[HISTORY: Adopted by the Board of Trustees of the Village of Cazenovia 5-2-2011 by L.L. No. 2-2011. Amendments noted where applicable.]
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.
- 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.
- All species of woody plants having five or fewer major stems and having a mature height in excess of 10 feet.
- 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).
- The Village of Cazenovia.
- 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 the responsibility of the Commission to study, investigate, counsel and develop and/or update annually 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 Board of Trustees and, upon the Village Board's approval, shall constitute the official comprehensive Village of Cazenovia Urban Forest Management Plan. Such plan shall be reviewed and updated from time to time by the Commission. The Commission, when requested by the Board of Trustees, shall consider, investigate, make findings, report and recommend upon any special matter of question coming within the scope of its purpose.
The Village Arborist shall be responsible for the performance of, or oversight of, any tree work on public grounds.
The Commission shall promote and supervise the development of a tree inventory for street and park trees. The inventory shall be updated on an annual basis.
The Commission shall consider, investigate, report and recommend upon any law, policy, or guideline or any special matter concerning trees and other vegetation within the Village.
The Commission shall provide recommendations to the Planning Board, as requested by the Planning Board, regarding land clearing and tree planting plans for new development throughout the Village.
The Commission shall provide educational opportunities to promote retaining and increasing the quality and quantity of trees, a list of desirable and undesirable trees and illustrate the value of existing trees and of planting of new trees for energy conservation, stormwater mitigation and other environmental concerns.
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.
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.
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 aesthetics of such public grounds.
The Village may remove or cause or order to be removed any tree or part thereof on public grounds which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, waterlines or other public improvements or is affected with any injurious fungus, insect or other pest.
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.
Tree removal and replacement. Trees removed upon the recommendation of the Commission or by natural causes shall be replaced on Village property on a one-for-one basis within one year as budget allocations permit. The Village Board shall consider the Tree Commission's recommendation for the location and species of any replacement trees.
Any tree on public grounds that has been removed without permission, or damaged to such an extent that it must be removed, shall be replaced within one year at the expense of the party responsible for the removal or damage.
The total circumferential stem area of the replacement trees must equal the circumferential stem area of the removed (or damaged) tree, when measured at DBH (diameter at breast height - 4.5 feet above grade) for large trees (over 12 inches) or at the appropriate caliper point for smaller trees (six inches or 12 inches) as per the most current ANSI American Standards for Nursery Stock.
The replacement tree/trees must survive for two years with 80% live crown. If the replacement tree/trees does not or do not survive for two years with 80% live crown, the tree shall again be replaced within one year by the party responsible for the original removal or damage.
Tree protection. Village trees planted on public grounds shall be protected from damage during above- or below-ground construction and repair. The zone of protection shall include the area below the extent of the tree limbs, plus 25% beyond that distance of the tree for a total of 125% of the tree crown area. Measures to avoid damages, breakage or unintended removal of tree limbs and/or abrasions, debarking or other injuries to trunk of the tree shall also be utilized per current arboricultural industry best management practices. Where such damages occur and are irreparable or severe enough to warrant removal, upon review of the Tree Commission and approved by a certified arborist, the replacements shall be in accordance with § 165-15A. Any possible repairs that can be made that assure the health and survival of the tree(s) shall be at the expense of responsible party or contractor causing such damages.
Abuse or mutilation of public trees. No person shall damage, cut, burn, carve, transplant or remove any tree upon public grounds, or attach thereto any rope, wire, nails, posters or public announcements or other contrivance except for those required to adhere to the applicable ANSI Standard or ISA best management practice.
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.