As used in this chapter, the following terms shall have the
meanings indicated:
ABUTTER
One whose property touches or adjoins along a border, or
with a projecting part, the property of another.
BUILDING DEPARTMENT
The designated agency of the Village of Medina under whose
jurisdiction the trees, shrubs, bushes and all other woody plants
fall.
DRIPLINE
The area directly below the canopy of the tree out from the
trunk to the greatest extent of the branches.
EVIDENCE OF TREE DECLINE
Including but not restricted to: large areas of dieback of
canopy, and poor live crown ratio (e.g., less than 30%), dead and
decaying wood in trunk, sparse live canopy, substantial epicormic
growth on branches and trunk, substantial insect attack, multiple
areas of wood decay lesions in branches and trunk.
LARGE TREES
Those species which habitually or at maturity attain a height
of 45 feet or more.
MEDIUM TREES
Those species which habitually or at maturity attain a height
of 30 to 45 feet.
NOTICE
A written or verbal announcement as given by authority of
the Village.
PERSON
Any individual, firm, partnership, association, corporation,
company, organization, or entity of any kind.
PROPERTY OWNER
The person owning such property as shown by the Tax Assessor's
records, Village of Medina, unless proof to the contrary is available.
PUBLIC HAZARD
A condition of any tree, shrub, bush or other woody plant,
or any substantial portion of a tree, shrub, bush or woody plant,
which constitutes a hazard to life and property or harbors insects
or disease which constitutes a potential threat to other trees, shrubs,
bushes or woody plants within the Village.
PUBLIC PROPERTY
All property owned, leased, or occupied by the Village of
Medina or any of its administrative agencies or departments.
PUBLIC RIGHT-OF-WAY
The entire width between the dedicated boundaries of all
public streets, roads, boulevards, alleys, and includes all sidewalks
and public parking strips located within any such boundaries.
PUBLIC TREES
All trees, shrubs, bushes, and woody vegetation on public
property, including Village parks and rights-of-way.
SMALL TREES
Those species which habitually or at maturity attain a height
of 30 feet or less. Such trees shall be planted where three-phase
and single-phase electrical wires exist.
STREET or HIGHWAY
The entire width of every public way or right-of-way when
part thereof is open to the use of the public, as a matter of right,
for the purposes of vehicular or pedestrian traffic.
STREET TREES
Trees, shrubs, bushes, and all other woody vegetation on
land lying within public right-of-way of all streets, avenues, or
ways or public property within the Village.
SUBSTANTIAL EVIDENCE OF TREE HAZARD AND DECLINE
Including but not restricted to: obvious instability of root
plate, such as evidence of soil heave, loss of structural roots, root
decay, poor structural integrity of trunk due to significant wood
decay, large cavities, internal cracking, poor large branch attachments
such as severe bark inclusions, poor attachment of regrowth after
lopping/storm damage.
TOPPING
The severe cutting back of limbs to stubs larger than three
inches in diameter within a tree's crown to such a degree as to remove
the normal canopy and disfigure the tree.
WOODY VEGETATION
Trees, shrubs, plants and any other vegetation with a woody
stem.
[Amended 8-23-2021 by L.L. No. 4-2021]
There is hereby created and established a Village Tree Board
for the Village of Medina, which shall consist of five members, citizens
and residents of this Village, who shall be appointed by the Mayor
with the approval of the Board of Trustees. The members shall be of
voting age and residents of the Village, with the Building Department
Code Enforcement Officer and the Superintendent of Public Works serving
as ex officio members.
A. The Mayor, with approval of the Board of Trustees, may also appoint
and/or remove a Municipal Forestry Coordinator as an ex officio member
of the Tree Board.
B. The Municipal Forestry Coordinator shall possess credentials in urban
forestry, urban arboriculture or like experience in municipal forestry.
C. The Municipal Forestry Coordinator shall serve for a term of five
years, unless removed prior to the term expiration.
D. Responsibilities of Municipal Forestry Coordinator.
(1) Shall be responsible for ensuring the Municipal Tree Board is in
compliance of local law and sound urban forestry practice in development
of tree-related plans, planting and policies, and in all tree-related
activities.
(2) Shall provide education and assistance for the Municipal Tree Board
in carrying out its duties.
(3) Shall advise, recommend courses of action in management and care
for Village trees in conjunction with the Superintendent of Public
Works.
(4) Shall develop tree-related plans for planting sites, determine and
procure suitable and appropriate tree species and plant material for
Village use and specific applications, assist with implementation
and execution of planting, tree-related inspections, pruning, removal
of Village trees and all other tree-related activities in conjunction
with the Superintendent of Public Works.
(5) Shall provide review and recommendations on behalf of the Municipal
Tree Board for landscape plans submitted to the Tree Board by the
Municipal Planning Board as part of a site plan review.
The term of the five persons to be appointed by the Mayor shall
be three years, except that the term of two of the members appointed
to the first Board shall be for only one year and the term of two
members of the first Board 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 Board shall serve without compensation.
The spacing of street trees will be in accordance with the three species size classes listed in §
230-10 of this chapter, and no trees may be planted closer together than those as determined by accepted allowable industry standards, or spacing requirements dictated by the species of the tree to be planted, except in special plantings approved by the Tree Board and/or designed or approved by a landscape architect or arborist.
The distance trees may be planted from curbs or curb lines and sidewalks will be in accordance with the three species size classes listed in §
230-10 of this chapter, and no trees may be planted closer to any curb or sidewalk than is advisable for the healthy development of root structure and preservation of surrounding infrastructure.
No street tree shall be planted so as to obstruct the sight
lines of vehicular traffic at any intersection or corner. No street
tree shall be planted within 10 feet of any fireplug.
No street trees other than those species accepted as small trees
by the Village Tree Board may be planted under or within 10 feet of
any overhead three-phase or single-phase electric utility wire, and/or
a distance determined to be satisfactory by the utility company (NationalGrid)
forester/aborist.
All tree pruning on public property shall confirm to the ANSI
A300 standards for tree care operations and be done by the Municipal
Tree Board, Superintendent of Public Works and/or his designee.
It shall be unlawful as a normal practice for any person, firm
or Village department to top any street tree, park tree or other tree
on public property. "Topping" is defined as the severe cutting back
of limbs to stubs larger than three inches in diameter within the
tree's crown to such a degree so as to remove the normal canopy and
disfigure the tree. Crown reduction by a qualified arborist/forester
may be substituted, where appropriate. Trees severely damaged by storms
or other causes, or certain trees under utility wires or other obstructions
where other pruning practices are impractical, may be exempted from
this chapter at the determination of the Village Tree Board and/or
Superintendent of Public Works.
All stumps of street and park trees shall be removed a minimum
of four inches below the surface of the ground so that the top of
the stump shall not project above the surface of the ground.
No person shall deposit, place, store, or maintain upon any
public place of the municipality any stone, brick, sand, wood, steel,
concrete, asphalt products or other materials which may impede the
free passage of water, air or fertilizer to the roots of any tree
growing therein, except by written permit of the Code Enforcement
Officer.
Under no circumstance shall any person cut, carve, transplant,
top, or remove otherwise injure, or injure with intent to harm any
public tree; attach any rope, wire, nails, advertising posters, or
other contrivance to any such tree; allow any gaseous, liquid or solid
substance which is harmful to trees to come in contact with them;
or to set fire or permit any fire to burn when such fire or the heat
thereof will injure any portion of any tree.
It shall be unlawful for any person to prevent, delay or interfere
with the Village Tree Board or any of its agents while engaging in
and about the planting, cultivating, mulching, pruning, spraying,
or removing of any street trees, park trees, or trees on private grounds
as authorized in this chapter.