Trees planted on public property are the responsibility of the
Village. An adjacent property owner or other person who wants a tree
planted on the public right-of-way shall make a request to the Village
for referral to the Forestry Board and Department of Public Works
for consideration. Street trees will be planted according to policies,
regulations, and criteria established pursuant to this chapter. The
Department of Public Works shall be responsible for the coordination
of all public tree planting and any coordination with utility companies.
All trees planted on public lands as specified by this section
shall be located and planted with the approval of the Department of
Public Works after the advisement of the Forestry Board. In the performance
of such work, consideration shall be given to the following guiding
principles, which are considered to be of primary importance in maintaining
the Village forest:
A.
Trees that must be removed shall be replaced by a new planting, either
on site or somewhere in the Village forest, depending on site restrictions,
feasibility or other mitigating circumstances.
B.
Wherever feasible, trees shall be planted near old and dying ones
in anticipation of their removal.
C.
Species selected may vary, depending on mitigating factors of the site as provided for in § 155-14 of this chapter.
D.
In an effort to reforest areas of the Village devoid of trees, all available sites shall be considered to receive tree plantings except in cases where it can be shown with authoritative supporting evidence that there are proven and substantial factors leading to significant health, safety, hazard or property damage implications at or around the site where the tree is to be located (for the factors considered during site assessment, see § 155-14).
A.
Whenever any tree is planted or set out in violation of any provision of Scottsville Village Code Chapter 155, Trees, it shall be lawful for the Department of Public Works to remove or cause removal of the same.
B.
All expenses incurred by the Village in connection with the removal of a tree planted or set out in violation of Scottsville Village Code Chapter 155, Trees, including legal expenses, shall be assessed against the land of the real property owner responsible for such planting violation and shall be levied and collected in the same manner as provided in Article 5 of the New York State Village Law for the levy and collection of a special ad valorem levy.
C.
After a determination to remove or cause to be removed a tree planted
or set out in violation of this chapter is made, the Code Enforcement
Officer shall mail a notice to the responsible property owner at the
last known address as shown on the Village tax assessment rolls. Such
notice shall be mailed 10 days prior to any tree removal.
A.
Appeal of a decision to remove a tree planted or set out in violation
of this chapter may be made by a property owner to the Village Board.
B.
Appeals shall be made in writing and submitted to the Village Clerk
on or before the day prior to the scheduled removal date.
D.
A decision of any appeal shall be made within 60 days of receipt
of said appeal and made available by the Village Clerk.
A.
Any request for not planting a tree on public property or a public
right-of-way will only be considered where there are proven and substantial
factors leading to significant health, safety, hazard or property
damage implications at or around the site where the tree is to be
located.
B.
The following circumstances do not justify a negative decision regarding
whether to plant a tree on public property or a public right-of-way:
(1)
Speculation on potential problems that the tree may or may not cause
in 25 to 35 years;
(2)
The tree at maturity may cause a problem;
(3)
The tree's flower, leaf or fruit fall may cause nuisance at
the tree's maturity;
(4)
The tree causes a person's view to be disrupted;
(5)
The tree does not suit the existing or proposed landscape;
(6)
An unsubstantiated fear of tree failure at the tree's maturity;
and
(7)
The tree will be too large or too high at the tree's maturity.
A.
A request for the Village to refrain from planting a tree on public
right-of-way shall be submitted to the Superintendent of the Department
of Public Works (or official designee), who, with a representative
of the Forestry Board and/or professional municipal forestry consultant,
shall review said request, visit and assess the site, and render a
decision based on factors which have significant health, safety, hazard
or property damage implications at or around the site where the tree
is to be located.
B.
Any cost incurred by a request requiring the services of the professional
municipal forestry consultant shall be paid by the party making the
request.
C.
Should a citizen desire to engage the services of a professional
municipal forestry consultant for the purposes of rendering an opinion,
that opinion shall be submitted in writing to the Village Clerk's
Office within five days after their request to not plant a tree on
a public right-of-way is made.
