[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:
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.
The Department of Public Works Foreman of the Village of
Fairport.
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.
All grounds owned by the Village of Fairport, or under its
control or supervision, whether or not leased or under contract to
the Village.
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.
The Tree Board for the Village of Fairport created by this
chapter.
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.
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.
The Board of Trustees for the Village of Fairport.
A person under the age of 18 years.
The Youth Advisory Council for the Village of Fairport, appointed
by the Mayor of the Village of Fairport.
A.
There is hereby created a Tree Board which shall consist
of five members, and three 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; 6-13-2022 by L.L. No. 4-2022]
B.
The Village Board is authorized and empowered to make
such appropriation as it may deem fit for Tree Board expenses.
C.
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.
D.
The Tree Board shall be authorized to:
(1)
Coordinate, recommend and implement the care, maintenance
and planting of all public trees;
(2)
Develop a comprehensive tree plan for the Village,
including, but not limited to, developing and recommending an annual
written Village tree plan; and
(3)
Provide advice and consultation regarding trees to
the Village Board, Village employees and private citizens residing
in the Village of Fairport.
E.
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.
A.
All work on the Village public trees shall be performed
in accordance with the arboricultural specifications and standards
included in the Village tree plan.
B.
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.
A.
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.[1]
B.
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.