Village of Dundee, NY
Yates County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Dundee during codification; see Ch. 1, General Provisions, Art. III. Amendments noted where applicable.]
Parks and recreation areas — See Ch. 91.
Streets and sidewalks — See Ch. 112.
Zoning — See Ch. 138.
As used in this chapter, the following terms shall have the meanings indicated:
Trees, shrubs, bushes and all other woody vegetation in public parks having individual names, and all areas owned by the village, or to which the public has free access as a park.
Trees, shrubs, bushes and all other woody vegetation of land lying between property lines on either side of all streets, avenues or ways within the village.
[Amended 12-28-2011 by L.L. No. 1-2012]
Creation: There is hereby created and established an Arbor Committee which shall consist of five individuals.
Membership criteria. Each member throughout the term of his or her office shall:
Be a legal resident of the Village of Dundee;
Be an owner of property within the Village of Dundee; or
Own a business located within the Village of Dundee and be an active participant in the management and operation thereof.
The Chairman of the Arbor Committee shall be appointed by the Mayor.
Members of the Arbor Committee shall serve without compensation.
It shall be the responsibility of the Arbor Committee to study, investigate, counsel and develop and/or update annually and administer a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks, along streets and in other public areas. Such plan will be presented annually to the Village Board and Street Supervisor.
The Committee shall choose its own officers, make its own rules and regulations and keep a journal of its proceedings.
A majority of the members shall be a quorum for the transaction of business.
No street trees shall be planted without the advice and authorization of the Arbor Committee.
The following list constitutes the official street tree species for Dundee, New York. No species other than those included in this list may be planted as street trees without written permission of the Arbor Committee:
Small trees: mountain ash, Hophornbeam, Bradford pear, redbud and goldenrain tree.
Medium trees: ginkgo, small-leafed linden, hackberry, honeylocust (thornless) and pin oak.
Large trees: green ash, crimson king maple. Norway maple, sugar maple and red oak.
All trees planted between the sidewalk and the street shall become the property of the village.
The spacing of street trees will be in accordance with the three species size classes listed in § 126-8 of this chapter, and no trees may be planted closer together than the following small trees, 20 feet medium trees, 30 feet and large trees, 40 feet except in special plantings designed or approved by a landscape architect.
The distance trees may be planted from curbs or curblines and sidewalks will be in accordance with the three species size classes listed in § 126-8 of this chapter, and no trees may be planted closer to any curb or sidewalk than the following, small trees, two feet; medium trees, three feet and large trees, four feet.
Editor's Note: By Res. No. 2001-13, adopted 5-22-2001, the Board of Trustees revised the tree replacement policy to limit planting of trees to homeowner's yards an adequate distance from the sidewalks to prevent damage to the sidewalks.
There will be no planting of street trees in the sidewalks of the business district.
No street tree shall be planted closer than 35 feet to any street corner, measured from the point of nearest intersecting curbs or curblines. No street tree shall be planted closer than 10 feet to any fireplug.
The village shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds.
The village may remove or cause or order to be removed any tree or part thereof which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines or other public improvements, or is affected with any injurious fungus, insect or other pest.
This section does not prohibit the planting of street trees by adjacent property owners, provided that the selection and location of said trees is in accordance with §§ 126-8 through 126-13 of this chapter.
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. 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.
Every owner of any tree, excluding street trees, overhanging any street or right-of-way within the village shall prune the branches so that such branches shall not obstruct the light from any street intersection and so that there shall be a clear space of eight feet above the surface of the street or sidewalk. Said owners shall remove all dead, diseased or dangerous trees or broken or decayed limbs which constitute a menace to the safety of the public. The village shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a streetlight or interferes with visibility of any traffic control device or sign.
The Arbor Committee shall have the right to recommend the removal of any dead or diseased trees on private property within the village when such trees constitute a hazard to life and property or harbor insects or disease which constitute a potential threat to other trees within the village. The Arbor Committee will notify in writing the owners of such trees. Removal shall be done by said owners at their own expense.
All stumps of street and park trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground.
It shall be unlawful for any person to prevent, delay or interfere with the village personnel or any village 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.
Any person violating any provision of this chapter shall be, upon conviction or a plea of guilty, punishable as provided in § 1-6, Penalties for offenses, of Chapter 1, General Provisions, of this Code.