[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.]
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]
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.
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:
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.
[1]
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.
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 symmetry and beauty
of such public grounds.
B.
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.
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.
