For the purpose of this chapter, the following words and terms
shall be defined as follows, unless otherwise expressly provided:
CODE
The Code of the Village of Brockport.
CODE ENFORCEMENT INSPECTOR
Includes the Code Enforcement Officer and all inspectors
employed by the Village of Brockport who are certified by the State
of New York either in the capacity of code enforcement officer, building
inspector or fire marshal, and/or titled as assistant code enforcement
officer, assistant building inspector, deputy fire marshal, or any
combination thereof.
CODE ENFORCEMENT OFFICER
An officer employed by the Village of Brockport who is certified
by the State of New York either in the capacity of code enforcement
officer, building inspector, fire marshal, planning/zoning officer,
peace officer, stormwater manager, floodplain administrator, or any
combination thereof.
COMPREHENSIVE TREE PLAN
A framework for public tree management that includes an inventory
of existing trees; identification of planting sites; a prioritized
planting plan; and standards for tree selection, sitting, and planting.
DPW
The Department of Public Works of the Village of Brockport.
INVASIVE SPECIES
A non-native plant species that adversely affects the habitats
they invade economically, environmentally or ecologically and listed
in either the federal or New York State Invasive Plant Inventory,
www.dec.ny.gov/animals/265html; www.nyis.info
MASTER TREE LIST
A.
A compilation of suitable and desirable types and species of
trees able to thrive on Village streets and public places within the
Village. The master tree list is housed at the Village office and
is drawn from:
(1)
Recommendations from the Tree Inventory Report;
(2)
National Grid's "Recommended Small Trees for Planting Under
Low Overhead Utility Lines or Confined Spaces" (http://www.nationalgridus.com/non_html/shared_
safety_tree.pdf); and
(3)
Cornell University's "Recommended Urban Trees for USDA
Plant Hardiness Zone 6 and Colder" (http://www.hort.cornell.edu/uhi/outreach/recurbtree/index.html).
B.
The master tree list also includes a list of trees that should
not be planted either because they are inappropriate street trees
or because the Village currently has an excessive number of that species
of trees.
PERSON
Any person, firm, partnership, association, corporation,
company, or an organization of any kind, including public or private.
PUBLIC PARKS
Public places within the Village of Brockport officially
designated as public parks.
PUBLIC PLACE
All grounds owned by the Village of Brockport or under its
control or supervision, whether leased or under contract to the Village.
PUBLIC TREE
Any tree growing within the boundaries of a public street
or public place.
RIGHT-OF-WAY (R.O.W.)
An area of public land, which may or may not be owned by
the Village of Brockport, over which facilities such as highways,
sidewalks or the locations of utility lines are built. This land may
include an area between a public sidewalk and a street, which can
be commonly referred to as the "tree lawn."
STREET
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.
SUPERINTENDENT
The department head of the Department of Public Works of
the Village of Brockport as employed by the Village of Brockport,
who is responsible for Village of Brockport property, streets and
roads, rights-of-way and public facilities and certain services.
TREE BOARD
The Tree Board for the Village of Brockport.
TREE BOARD ANNUAL REPORT
An annual written report to the Village Board covering the
actions and goals relating to the Village's public trees and
including such activities as street tree inventories, tree plantings
and removals, and educational programs for the public.
TREE INVENTORY REPORT
A scientific inventory of Brockport's street and park
trees, completed in August 2006, listing species and variety, condition
and maintenance needs. The report identifies scores of trees, tree
component(s) and vacant tree spaces.
TREE LAWN
That part of a right-of-way or highway reservation 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.
VILLAGE BOARD
The Board of Trustees for the Village of Brockport.
Where sidewalk or curb damage due to tree roots occurs, every
reasonable effort shall be made to correct the problem without removing
or damaging the tree. The Superintendent shall be responsible for
developing or approving corrective measures.
Communication between the DPW and the Tree Board regarding any
operations that affect Village trees is essential to the long-term
management of the Village's trees. This includes but is not limited
to notification of tree pruning, removals, requests for plantings,
utility company activities relating to trees, and Arbor Day and other
educational tree programs.
All new development, including but not limited to residential,
commercial, industrial and parking lots, will have appropriate trees
planted at the customary density in effect for Village street trees.
A. Landscaping plans submitted by developers must include the planting
of street trees and, if appropriate, park trees that are in compliance
with the Tree Board's master tree list in terms of size, species
and density.
B. The developer assumes the responsibility of tree planting and all
irrigation and maintenance for a one-year period from the time of
planting and for the replacement of any trees that may die during
this period.
C. Approval by the Village of Brockport Planning Board for new developments
is contingent upon submission of a tree planting plan approved by
the Tree Board.
Pursuant to §
46-9, for the protection of trees, setting standards and limits in areas where land use is intensified, developers shall seek the advice of the Tree Board for planting recommendations.
It is a violation of the provisions of this chapter for any
person to damage, abuse, mutilate or destroy any tree(s), plant(s)
or shrub(s) on public lands. This includes posting signs or handbills
on trees or allowing any gaseous, liquid or solid substance harmful
to trees, shrubs or plants to come into contact with their roots,
trunks or leaves, except during application(s) of substances in the
performance of the normal maintenance of streets, roads, sidewalks,
tree lawns or driveways as performed on behalf of the Village by the
Superintendent.
The Village of Brockport Police Department and/or the Code Enforcement Officer are the official(s) authorized to enforce the provisions of this chapter by removal, notice, ticketing, etc., or such other enforcement procedure means and methods set forth in the Code, including but not limited to under Chapter
59 thereof, or as otherwise permitted by law.
The Superintendent shall review and investigate complaints which
allege or assert the existence of conditions or activities that fail
to comply with this chapter or any other local law or ordinance or
regulation adopted for administration and enforcement of the Tree
Ordinance. The process for responding to a complaint shall include
the following steps, as the Superintendent, at his discretion, may
deem to be appropriate:
A. Performing an inspection of the conditions and/or activities alleged
to be in violation and documenting the results of such inspection.
B. Utilizing the Village of Brockport police and/or the Code Enforcement
Officer to carry out enforcement proceedings as deemed appropriate
in violations of this chapter or law(s) of the Village of Brockport.
Violation(s) of any provision of this chapter shall be an offense,
punishable by a fine not to exceed $350 for each offense. In the case
of a violation consisting of the abuse, damage, mutilation or destruction
of more than one tree, shrub or plant on public lands, the damage,
mutilation, abuse of, or destruction of each tree, shrub or plant
shall be a separate offense. Nothing in this section shall limit the
right of the Village of Brockport to pursue any remedy available to
it pursuant to § 861 of the New York Real Property Actions
and Proceedings Law, Subdivision 2 of § 382 of the Executive
Law of New York State, or as otherwise permitted by law.