This chapter shall be known and may be cited as the "Tree Regulations
of the Village of Cazenovia, New York."
The purpose of these regulations is to support the preservation
and proper maintenance of trees on public property as necessary to
protect health, safety and general welfare of the residents of, and
visitors to, the Village of Cazenovia. These tree regulations will
be used in conjunction with, and be supportive of, the Village of
Cazenovia Urban Forest Management Plan.
As used in this chapter, the following terms shall have the
meanings indicated:
PARK TREES
Trees, shrubs and all other woody vegetation in public parks
having individual names, and all trees on real property owned by the
Village or to which the public has free access as a park.
PUBLIC GROUNDS
Any area of real property within the Village limits solely
owned by the Village.
PUBLIC SERVICE COMPANY
Any entity authorized as such by the State of New York, or
the designee or contractor of such public service company.
STREET TREES
Trees, shrubs and all other woody vegetation on land lying
between the street line and the curb or pavement edge of all streets,
avenues or ways within the Village.
TOPPING
The reduction of tree size using internodal cuts without
the regard to tree health or structural integrity.
TREE LAWN
That portion of the street right-of-way that is not covered
by an impervious surface, lying between the front property line and
the curb, street line or portion of the public right-of-way used for
vehicular traffic.
TREES
All species of woody plants having five or fewer major stems
and having a mature height in excess of 10 feet.
TREE SIZE
A.
LARGETree species with a mature height in excess of 40 feet.
B.
MEDIUMTree species with a mature height between 26 feet and 40 feet.
C.
SMALLTree species with a mature height less than 26 feet. These species shall be considered for sites under electric facilities.
TREE WORK
Any activity that causes the removal of any part of the tree,
above- or below ground, including, but not limited to, pruning, shearing,
clearing, cabling, complete removal, root cutting, stump grinding,
the application of fertilizers and/or pesticides above- or below ground,
or the planting of tree(s).
VILLAGE ARBORIST
The Village Public Works Administrator, by virtue of his
or her office, shall be the Village Arborist. The Village Board reserves
the right to delegate the responsibility of this position to other(s)
as the Board may deem appropriate.
There is hereby created and established a Village Tree Commission
of the Village of Cazenovia, New York (hereinafter referred to as
"the Commission"). The Commission shall consist of not less than five
members, but may have more than five members. Five members, one of
which shall be designated and appointed as Chair of the Commission,
shall be appointed annually by the Mayor. Additional individuals interested
in the work of the Commission may join the Commission and serve as
members thereof upon the approval of the Chair of the Commission.
Members of the Commission shall serve without compensation.
It shall be unlawful for any person to prevent, delay or interfere
with the functions of the Commission 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 rights-of-way
or easements, as authorized in this chapter.
New plantings on public grounds will be deemed a memorial tree
if the donor has supported the full purchase price of the tree. Donors
will have the memorial designated in the Village's Tree Inventory
but will not garner rights to the future decision(s) regarding its
maintenance or removal.
Only the following species of trees may be planted as street
trees. Tree species may be deleted and/or added to the following list
from time to time by resolution of the Board of Trustees upon recommendation
of the Tree Commission.
Small Trees 10 feet to 25 feet
|
|
Corneliancherry Dogwood (Cornus mas) 20 feet to 25 feet
|
|
Crabapple (Malus) +/- 20 feet
|
|
Redbud (Cercis canadensis) 20 feet to 25 feet
|
|
Shadblow or Serviceberry (Amelanchier arborea) 15 feet to 25
feet
|
Medium Trees 25 feet to 40 feet
|
|
Bradford Callery Pear (Pyrus calleryana 'Bradford'
Chanticleer) 25 feet to 35 feet
|
|
Golden Raintree (Koelreuteria paniculata) 30 feet to 40 feet
|
|
Kousa Dogwood (Cornus kousa) 20 feet to 30 feet
|
|
Japanese Tree Lilac (Syringa reticulate) 20 feet to 30 feet
|
|
Paperbark Maple (Acer griseum) 25 feet to 30 feet
|
Large Trees 40+ feet
|
|
American Chestnut (Castanea dentate) 40 feet to 60 feet
|
|
American Elm (Ulmus Americana) 50 feet to 80 feet
|
|
Columnar English Oak (Quercus robur) 30 feet to 50 feet
|
|
Crimson King Maple (Acer platanoides) 40 feet to 50 feet
|
|
Dawn Redwood (Metasequoia glyptostroboides) 70 feet to 100 feet
|
|
European Hornbeam (Carpinus betulus) 40 feet to 60 feet
|
|
Ginko (Ginko biloba) 50 feet to 80 feet
|
|
Hackberry (Celtis occidentalis) 40 feet to 60 feet
|
|
Honeylocust (Gleditsia triacanthos) 40 feet to 70 feet
|
|
Katsura (Cercidiphyllum japonicum) 40 feet to 60 feet
|
|
London Planetree (Platanus acerifolia) 70 feet to 100 feet
|
|
Red Oak (Quercus rubra) 60 feet to 75 feet
|
|
River Birch (Betula nigra) 40 feet to 70 feet
|
|
Rivers Purple Beech (Fagus sylvatica) 40 feet to 70 feet
|
|
Sugar Maple (Acer saccharum) 60 feet to 75 feet
|
|
Sweetgum (Liquidambar Styraciflua) 60 feet to 75 feet
|
|
Tuliptree (Liriodendron tulipifera) 70 feet to 90 feet
|
|
Zelkova (Zelkova serrata) 50 feet to 80 feet
|
Evergreens
|
|
Blue Spruce (Picea pungens) 30 feet to 60 feet
|
|
Concolor or White Fir (Abies concolor) 30 feet to 50 feet
|
|
Douglas Fir (Pseudotsuga menziesii) 40 feet to 80 feet
|
|
Norway Spruce (Picea abies) 40 feet to 60 feet
|
|
Serbian Spruce (Picea omorika) 50 feet to 60 feet
|
|
White Pine (Pinus strobus) 50 feet to 80 feet
|
No street tree shall be planted closer than 35 feet to any street
corner, measured from the point of the nearest intersecting curbs
or curblines, or be planted closer than 10 feet to any fireplug, except
in special plantings designed or approved by the Village Tree Commission
and in accordance with all other applicable codes. The spacing of
street trees will be in accordance with the three species size classes
of small, medium or large. No trees may be planted closer together
than the following: small trees, 30 feet; medium trees, 40 feet; and
large trees, 50 feet; except in special plantings designed or approved
by the Village Tree Commission and in accordance with all other applicable
codes.
All tree work upon public grounds shall be performed in accordance
with current ANSI A300 standards and International Society of Arboriculture
Best Management Practices.
All tree plantings in public grounds shall be performed in accordance
with current ANSI A300 standards and International Society of Arboriculture
Best Management Practices.
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. 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 Commission.
Every owner of any tree overhanging any street or right-of-way
within the Village shall prune the branches so that such branches
shall not substantially obstruct the light from any street lamp to
the adjoining street or sidewalk, or obstruct the line of sight for
motorists or pedestrians at any street intersection, and so that there
shall be a clear space of eight feet above the surface of the street
or sidewalk. Such owners shall remove all dead, diseased or dangerous
trees or broken or decayed limbs which constitute a risk to the safety
of the public. The Village shall have the right to prune any tree
or shrub on private property when it substantially interferes with
the proper spread of light along the street from a streetlight or
interferes with visibility of any traffic control device or sign.
All owners of private property within the Village shall cause
the pruning or removal of any dead, diseased or structurally deficient
trees on the owner's private property when such trees constitute
a public hazard, or harbor insects or disease which constitutes a
potential threat to other trees within the Village. The Village Arborist
shall notify in writing the owners of such trees. Removal shall be
completed by said owner(s) at the owner's expense within 60 days
after the date of service of notice.
All stumps of street and park trees shall be removed to at least
eight inches below the surface of the ground including any exposed
surface roots.
Any person violating any provision of this chapter shall be
guilty of a violation and, upon conviction or a plea of guilty, shall
be subject to a fine not to exceed $250.
Should any part or provision of this chapter be declared by
a court of competent jurisdiction to be invalid, the same shall not
affect the validity of the chapter as a whole, or of any part thereof
other than the part held invalid.