[HISTORY: Adopted by the Board of Trustees of the Village
of Morrisville 9-8-2016 by L.L.
No. 5-2016. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Tree Regulations
of the Village of Morrisville, New York".
The purpose of these regulations is to support the preservation
and proper maintenance of trees on public property within the Village
of Morrisville as necessary to protect the health, safety and general
welfare of the residents of, and visitors to the Village of Morrisville.
These tree regulations are to be used in conjunction with, and be
supportive of, any tree or forest management plan adopted by the Village
of Morrisville Board of Trustees.
As used in this chapter, the following terms shall have the
meanings indicated:
Trees, shrubs and all other woody vegetation in designated
public parks and on real property owned by the Village to which the
public has free access as a park.
Any area of real property within the Village limits solely
owned by the Village.
Trees, shrubs and all other woody vegetation on land lying
between the street line and the curb or pavement edge of all streets,
avenues or ways within the Village.
The reduction of tree size using internodal cuts without
the regard to tree health or structural integrity.
That portion of the street right-of-way that is not covered
by an impervious surface, lying between the front property line and
the curb, street line or portion of the public right-of-way used for
vehicular traffic.
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LARGE — Tree species with a mature height in excess of
40 feet.
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MEDIUM — Tree species with a mature height between 26
feet and 40 feet.
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SMALL — Tree species with a mature height less than 26
feet. These species shall be considered for sites under electric facilities.
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Any activity that causes the removal of any part of the tree,
above or below ground, including, but not limited to, pruning, shearing,
clearing, cabling, complete removal, root cutting, stump grinding,
the application of fertilizers and/or pesticides above or below ground,
or the planting of tree(s).
All species of woody plants having five or fewer major stems
and having a mature height in excess of 10 feet.
The Village of Morrisville.
The Village Arborist shall be an individual with demonstrated
expertise in one or more areas reasonably related to the mission and
function of the Village Tree Commission and the objectives of these
regulations, who shall be appointed by the Mayor subject to the approval
of the Village Board to serve at the pleasure of the Village Board
as an advisor to the Village Tree Commission and the Board of Trustees.
The Village Arborist may be a member of the Village Tree Commission,
but shall not be required to be a member of the Commission.
There is hereby created and established a Village Tree Commission
of the Village of Morrisville, New York (herein referred to as "the
Commission"). The Commission shall consist of five members, who shall
be annually designated by the Mayor at the annual organizational meeting
of the Board and approved by the Board of Trustees. One member shall
be appointed by the Mayor as Chair of the Commission. Additional individuals
interested in the work of the Commission may join the Commission and
serve as ad hoc members of the Commission upon the approval of the
Chair of the Commission and the Mayor and Board of Trustees, but shall
not have voting rights on the Commission.
Members of the Commission shall serve without compensation.
The Village Arborist may be compensated for her or his services in
such amount and upon such terms as may be approved by the Board of
Trustees.
A.Â
It shall be the responsibility of the Commission to study, investigate,
counsel and, upon the assistance and advice of the Superintendent
of the Department of Public Works, develop and/or update as needed,
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 within the Village of Morrisville. Such
plan, when approved by the Board of Trustees, shall constitute the
Village of Morrisville tree management plan. Such plan shall be reviewed
and updated from time to time by the Commission. The Commission, 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 purpose.
B.Â
The Village Arborist and DPW Superintendent shall be responsible
for advising the Commission and the Board of Trustees with respect
to any tree work on public grounds.
C.Â
The Commission shall promote and supervise the development of a tree
inventory for Street and Park trees. The inventory shall be updated
as needed.
D.Â
The Commission shall consider, investigate, report and recommend
to the Board of Trustees upon any law, policy, or guideline or any
special matter concerning trees within the Village.
E.Â
The Commission shall provide recommendations to the Board of Trustees
and to the Planning Board, as requested, regarding land-clearing and
tree planting plans for new development throughout the Village.
F.Â
The Commission Chair shall preside over all proceedings of the Commission.
The presence of at least three Commission members shall constitute
a quorum. In the absence of the Chair, the members present shall designate
a temporary chair to preside over the meeting. Minutes of all Commission
meetings shall be taken and provided to the Village Clerk to remain
on file and available to the public for review.
It shall be unlawful for any person to prevent, delay or interfere
with the functions of the Commission or the Village, or any of their
agents, while engaging in and about the planting, cultivating, mulching,
pruning, spraying or removing of any street trees, park trees or trees
on public grounds, as authorized in this chapter.
New plantings on public grounds will be deemed a memorial tree
if the donor has supported the full purchase price of the tree. Donors
will have the memorial designated in the Village's tree inventory
but will not garner rights to the future decision(s) regarding its
maintenance or removal.
Upon the advice of the Village Arborist and the DPW Superintendent,
the Commission shall develop and submit to the Board of Trustees for
approval a list, by tree species and size, of small, medium and large
trees, which shall constitute the Village's approved list of
trees which may be planted as street trees.
No street tree shall be planted closer than 35 feet to any street
corner, measured from the point of the nearest intersecting curbs
or curb lines, or be planted closer than 10 feet to any fireplug,
except in special plantings designed or approved by the Village Tree
Commission and in accordance with all other applicable codes. The
spacing of street trees will be in accordance with the three species
size classes of small, medium or large. No trees may be planted closer
together than the following: small trees, 30 feet; medium trees, 40
feet; and large trees, 50 feet; except in special plantings designed
or approved by the Village Tree Commission and in accordance with
all other applicable codes. No street trees other than species defined
as small trees may be planted under or within 10 lateral feet of any
overhead utility wire, or over or within five lateral feet of any
underground water or sewer line, or other utility transmission facilities.
A.Â
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 aesthetics of such
public grounds.
B.Â
The Village may remove or cause or order to be removed, any tree
or part thereof on public grounds which is in an unsafe condition
or 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.
All tree plantings and tree work upon public grounds shall be
performed in accordance with current ANSI A300 standards and International
Society of Arboriculture Best Management Practices.
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. 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 prohibition
upon the determination of the Village Tree Commission and the Board
of Trustees.
A.Â
Tree removal and replacement. Trees removed upon the recommendation
of the Commission or by natural causes shall be replaced on Village
property on a one-for-one basis within one year as budget allocations
permit. The Village Board shall consider the Tree Commission's
recommendation for the location and species of any replacement trees.
B.Â
Any tree on public grounds that has been removed without permission,
or damaged to such an extent that it must be removed, shall be replaced
within one year at the expense of the party responsible for the removal
or damage.
C.Â
The total circumferential stem area of the replacement trees must
equal the circumferential stem area of the removed (or damaged) tree,
when measured at DBH (diameter at breast height - 4.5 feet above grade)
for large trees (over 12 inches) or at the appropriate caliper point
for smaller trees (six inches or 12 inches) as per the most current
ANSI American Standards for Nursery Stock.
D.Â
The replacement tree/trees must survive for two years with 80% live
crown. If the replacement tree/trees does not or do not survive for
two years with 80% live crown, the tree shall again be replaced within
one year by the party responsible for the original removal or damage.
E.Â
Protective from damage. Village Trees planted on public grounds shall be protected from damage during above or below ground construction and repair. The zone of protection shall include the area below the extent of the tree limbs, plus 25% beyond that distance of the tree for a total of 125% of the tree crown area. Measures to avoid damages, breakage or unintended removal of tree limbs and/or abrasions, debarking or other injuries to trunk of the tree shall also be utilized per current arboricultural industry 'best management practices'. Where such damages occur and are irreparable or severe enough to warrant removal, upon review of the Tree Commission and approved by a certified arborist, the replacements shall be in accordance with § 165-15. Any possible repairs that can be made that assure the health and survival of the tree(s) shall be at the expense of responsible party or contractor causing such damages.
F.Â
Abuse or mutilation of public trees. No person shall damage, cut, burn, carve, transplant or remove any tree upon public grounds, or attach thereto any rope, wire, nails, posters or public announcements or other contrivance except for those required to adhere to the applicable ANSI Standard or ISA Best Management Practice. Should such abuse or mutilation cause the tree(s) to fail within four years of the incident, the person(s) causing the loss shall be responsible for the replacement of the tree(s) in accordance with this § 165-14.
The Village shall have the authority, upon prior consultation
with the property owner, to prune the branches of the portion of any
tree overhanging any street or right-of-way or other public property
within the Village so that such branches shall not substantially obstruct
the light from any street lamp to the adjoining street or sidewalk,
or obstruct the line of sight for motorists or pedestrians at any
street intersection, and so that there shall be a clear space of eight
feet above the surface of the street or sidewalk. The Village shall
have the authority to prune the portion of any tree or shrub which
overhangs public property when it substantially interferes with the
ability of drivers or pedestrians to pass freely or the Village's
ability to maintain a public sidewalk, street, park or parking area,
or interferes with the visibility of any traffic control device or
sign.
All stumps of street and park trees shall be removed to at least
eight inches below the surface of the ground including any exposed
surface roots.
Any person violating any provision of this chapter shall be
guilty of a violation and, upon conviction or a plea of guilty, shall
be subject to a fine not to exceed $250 for each violation.
Should any part or provision of this chapter be declared by
a court of competent jurisdiction to be invalid, the same shall not
affect the validity of the chapter as a whole or, of any part thereof
other than the part held invalid.
