[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.]
GENERAL REFERENCES
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:
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.
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.
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.
A.
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.
B.
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.
C.
Members of the Committee shall serve without compensation.
A.
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.
B.
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.
C.
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.
A.
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:
B.
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.
A.
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.
B.
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.
