[HISTORY: Adopted by the Board of Trustees of the Village
of Cayuga Heights 5-13-2013 by L.L. No. 2-2013. Amendments noted where applicable.]
The purpose and intent of this chapter is to promote and protect
the public health, safety and general welfare in the Village of Cayuga
Heights by providing for the regulation of the planting, maintenance,
protection and removal of public trees and shrubs located within the
right-of-way of any public street or in public parks or on other Village
property. It also establishes the office of a Village Forester and
a Shade Tree Advisory Committee and provides for the issuing of permits
for the planting, maintenance, protection and removal of public trees
and shrubs.
This chapter shall be known and may be cited as the "Village
of Cayuga Heights Street Tree and Shrub Protection and Planting Law."
When used in this chapter, the following words and phrases will
have the following meanings:
The person, firm, entity, or corporation owning property
bordering a Village street and the municipal right-of-way. The adjacent
property owner to a public tree shall be the owner of property located
on a perpendicular with the street line through the center of the
tree four feet above the edge of pavement of a roadway.
The diameter in inches of the tree trunk 12 inches above
the base of the tree.
That which is required to maintain the health and vigor of
a tree or shrub in accordance with best silvicultural practices.
A person, company or organization employed to supply necessary
skills and services in pruning, trimming or removing trees and shrubs.
Physical or chemical injury or harm done to any tree or shrub.
Tree trunk diameter measured in inches at a height of four
feet six inches above the finished grade at the base of the tree.
Any act, treatment or process that will change the shape,
growing conditions, health, size or density of a tree or shrub.
A vertical line extending from the outermost edge of the
tree canopy or shrub branch to the ground.
The application of substances to the plant or the surrounding
soil which are required for the optimal growth and health of the tree
or shrub.
To keep a tree or shrub in maximum health and vigor.
Any thing or act that unreasonably annoys or disturbs a person,
interferes with a person's use of his or her property, or violates
the public health, safety and welfare.
All property owned by the Village or public street rights-of-way
within the Village.
To remove dead or living parts from a tree or shrub so as
to increase health, vigor and form.
The land bordering the travelled area of a Village public
street, road or highway owned and maintained by the Village to the
width owned by the Village or otherwise as prescribed by applicable
law.
A tree or shrub located on publicly owned land or within
the public street right-of-way.
To take away and remove a tree or shrub, including the stump
to below ground level.
The removal of a dead, dying or diseased tree or shrub followed
by the planting of a tree or shrub of the same or different species
in the same or adjacent location.
Cutting back the underground tree roots inside the dripline
of the tree that will be detrimental to the life of the tree.
Woody plant with more than one main stem emerging from the
ground.
Severe cutting back of limbs to stubs larger than three inches
in diameter within the tree crown to such degree so as to remove the
normal canopy and disfigure the tree.
A woody plant with a single central axis (trunk) emerging
from the ground and acquiring a minimum height of 10 feet at maturity.
An entity that provides electricity, gas, sewer, water, telephone
or cable television to properties within the Village.
A.
The office of Village Forester is hereby established as an uncompensated,
volunteer position.
B.
The Village Forester shall be a resident of the Village appointed
by the Mayor, subject to approval by the Board of Trustees, for a
term of three years.
C.
The Village Forester, in consultation with the Shade Tree Advisory
Committee and the Department of Public Works, shall have the authority
to implement the provisions of this chapter.
D.
In the absence of the Village Forester, the duties of that office
shall be the responsibility of the Village Code Enforcement Officer.
A.
Establishment, membership, terms:
(1)
The Village Board of Trustees shall create an advisory committee
known as the "Village of Cayuga Heights Shade Tree Advisory Committee."
(2)
The Shade Tree Advisory Committee shall consist of three members,
including the Village Forester, all of whom shall be residents of
the Village. In addition, the Village Code Enforcement Officer, the
Superintendent or Assistant Superintendent of the Department of Public
Works, and a member of the Village Board of Trustees shall serve as
ex officio members of the Committee. Each Committee member shall be
appointed by the Mayor, subject to approval by the Board of Trustees.
(3)
Committee members shall be uncompensated volunteers and, other than
the Village Forester, shall be appointed initially as follows: one
member shall be appointed for a term of one year and one member shall
be appointed for a term of two years. Thereafter, all appointments
shall be for three years.
(4)
If a Committee member does not serve the full term for reasons other
than the expiration of the term, the Mayor shall appoint a successor,
to serve for the unexpired term.
B.
Committee duties.
(1)
The Shade Tree Advisory Committee, in consultation with the Department
of Public Works, shall have the authority to adopt rules and regulations
regarding arboricultural specifications and standards of practice,
such as Arboricultural Specifications and Standards of Practice of
the International Society of Arboriculture as published under American
National Standard for Tree Care Operations (ANSI A300), and such additional
rules and regulations as the Committee determines are necessary to
govern the planting, maintenance, removal, fertilization, pruning
and protection of trees and shrubs located on public streets, parks
or other Village property.
(2)
The Shade Tree Advisory Committee shall establish a suggested tree
species list for the Village and recommend to the Village the type
and kind of trees and shrubs to be planted upon Village property.
(3)
The Shade Tree Advisory Committee, in consultation with the Department
of Public Works, shall identify for removal trees and shrubs located
on public streets, parks or other Village property.
(4)
The Shade Tree Advisory Committee shall provide every five years
a written management plan for the long-range care and preservation
of public trees and shrubs located on public streets, parks or other
Village property.
C.
Meetings.
(1)
The Shade Tree Advisory Committee shall meet a minimum of six times
each year. The Committee may call additional meetings as needed.
(2)
Committee members shall be required to attend a minimum of 65% of
all regularly scheduled meetings within any consecutive twelve-month
period. Any member of the Committee may be removed by the Mayor, after
a public hearing, for noncompliance with these minimum requirements.
A.
The Village of Cayuga Heights or its agent shall have the right to
plant, prune, maintain and remove trees, plants and shrubs located
on public streets, parks or other Village property as may be necessary
to preserve and protect public trees and shrubs in a safe and healthy
condition and to ensure public safety.
B.
The Village Forester may recommend a public tree or part of a public
tree be removed if the tree or tree part:
(1)
Poses a potential public safety risk or hazard; or
(2)
Causes an unsafe condition; or
(3)
By its nature, is injurious to sewers, electric power lines, gas
lines, waterlines, sidewalks, roads, or other public improvements;
or
(4)
Is affected or is likely to be affected with any injurious fungus,
disease, insect or pest.
A.
No person, utility, or Village agency shall plant, spray, fertilize, prune, remove, replace or otherwise disturb any public tree or shrub on any public street, park or other Village-owned property without first submitting a written request therefor and obtaining written permission from the Village Forester. Requests for written permission shall be acted on within five business days of filing the written request with the Village Forester. All work for which such permission is given shall be done in accordance with rules and regulations regarding arboricultural specifications and standards of practice adopted pursuant to § 248-5 of this chapter.
B.
Persons, utilities, or Village agencies conducting regular maintenance
work on public trees or shrubs on any public street, park or other
Village-owned property may be granted general permits to cover their
work on a yearly basis.
C.
Whenever a person, utility, or Village agency obtains written permission pursuant to Subsection A of this section to remove a public tree or shrub from any Village-owned land for the purpose of construction or for any other reason, such person, utility, or agency shall subsequently replace the tree or shrub within one year of the issuance of the tree-removal permit in a location or locations to be determined by the Village Forester somewhere in the Village or have the Village replace such tree or shrub at the expense of the person, utility, or agency who obtained such permission. Such replacement shall meet the standards of size, species and placement as provided for in the tree removal permission issued by the Village Forester. Unless the Village Forester, for good cause, determines otherwise, trees shall be replaced by the caliper inch, such that for every inch of diameter (DBH) removed, an equal number of caliper inches shall be replaced (e.g., the removal of one twelve-inch DBH tree shall necessitate the planting of six two-inch caliper trees or four three-inch caliper trees, etc.). Unless approved otherwise by the Village Forester or Superintendent of the Department of Public Works, all tree work, including pruning, planting, and removal, will be done by the Village of Cayuga Heights Department of Public Works.
D.
It is the responsibility of the Village Forester, in consultation
with the Department of Public Works, to determine whether trees or
shrubs located on Village-owned property are hazardous and to remove
dead or hazardous trees or shrubs from Village-owned property. If
replacement is recommended by the Village Forester, the Village shall
replace the tree or shrub within one year of removal.
E.
Wherever it is necessary to remove a tree or shrub from a public
right-of-way in connection with the paving of a sidewalk or with the
paving, improvement, or widening of a street, the Village or responsible
agency, utility, or person shall replant such tree or shrub or replace
it. If conditions prevent planting within the right-of-way, this requirement
may be satisfied by planting on the adjoining property if the adjacent
property owner agrees.
F.
Requests from adjacent property owners that the Village plant new
street trees in the public right- of-way near their property shall
be accommodated in accordance with planting priorities set by the
Village Forester in consultation with the Shade Tree Advisory Committee
and the Department of Public Works.
[Amended 10-21-2019 by L.L. No. 5-2019]
G.
Specifications governing tree species, size, spacing and method and
location of planting shall be approved by the Village Forester. Inspection
of the trees by the Village Forester shall be carried out, whenever
possible, prior to planting in order to ensure tree health and quality.
Whenever any person is required to replace a tree for the purpose
of compliance with this section, a one-year guarantee of the tree's
health shall be provided for such replacement trees.
H.
Excavation within the street right-of-way for the purpose of compliance
with this section shall not be undertaken without a permit from the
Village Engineer.
I.
A property owner who plants a tree in the public street right-of-way
without a permit approved by the Village Forester may be required
to remove the tree at the property owner's expense.
[Added 10-21-2019 by L.L.
No. 5-2019]
J.
A permit is not required by a property owner to plant shrubs, flowers,
or other plant materials in the public street right-of-way as long
as such flowers, shrubs, or other plant materials do not grow taller
than two feet above the curb height and do not interfere with pedestrian
or vehicular traffic and do not diminish pedestrian or vehicular safety.
[Added 10-21-2019 by L.L.
No. 5-2019]
K.
Trees, shrubs, flowers, or other plant materials planted by a property
owner in the public street right-of-way become the property of the
Village and may be removed at any time by the Village for reasons
including, but not limited to, vehicle and pedestrian safety, interference
with public utilities or public improvements, and affliction with
pests or a disease that may cause a threat to other trees or shrubs.
The property owner will not receive any compensation for loss of plantings
in the public street right-of-way if removed.
[Added 10-21-2019 by L.L.
No. 5-2019]
A.
No person or utility shall plant, spray, fertilize, treat, prune,
remove, cut above ground, disturb the root system or otherwise disturb
any public tree or shrub on any Village street, park or public place
without a permit obtained from the Village Forester.
B.
No person shall fasten or attach to any tree any sign, poster, bill,
notice or advertisement of any kind.
[Amended 10-21-2019 by L.L. No. 5-2019]
C.
No person or utility shall cause or permit any brine, oil, gasoline,
liquid dye or other substance deleterious to tree life to lie, leak,
pour, flow or drip on or into the soil about the base of a tree which
could injure such tree.
D.
No person shall fasten or cause to be fastened any animal to a tree
in any street or public place or permit any animal owned by him or
in his charge to stand so near any such tree that the tree may be
gnawed or otherwise injured by the animal.
E.
No trees shall be planted or allowed to grow on private or public
lands within the limits of, or which will interfere with, any drainage,
sewer, water, or utility easement.
A.
Without written permission from the Village Forester, no person,
utility, or Village agency shall:
(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 of any public trees
or shrubs located on public streets, parks or other Village property.
(2)
Move or park vehicles associated with any construction or development
activity which may affect any public trees or shrubs located on public
streets, parks or other Village property.
B.
Protection during construction or excavation.
(1)
Unless the Village Forester, for good cause, determines otherwise,
all public trees or shrubs located on public streets, parks or other
Village property that may be affected by any excavation or construction
of any building, structure or street work shall be guarded as follows:
(a)
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.
(b)
For a tree or shrub with a crown spread 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 distance prescribed by the Village Forester.
(2)
All building material, stockpiled soil, or debris shall be kept outside
these barriers.
C.
No person, utility, or Village agency shall deposit, place, store
or maintain upon any public place of the Village any stone, brick,
sand, concrete or other materials which may impede the free passage
of water, air and fertilizer to the roots on any tree or shrub growing
thereon, except by written permit of the Village Forester.
A.
It shall be unlawful for any person, firm, entity, corporation, or
utility to top any public tree or shrub, or to engage in severe root
pruning.
B.
Trees severely damaged by storms or certain trees under utility wires
or other obstructions, where other pruning practices are impractical,
may be exempted from this chapter upon the written permit of the Village
Forester.
[Amended 1-18-2023 by L.L. No. 1-2023]
A.
It shall be the duty of any person or utility owning real property
bordering on any property owned by the Village, including, but not
limited to, any public street or park, at their own expense, to prune
or remove any trees located upon their property which are dead, harbor
insects or disease, or which are so damaged as to be a public nuisance
or in danger of falling, thereby potentially causing damage to person
or property on any such adjacent property owned by the Village, including,
but not limited to, any public right-of-way or park.
B.
It shall be the duty of any person or utility owning real property
bordering on any property owned by the Village, including, but not
limited to, any public street, at their own expense, to ensure that
trees and shrubs located upon their property are pruned in a manner
that they do not obstruct or shade streetlights, obstruct the passage
of pedestrians on sidewalks, obstruct vision of traffic signs or obstruct
the view of any street or sidewalk intersection.
C.
The Village Forester may deliver to the property owner written notification that a tree or shrub located upon their property should be pruned or removed for the reasons stated in Subsection A or B above. The property owner shall have 15 days after the date of service of the notice to confirm its receipt and to inform the Village Forester or Code Enforcement Officer as to when the tree or shrub shall be pruned or removed. After so informing the Village Forester or Code Enforcement Officer, the property owner shall prune or remove the tree or shrub within 60 days unless the Village Forester or Code Enforcement Officer delivers to the property owner written notice that such work is required to occur sooner than such sixty-day period. If the property owner fails to comply with such provisions, the Village may prune or remove the tree or shrub and deliver to the property owner an invoice for the Village's cost of pruning or removal.
D.
Notwithstanding the terms of Subsection C above, in the case of any tree located on private property, (a) which tree was the subject of a notice delivered to the property owner in accordance with Subsection C above, that falls and obstructs any property owned by the Village, including, but not limited to, any public right-of-way or park, or (b) which tree poses an imminent threat to person or property on any property owned by the Village, including, but not limited to, any in the right-of-way or park, and, whether due to the tree's size, its proximity to electrical utilities, or some other factor, must be removed on an emergency basis by a professional tree care management company, the Village may arrange for said removal and deliver to the property owner an invoice for the Village's cost of removal.
E.
If the property owner objects to payment of the invoice described in either Subsection C or D above, the property owner may appeal the requirement to pay such costs by written notice delivered to the Village Board of Trustees within 30 days of the date of such invoice, and the Village Board will consider such appeal at its next regularly scheduled Board meeting following receipt of such appeal. If the property owner does not deliver to the Village payment of the Village's cost of such pruning or removal within 60 days of the Village's delivery of the invoice, and the Village Board has denied the property owner's appeal of such invoice, the cost stated on such invoice shall be added to the next real estate tax bill for the subject property.
[Amended 10-21-2019 by L.L. No. 5-2019]
If trees or shrubs are interfering with utilities, including, but not limited to, overhead utility wires, it is the responsibility of the appropriate utility company to correct the situation. Prior to commencing any action pursuant to this § 248-12, the appropriate utility company shall give the Village Forester written notice of at least 10 business days.
A.
This chapter shall not govern any emergency activity immediately
necessary to protect life, safety or property or to provide access
to any property. Any such emergency activity shall incorporate reasonable
efforts to protect trees and shrubs on Village property from unnecessary
damage.
B.
Any person, utility, or Village agency engaged in any action covered by Subsection A shall make a reasonable effort to notify the Village Forester prior to commencing that action and shall, in any event, provide written notice of the emergency and the work done to the Village Forester reasonably promptly after commencing that work.
[Amended 10-21-2019 by L.L. No. 5-2019]
No person shall hinder, prevent, delay, or interfere with the
Village of Cayuga Heights or its agents, including the Village Forester
or Shade Tree Advisory Committee members, while engaged in carrying
out the enforcement of this chapter or duly adopted regulations.
[Amended 10-21-2019 by L.L. No. 5-2019]
Any person, utility, firm, entity, or corporation violating
or failing to comply with any of the provisions of this chapter shall
be guilty of a violation, and upon conviction thereof shall pay the
cost of rectifying damage to any tree or shrub on Village-owned property
and be fined, for a first offense not less than $50 and not more than
$250, for a second offense not less than $100 and not more than $250,
and for any additional offense not less than $150 and not more than
$250, or both such fine and imprisonment.
Should a dispute arise in the administering of this chapter,
an appeal can be requested by petitioning, in writing, the Village
Forester. The Village Forester will have 10 working days to reply
in writing. Should this provide an unsatisfactory resolution, a second
appeal can be requested by petitioning the Code Enforcement Officer.
In such event, the Code Enforcement Officer shall consult with the
Village Forester. The Code Enforcement Officer will have 30 working
days from the filing of the second appeal to reply in writing. Should
this also provide an unsatisfactory resolution, a third appeal can
be requested by petitioning the Board of Trustees. The Board of Trustees
will act upon the petition within 60 days from the date of receiving
the petition.
