[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:
B. Medium trees: three 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.