[HISTORY: Adopted by the Board of Trustees of the Village of Medina 3-8-2005 by L.L. No. 1-2005; amended in its entirety 9-28-2015 by L.L. No. 5-2015. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 76.
Parks — See Ch. 174.
Streets and sidewalks — See Ch. 206.
Subdivision of land — See Ch. 209.
Zoning — See Ch. 254.
A. 
The purpose of this chapter is to protect the health, safety and welfare of both the public citizenry and the trees in the Village of Medina by establishing standards and regulations to control planting, planning, removal, maintenance, protection of the trees and shrubs within the public rights-of-way and public land areas from undesirable and unsafe planting, removal, maintenance and protection practices and by eliminating and guarding against dangerous conditions which may result in injury to persons using the public areas of the Village, and by promoting the enhancement and natural beauty of the Village, as well as to prevent damage to any public sewer or water main, street, sidewalk or other public property, and to guard all trees and shrubs within the Village against the spread of disease or pests.
B. 
The Village Board of Trustees determines these tree standards and regulations are reasonably necessary and desirable for the following reasons:
(1) 
Trees are proven producers of oxygen, a necessary element for the survival of mankind;
(2) 
Trees appreciably reduce the ever-increasing and environmentally dangerous carbon dioxide content of the air and play a vital role in purifying the air;
(3) 
Trees play an integral role in neutralizing wastewater which passes from the surface to lower groundwater aquifers;
(4) 
Trees through their root systems stabilize the soil and play an important and effective part in Village-wide soil conservation, erosion control and flood control;
(5) 
Trees are essential and an invaluable physical and psychological addition to the Village, making life more comfortable by providing shade and cooling both air and land, reducing noise levels and glare, and breaking the visual monotony of development of land;
(6) 
Trees provide wildlife habitat and play other important ecological roles;
(7) 
The protection of trees within the Village of Medina is not only desirable, but essential to the present and future health, safety, and general welfare of all the citizens of Village of Medina;
(8) 
Some tree species are more beneficial than others as necessary contributors to the Village's environment and it is not necessary to protect each and every tree in order to attain the public benefit of a tree protection and replacement ordinance.
(9) 
A healthy urban forest contributes to Medina's economic development, providing an attractive environment for businesses, resident and visitors.
(10) 
A healthy urban forest contributes to the general welfare of our residents and neighborhoods by reducing energy costs, increasing property values, beautifying neighborhoods, and projecting the image of a thriving, prosperous community.
C. 
The provisions of this chapter shall apply to all trees and shrubs presently or hereafter planted in or upon any public area which shall endanger the life, health or safety of persons or property.
A. 
The terms and provisions of this chapter shall apply to all trees, plants, and shrubs located on public property, including Village-owned rights-of-way, parks, or other public lands within the Village, and also to any development or circumstance which has the potential to adversely impact public trees.
B. 
It shall be the duty of the Village Code Enforcement Officer, in consultation with the Superintendent of Public Works, to enforce the provisions of this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
ABUTTER
One whose property touches or adjoins along a border, or with a projecting part, the property of another.
BUILDING DEPARTMENT
The designated agency of the Village of Medina under whose jurisdiction the trees, shrubs, bushes and all other woody plants fall.
DRIPLINE
The area directly below the canopy of the tree out from the trunk to the greatest extent of the branches.
EVIDENCE OF TREE DECLINE
Including but not restricted to: large areas of dieback of canopy, and poor live crown ratio (e.g., less than 30%), dead and decaying wood in trunk, sparse live canopy, substantial epicormic growth on branches and trunk, substantial insect attack, multiple areas of wood decay lesions in branches and trunk.
LARGE TREES
Those species which habitually or at maturity attain a height of 45 feet or more.
MEDIUM TREES
Those species which habitually or at maturity attain a height of 30 to 45 feet.
NOTICE
A written or verbal announcement as given by authority of the Village.
PERSON
Any individual, firm, partnership, association, corporation, company, organization, or entity of any kind.
PROPERTY OWNER
The person owning such property as shown by the Tax Assessor's records, Village of Medina, unless proof to the contrary is available.
PUBLIC HAZARD
A condition of any tree, shrub, bush or other woody plant, or any substantial portion of a tree, shrub, bush or woody plant, which constitutes a hazard to life and property or harbors insects or disease which constitutes a potential threat to other trees, shrubs, bushes or woody plants within the Village.
PUBLIC PROPERTY
All property owned, leased, or occupied by the Village of Medina or any of its administrative agencies or departments.
PUBLIC RIGHT-OF-WAY
The entire width between the dedicated boundaries of all public streets, roads, boulevards, alleys, and includes all sidewalks and public parking strips located within any such boundaries.
PUBLIC TREES
All trees, shrubs, bushes, and woody vegetation on public property, including Village parks and rights-of-way.
SMALL TREES
Those species which habitually or at maturity attain a height of 30 feet or less. Such trees shall be planted where three-phase and single-phase electrical wires exist.
STREET or HIGHWAY
The entire width of every public way or right-of-way when part thereof is open to the use of the public, as a matter of right, for the purposes of vehicular or pedestrian traffic.
STREET TREES
Trees, shrubs, bushes, and all other woody vegetation on land lying within public right-of-way of all streets, avenues, or ways or public property within the Village.
SUBSTANTIAL EVIDENCE OF TREE HAZARD AND DECLINE
Including but not restricted to: obvious instability of root plate, such as evidence of soil heave, loss of structural roots, root decay, poor structural integrity of trunk due to significant wood decay, large cavities, internal cracking, poor large branch attachments such as severe bark inclusions, poor attachment of regrowth after lopping/storm damage.
TOPPING
The severe cutting back of limbs to stubs larger than three inches in diameter within a tree's crown to such a degree as to remove the normal canopy and disfigure the tree.
WOODY VEGETATION
Trees, shrubs, plants and any other vegetation with a woody stem.
[Amended 8-23-2021 by L.L. No. 4-2021]
There is hereby created and established a Village Tree Board for the Village of Medina, which shall consist of five members, citizens and residents of this Village, who shall be appointed by the Mayor with the approval of the Board of Trustees. The members shall be of voting age and residents of the Village, with the Building Department Code Enforcement Officer and the Superintendent of Public Works serving as ex officio members.
A. 
The Mayor, with approval of the Board of Trustees, may also appoint and/or remove a Municipal Forestry Coordinator as an ex officio member of the Tree Board.
B. 
The Municipal Forestry Coordinator shall possess credentials in urban forestry, urban arboriculture or like experience in municipal forestry.
C. 
The Municipal Forestry Coordinator shall serve for a term of five years, unless removed prior to the term expiration.
D. 
Responsibilities of Municipal Forestry Coordinator.
(1) 
Shall be responsible for ensuring the Municipal Tree Board is in compliance of local law and sound urban forestry practice in development of tree-related plans, planting and policies, and in all tree-related activities.
(2) 
Shall provide education and assistance for the Municipal Tree Board in carrying out its duties.
(3) 
Shall advise, recommend courses of action in management and care for Village trees in conjunction with the Superintendent of Public Works.
(4) 
Shall develop tree-related plans for planting sites, determine and procure suitable and appropriate tree species and plant material for Village use and specific applications, assist with implementation and execution of planting, tree-related inspections, pruning, removal of Village trees and all other tree-related activities in conjunction with the Superintendent of Public Works.
(5) 
Shall provide review and recommendations on behalf of the Municipal Tree Board for landscape plans submitted to the Tree Board by the Municipal Planning Board as part of a site plan review.
The term of the five persons to be appointed by the Mayor shall be three years, except that the term of two of the members appointed to the first Board shall be for only one year and the term of two members of the first Board shall be for two years. In the event that a vacancy shall occur during the term of any member, his/her successor shall be appointed for the unexpired portion of the term.
A. 
It shall be the responsibility of the Board to study, investigate, counsel, develop and administer policies and procedures regarding preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks, along streets, and in other public areas. The Tree Board shall submit its annual planting plan to the Village Board for review and approval.
B. 
The Board shall provide advice and counsel the Medina Village Planning Board with regard to any site plan and/or site plan review of which tree plantings are a part, including but not limited to the review of proposed tree plantings and landscaping, and recommendations for appropriate tree size, placement, and species in accordance with all applicable sections of this chapter.
C. 
The Board shall promote and supervise the establishment of a tree inventory for street and park trees. The inventory shall be updated in conjunction with the Department of Public Works, with the results of ground inspections every three years.
D. 
The Board, when requested by the Board of Trustees, shall consider, investigate, make findings, report and recommend upon any special matter or question coming within the scope of its work.
A. 
The Village Tree Board shall hold meetings as determined at the annual reorganizational meeting in January. If there is no business before the Board, the regular meeting may be cancelled. Should the business of carrying out the duties and responsibilities of this section require additional meetings, the Village Tree Board may hold special meetings as needed at the call of the Chairperson or at the request of three or more members.
B. 
The Board shall choose its own officers, i.e., Chairperson, Vice Chairperson, and Secretary; make its own rules and regulations annually at a reorganization meeting; and shall keep minutes of its proceedings. A majority of the appointed members (three) shall constitute a quorum for the transaction of any business as set forth in this section.
C. 
In accordance with § 74.2 of Article 4 of the Public Officers Law, a member of the Village Tree Board having a conflict of interest shall abstain from any discussion or voting on that matter.
D. 
The Village Tree Board may request and obtain any advice or opinions on the law relating to any matter before the Board from the Village Attorney, and require the Village Attorney to attend its meetings.
E. 
The Village Tree Board shall require the Village Code Enforcement Officer and/or the Superintendent of Public Works to attend its meetings and present any facts relating to any matter before the Board.
F. 
All meetings of the Village Tree Board shall be open to the public. The duly elected Secretary of the Village Tree Board shall keep written minutes of the proceedings of the Board at all meetings.
A. 
Trees planted on public property by adjacent property owners or others shall be selected and located in accordance with §§ 230-9 through 230-14 of this chapter. Application shall be made to the Village Tree Board and approval given prior to any planting. No person shall plant any street tree except according to policies, regulations and criteria established pursuant to this chapter. In addition, the Department of Public Works and any other applicable utilities shall be consulted by the property owner before any planting.
B. 
All trees planted on public lands as specified by this section shall be located and planted with the approval of the Village Tree Board, and under the supervision of the Superintendent of Public Works. In the performance of such work, consideration shall be given to the following factors. These factors are determined to be of primary importance in maintaining the Village forest.
(1) 
Trees that must be removed shall be replaced by new planting, either on site or somewhere in the Village forest, depending on site restrictions, feasibility or other mitigating circumstances.
(2) 
Wherever feasible, trees shall be planted near old and dying ones in anticipation of their removal.
(3) 
Unnatural regularity of spacing and arrangement shall be avoided.
(4) 
Species selected may vary, depending on mitigating factors of the site as provided for in § 230-10.
(5) 
In an effort to reforest the entire Village, all available sites shall receive tree plantings except in cases where it can be shown with authoritative supporting evidence that there is proven and substantial factors leading to significant health, safety, hazard or property damage implications at or around the site where the tree is to be located (see § 230-9F).
C. 
Whenever any tree is planted or set out in conflict with the provisions of this section, it shall be lawful for the Superintendent of Public works to remove or cause removal of the same. The cost of removal of said tree shall constitute a lien and charge upon the real property of the owner responsible for such planting until paid or otherwise satisfied or discharged and shall be collected by the Village Treasurer in the manner provided by law for collection of taxes.
D. 
Notice of a determination to remove or cause removal of a tree planted or set out in violation of this section shall be made by the Code Enforcement Officer to the responsible property owner by mail to the last known address as shown on the Village tax rolls. Such notice shall be made 10 days prior to any removal.
E. 
Appeal of a decision to remove a tree planted or set out in violation of this section may be made by a property owner to the Village of Medina Board of Trustees. Appeals shall be made in writing and submitted to the Village Clerk prior to the scheduled removal date. The Village Board of Trustees shall use the criteria and regulations contained in §§ 230-10 through 230-14 of this chapter to reach a decision in any appeal. A decision of any appeal shall be made within 60 days of receipt by the Village Clerk.
F. 
Any request for not planting a tree on a ROW will only be considered where there are proven and substantial factors leading to significant health, safety, hazard or property damage implications at or around the site where the tree is to be located.
(1) 
Criteria not considered justification for not planting a tree on ROW:
(a) 
Speculation on potential problems that may or may not occur in 25 to 35 years are not considered justification.
(b) 
Tree at maturity (25 to 35 years) may cause a problem.
(c) 
Flower, leaf or fruit fall may cause nuisance at maturity.
(d) 
View disrupted.
(e) 
Tree does not suit the existing or proposed landscape.
(f) 
Unsubstantiated fear of tree failure when mature.
(g) 
Tree too large or high at maturity.
(h) 
Review of request for not planting a tree on ROW
(2) 
Any such request will be submitted to the Superintendent of Public Works, who with a representative of the Tree Board and/or professional municipal forestry consultant shall review said request, visit and assess the site and render a decision based on factors leading to significant health, safety, hazard or property damage implications at or around the site where the tree is to be located. Any cost incurred by a request requiring the services of the professional municipal forestry consultant shall be born by the party making the request.
(3) 
Should a citizen desire to engage the services of a professional municipal forestry consultant for the purposes of rendering an opinion, that opinion shall be submitted in writing to the Village Clerk's office within five days. Further, any consultant hired by a citizen shall possess the following credentials and submit proof of said credentials with the written opinion:
(a) 
International Society of Arboriculture certified arborist.
(b) 
International Society of Arboriculture tree risk assessment qualification.
A. 
It is the policy of the Village of Medina to maintain its forested characteristics. The tree ordinance is not intended to cause unnecessary hardship to any individual, entity or public agency. It is intended to provide for the reasonable standards and regulations to control planting, planning, removal, maintenance, protection of the trees and shrubs within the public rights-of-way and public land areas as enumerated in § 230-1, Purpose, of the Municipal Tree Ordinance. Any proven and substantial factors leading to significant health, safety, hazard or property damage implications will result in removal of a tree.
B. 
It is the responsibility of the Municipal Tree Board and the Department of Public Works to determine if trees or shrubs planted on or planned for Village-owned property are hazardous and to remove dead or hazardous trees or shrubs from Village-owned property, or to prevent said trees from being planted.
C. 
Criteria generally considered justification for tree removal
(1) 
In any request for the removal of an existing tree, the following conditions will be taken into consideration:
(a) 
Dead or dying trees.
(b) 
A tree has reached an over-mature condition and is in declining health which will result in its death within the year.
(c) 
A tree is infected with a disease which cannot be treated successfully and/or there is a strong potential that the pathogen could spread to other trees in the immediate vicinity.
(d) 
Structurally unstable trees (note: a leaning tree is not necessarily structurally unstable).
(e) 
Trees preventing essential grade changes or reasonable utility installations.
(f) 
Trees preventing a reasonable site configuration including the establishment of a lawn.
(g) 
Trees preventing a reasonable means by which building, zoning, subdivision, health, public safety or other municipal requirements can be met.
(h) 
Storm damage where 50% of more of the canopy is broken or damaged.
(i) 
Tree is of an undesirable species.
(2) 
Claims of being unsightly or unattractive does not make a tree eligible for removal unless one or more of the above conditions are present.
D. 
Criteria not generally considered justification for tree removal. These are common reasons for tree removal which would generally not be considered substantive by themselves, and would generally only be considered where there are proven to have significant health, safety, hazard or property damage implications or where trees are in poor health pursuant to a professional recommendation.
(1) 
Flower, leaf or fruit fall causing nuisance.
(2) 
To increase general natural light.
(3) 
To enhance views.
(4) 
To allow for a proposed development.
(a) 
Note: vegetation removal would be considered under the development assessment process, and is not a valid reason for removal under the tree preservation.
(5) 
To reduce shade created by a tree.
(6) 
To reduce fruit, resin or bird/bat droppings on vehicles.
(7) 
Insect/animal nuisance.
(8) 
Minor lifting of driveways, paths and paving.
(9) 
Damage to fences due to branch failure.
(10) 
Minor damage to roof structures, outbuildings, garden structures, walls.
(11) 
Damage to underground services (such as sewer lines, water services and the like), where there are feasible alternatives to mitigate or solve problems and retain the tree, and the tree is significant.
(12) 
Construction of fences.
(13) 
Tree does not suit the existing or proposed landscape.
(14) 
Unsubstantiated fear of tree failure.
(15) 
To allow for landscape works.
(16) 
Dropping of dead wood (would be considered if tree is deemed a hazard.)
(17) 
Tree too large or high.
(18) 
Pruning to reduce height except where a hedge.
A. 
Before planting, all street trees must be inspected and approved by the Superintendent of Public Works, the Village Code Enforcement Officer, and/or their official designee.
B. 
So the Village Tree Board can determine the tree requirements for the proposed site, any person wishing to plant a tree under the provisions of this chapter shall make application to the Tree Board a request for tree planting. Subsequent to the application, the Tree Board and/or its designee will conduct a site assessment according to the policies, regulations and criteria established pursuant to this chapter. The applicant shall be notified of the findings of said site assessment and the recommendations therein within a reasonable time. No planting shall be undertaken until such site assessment has been completed and subsequent recommendations acted upon.
C. 
The Village Tree Board develops and maintains a list of appropriate and desirable trees for planting along streets in three size classes based on habitual growth and/or mature height: small (under 30 feet), medium (30 to 45 feet) and large (over 45 feet). Efforts shall be made to ensure a sufficient diversity of tree species. Lists of trees not suitable for planting will also be created by the Village Tree Board. (See designated list enumerating both appropriate and inappropriate trees, and Recommended Urban Trees: Site Assessment and Tree Selection for Stress Tolerance, Urban Horticulture Institute Department of Horticulture, Cornell University, Ithaca, NY, 2003.)
D. 
The selection of tree species shall be based on a site assessment. Over planting of one tree species can result in insect infestations and diseases leading to the destruction of a large number of trees in one area or even through the entire Village. The Village Tree Board shall endeavor to limit any one species of tree within a site to between 5% and 10% of a total number of trees planted within the Village when reviewing a site plan. As a result, the Village's tree population will be protected from widespread destruction due to insects and disease, ensuring a long-lived and healthy urban forest.
E. 
A site assessment shall also consider tree requirements such as:
(1) 
Hardiness zone.
(2) 
Light conditions.
(3) 
Heat.
(4) 
Wind.
(5) 
Soil pH.
(6) 
Soil texture/type.
(7) 
Soil compaction levels.
(8) 
Soil drainage characteristics.
(9) 
Salt levels from winter road spray.
(10) 
Utility wires/poles.
(11) 
Proximity to buildings, structures.
(12) 
Rooting space.
(13) 
Underground utilities.
The spacing of street trees will be in accordance with the three species size classes listed in § 230-10 of this chapter, and no trees may be planted closer together than those as determined by accepted allowable industry standards, or spacing requirements dictated by the species of the tree to be planted, except in special plantings approved by the Tree Board and/or designed or approved by a landscape architect or arborist.
The distance trees may be planted from curbs or curb lines and sidewalks will be in accordance with the three species size classes listed in § 230-10 of this chapter, and no trees may be planted closer to any curb or sidewalk than is advisable for the healthy development of root structure and preservation of surrounding infrastructure.
No street trees other than those species accepted as small trees by the Village Tree Board may be planted under or within 10 feet of any overhead three-phase or single-phase electric utility wire, and/or a distance determined to be satisfactory by the utility company (NationalGrid) forester/aborist.
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 insure public safety or to preserve or enhance the symmetry and beauty of such public grounds.
B. 
The Village Tree Board may remove or cause or order to be removed any tree or part thereof which is in an unsafe condition, or which by reason of its nature is injurious to sewers, electric power lines, gaslines, waterlines, or other public improvement, or is affected with an injurious fungus, insect or other pest. This section does not prohibit the planting of street trees by adjacent property owners, providing that the selection and location of said trees is in accordance with §§ 230-9 through 230-14 of this chapter.
C. 
It shall be the duty and responsibility of all property owners to maintain the grounds of public rights-of-way abutting the owner's property, regardless of whether such property is developed. This maintenance shall include watering as needed and keeping such areas free from weeds or any obstructions contrary to public safety.
D. 
Property owners shall be responsible for watering Village street trees, whether newly planted or mature, whenever said trees are deprived of their normal source of moisture. Such watering shall be continued during dry weather until the street tree becomes acclimated to the new environment, but need not exceed three years. All watering requirements shall be waived to the extent they are inconsistent with governmental restrictions on water use.
All tree pruning on public property shall confirm to the ANSI A300 standards for tree care operations and be done by the Municipal Tree Board, Superintendent of Public Works and/or his designee.
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. Crown reduction by a qualified arborist/forester may be substituted, where appropriate. 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 Board and/or Superintendent of Public Works.
A. 
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 severely obstruct the light from any street lamp or obstruct the view/sight lines of any street intersection and so that there shall be a clear space of 13 feet above the street surface or eight feet above the sidewalk surface. Such 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 or remove any tree or shrub on private property or 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 or sight triangle at intersections.
B. 
Tree limbs that grow near high voltage electrical conductors shall be maintained clear of such conductors by the electric utility company in compliance with any applicable franchise agreements. A utility tree-trimming policy shall be reviewed by the utility company and the Village Tree Board prior to any trimming by the utility company, to ensure proper trimming and pruning will be done without excessive and undue loss to the crown of the tree.
A. 
The Superintendent of Public Works shall have the right to cause the removal of any dead or diseased trees on private property within the Village of Medina 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 Code Enforcement Officer will notify, in writing, the owners of such trees by mail to the last known address as shown on the Village tax rolls. Removal shall be done by said owners at their own expense within 60 days of such notice.
B. 
In the event of failure of owners to comply with such provisions, the Village shall have the authority to remove such trees. The Code Enforcement Officer will notify, in writing, the owner of such trees by mail to the last known address as shown on the Village tax rolls. Such notification shall be made 10 days prior to any removal. The cost of removing such trees shall constitute a lien and charge upon the real property involved until paid or otherwise satisfied or discharged and shall be collected by the Village Treasurer in the manner provided by law for the collection of taxes.
C. 
Appeals of an order or decision to remove a tree under the provisions of this section may be made by a property owner to the Village of Medina Board of Trustees. Appeals shall be made in writing and submitted to the Village Clerk prior to the scheduled removal date. The Village Board of Trustees shall use the definitions, regulations and requirements contained in this chapter to reach a decision. A decision of any appeal shall be made within 60 days of receipt by the Village Clerk.
All stumps of street and park trees shall be removed a minimum of four inches below the surface of the ground so that the top of the stump shall not project above the surface of the ground.
A. 
In order to maintain the overall forest, reasonable efforts shall be made to replace trees that are removed and to protect quality trees that are endangered. Trees removed by decision of the Village Tree Board or by natural causes shall be replaced somewhere in the forest on a one-for-one basis within one year, depending on the availability of sufficient funds. The location and species of any replacement tree shall be determined by the Village Tree Board.
B. 
Trees of desirable species and good health shall be protected from damage during construction, sidewalk repair, utilities work above and below ground, and other similar activities. No person shall without first obtaining a written permit from the Village Building Department:
(1) 
Undertake any construction or development activity (including but not limited to the excavation of any ditches, tunnels, or trenches, or the laying of pavement) within the dripline or radius of 10 feet, whichever is greater, of any Village tree or shrub.
(2) 
Move or park vehicles associated with any construction or development activity which may damage or affect any tree or shrub on Village property.
C. 
The zone of protection shall include the ground beneath the canopy of the tree and shall be enclosed with a substantial fence, frame, or box centered around the tree, not less than four feet high. Unless the Superintendent of Public Works and the Village Tree Board, for good cause, determine otherwise, all trees or shrubs on any public street or any other Village-owned property directly impinging on any excavation or construction of any building, structure or street work shall be guarded as follows:
(1) 
For trees or shrubs with a crown spread of eight feet or less, a substantial fence, frame, or box not less than four feet high and eight feet square shall surround the tree or shrub;
(2) 
For trees or shrubs with a crown spread of over eight feet, a fence not less than four feet high shall be placed at least at the tree or shrub's dripline or at a radius of a distance in feet from the tree equal to the diameter of the trunk in inches DBH (diameter breast height: four feet), whichever is greater. All building material, dirt, or other debris shall be kept outside this barrier.
D. 
If a threat to life, property, vital utility, significant health, safety, hazard or property damage exists, the Superintendent of Public Works and/or the Code Enforcement Office shall have the right to waive the provisions of § 230-22. Protection of trees, and take whatever action is necessary to preserve life, property, utilities, health and safety.
No person shall deposit, place, store, or maintain upon any public place of the municipality any stone, brick, sand, wood, steel, concrete, asphalt products or other materials which may impede the free passage of water, air or fertilizer to the roots of any tree growing therein, except by written permit of the Code Enforcement Officer.
Under no circumstance shall any person cut, carve, transplant, top, or remove otherwise injure, or injure with intent to harm any public tree; attach any rope, wire, nails, advertising posters, or other contrivance to any such tree; allow any gaseous, liquid or solid substance which is harmful to trees to come in contact with them; or to set fire or permit any fire to burn when such fire or the heat thereof will injure any portion of any tree.
It shall be unlawful for any person to prevent, delay or interfere with the Village Tree Board 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 private grounds as authorized in this chapter.
A. 
It shall be unlawful for any person or firm to engage in planting or transplanting of a tree or trees on public lands as defined in this section without first obtaining a written permit as a result of an approval of a tree site plan review by the Village Tree Board.
B. 
It shall be unlawful for any person or firm to engage in the business or occupation of pruning, treating, or removing street, park, or public trees, bushes, shrubs, or woody vegetation on public property without obtaining a written permit from the Village Building Department, the application of which being subject to review by the Village Tree Board. Each applicant shall possess and show proof of a current New York State Arborist License, be a certified nurseryman, or submit written evidence of proficiency in the care of trees.
C. 
The permit fee shall be established from time to time by the Board of Trustees.[1] Said fees will be placed in a dedicated fund for the purpose of reforestation efforts within the Village. No written permit shall be required of any public service company, including electric utilities and their agents and contractors, or Village employee doing such work in the pursuit of their public service endeavors. Further, pruning, planting, removing or any other tree work done on public trees by volunteers or Village employees under the supervision and operation of the Superintendent of Public Works or Village Code Officer shall not require a permit under this section. Each permit shall run for a period of not longer than one year from the date of issue.
[1]
Editor's Note: The current Fee Schedule is on file in the office of the Village Clerk.
D. 
Before any permit shall be issued, each applicant shall first file evidence of possession of liability insurance in the minimum amounts of $1,000,000 for bodily injury or death, and $100,000 property damage, indemnifying the Village or any person injured or damaged resulting from the pursuit of such endeavors as herein described.
A. 
Should a dispute arise in the administering of this chapter, an appeal can be requested by petitioning, in writing, the Superintendent of Public Works and the Code Enforcement Officer. Together, the Superintendent of Public Works and the Code Enforcement Officer will have 10 working days to reply in writing.
B. 
Should this provide an unsatisfactory resolution, a second appeal can be requested by petitioning the Municipal Tree Board. In such event, the Municipal Tree Board shall consult with the Superintendent of Public Works and the Code Enforcement Officer. The Municipal Tree Board will have 10 working days from the filing of the second appeal to reply in writing.
C. 
Should this also provide an unsatisfactory resolution, a third appeal can be requested by petitioning the Municipal Planning Board. The Municipal Planning Board will act upon the petition within 30 days from the date of receiving the petition.
D. 
Reviews by the Municipal Planning Board shall be conducted based on the same record that was before the Superintendent of Public Works, the Code Enforcement Officer and the Village Tree Board, and use the same criteria.
A. 
Any person who violates any provision of this chapter shall be subject to a fine payable to the Village of Medina of not less than $125 and not more than $250 each day of the violation. No penalty shall be assessed for failure to act during any notice period.
B. 
In addition, if, as a result of the violation of any provision of this chapter, the injury, mutilation, or death of a tree, shrub, or other plant is caused, the cost of repair or replacement of such tree, shrub, or other plant shall be borne by the person in violation. The replacement value of trees and shrubs shall be determined in accordance with the current edition of Valuation of Landscape Trees, Shrubs, and Other Plants, as published by the International Society of Arboriculture, and/or current market value.