[HISTORY: Adopted by the Board of Trustees of the Village of Hammondsport 3-12-1991 as L.L. No. 1-1991. Amendments noted where applicable.]
Streets and sidewalks — See Ch. 102.
This chapter shall be known as "Local Law No. 1 of the year 1991 of the Village of Hammondsport," and such legislation establishes a Shade Tree Committee.
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 of Hammondsport or to which the public has free access as a park.
- STREET TREES
- Trees, shrubs, bushes and all other woody vegetation on land lying within the street right-of-way of all streets, avenues or ways within the village.
- TREE LAWN AREA
- That area lying between the outboard edge of the sidewalk and the inboard edge of the street curb. In the absence of a curb, the inboard edge shall be separately established for each such area.
There is hereby created and established a Village Shade Tree Committee for the Village of Hammondsport, New York, which shall consist of nine members, who shall be appointed by the Mayor with the approval of the Board of Trustees, plus ex officio members consisting of a Trustee liaison, the Department of Public Works Superintendent and a member of the Beautification Committee.
The terms of the nine persons to be appointed by the Mayor shall be three years, except that the terms of three of the members appointed to the first committee shall be for only one year and the terms of three other members of the first committee shall be for two years.
In the event that a vacancy shall occur during the term of any member, his/her successor shall be appointed for the unexpired portion of the term.
Members of the Committee shall serve without compensation.
It shall be the responsibility of the Committee to study, investigate, counsel and develop and/or update annually 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 Board of Trustees and, upon its acceptance and approval, shall constitute the official comprehensive Village Tree Plan for the Village of Hammondsport, New York.
The Board of Trustees may make changes in the plan, as they deem necessary, either before approving or during the year, whenever the Board believes such changes are in the best interests of the village.
The Committee, when requested by the Board of Trustees, shall consider, investigate, make findings, report and recommend upon any special matter or question coming within the scope of its work.
The Committee shall choose its own officers, establish its own procedural guidelines and keep a journal of its proceedings. A majority of the members shall constitute a quorum for the transaction of business.
Species to be planted shall be selected from a recommended list provided annually by the Committee and approved by the Village Board.
The spacing of street trees will be in accordance with the recommendations provided by the Shade Tree Committee.
The distance trees may be planted from curbs or curblines and sidewalks will be in accordance with the three species size classes, and no trees may be planted closer to any curb or sidewalk than the following:
The village, however, shall have the right, at any time, to plant trees between the curb and sidewalk.
No street tree shall be planted closer than 35 feet to any street corner, measured from the point of the nearest intersecting curbs or curblines. No street tree shall be planted closer than 10 feet to any hydrant.
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 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, waterlines or other public improvements or is affected by any injurious fungus, insect or other pest.
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 hazard to the safety of the public. The village shall have the right to prune or remove 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 the park and street 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 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 a permit. The permit shall be issued prior to the commencement of the work; provided, however, that no permit shall be required of any public service company or village employee doing such work in the pursuit of his public service endeavors. Before any permit shall be issued, each applicant shall first file evidence of possession of liability insurance in the minimum amounts for bodily injury and property damage prescribed by the village and indemnifying the village for any person injured or damaged as a result of the pursuit of such endeavors as herein described.
An infraction of this chapter is a violation punishable by a fine not exceeding $250 or by imprisonment for not more than 15 days, or both such fine and imprisonment. The infraction of this chapter shall be deemed a violation. Each week the violation continues shall be deemed to be a separate and distinct violation.