Village of Naples, NY
Ontario County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Naples 2-16-2005 by L.L. No. 2-2005. Amendments noted where applicable.]

§ 283-1 Findings and legislative intent.

The Board of Trustees of the Village of Naples has determined that it is in the interest of the citizens of the Village of Naples to promote and protect their health, safety and welfare to adopt a shade tree ordinance. The Board of Trustees recognizes the role that trees play in the Village ecosystem and that they contribute to the quality of air, reduce noise and visual pollution, help to moderate climatic extremes and conserve energy, and the Board further recognizes the role trees play in enhancing property values and the general quality of life in the Village. In order to establish a responsible program for planting, maintenance, husbandry, or removal of trees or shrubs in the Village, the Board of Trustees finds it necessary to establish a Shade Tree Commission and to adopt this chapter to provide an orderly framework to maximize the benefits afforded by trees within the Village.

§ 283-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
PARK TREES
Any trees, shrubs, bushes and all woody vegetation on land lying within public parks having names and in all areas owned by the Village and to which the public has access.
PUBLIC TREES
Any trees, shrubs, bushes and all woody vegetation on land lying within a public street or right-of-way within the Village.

§ 283-3 Shade Tree Commission.

The Village Shade Tree Commission shall consist of five Commissioners who shall be appointed by the Village Board and who shall serve without compensation. The Shade Tree Commission shall inventory all public trees within the Village and shall study, investigate, and from time to time update the condition of all such public trees. The Shade Tree Commission shall periodically counsel the Village Board of Trustees on how best to manage the public trees and shall prepare and update a written plan for the public safety, care, preservation, pruning, planting, replanting, removal or disposition of trees within the Village of Naples easements, streets, and Village parks. This plan shall also include a provision for public education.

§ 283-4 Care of public trees.

A. 
The Board of Trustees of the Village of Naples shall have the right to plant, prune, maintain and remove trees and woody plants within the limits of all Village streets, rights-of-way, or parks. The Board, in appropriate cases, and upon consultation with the property owner, may remove or prune a tree which stands upon private property but which threatens the safety or welfare of those who may use a Village street or park.
B. 
The Shade Tree Commission may recommend the removal of any tree or part thereof within the limits of any street or public park which threatens the safety or welfare of any person or which by reason of its location or nature threatens any electric line, telephone line, gas line or any municipal water or sewer line or any public improvement, or which is affected by any injurious fungus, insect or other pest or disease.
C. 
It shall be unlawful for any person, firm, corporation, or other entity to top any park tree or public tree. "Topping" is hereby 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 as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees interfering with utility lines or other obstructions where other pruning practices are impractical may be exempted from this subsection at the determination of the Shade Tree Commission.
[Added 4-15-2013 by L.L. No. 2-2013]
D. 
All stumps of park trees 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.
[Added 4-15-2013 by L.L. No. 2-2013]
E. 
Species of trees to be planted shall be selected from a list provided annually by the Shade Tree Commission.
[Added 4-15-2013 by L.L. No. 2-2013]
F. 
The spacing of public trees shall be in accordance with the recommendations provided by the Shade Tree Commission.
[Added 4-15-2013 by L.L. No. 2-2013]
G. 
The distance trees may be planted from curbs or curblines and sidewalks shall be in accordance with the three species size classes, and not trees may be planted closer to any curb or sidewalk than the following:
[Added 4-15-2013 by L.L. No. 2-2013]
(1) 
Small trees: two feet;
(2) 
Medium trees: three feet;
(3) 
Large trees: four feet.
H. 
No public tree shall be planted closer than 35 feet to any street corner measured from the point of nearest intersecting curbs or curblines. No public tree shall be planted closer than 10 feet to any hydrant.
[Added 4-15-2013 by L.L. No. 2-2013]

§ 283-5 Approval for action within Village.

[Amended 7-16-2008 by L.L. No. 4-2008]
No person shall remove, destroy, or cause the removal or destruction of a tree on any Village street or in any Village park, or undertake construction or any activity which may significantly and prematurely detract from the health or growth of a tree, without first having obtained written permission for such removal or construction at the office of the Village Clerk. All applications must be approved by the Shade Tree Commission and all approvals shall be in conformance with the Shade Tree Master Plan.

§ 283-6 Penalties for offenses.

[Amended 7-16-2008 by L.L. No. 4-2008]
Any violation of this chapter shall constitute a violation within the meaning of the Penal Law of the State of New York, and an appearance ticket alleging such violation may be issued by any police officer having jurisdiction. A violation of this chapter shall be subject to a fine of not more than $250 or imprisonment for not more than 15 days, or both.

§ 283-7 Review by Village Board.

A. 
The Village Board of Trustees shall have the right to review the conduct, acts, and decisions of the Shade Tree Commission and of its individual Commissioners. The Board of Trustees shall have the power to remove individual Commissioners and to appoint new Commissioners as may be necessary. Each Commissioner shall serve until he or she resigns or is removed by the Village Board.
[Amended 4-15-2013 by L.L. No. 2-2013]
B. 
Any person who is aggrieved by any decision of the Shade Tree Commission may appeal the decision within 10 days of the filing of the decision with the office of the Village Clerk. The appeal shall be heard by the Board of Trustees within 30 days of the filing of the appeal in the office of the Village Clerk. The Board of Trustees shall make and file its decision with the Village Clerk within five days of its hearing.

§ 283-8 Arborist license and bond.

[Added 4-15-2013 by L.L. No. 2-2013]
No license shall be required of any entity performing tree work that has been approved by the Village Board of Trustees, Shade Tree Commission, or Village Superintendent of Public Works.

§ 283-9 Interference with Shade Tree Commission.

[Added 4-15-2013 by L.L. No. 2-2013]
It shall be unlawful for any person to prevent, delay, or interfere with the Shade Tree Commission or any of its agents while engaging in and about the planting, cultivating, mulching, pruning, spraying, or removing of any park trees or public trees or trees on private property as authorized by this chapter.