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.
As used in this chapter, the following terms shall have the
meanings indicated:
COMPREHENSIVE TREE PLAN
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.
MASTER TREE LIST
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:
A.
Recommendations from the 2014 Tree Inventory Report;
B.
RG&E's "Recommended Small Trees for Planting Under
Low Overhead Utility Lines or Confined Spaces";
C.
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)]
D.
DEC list of recommended trees.
TREE BOARD
The Tree Board for the Village of Victor.
TREE BOARD ANNUAL REPORT
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.
TREE LAWN
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.
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.