[HISTORY: Adopted by the Board of Trustees of the Village of Fairport 3-10-2003 by L.L. No. 2-2003 (Ch. 49A of the 1968 Code). Amendments noted where applicable.]
This chapter shall be entitled "Tree Law for the Village of Fairport, New York."
[Amended 5-10-2010 by L.L. No. 1-2010]
This chapter is enacted to protect and promote the health, safety and welfare of the inhabitants of the Village of Fairport by providing for the regulation of the planting, maintenance and removal of trees, shrubs and other plants on Village-owned land within the Village of Fairport.
As used in this chapter, the following definitions shall apply:
- ARBORICULTURAL SPECIFICATION AND STANDARDS OF PRACTICE
- Detailed specifications and standards of practice regarding such arboricultural activities as planting site and tree selection, site preparation and tree planting, maintenance, removal, replanting and replacement.
- DPW FOREMAN
- The Department of Public Works Foreman of the Village of Fairport.
- MASTER TREE LIST
- A listing of suitable and desirable types and species of trees able to thrive on Village streets and public places in the Village.
- Any person, firm, partnership, association, corporation, company, or an organization of any kind, including public or private.
- PUBLIC PLACE
- All grounds owned by the Village of Fairport, or under its control or supervision, whether or not leased or under contract to the Village.
- PUBLIC TREE
- Any tree now or hereafter growing within the boundaries of
a Village right-of-way or public place.[Amended 5-10-2010 by L.L. No. 1-2010]
- The entire width of every public street or right-of-way when any part thereof is open to the use of the public for purposes of vehicular or pedestrian traffic.
- TREE BOARD
- The Tree Board for the Village of Fairport created by this chapter.
- TREE LAWN
- That part of a street not covered by the sidewalk or other pavement lying between a property boundary line and that portion of the street usually used for vehicular traffic.
- TREE MANAGEMENT PLAN
- An annual written review and description of Village tree goals, objectives and such related activities as updating the arboricultural specification and standards of practice, conducting street tree inventories, planting trees and sponsoring educational programs for the public.
- The Village of Fairport, New York.
- VILLAGE BOARD
- The Board of Trustees for the Village of Fairport.
- A person under the age of 18 years.
- YOUTH ADVISORY COUNCIL
- The Youth Advisory Council for the Village of Fairport, appointed by the Mayor of the Village of Fairport.
There is hereby created a Tree Board which shall consist of five members, and two alternates, who shall be appointed by the Mayor, subject to approval of the Village Board. In addition, a member of the Village Youth Advisory Council may be appointed by the Mayor to serve on the Tree Board as a participating, but nonvoting, member of the Board. All members shall be residents of the Village. Members of the Board shall serve without compensation. To the extent possible, at least one member of the Board shall be one who is professionally trained in a field such as forestry, botany, horticulture or landscape architecture. The term of each member shall be five years; provided, however, that the terms of members first appointed shall be so fixed that the term of one member shall expire at the end of the Village official year in which such member was initially appointed. The terms of the remaining members first appointed shall be so fixed that one term shall expire at the end of each official year thereafter. At the expiration of the term of each member first appointed, his or her successor shall be appointed for a term of five years. If a vacancy shall occur during the term of a member, his or her successor shall be appointed to complete the unexpired portion of the term in which the vacancy occurred. The Mayor shall have the power to remove, after public hearing, any member of the Board for cause.
[Amended 1-13-2020 by L.L. No. 2-2020]
The Village Board is authorized and empowered to make such appropriation as it may deem fit for Tree Board expenses.
The members of the Tree Board shall annually elect a Chairperson of the Board and a Secretary for the Board, each to serve for one year:
The Tree Board shall be authorized to:
Coordinate, recommend and implement the care, maintenance and planting of all public trees;
Develop a comprehensive tree plan for the Village, including, but not limited to, developing and recommending an annual written Village tree plan; and
Provide advice and consultation regarding trees to the Village Board, Village employees and private citizens residing in the Village of Fairport.
The Tree Board shall adopt rules and regulations concerning its governance and operation. A majority of the members of the Board shall constitute a quorum thereof for conducting business.
No tree, shrub or other vegetation, other than grass, shall be planted or removed from any tree lawn or public place within the Village, except in an emergency in which personal injury or property damage is imminent, without the approval of the Tree Board and the DPW Foreman as provided in this chapter.
The Board shall develop and submit an annual tree plan to the Village Board. The plan, after adoption by the Village Board, shall constitute the tree plan for the Village and shall be administered by the Board. The Village tree plan shall define the annual goals and objectives of the Village tree program and shall include:
An owner of private property adjoining a Village street may locate and plant a tree, trees or other plantings in the tree lawn, at his or her own expense, with the written approval of the Tree Board and the DPW Foreman. Approval shall be granted if the proposed planting is in accordance with the arboricultural specifications and standards included in the Village tree plan and if the tree, trees or other plantings to be planted is/are selected from the master tree list. The DPW Foreman shall authorize the approved planting in writing and shall approve a map or diagram showing the location of the tree planting. Any tree, trees or other plantings so planted shall become a Village tree or planting and shall be added to the Village street tree inventory.
An owner of private property adjoining a Village street may request location and planting of a tree, trees or other plantings in the tree lawn adjacent to his or her property by submitting such request in writing to the DPW Foreman. The DPW Foreman shall refer the request to the Tree Board for its consideration and recommendation. The Board shall give written notice of its action to the DPW Foreman and the applicant. If the Board shall approve the application, any tree, trees or other plantings to be planted as a result thereof shall be planted by the Village and at the Village's expense.
All work on the Village public trees shall be performed in accordance with the arboricultural specifications and standards included in the Village tree plan.
The DPW Foreman shall assure that all public trees are properly cared for and maintained in accordance with the guidelines of the tree plan. No person other than the DPW Foreman, or his duly authorized deputy, agent or employee, shall fertilize, spray, cable or brace, trim, prune, cut above ground or below ground or otherwise disturb any public tree.
The DPW Foreman, with prior agreement of the Village Tree Board, shall treat or remove any public trees that are dead, diseased or constitute a hazard to life or property. No person, other than the DPW Foreman, or his duly authorized deputy, agent or employee, shall prune, cut down, remove or destroy any tree standing or lying on land within the boundaries of any Village street or public place of the Village unless authorized by the DPW Foreman. All removal work shall be performed in accordance with the arboricultural specifications and standards of practice contained in the Village tree plan.
The Village shall replant or replace any public tree that it removes, wherever practical and within fiscal constraints.
The DPW Foreman shall provide and require that Village public trees which are removed shall be replanted or replaced in accordance with the arboricultural specifications and standards of practice contained in the Village tree plan and that all replacement trees are selected from the master tree list. If conditions prevent planting at the removal site, a tree removed from the tree lawn may be replanted or replaced at an alternative site in the same area.
Any person violating this chapter shall, upon conviction thereof, be guilty of a violation and shall be fined not more than $250 or imprisoned for not more than 15 days, or by both such fine and imprisonment. Each tree or planting affected by noncompliance shall constitute a separate violation. In lieu of, or in addition to, any fine or imprisonment or both imposed for a conviction of a violation of this chapter, each violation may be subject to a civil penalty not exceeding $500. Each day a violation continues shall be subject to a separate civil penalty. In addition to such civil penalty, payment to the Village of the value of any tree or planting damaged, destroyed or removed in violation of this chapter shall be awarded in the amount equal to the value of said tree or trees.
This chapter shall supplant and supersede any provision of law in the Fairport Village Code which is conflict with or is inconsistent with this chapter, unless expressly otherwise provided in such other law.