[HISTORY: Adopted by the Board of Trustees of the Village of Manchester 3-19-1984 by L.L. No. 2-1984 (Ch. 92 of the 1980 Code). Amendments noted where applicable.]
This chapter shall be known as the "Tree Local Law."
It is the purpose of this chapter to provide for the development and administration of a plan for the care, planting, preservation, removal and/or disposition of trees and shrubs in the Village of Manchester, consistent with the goal of beautifying the Village of Manchester.
As used in this chapter, the following terms shall have the meanings indicated:
PARK TREES
Trees, shrubs, bushes and all other woody vegetation in public parks having individual names, and all areas owned by the Village or to which the public has free access as a park.
STREET TREES
Trees, shrubs, bushes and all other woody vegetation on land lying between property lines on either side of all streets, avenues or ways within the Village.
A. 
Establishment. There is hereby created and established a Village Tree Commission for the Village of Manchester, New York, which shall consist of seven members, citizens and residents of this Village, who shall be appointed by the Mayor with the approval of the Village Board.
B. 
Terms of office. The terms of the seven persons to be appointed by the Mayor shall be three years. In the event that a vacancy shall occur during the term of any member, his successor shall be appointed for the unexpired portion of the term.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C. 
Compensation. Members of the Commission shall serve without compensation.
D. 
Powers and duties. It shall be the responsibility of the Commission to study, investigate, counsel and develop and/or update annually and administer 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. Such plan will be presented annually to the Village Board and, upon its acceptance and approval, shall constitute the official comprehensive Village tree plan for the Village of Manchester, State of New York. The Commission, when requested by the Village Board, shall consider, investigate, make finding, report and recommend upon any special matter of question coming within the scope of its work.
E. 
Operation. The Commission shall choose its own officers, make its own rules and regulations and keep a journal of its proceedings. A majority of the members shall be a quorum for the transaction of business.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
No species other than those included in the annual comprehensive community tree plan may be planted as street trees without the written permission of the Village Tree Commission. "Small," "medium" and "large" trees regulated by other provisions of this chapter shall be determine in accordance with said community tree plan.
No trees may be planted closer together than the following: small trees: 30 feet; medium trees: 40 feet; and large trees: 50 feet, as defined in the annual comprehensive community tree plan, except in special planting designed or approved by a landscape architect.
No trees may be planted closer to any curb or sidewalk than the following:
A. 
Small trees: two feet.
B. 
Medium trees: three feet.
C. 
Large trees: four feet.
No street tree shall be planted closer than 35 feet of any street corner, measured from the point of the nearest intersecting curbs or curblines. No street tree shall be planted closer than 10 feet from any fireplug.
No street tree other than those listed as small trees in the annual comprehensive community tree plan 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 line, sewer line, transmission line or utility.
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 symmetry and beauty of such public grounds. The Village Tree Commission 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, gas lines, water lines or other public improvements or is affected with any injurious fungus, insect or other pest. This section does not prohibit the planting of street trees by adjacent property owners, provided that the selection and location of said trees is in accordance with §§ 260-5 through 260-9 of this chapter.
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. 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 exempt from this chapter at the determination of the Village Tree Commission.
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 obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of eight feet above the surface of the street or sidewalk. Said 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 any tree or shrub on private property 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.
The Village shall have the right to cause the removal of any dead or diseased trees on private property within the Village 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 Village Tree Commission will notify in writing the owners of such trees. Removal shall be done by said owners at their own expense within 60 days after the date of service of notice. In the event of the failure of owners to comply with such provisions, the Village shall have the authority to remove such trees and charge the cost of removal on the owners' property tax notice.
All stumps of street and park trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground.
It shall be unlawful for any person to prevent, delay or interfere with the Village Tree Commission, 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.
Any person violating any provisions of this chapter shall, upon conviction, be punishable as provided in Chapter 1, General Provisions, Article I, General Penalty, of the Code of the Village of Manchester.
The Village Board shall have the right to review the conduct, acts and decisions of the Village Tree Commission. Any person may appeal from any ruling or order of the Village Tree Commission to the Village Board, who may hear the matter and make final, decision.