[HISTORY: Adopted by the Board of Trustees of the Village of Fayetteville 6-10-1991 by L.L. No. 3-1991. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- PARK TREES
- Trees, shrubs, bushes and all other woody vegetation in public parks having individual names, and all areas owned by the Village or to which the public has free access as a park.
- STREET TREES
- Trees, shrubs, bushes and all other woody vegetation on land lying between property lines on either side of all streets, avenues or ways within the Village.
[Amended 8-8-1994 by L.L. No. 3-1994; 6-11-2001 by L.L. No. 4-2001]
There is hereby created and established a Village Tree Commission for the Village of Fayetteville, New York, which shall consist of five members who shall be appointed by the Mayor with the approval of the Board of Trustees. Each of the Commissioners shall be residents of the Village of Fayetteville with the exception of one Commissioner upon a finding by the Mayor to be an individual with demonstrated expertise in one or more areas reasonably related to the mission and function of the Village Tree Commission.
Associate members. In addition to its regular members, the Tree Commission may include up to two associate members who shall be appointed to one-year terms by the Mayor, subject to the approval of the Board of Trustees. Each associate member may attend meetings and may participate in deliberations including executive session deliberations unless excluded from such executive sessions by vote of the Commission. Each associate member shall have such additional powers and voting rights as are conferred upon them by § 187-43.1.
[Amended 6-11-2001 by L.L. No. 4-2001]
The terms of those members hereafter appointed to fill other than an unexpired term shall be so fixed that one term shall expire at the end of each official year. At the expiration of the term of a member appointed to a term foreshortened to comply with the preceding sentence, his or her successor shall be appointed for a five-year term. No member shall be appointed to a term longer than five years.
Members of the Commission shall serve without compensation.
It shall be the responsibility of the Commission to study, investigate, counsel and develop and/or update annually and administer a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks, along streets and in other public areas. Such plan will be presented annually to the Village Board of Trustees and, upon their acceptance and approval, shall constitute the official comprehensive city tree plan for the Village of Fayetteville, State of New York. The Commission, when requested by the Village Board of Trustees, shall consider, investigate, make finding, report and recommend upon any special matter of question coming within the scope of its work.
The Commission shall make its own rules and regulations, subject to the approval of the Board of Trustees, and keep a record of its proceedings. A majority of the members shall be a quorum for the transaction of business.
No species other than those approved by the Board of Trustees upon recommendation of the Commission may be planted as street trees. Trees shall be classified as small trees, medium trees or large trees.
The spacing of street trees will be in accordance with the three species size classes listed in § 167-7 of this chapter, and no trees may be planted closer together than the following: small trees, 30 feet; medium trees, 40 feet; and large trees, 50 feet, except in special plantings designed or approved by a landscape architect.
No street tree shall be planted closer than 35 feet to any street corner, measured from the point of nearest intersecting curbs or curblines. No street tree shall be planted closer than 10 feet to any fireplug.
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 public grounds as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds.
The Village Tree Commission 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 sewers, electric power lines, gas lines, water lines or other public improvements or is affected with any injurious fungus, insect or other pest. This subsection 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 §§ 167-7 through 167-11 of this chapter.
It shall be unlawful as a normal practice for any person, firm or Village department to top any street tree, park tree or other 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 by storms or other causes or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this chapter at the determination of the Village Tree Commission.
Every owner of any tree overhanging any street or right-of-way within the Village shall prune the branches so that such 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 feet above the surface of the street or sidewalk. Said 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 shrub on private property when it interferes with the proper spread of light along the street from a streetlight or interferes with visibility of any traffic control device or sign.
All stumps of street and park 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.
It shall be unlawful for any person to prevent, delay or interfere with the Village Tree Commission or any of its agents while engaging in and about the planting, cultivating, mulching. pruning, spraying or removing of any street trees, park trees or trees on right-of-way or easements, as authorized in this chapter.
It shall be unlawful for any person or firm to engage in the business or occupation of pruning, treating or removing street or park trees within the Village without first applying for and procuring a license. The license fee shall be $25 annually, in advance; provided, however, that no license shall be required of any public service company or Village employee doing such work in the pursuit of their public service endeavors. Before any license shall be issued, each applicant shall first file evidence of possession of liability insurance in the minimum amounts of $50,000 for bodily injury and $100,000 property damage indemnifying the Village or any person injured or damaged resulting from the pursuit of such endeavors as herein described.
The Village Board of Trustees shall have the right to review the conduct, acts and decisions of the Village Tree Commission. Any person may appeal from any ruling or order of the Village Tree Commission to the Village Board of Trustees who may hear the matter and make final decision.