This chapter shall be known as the "Municipal Tree Law of the
Village of Liberty."
For the purposes of this chapter, the following terms shall
have the meanings given herein:
PARK
Includes any public park having an individual name.
PROPERTY OWNER
The person owning such property as shown by the Tax Map of
the Village of Liberty, New York.
PUBLIC TREES
All trees now or hereafter growing in any street, park or
any other public place.
TREE
All trees and shrubs.
TREE LAWN
That part of the street or highway, not covered by sidewalk
or other paving, lying between the property line and that portion
of the street or highway usually used for vehicular traffic.
TREE PROTECTION ZONE
All streets, parks and other Village-owned property, and
all land within any right-of-way of any street and highway.
TREE REMOVAL
Any act which will cause a tree to die within a three-year
period.
No person shall trim, spray, maintain, plant, remove or otherwise
disturb trees in public places without first filing an application
and procuring a permit from the Village Board or its designee. The
application shall be on a form designated by the Village Board and/or
its designee and shall contain such information and data as deemed
reasonably necessary to a fair determination of whether a permit should
be issued. The Village Board and/or its designee shall issue the permit
provided for herein if, in its judgment, the proposed work is necessary
and desirable and the proposed method and workmanship are satisfactory
(there shall be no fee assessed for such permits).
In case of officially declared emergencies, such as windstorms, ice storms or other disasters, the requirements of §
76-6 shall be waived so that the requirements of this chapter would in no way hinder private or public work to restore order in the municipality. This work shall follow maintenance standards as outlined by the Village Board and/or its designee.
Any person violating or failing to comply with the provisions
of this chapter shall be subject to a civil penalty not to exceed
$250. The penalty may be collected by the Village Board and/or its
designee by action against the responsible person commenced by the
Corporation Counsel of the Village. For the purpose of this chapter,
each tree affected by noncompliance with the provision of this chapter
shall constitute a separate violation.