[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:
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.
Any area of real property within the Village limits solely
owned by the Village.
Any entity authorized as such by the State of New York, or
the designee or contractor of such public service company.
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.
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.
See § 165-7.
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.
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.
A.
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.
B.
The Village Arborist shall be responsible for the performance of,
or oversight of, any tree work on public grounds.
C.
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.
D.
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.
E.
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.
F.
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.
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Small Trees 10 feet to 25 feet
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Corneliancherry Dogwood (Cornus mas) 20 feet to 25 feet
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Crabapple (Malus) +/- 20 feet
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Redbud (Cercis canadensis) 20 feet to 25 feet
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Shadblow or Serviceberry (Amelanchier arborea) 15 feet to 25
feet
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Medium Trees 25 feet to 40 feet
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Bradford Callery Pear (Pyrus calleryana 'Bradford'
Chanticleer) 25 feet to 35 feet
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Golden Raintree (Koelreuteria paniculata) 30 feet to 40 feet
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Kousa Dogwood (Cornus kousa) 20 feet to 30 feet
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Japanese Tree Lilac (Syringa reticulate) 20 feet to 30 feet
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Paperbark Maple (Acer griseum) 25 feet to 30 feet
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Large Trees 40+ feet
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American Chestnut (Castanea dentate) 40 feet to 60 feet
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American Elm (Ulmus Americana) 50 feet to 80 feet
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Columnar English Oak (Quercus robur) 30 feet to 50 feet
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Crimson King Maple (Acer platanoides) 40 feet to 50 feet
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Dawn Redwood (Metasequoia glyptostroboides) 70 feet to 100 feet
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European Hornbeam (Carpinus betulus) 40 feet to 60 feet
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Ginko (Ginko biloba) 50 feet to 80 feet
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Hackberry (Celtis occidentalis) 40 feet to 60 feet
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Honeylocust (Gleditsia triacanthos) 40 feet to 70 feet
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Katsura (Cercidiphyllum japonicum) 40 feet to 60 feet
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London Planetree (Platanus acerifolia) 70 feet to 100 feet
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Red Oak (Quercus rubra) 60 feet to 75 feet
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River Birch (Betula nigra) 40 feet to 70 feet
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Rivers Purple Beech (Fagus sylvatica) 40 feet to 70 feet
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Sugar Maple (Acer saccharum) 60 feet to 75 feet
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Sweetgum (Liquidambar Styraciflua) 60 feet to 75 feet
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Tuliptree (Liriodendron tulipifera) 70 feet to 90 feet
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Zelkova (Zelkova serrata) 50 feet to 80 feet
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Evergreens
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Blue Spruce (Picea pungens) 30 feet to 60 feet
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Concolor or White Fir (Abies concolor) 30 feet to 50 feet
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Douglas Fir (Pseudotsuga menziesii) 40 feet to 80 feet
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Norway Spruce (Picea abies) 40 feet to 60 feet
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Serbian Spruce (Picea omorika) 50 feet to 60 feet
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White Pine (Pinus strobus) 50 feet to 80 feet
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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.
A.
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.
B.
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.
A.
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.
(1)
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.
(2)
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.
(3)
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.
B.
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.
C.
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.
