[HISTORY: Adopted by the Board of Trustees of the Village
of Victor 6-2-2014 by L.L. No. 2-2014. Amendments noted where applicable.]
This chapter shall be known as the "Tree/Vegetation Code."
In recognition of the environmental, health, and aesthetic benefits
of its urban forest, this chapter establishes the policies, regulations,
and standards pursuant to the planting, maintenance, protection, preservation,
removal and replacement of trees on public lands within the Village
of Victor. These provisions are enacted to:
A.
Establish the maximum sustainable amount of tree cover on public
lands within the Village.
B.
Maintain Village trees in healthy and nonhazardous condition through
good arboricultural practices.
C.
Establish and maintain appropriate diversity in tree species and
age classes in order to provide a stable and sustainable urban forest.
A.
The Village of Victor shall have full power and authority over all
trees, plants and shrubs (excluding grass) located within street rights-of-way,
public parks, public right-of-way or easement, and other public places
in the Village.
B.
Conflict with other ordinances. In any case where a provision of
this chapter is found to be in conflict with a provision of any zoning,
land development, safety or health ordinance or code(s) of this municipality,
the County of Ontario or the State of New York, the provision which
establishes the higher standard for the promotion and the protection
of the safety and health of the people shall prevail.
C.
Partial invalidity. If any section of this chapter shall be held
unconstitutional, illegal, invalid, or otherwise unenforceable, the
remainder of this chapter shall remain in full force and effect, and
enforceable as such.
D.
Nothing in this chapter shall be deemed to abolish or impair existing
remedies of the municipality or its officers or agencies relating
to the removal of tree(s) which is/are deemed to be dangerous, unsafe
or unhealthy.
As used in this chapter, the following terms shall have the
meanings indicated:
A framework for public tree management that includes an inventory
of existing trees; identification of planting sites; prioritized planting
plan; standards for tree selection, siting, and planting.
A compilation of suitable and desirable types and species
of trees able to thrive on Village streets and public places within
the Village. The Master Tree list is housed at the Village Office,
and is drawn from:
Recommendations from the 2014 Tree Inventory Report;
RG&E's "Recommended Small Trees for Planting Under
Low Overhead Utility Lines or Confined Spaces";
Cornell University's "Recommended Urban Trees for USDA
Plant Hardiness Zone 6 and Colder" (http://www.hort.cornell.edu/uhi/outreach/recurbtree/index.html).
The master tree list also includes a list of trees that should not
be planted either because they are inappropriate street trees or because
the Village has too many of them.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
DEC list of recommended trees.
The Tree Board for the Village of Victor.
An annual written report to the Village Board covering the
actions and goals relating to the Village's public trees and
including such activities as street tree inventories, tree plantings
and removals, and educational programs for the public.
That part of a right-of-way, highway reservation not covered
by the sidewalk or other pavement lying between a property boundary
line and that portion of the street usually used for vehicular traffic.
A.
Membership. The Tree Board shall consist of not fewer than five nor
more than seven members appointed by the Mayor, subject to the approval
of the Village Board. If possible, all members shall be residents
of the Village and at least one should have professional training
in forestry. If none do, one ex officio, nonvoting member who has
expertise in urban forestry, may also be appointed. Members shall
serve for staggered terms of four years and without compensation.
If a vacancy shall occur during the term of a member, his or her successor
shall be appointed by the Mayor, subject to the approval of the Village
Board, to complete the unexpired portion of the term in which the
vacancy occurred. The Mayor, subject to the approval of the Village
Board, shall also have the power to remove any member of the Board.
B.
Organization. Members of the Tree Board shall annually select a Chair
and a recording Secretary, each to serve a one-year term. The Board
shall adopt rules and regulations concerning its governance and operation.
C.
Authorization and duties. The Tree Board shall be authorized to fulfill
the following duties:
(1)
Develop and maintain a comprehensive tree plan for the Village of
Victor. The tree plan is to be completed and reviewed on an annual
basis.
(2)
Develop a list of appropriate tree species for planting in the various
types of locales within the tree lawn and public parks. Reference
Master Tree List.
(3)
Provide advice and consultation regarding trees to the Village Board,
Village employees and private citizens residing in the Village of
Victor.
(4)
Receive, review, and recommend to the Director of Public Works requests
from property owners for tree plantings, pruning and removals on the
tree lawn.
(5)
Regularly communicate with the DPW on all matters regarding Village
trees; work closely with the DPW in planning and implementing tree
planting.
(6)
Identify and maintain a list of Village trees (all trees located
on land owned or controlled by the Village of Victor.
(7)
Coordinate activities, including but not limited to, the commemoration
of Arbor Day and to inform and educate the public about the urban
forest.
(8)
Make budget recommendations to the Village Board for Tree Board expenses
and purchase of trees. An annual operating budget of $2 per capita
is to be maintained for Tree City USA Certification.
(9)
Together with the Village, apply for grants related to the planting
and maintenance of our community forest.
(10)
Submit an annual report to the Village Board detailing the Board's
accomplishments for the year, including plantings, educational outreach,
activities coordinated with other committees and boards.
(11)
Review and make recommendations regarding Village policies,
resolutions, and local laws impacting trees.
A.
Planting. The Village shall have the right to plant and maintain
trees within the right-of-way of all streets, avenues, highways and
on public grounds. The Tree Board will make all reasonable efforts
to comply with property owners' requests regarding placement
of a tree on the right-of-way adjoining their property.
(1)
Any tree that must be removed shall be replaced by new planting,
except in unusual circumstances.
(2)
Trees will be replaced in accordance with the master tree plan developed
by the Tree Board.
(3)
No person shall plant any tree in the right-of-way except in accordance
with policies, regulations, specifications established pursuant to
this chapter.
(4)
Owners of private property adjoining a Village street may request
a tree for the tree lawn. Requests will be submitted on the "tree
request form" available at the Village of Victor municipal offices.
The Tree Board will select a suitable tree for the location per the
Master Tree List, which takes into consideration:
(5)
Private property owners may, at their own expense and with the written
approval of the Tree Board and the Director of Public Works, plant
appropriate trees on the tree lawn. The Director of Public Works shall
authorize the approved planting in writing and shall approve a map
or diagram showing the location of the tree planting. Any tree so
planted shall be considered a public tree and be added to the Village
Tree Inventory Report.
A.
Topping of trees is expressly forbidden. Tree pruning shall be accomplished
in accordance with the procedures set forth in the most recent ANSI
A300 standards Best Management Practices booklet, requiring a clearance
of eight feet height for sidewalks and 13 feet for streets.
[Amended 3-2-2020 by L.L. No. 2-2020]
B.
Tree removal. The Director of Public Works or certified arborist
shall treat or remove any public trees that are dead, diseased, or
constitute a hazard to life or property. No person other than those
mentioned above or their duly authorized deputy, agent or employee,
shall prune, cut down, remove or destroy any public tree on Village
property unless authorized by the Director.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
Requests by persons for removal of diseased or hazardous trees in
the tree lawn must be made to DPW. Trees will be inspected to determine
their health and any hazard that they pose. Final decisions regarding
removals will be made by the Director of Public Works.
C.
Abatement of hazards and public nuisances. If a private tree is determined
by the Director of Public Works or Village's Certified Arborist to
constitute a public nuisance or public hazard, the owner will be required,
by written notification, to trim, remove, or otherwise control the
tree to abate the hazard. Failure to do so within 15 days of notification
will be deemed a violation of this chapter and the DPW may then conduct
the necessary abatement at the owner's expense.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
Where sidewalk or curb damage due to tree roots occurs, every reasonable
effort shall be made to correct the problem without removing or damaging
the tree. The Director of Public Works shall be responsible for developing
or approving corrective measures.
B.
The Director of Public Works shall be contacted in the event of any
emergency work that may impact Village trees, plants or shrubbery.
A.
Communication between the DPW and the Tree Board regarding any operations
that affect Village trees is essential to the long-term management
of the Village's trees. This includes, but is not limited to,
notification of tree pruning, removals, requests for plantings, utility
company activities relating to trees, and Arbor Day and other educational
tree programs.
B.
Any public utility maintaining any overhead wires, underground pipes
or conduits shall obtain permission from the Director of Public Works
before performing any maintenance work on the wires, pipes, or conduits
which could cause injury to Village of Victor trees. The public utility
shall in no way injure, deface, prune or scar any Village of Victor
trees until their plans have been approved by the Director of Public
Works.
All new development including, but not limited to, residential,
commercial, industrial, and parking lots, will include the planting
of such trees and at such density as shall be determined by the Planning
Board.
A.
Landscaping plans submitted by developers must include the planting
of street trees, and, if appropriate, park trees that are in compliance
with the Tree Board's master tree list in terms of size, species,
and density. The developer will work with the Director of Public Works
in administering the plan.
B.
The developer shall be responsible for tree planting and all irrigation
and maintenance of the tree for a three-year period from the time
of planting and shall replace any trees that die during this period.
[Amended 3-2-2020 by L.L. No. 2-2020]
C.
Approval by the Village of Victor Planning Board for new developments
is contingent upon submission of a tree-planting plan approved by
the Tree Board.
[Amended 3-2-2020 by L.L. No. 2-2020]
A.
It is
a violation of the provisions of this chapter for any person to abuse,
mutilate, remove, prune, spray, injure or destroy any tree(s), plant(s),
or shrub(s) on public lands. This includes posting signs or handbills
on trees with any rope, wire or nails, or allowing any gaseous, liquid
or solid substance harmful to trees to come into contact with their
roots, trunks, or leaves. Exception: unless during application(s)
of substances in the performance of the normal maintenance of streets,
roads, sidewalks, tree lawns or driveways.
B.
It is
a violation of the provisions of this chapter to remove or tamper
with any device placed for the protection of said tree, or to authorize
or cause the damage to be done, except having first obtained written
permission for the DPW to do so.
C.
It is
a violation of the provisions of this chapter to deposit, place, store
or maintain upon the public land any stone, brick, sand, fill dirt,
concrete or other material that may impede the passage of water, air
and fertilizer to the root system of any tree, independent of the
duration, without the approval of the DPW.
Violation(s) of any provision of this chapter shall be an offense
punishable by a fine not to exceed $250 and imprisonment for up to
15 days for each offense. In the case of a violation consisting of
the abuse, damage, mutilation or destruction of more than one tree
or shrub on public lands, the damage, mutilation, abuse of, or destruction
of each tree or shrub shall be a separate offense. Nothing in this
paragraph shall limit the right of the Village of Victor to pursue
any remedy available to it under § 861 of the New York Real
Property Actions and Proceedings Law and/or Subdivision (2) of § 382
of the Executive Law of New York State.
This chapter shall take effect immediately upon filing in the
office of the New York State Secretary of State in accordance with
§ 27 of the Municipal Home Rule Law.
