameter of 36 inches
at DBH or a minimum crown spread of 15 feet.
A Village tree growing in the strip of land between the edge
of the street and the sidewalk or within the Village easement.
Any removal, breaking, pruning, destruction or injury of
any tree covered by the provisions of this chapter.
A plan submitted to the Village of Athens Board in conjunction
with any subdivision or other development site plan or special permit
application for the preservation, maintenance and protection of trees
on the property to be developed.
An inventory of existing public trees within the Village
indicating species, location, size, and age. Inventories of Village
trees should include street trees, park trees, on public lands.
The Village Board and Mayor of the Village of Athens.
A.
Authority and composition of the Committee: There is hereby created
a Village Tree Committee for the Village of Athens. The Committee
shall consist of three members and as well as an appointee from the
Board membership. All members of the Committee shall be residents
of the Village of Athens. Knowledge of arborculture is desirable,
but shall not be a requirement for membership on the Committee. The
Committee shall be appointed by the Mayor and the Board of Trustees
by resolution. The initial terms of office for the members of the
Committee shall be three years for one member, two years for one member,
and one year for one member. Thereafter, on the expiration of a member's
term, subsequent appointments shall be for a term of three years.
All appointments to fill vacancies shall be for the expected term.
Members of the Committee shall, on a yearly basis, appoint a member
of the Committee to act as Chairperson of the Committee for one year.
B.
Funding and compensation: The members of the Tree Committee shall
not be compensated for their services.
C.
Professional assistance and advisement: The Committee may, if necessary
to fulfill its functions, utilize the services of certified professional
to assist and advise the Committee. Requests for such professional
services shall be made to the Village, and hiring of such professionals,
with the recommendation of the Committee, shall be made by the Village
Board.
D.
Tree survey and management plan: The Committee shall be responsible
for creating and updating a tree survey within the Village parks and
Village properties and along public streets. The survey shall consist
of three categories: 1) the location of each tree; 2) the species
of said tree; and 3) the approximate age and size of tree. This survey
shall be used by the Committee to create and implement a tree management
plan which the Committee will update periodically, but no less than
every three years, to reflect current conditions. The tree management
plan will address the following:
(1)
Identification of planting sites with a goal of increasing the percentage
of canopy cover within the Village;
(2)
Create a list of trees appropriate for planting along streets, in
the Village parks and on Village property;
(3)
Annual goals for pruning and removal of dead, dangerous or hazardous
trees and tree limbs in the Village as identified at the time of the
survey. It is acknowledged that the goals set may not be all inclusive
and additional pruning or cutting maybe required.
(4)
When a Village tree is removed, or dies naturally, the Tree Committee
may, with Village Board approval replace the former tree with a new
replacement tree in the Village. Replacement trees must be at least
1.75 inches in diameter. Trees planted by the Tree Committee, as well
as the general public, should be carefully selected. For example:
trees and shrubs placed near street corners or driveways must allow
for safe driver visibility.
E.
Recommendations for tree maintenance, removal and care: The Committee
shall make recommendations to the Village Board, its officials and
employees for the planting, maintenance and care of trees along public
streets or within the Village parks and Village property. The Board
shall, except in cases of emergency cutting, consult with the Committee
before removing or ordering the removal of a tree or limb of a tree.
In providing such advice, the Committee may examine the subject tree
(s) and may consult with an arborist or other professional consultant.
The Committee may also make recommendations to the Village Board through
the liaison member concerning those trees which present a hazard because
of death, age, infectious disease, insect infestation or overgrowth
which obstructs street lights and traffic and street signs, or any
other condition which requires the treatment, cutting, or removal
of trees.
F.
Cooperation with other municipalities: Cooperation may take the form
of participation by the Tree Committee or its members in a joint Tree
Committee established by other municipalities and the Village of Athens
pursuant to an intermunicipal agreement.
G.
Dissemination of tree information: The Committee shall assist the
officers and employees of the Village, as well as residents, in the
dissemination of information regarding the importance of selection,
planting and maintenance of trees within the Village, whether on public
or private land.
H.
Other responsibilities: The Committee shall fulfill such other and
further responsibilities imposed upon it by the Village Board, from
time to time, as may reasonably be necessary to affect the purposes
and intent of this chapter.
A.
Planting approval or removal, cutting, topping, pruning of a tree is obtained through written request to Village Board via current complaint process. All applications will be forwarded to the Tree Committee for review. In all cases, when a complaint is made effort shall be made to preserve the tree and the least severe approach shall be considered. Refer to § 201-28.
B.
Application for tree planting shall be made in writing to the Village
Board through the Village Clerk on a form provided by the Village.
Upon receipt of application, the Village Clerk shall forward the application
within one work week to the Tree Committee for recommendation.
C.
The Village Board shall give due consideration to the recommendations
made by the Tree Committee in acting on the application and shall
issue approval when the Board establishes to its satisfaction that
there is a need for the proposed action based on the following:
(1)
The presence of the tree would cause undue hardship or would endanger
the health safety or welfare of the general public, the applicant
or the adjacent property owner;
(2)
The tree is diseased or threatens the health of other trees;
(3)
The tree(s) substantially interfere(s) with a permitted use of property;
(4)
The cutting of the tree(s) is required by application of the standards
of accepted arboricultural practices and will not have an adverse
effect on the ecological system or the environment;
(5)
The location of the tree(s) prevents compliance with state, county,
or local standards for site lines, driveways and/or intersections,
or
(6)
The tree planting is in accordance with the tree survey and Village
tree management plan.
D.
The Village Board may impose such conditions on the issuance of approval
as may be necessary and reasonable to mitigate the adverse impacts
to the tree.
F.
Approval may be revoked by the Village Board if it determines that
the tree cutting performed by the property owner is not performed
in accordance with the approved conditions.
A.
Each application submitted to the Planning Board for site plan approval,
special permit approval and/or subdivision of property within the
Village shall be accompanied by a description of all tree removal
which is contemplated in conjunction with the project prepared by
the applicant. In particular, the description shall include:
(1)
Identification of all trees on the property as may be have identified
by the Committee in its inventory;
(2)
A description of all trees having a DBH of 24 inches or greater;
(3)
A description of all trees which are locally important in this area;
(4)
A description of all trees having a high ecological or aesthetic
value;
B.
This description shall be referred by the Planning Board to the Tree
Committee upon receipt of a complete application from the applicant
and shall utilized for inventory and future planning purposes for
the Village.
A.
The Village, through the Department of Public Works, shall have the
authority to prune the branches of any tree overhanging any street
or right-of-way within the Village so that the branches shall not
obstruct the light from any street lamp or obstruct the view of any
street intersection and so that there shall be a clear space of eight
to 10 feet from the surface of the street or sidewalk or 15 feet from
North Washington Street and South Washington Street and Second Street
from Water Street to Warren Street. In all cases every effort shall
be made to preserve the tree and the least severe approach utilized.
B.
The Village shall have the authority to cause removal of any dead,
diseased or other trees on private property within the Village when
such tree constitutes a hazard to public streets, public ways or other
public property within the Village. The Village, through the Department
of Public Works or the Village Clerk, will notify, in writing, the
owner of such tree(s). Removal shall be performed by said owners at
their own expense within 60 days after the date of service notice,
unless a shorter time period is specified in the notice. In the event
of the failure of the owners to comply with such provisions, the Village
shall have the authority to remove such trees and charge the cost
of the removal as a municipal lien to be levied as a special assessment
or tax against the owner of the property upon which the tree is situated.
Notices pursuant to this section shall be deemed to be given when
delivered personally to the property owner or when sent by certified
mail, return receipt requested, to the address of the property owner
as shown in the latest tax roll assessment.
C.
Upon removal of a tree, a tree stump larger than 12 inches in diameter
must be ground to several inches below the existing level of soil
and the area must be covered with soil and re-seeded with grass. Tree
stumps less than 12 inches in diameter must be cut flush to the ground.
All wood left after the tree is cut down must be cleaned up and removed;
wood may not be left at the curbside for more than 24 hours. Removed
trees found to be infested with insects or disease are to be treated
or burned in a secure location so as not to spread invasive insects
and disease.
D.
When a Village tree is removed, or dies naturally, the Tree Committee
may with Village Board approval replace the former tree with a new
replacement tree in the Village. Replacement trees must be at least
1.75 inches in diameter and be included in the maintenance plan to
assure their survival.
To the extent that any other local law, ordinance, rule or standard
may conflict with the terms herein, the language and terms of this
chapter shall control.
If any clause, sentence, paragraph, word, section or part of
this chapter shall be adjudged by any court of competent jurisdiction
to be unconstitutional, illegal or invalid, such judgment shall not
affect, impair or invalidate the remainder thereof, but shall be confined
in its operation to the clause, sentence, paragraph, word, section
or part thereof, directly involved in the controversy in which said
judgment shall have been rendered.
This chapter shall take effect immediately upon filing with
the Secretary of State's office.
