This chapter shall be entitled "Tree Law for the Village of
Caledonia, New York."
This chapter is enacted to protect and promote the health, safety
and welfare of the inhabitants of the Village of Caledonia by providing
for the regulation of the planting, maintenance and removal of trees,
shrubs and other plants on Village-owned land within the Village of
Caledonia.
As used in this chapter, the following definitions shall apply:
DPW SUPERINTENDENT
The Department of Public Works Superintendent of the Village
of Caledonia.
MASTER TREE LIST
A listing of suitable and desirable types and species of
trees able to thrive on Village streets and public places in the Village.
PERSON
Any person, firm, partnership, association, corporation,
company, or an organization of any kind, including public or private.
PUBLIC PLACE
All grounds owned by the Village of Caledonia, or under its
control or supervision, whether or not leased or under contract to
the Village.
PUBLIC TREE
Any tree now or hereafter growing within the boundaries of
a Village right-of-way or public place.
STREET
The entire width of every public street or right-of-way when
any part thereof is open to the use of the public for purposes of
vehicular or pedestrian traffic.
TREE BOARD
The Tree Board for the Village of Caledonia created by this
chapter.
TREE LAWN
That part of a street 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.
TREE MANAGEMENT PLAN
An annual written review and description of Village tree
goals, objectives and such related activities as updating the arboricultural
specification and standards of practice, conducting street tree inventories,
planting trees and sponsoring educational programs for the public.
VILLAGE
The Village of Caledonia, New York.
VILLAGE BOARD
The Board of Trustees for the Village of Caledonia.
YOUTH
A person under the age of 18 years.
YOUTH ADVISORY COUNCIL
The Youth Advisory Council for the Village of Caledonia,
appointed by the Mayor of the Village of Caledonia.
No tree, shrub or other vegetation, other than grass, shall
be planted or removed from any tree lawn or public place within the
Village, except in an emergency in which personal injury or property
damage is imminent, without the approval of the Tree Board and the
DPW Superintendent as provided in this chapter.
The Board shall develop and submit an annual tree plan to the
Village Board. The plan, after adoption by the Village Board, shall
constitute the tree plan for the Village and shall be administered
by the Board. The Village tree plan shall define the annual goals
and objectives of the Village tree program and shall include:
A. A current statement of arboricultural specifications and standards
of practice;
B. A current master tree list; and
C. A current street tree inventory.
An owner of private property adjoining a Village street may
locate and plant a tree, trees or other plantings in the tree lawn,
at his or her own expense, with the written approval of the Tree Board
and the DPW Superintendent. Approval shall be granted if the proposed
planting is in accordance with the arboricultural specifications and
standards included in the Village tree plan and if the tree, trees
or other plantings to be planted is/are selected from the master tree
list. The DPW Superintendent shall authorize the approved planting
in writing and shall approve a map or diagram showing the location
of the tree planting. Any tree, trees or other plantings so planted
shall become a Village tree or planting and shall be added to the
Village street tree inventory.
An owner of private property adjoining a Village street may
request location and planting of a tree, trees or other plantings
in the tree lawn adjacent to his or her property by submitting such
request in writing to the DPW Superintendent. The DPW Superintendent
shall refer the request to the Tree Board for its consideration and
recommendation. The Board shall give written notice of its action
to the DPW Superintendent and the applicant. If the Board shall approve
the application, any tree, trees or other plantings to be planted
as a result thereof shall be planted by the Village and at the Village's
expense.
The DPW Superintendent shall provide and require that Village
public trees which are removed shall be replanted or replaced in accordance
with the arboricultural specifications and standards of practice contained
in the Village tree plan and that all replacement trees are selected
from the master tree list. If conditions prevent planting at the removal
site, a tree removed from the tree lawn may be replanted or replaced
at an alternative site in the same area.
Any person violating this chapter shall, upon conviction thereof,
be guilty of a violation and shall be fined not more than $250 or
imprisoned for not more than 15 days, or both such fine and imprisonment.
Each tree or planting affected by noncompliance shall constitute a
separate violation. In lieu of, or in addition to, any fine or imprisonment,
or both, imposed for a conviction of a violation of this chapter,
each violation may be subject to a civil penalty not exceeding $500.
Each day a violation continues shall be subject to a separate civil
penalty. In addition to such civil penalty, payment to the Village
of the value of any tree or planting damaged, destroyed or removed
in violation of this chapter shall be awarded in the amount equal
to the value of said tree or trees.
This chapter shall supplant and supersede any provision of law
in the Caledonia Village Code which is conflict with or is inconsistent
with this chapter, unless expressly otherwise provided in such other
law.