[HISTORY: Adopted by the Board of Trustees
of the Village of Waterloo 2-9-2004 by L.L. No. 2-2004. Amendments noted where
applicable.]
This chapter shall be known as the "Tree Protection
and Enhancement Law of the Village of Waterloo, New York."
The purposes of this chapter are to improve
the physical and aesthetic environment of the Village and protect
the health, safety and welfare of its inhabitants by establishing
and maintaining the maximum sustainable number of tree cover on public
and private lands through good horticulture practices consisting of
an appropriate diversity of tree species and age classes in order
to provide a stable and sustainable urban forest.
As used in this chapter, the following terms
shall have the meanings indicated:
The entity that owns private property bordering a public
street.
The Tree Commission of the Village of Waterloo.
Trees, shrubs, bushes and all other woody vegetation situate
on all lands owned by the Village on and to which the public has free
access as a park.
Trees, shrubs, bushes and all other woody vegetation situate
on lands located between the boundaries of adjacent property owners
on both sides of the street.
Trees, shrubs, bushes and all other woody vegetation, whether
situate on public or private lands.
A Tree Commission is hereby established and
shall consist of five members who shall represent diverse interest
groups (including but not limited to homeowners, tree professionals
and Village officials) and who shall be appointed by the Mayor subject
to approval of the Board of Trustees and who shall be subject to removal
by the Board of Trustees, for cause, after a public hearing.
Of the members first appointed to the Tree Commission,
one shall hold office for a term of one year, one for a term of two
years, one for a term of three years, one for a term of four years
and one for a term of five years from and after the date of appointment.
Their successors shall be appointed for not to exceed three five-year
terms. If a vacancy shall occur otherwise than by expiration of term,
it shall be filled by appointment for the unexpired term.
The Commission shall elect one of its members
Chairperson thereof and one of its members Secretary thereof who shall
keep minutes of the proceedings of the Commission. The Commission
may adopt rules and regulations in respect to procedure before it
and in respect to any subject matter over which it has jurisdiction
after a public hearing and subject to the approval of the Board of
Trustees.
A.
The Commission shall make and maintain a list of desirable
species and sizes of street and park trees. Trees shall be classified
as small (under 25 feet), medium (between 25 and 45 feet) and large
(over 45 feet) based on the mature height of such trees. The Commission
shall also make and maintain a list of undesirable street and park
trees.
B.
Except in special plantings designed by or approved
by a landscape architect or other approved specialist, small trees
shall be planted not less than 15 feet apart, medium trees shall be
planted not less than 25 feet apart and large trees shall be planted
not less than 35 feet apart. Small trees shall be planted no closer
than two feet to any street curbline and medium and large trees shall
not be planted closer than three feet to any street curbline.
C.
No street tree shall be planted less than 35 feet
from the intersection of street curblines (corners), less than 10
feet from any fire hydrant, or less than 10 feet from or under any
overhead utility except small trees.
D.
The foregoing shall not prohibit the planting of street
trees by adjacent property owners, providing the selection and location
of said trees conform to this section and are approved by the Commission.
A.
The Village shall be responsible for the protection
and care of street and park trees, including, but not limited to,
pruning, trimming, shaping, topping, replacing, crown reduction and
removal (including stump removal, which shall be removed below the
surface of the surrounding ground and the hole created by removal
shall be covered with top soil compacted to ensure a level surface
which shall be covered with turf grass and mulch). No person, firm
or corporation shall perform any of the foregoing without the prior
written consent of the Village.
B.
Street and park trees removed by the Village shall
be replaced on a one-for-one basis within one year from the date of
such removal. The location and species of replacement of such trees
shall be upon recommendation of the Commission.
C.
Street and park trees shall be protected from damage
above or below ground caused by construction. The zone of protection
shall be under the canopy of the tree. Protection shall consist of
a barrier such as a substantial fence, frame or box not less than
four feet high and eight feet square. All building materials, dirt
or other debris shall be kept outside the barrier.
D.
No person shall excavate any ditch, tunnel or trench
or lay any driveway with a radius of 10 feet from any street or park
tree without first obtaining a written permit from the Commission.
E.
No person, firm or corporation shall mutilate, vandalize,
carve, remove or otherwise damage any street or park tree.
A.
For the purposes of this chapter, dead, insect-infested or diseased trees, or any parts thereof, situate on private property that constitute a hazard to life, property or other trees shall be considered brush, grass, or weeds and shall be subject to the provisions of § 178-5 of the Code of the Village of Waterloo.
B.
Adjacent property owners shall trim, prune and maintain
trees located on such property in such a manner that the branches
thereof do not severely obstruct the light from any street lamp, obstruct
the view of any street intersection, and are not less than 13 feet
above the surface of any street or less than eight feet from the surface
of any sidewalk.
Any person who hinders or interferes with the
exercise of the activities of the Commission or persons acting on
behalf of the Commission shall be considered obstructing governmental
administration.
Any person aggrieved by a decision, act, ruling,
or order of the Commission may appeal such to the Village Planning
Board, which is hereby granted the authority to review the same, to
conduct a hearing and to affirm, modify or nullify the same.
A violation of this chapter shall be a violation
punishable by a fine of not more than $250 or 15 days in jail, or
both, and as part of any sentence the court shall required the violator
to make restitution to the Village for any damages caused by said
violation in an amount not to exceed $1,000.
