[Adopted 12-7-2022 by L.L. No. 5-2022]
This article shall be known and may be cited as the "Tree Laws
of the Incorporated Village of Lawrence."
To enhance the quality of life and the present and future health,
safety and welfare of all residents, to enhance property values, and
to ensure proper planting and care of trees on public property, the
Board of Trustees herein delegates the authority and responsibility
for managing public trees, creates a Tree Committee, establishes practices
governing the planting and care of trees on public property, and makes
provision for the emergency removal of trees on private property under
certain conditions.
As used in this article, the following words and phrases shall
have the meanings indicated:
Any injury to or destruction of a tree, including but not
limited to uprooting or severance of all or part of the root system
or main trunk. Storage of material on or compaction of surrounding
soil; a substantial change in the natural grade above a root system
or around a trunk; surrounding the tree with impervious paving materials;
or any trauma caused by accident or collision.
Any tree, or limb thereof, that has an infectious disease
or insect; is dead or dying; obstructs the view of traffic signs or
the free passage of pedestrians or vehicles; or threatens public health,
safety, and welfare.
The area along a public street between the curb and the sidewalk;
or if there is no curb or sidewalk, the unpaved portion of the area
between the street right-of-way line and the paved portion of the
street or alley.
All grounds and rights-of-way (ROWs) owned or maintained
by the Village.
Any tree or woody vegetation on Village-owned or Village-maintained
property or rights-of-way.
The nonstandard practice of cutting back of limbs to stubs
within a tree's crown to such a degree so as to remove the normal
canopy and disfigure the tree.
A.
Delegation of authority and responsibility. The Village Administrator,
and/or his designee, shall have full authority and responsibility
to plant, prune, maintain and remove trees and woody plants growing
in or upon all Village streets, rights-of-way, Village parks, and
other public property. This shall include the removal of trees that
may threaten electrical, telephone, gas, or any municipal water or
sewer line, or any tree that is affected by fungus, insect, or other
pest disease.
B.
Coordination among village departments. All Village departments will
coordinate as necessary with the Village Administrator and/or his
designee and will provide services as required to ensure compliance
with this article as it relates to streets, alleys, rights-of-way,
drainage, easements, and all other public properties.
C.
Interference. No person shall hinder, prevent, delay, or interfere
with the Village Administrator or his agents while engaged in carrying
out the execution or enforcement of this article.
A.
Tree Committee established. The Board of Trustees shall create an
advisory committee entitled "Village of Lawrence Tree Committee" to
work with the Village Administrator and/or his designee to ensure
compliance with this article.
B.
Membership and terms of office.
(1)
The Tree Committee shall consist of three members appointed by the
Mayor who will serve without compensation and be Village residents
or employees, in addition to the Village Administrator and/or his
designee who shall serve as an ex officio member of the Committee.
(2)
Tree Committee members shall be appointed for a term of three years.
The members shall be appointed initially as follows: one member shall
be appointed for a term of one year; one member shall be appointed
for a term of two years; and one member shall be appointed for a term
of three years. Thereafter, all appointments shall be for three years.
The Committee Chair shall be appointed by the Mayor.
(3)
If a Committee member does not serve the full term for reasons other
than expiration of the term, the Mayor shall appoint a successor to
serve for the unexpired term.
(4)
The Committee shall meet a minimum of four times each year.
C.
Tree Committee duties. The Tree Committee, in conjunction with the
Village Administrator and/or his designee, shall have the following
duties that include, but are not limited to:
(1)
Studying, investigating, developing and/or updating the Village's
plan for caring, preserving, pruning, topping, replanting, removing
or disposing of trees and shrubs in parks, along Village streets,
and in other public areas.
(2)
Maintaining reference materials relating to trees and shrubs, and
supporting public awareness and education programs relating to trees.
(3)
Providing an inventory of the location of street trees and determining
areas where such trees could exist but are absent.
(4)
Establishing a suggested species list for the Village and recommending
to the Village the type and kind of trees to be planted upon Village
property.
(5)
Identifying trees for immediate removal.
(6)
Providing a long-range plan every five years for the Village relating
to street trees and shrubs.
(7)
Providing the Board of Trustees with a yearly estimate of the cost
of nursery stock to be used.
(8)
Coordinating and promoting Arbor Day activities.
(9)
Assisting with the annual application to renew the Tree City USA
designation.
A.
It shall be unlawful for any person, firm, or corporation to damage,
remove, or cause the damage or removal of a tree on public property
without written permission from the Village Administrator and/or his
designated agent.
B.
It shall be unlawful for any person, firm, or corporation to attach
any cable, wire, sign, or any other object to any street, park, or
public tree.
C.
It shall be unlawful for any person, firm, or corporation to "top"
any public tree. Trees severely damaged by storms or other causes,
where best pruning practices are impractical, may be exempted from
this provision at the determination of the Village Administrator and/or
his designated agent.
D.
Any person, firm, corporation, or Village department performing construction
near any public tree(s) shall consult with the Village Administrator
and/or his designated agent and shall employ appropriate measures
to protect the tree(s), according to procedures contained in the Best
Management Practices (BMPs) for Managing Trees During Construction,
published by the International Society of Arboriculture.
E.
Each violation of this section as determined and notified by the Village Administrator and/or his designated agent shall constitute a separate violation, punishable by fines and penalties under § 178-23, in addition to mitigation values placed on the tree(s) removed or damaged in violation of this section.
A.
Any tree, or limb thereof, on private property determined by the
Village Administrator and/or his designated agent to have contracted
a lethal, communicable disease or insect; to be dead or dying; to
obstruct the view of traffic signs or the free passage of pedestrians
or vehicles; or that threatens public health, safety, and welfare
is declared a nuisance and the Village may require its treatment or
removal.
B.
Private property owners have the duty, at their own expense, to remove
or treat nuisance trees on their property. The Village may remove
such trees at the owner's expense if the owner does not comply
with treatment and/or removal as specified by the Village Administrator
and/or his designated agent within the written notification period.
Any person committing an offense against any provision of this
article shall, upon conviction thereof, be guilty of a violation pursuant
to the Penal Law of the State of New York, punishable by a fine up
to a maximum of $1,000 or by imprisonment for a term not exceeding
15 days, or by both such fine and imprisonment. The continuation of
an offense against the provisions of this article shall constitute,
for each day the offense is continued, a separate and distinct offense
hereunder.
If any section, paragraph, sentence, clause, or phrase of this
article is found to be invalid by a court of competent jurisdiction,
such judgment shall not affect, impair, or invalidate the remaining
portions of this article.
This article shall become effective immediately upon filing
with the New York State Secretary of State.
