[HISTORY: Adopted by the Board of Trustees of the Village of Delhi 4-2-1984 by L.L. No. 2-1984 (Ch. 37, Art. VIII, of the 1979 Code). Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Shade Tree Local Law of the Village of Delhi, County of Delaware."
For the purpose of this chapter the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular and words in the singular include the plural. The word "shall" is mandatory and not merely directory.
- Includes all public parks.
- PROPERTY OWNER
- The person owning such property as shown by the County Map of the Village of Delhi.
- PUBLIC PLACES
- Includes all other grounds owned by the Village of Delhi, County of Delaware.
- STREET or HIGHWAY
- The entire width of every public way or right-of-way when any part thereof is open to the use of the public, as a matter of right, for purposes of vehicular and pedestrian traffic.
- TREE LAWN
- That part adjacent to a street or highway, not covered by sidewalks or other paving, lying between the property line and that portion of the street or highway usually used for vehicular traffic.
- The Village of Delhi.
Establishment; membership; terms.
There shall be created a commission to be known and designated as the "Shade Tree Commission." The Commission shall consist of five members, all of whom shall be residents of the Village. All will serve without compensation.
The Superintendent of Public Works of the Village shall be a member and shall serve for the duration of his employment. The remaining four members shall initially be appointed as follows: one for two years; one for three years; one for four years; and one for a five-year term. Thereafter, appointment shall be for five years.
On the expiration of the term of any Commissioner or to fill vacancies, a successor shall be appointed by the Mayor of the Village of Delhi, to serve for the unexpired term.
The duties of the Shade Tree Commission shall be as follows:
General powers. The Commission shall have exclusive custody and control of the shade trees in the Village and is authorized to plant, remove, maintain and protect shade trees on the public streets and property within the Village.
Specific duties include, but are not limited to:
Studying the problems and determining the needs of the Village in connection with its tree planting program.
Recommending to the proper authority the type and kind of trees to be planted upon such Village streets or parts of Village streets or in parks as is designated.
Assisting the Village governing body and citizens of the Village in the dissemination of news and information regarding the selection, planting and maintenance of trees within the Village limits, and making recommendations to the Village governing body as to desirable legislation concerning the tree program.
Within a reasonable time after the appointment of said Commission and the approval of the members thereof, upon call of the Village governing body, said Commission shall meet and organize by the election of a Chairman. The said Commission shall then provide for the adoption of rules and procedures and for the holding of regular and special meetings as said Commission shall deem advisable and necessary in order to perform the duties set forth.
No planting, maintenance or removal of a tree on Village property or on a tree lawn shall be undertaken without a written permit from the Shade Tree Commission.
Planting. The person or persons applying for a permit shall state the number of trees to be set out; the location, species or variety of each tree; the method of planting; and such other information as the Shade Tree Commission shall find reasonably necessary to a fair determination of whether a permit should be issued.
Maintenance and application information; application data. The application required herein shall state the number of trees to be sprayed, fertilized, pruned or otherwise preserved; the kind of treatment to be administered; the composition of the spray material to be applied; and such other information as the Shade Tree Commission shall find reasonable and necessary to a fair determination of whether a permit should be issued.
Removal, replanting and replacement.
Wherever it is necessary to remove a tree or trees from a tree lawn in connection with the paving of sidewalk or the paving or widening of the portion of a street or highway used for vehicular traffic, the Village shall replant such trees or replace them. Provided that conditions prevent planting on tree lawns, this requirement will be satisfied if any equivalent number of trees of the same size and species as provided for in the Arboricultural Specifications are planted in an attractive manner on the adjoining property.
No person or property owner shall remove a tree from the tree lawn for the purpose of construction or for any other reason without first receiving permission from the Shade Tree Commission and without replacing the removed tree or trees in accordance with the adopted Arboricultural Specifications. Such replacement shall meet the standards of size, species and placement as set by the Shade Tree Commission. The person or property owner shall bear the cost of removal and replacement of all trees removed.
Notice of completion of the above work shall be given to the Shade Tree Commission so a final inspection may be made.
Unless specifically authorized by the Shade Tree Commission, no person shall intentionally damage, cut, carve, transplant or remove any tree; attach any rope, wire, nails, advertising posters or other contrivance to any tree; allow any gaseous, liquid or solid substance which is harmful to such trees to come in contact with them; or set fire or permit any fire to burn when such fire or the heat thereof will injure any portion of any tree.
No person, firm or corporation shall hinder, prevent, delay or interfere with the Shade Tree Commission or any of its assistants while engaged in carrying out the execution or enforcement of this chapter or duly adopted regulations; provided, however, that nothing herein shall be construed as an attempt to prohibit the pursuit of any remedy, legal or equitable, in any court of competent jurisdiction for the protection of property rights by the owner of any property within the municipality.
All trees on any street or other publicly owned property near any excavation or construction of any building, structure or street work shall be guarded with a good substantial fence, frame or box not less than four feet high and eight feet square, or at a distance in feet from the tree equal to the diameter of the trunk in inches, diameter at breast height, whichever is greater, and all building material, dirt or other debris shall be kept outside the barrier.
No person shall excavate any ditches, tunnels or trenches or lay any driveway within a radius of 10 feet from any public tree without first obtaining a written permit from the Shade Tree Commission.
No person shall deposit, place, store or maintain upon any public place of the municipality any stone, brick, sand, concrete or other materials which may impede the free passage of water, air and fertilizer to the roots of any tree growing therein, except by written permit of the Shade Tree Commission.
Any person, firm or corporation violating or failing to comply with any of the provisions of this chapter shall be subject to a fine of not more than $250, to imprisonment for not more than 15 days, or both.
Any person, firm or corporation aggrieved by decision of the Shade Tree Commission shall have 30 days from the date of that decision to appeal to the Board of Trustees of the Village of Delhi.
The Board of Trustees, within 30 days of the receipt of such an appeal, shall render a decision either affirming, modifying or reversing such decision of the Shade Tree Commission.