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.
CODE ENFORCEMENT OFFICE
The designated agency of the Village of Albion 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.
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 Albion, 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
Albion 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.
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.
There is hereby created and established a Village Community
Forest Advisory Board for the Village of Albion, which shall consist
of five members, citizens and residents of Orleans County and the
greater Albion area, with the Code Enforcement Officer and the Superintendent
of Public Works serving as ex officio members.
The term of the five persons to be appointed by the Mayor shall
be five years, except that the term of the members appointed to the
first Board shall be for only one through five years for each member.
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.
Members of the Board shall serve without compensation.
The spacing of street trees will be in accordance with the three species size classes listed in §
200-10 of this chapter, and no trees may be planted closer together than the following: small trees, 15 feet; medium trees, 25 feet; and large trees, 35 feet; except in special plantings approved by the Community Forest Advisory Board and/or designed or approved by a landscape architect or arborist.
The distance trees may be planted from curbs or curblines and sidewalks will be in accordance with the three species size classes listed in §
200-10 of this chapter, and no trees may be planted closer to any curb or sidewalk than two feet for small trees, three feet for medium or large trees.
No street tree shall be planted so as to obstruct the sight
lines of vehicular traffic at any intersection or corner. No street
tree shall be planted within 10 feet of any fireplug.
No street trees other than those species accepted as small trees
by the Village Community Forest Advisory Board may be planted under
or within 10 feet of any overhead three-phase or single-phase electric
utility wire.
All tree pruning on public property shall confirm to the ANSI
A300 standards for tree care operations and be done by Village Department
of Public Works or contractors authorized by the Village Department
of Public Works and approved by the Village Board.
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 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 Community Forest
Advisory Board and/or Superintendent of Public Works.
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.
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 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 bum 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 Community Forest Advisory 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.
Any person aggrieved by a decision of the Village Community
Forest Advisory Board, Code Enforcement Officer, or Superintendent
of Public Works may, within 15 days of filing of the decision in the
Village Clerk's office, file a written appeal with the Village
Board of Trustees for review of the decision. Reviews shall be conducted
based on the same record that was before the Village Community Forest
Advisory Board and use the same criteria. After review, the Village
Board of Trustees may reverse or affirm, or modify, or modify and
affirm the action of the Village Community Forest Advisory Board.