[HISTORY: Adopted by the Board of Trustees of the Village
of Solvay 2-27-2024 by L.L. No. 1-2024.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 147,
Trees and Shrubs, adopted as Ch. 13 of the 1975 Code, as amended.
A.
To enhance the quality of life and the present and future health,
safety and welfare of all residents, to enhance property values and
to ensure proper planting and care of trees on public property, the
Village Board herein delegates the authority and responsibility for
managing public trees, creates a Tree Committee, establishes practices
governing the planting and care of trees on public property and makes
provision for the emergency removal of trees on private property under
certain conditions.
B.
In recognition of the environment, health and aesthetic benefits
of its community forest, this chapter establishes the policies, regulations
and standards pursuant to the planting, maintenance, protection, preservation,
removal and replacement of trees within the Village of Solvay.
(1)
Provide the health and maintenance of Village trees in healthy and
nonhazardous condition through good arboricultural practices.
(2)
Establish and maintain appropriate diversity in tree species and
age classes in order to provide a stable and sustainable community
forest.
(3)
Encourage the planting of a new tree for any tree that is removed.
(4)
Promote the planting of private trees through programming and education.
A set of guidelines duly adopted by the Village and used
to guide tree selection, placement, maintenance, removal and replacement
to achieve a desired level of quality for the physical environment.
A tree that is indigenous within the northeast United States
of America.
Wires with greater than 50 volts above ground.
"Private trees" are herein defined as trees, shrubs, bushes
and all other woody vegetation located on a homeowner's property.
A highway road, avenue, lane, alley, terrace, drive, culvert,
embankment to which the public has a right to use.
The area within the designated right-of-way lines of a street,
road or lane within the Village. Said right-of-way lines are delineated
and/or defined by the Village of Solvay and vary throughout the Village
depending on the width of the road.
Those entities that provide electricity, gas, sewer, water,
telephone, cable television and internet service to properties within
the Village.
Any references to the "Village" is to the Village of Solvay
and any of its committees and/or departments.
"Village trees" are herein defined as trees, shrubs, bushes
and all other woody vegetation on land lying within the easement or
right-of-way. Village trees also include any trees within the boundaries
of Village parks and any other land that the Village owns.
There is hereby created and established a Solvay Tree Committee
for the Village of Solvay. The Solvay Tree Committee shall choose
its own officers, make its own rules and regulations and keep a journal
or proceedings.
A.
Duties. The Solvay Tree Committee shall:
(1)
Be responsible for the study, investigation, council and development
of a Community Forestry Management Plan, which is a framework for
Village tree management.
(2)
Maintain a list of appropriate tree species for planting with a preference
for native species.
(3)
Provide advice and recommendations regarding trees and the community
forest by a trained designee, either trained by Cornell Cooperative
Extension or another ISA Certified Arborist, to the Village Board,
Planning Board, Village employees, committees and private citizens
of the Village of Solvay.
(4)
Regularly communicate with the Village of Solvay Department of Public
Works on all matters regarding Village trees and work closely with
them on planning and implementing tree plantings.
(5)
Coordinate activities, including but not limited to the commemoration
of Arbor Day, and to inform and educate the public about the community
forest.
(6)
Together with the Village of Solvay, explore opportunities for grants
related to the planting, and educational outreach of a community forest.
(7)
Investigate conducting an inventory of Village trees.
B.
Cooperation between agencies. Communication between the Village Board,
the Department of Public Works, committees of the Village Board, the
Zoning and Planning Board and the Solvay Tree Committee regarding
any operations that affect trees within the Village is essential to
the long-term management of the Community Forest. The Village Board
will designate one member to serve as the main point of contact, or
liaison to the Village Tree Committee.
A.
The Village of Solvay, after review of any recommendations of the
Solvay Tree Committee, shall have full power and authority over all
trees, plants and shrubs (excluding grass) located within street right-of-way,
public parks, public right-of-way or easement and other public places
in the Village.
B.
Conflict with ordinances. In any case where a provision of this chapter
is found to be in conflict with a provision of any zoning, land development,
safety or health ordinance or code of this municipality, Onondaga
County or the State of New York, the provision which establishes the
higher standard for the promotion and the protection of the safety
and health of the people shall prevail.
C.
Partial invalidity. If any section of this chapter shall be held
unconstitutional, illegal, invalid or otherwise unenforceable, the
remainder of this chapter shall remain in full force and effect and
enforceable as such.
D.
Nothing in this chapter shall be deemed to abolish or impair existing
remedies of the municipality or its officers or agencies relating
to the removal of trees(s) which is/are deemed to be dangerous, unsafe
or unhealthy.
A.
Planting.
(1)
The Village of Solvay, after reviewing any recommendations of the
Solvay Tree Committee, shall have the right to plant and maintain
trees and shrubs in the street right-of-way of all streets, avenues,
highways and on public grounds. The Village will make all reasonable
efforts to comply with property owners' requests regarding placement
of a tree on the street right-of-way adjoining their property.
(2)
Trees shall be placed to allow for their anticipated mature height
and width. The spacing of Village Trees will be in accordance with
the three species size classes listed in Appendix A[1] of this chapter, and no trees may be planted closer together
than the following: small trees, 30 feet; medium trees, 40 feet; large
trees, 50 feet; except in special plantings designed or approved by
a landscape architect or ISA Certified Arborist.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
(3)
Trees adjacent to the street right-of-way shall be pruned such that
there are 10 feet above the street surface and eight feet above any
sidewalk surface.
(4)
Trees shall be planted so as to not block the site line at street
intersections.
(5)
Trees shall be planted at least 10 feet from fire hydrants/fire plugs.
(6)
Underground utilities.
(a)
Trees shall be planted such that they do not have to be removed
for access to underground utilities. DigSafeNY will be called out
to mark any underground utilities prior to any tree planting. No trees,
other than those species listed as small trees in the Appendix of
this chapter, may be planted over or within five lateral feet of any
underground water line, sewer line, transmission line or other utility.
(b)
Trees shall be protected from damage during above- or below-ground
utility work. The area of protection is 125% of the tree canopy. If
this area cannot be protected, an ISA Certified Arborist must be on
site to observe work and ensure that no roots over one inch are severed.
(7)
Overhead utility wires.
(a)
Tall growing trees (anything with a mature height over 40 feet)
shall not be planted underneath overhead utility wires. No trees,
other than those species listed as small trees in the Appendix of
this chapter, may be planted under or within 10 lateral feet of any
overhead utility wire.
B.
Pruning and maintenance.
(1)
The Village, after reviewing any recommendation of the Solvay Tree
Committee, shall have the right, but not the obligation, to prune,
maintain and remove trees, plants and shrubs within the street right-of-way
as may be necessary to ensure public safety and/or health and natural
form of the tree.
(2)
Pruning standards. All pruning shall conform to the current ANSI
A300 standards for tree care operations. The ANSI A300 standards are
included in the Appendix.[2] When required, crown reduction is preferred to the topping
of trees.
[2]
Editor's Note: Appendix A is included as an attachment to this chapter.
(3)
Trees adjacent to the street right-of-way shall be pruned such that
there are 10 feet above the street surface and eight feet above any
sidewalk. The Solvay Tree Committee has the responsibility to prune
or designate volunteers to prune young trees (under five inches'
caliper).
(4)
The Village of Solvay shall have the right to prune any trees or
shrubs on private property within the Village when such trees constitute
a hazard to life and property, are potentially injurious to servers,
electric power lines, gas lines, water lines or other public utilities,
or interferes with visibility of any traffic control, device or sign.
(5)
Reporting a pruning concern or hazard of a Village tree: A Village
resident can report a hazardous tree or pruning request to the Village
Department of Public Works. The request will then be reviewed by the
Solvay Tree Committee and sent back to the Department of Public Works
with instruction.
C.
Removal. No healthy Village tree shall be removed from any Village
property and street right-of-way without Tree Committee approval.
(1)
Any tree planted by the Village that has been removed without permission,
or damaged to such an extent that it must be removed, shall be replaced
within one year by the party responsible for the removal or damage
at their expense.
(2)
The Village of Solvay shall have the right to cause the removal of
any trees or tree parts on private property within the Village when
such trees constitute a hazard to life and property, are potentially
injurious to servers, electric power lines, gas lines, waterlines
or other public utilities (if the situation cannot be mitigated by
other means) or harbors insects or disease, which constitute a potential
threat to other trees within the Village.
(a)
The Village will notify in writing the owners of such trees.
Removal shall be done by said owners at their own expense within 60
days of the date of notice.
(b)
In the event of failure of owners to comply with such provisions,
the Village of Solvay shall have the authority to remove such trees
and charge the cost of removal on the owner's property tax notice.
(3)
Stumps. All stumps of Village trees shall be removed or ground below
the surface of the ground so that the top of the stump shall not project
above the surface of the ground.
D.
Interference with implementation of this Code provision. It shall
be unlawful for any person to prevent, delay or interfere with the
Village of Solvay in the implementation, use and enforcement of the
provisions of this Code section, 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 code section.
E.
New development, additions and construction projects. All new development
including, but not limited to, residential, commercial, industrial
and parking lots, will include the planting of trees at such density
as shall be determined by the Village of Solvay, after reviewing any
recommendations of the Solvay Tree Committee, and in cooperation with
the Zoning and Planning Board.
(1)
Reasonable requirements for the preservation of trees may be specified
by the Village Board.
(2)
There shall be at least one tree per lot and spaced according to
the requirements in this chapter. New trees shall measure at least
1.5 inches in caliper as measured at the point four feet above the
finished grade.
(3)
When construction, excavation, and/or material deposits result in
the damage, destruction and/or removal of a Village tree, the person
or utility responsible for that damage shall replace the tree where
appropriate with either a tree or trees of equivalent dollar value*
and approved by the Solvay Tree Committee.
*Determined through the "Wood for Wood" method based upon simple
replacement of the wood lost and not taking species or condition into
account. For example, if the tree is 20 inches DBH, you would need
to 10 two-inch caliper trees to replace it. Ten the average cost per
tree (i.e., $200) = $2,000.
(4)
The property owner/developer shall be responsible for tree planting
and all irrigation and maintenance of the tree for a two-year period
from the time of the lanting and shall replace any trees that die
during this period.
