This chapter shall be known and may be cited as the "Tree Law
of the Village of Liverpool, County of Onondaga."
As used in this chapter, the following terms shall have the
meanings indicated:
ADJACENT PROPERTY OWNER
The person, firm, entity, or corporation owning property
bordering a public place, street or public right-of-way.
CROWN
Upper part of a tree including branches and foliage growing
out from the trunk and main stems.
DIAMETER BREAST HEIGHT (DBH)
Tree trunk diameter measured in inches with a caliper at
six inches from the natural grade in the case of trees measuring four
inches or less in diameter; and at a height 4 1/2 feet above
grade when the tree trunk is larger than four inches.
DRIPLINE
A vertical line extending from the outermost edge of the
tree crown or shrub branch to the ground.
HARMFUL ROOT PRUNING
The cutting back of tree roots inside 1.5 times the diameter
of the dripline of the tree, or within an eight-foot radius around
the trunk, whichever area is larger, that will be detrimental to the
life or health of the tree, as determined by an expert in arboriculture
or horticulture.
MUNICIPAL PROPERTY
Includes all grounds owned, leased or controlled by the Village
of Liverpool, for public use, including, but not limited to, streets,
public rights-of-way, parks and cemeteries.
NUISANCE
Anything or act that unreasonably annoys or disturbs, harms
or interferes with a person's use of his or her property, or
violates the public health, safety and welfare.
PARK
Includes land designated as a park pursuant to New York State
statutes as well as areas such as playgrounds, museum grounds, cemetery
grounds, or other green spaces within the Village under the jurisdiction
of the Village Board of Trustees.
PUBLIC PLACE
Includes all grounds owned, leased or otherwise controlled
by the Village of Liverpool, for public use, including, but not limited
to, streets, public rights-of-way, parks and cemeteries.
PUBLIC TREE
Any woody plant located in a public place, having at least
one well-defined trunk and at least one inch in diameter measured
at a height of six inches above the natural grade, or any woody plant
planted by the Village.
SHRUB
Several-stemmed plant with woody stems persisting season
to season.
STREET
A highway, road, avenue, lane, alley, culvert, embankment,
or sidewalk to which the public has a right to use.
TOPPING
Cutting back of limbs within the tree crown to such degree
so as to change the natural or normal form and/or disfigure the tree,
as defined by International Society of Arboriculture Standards, as
last revised.
TREE WORK
Includes, but is not limited to, pruning, shaping, thinning,
cabling, stump removal, root pruning, topping, fertilizing, removing,
planting, and treating for insect and disease control, of a tree or
shrub.
UTILITIES
Those entities that provide electricity, gas, sewer, water,
telephone, cable television and internet service to properties within
the Village.
WOODY PLANT
Plant having a hard stem or stems such as a tree, bush or
shrub that persists season to season.
Private property owners shall have the duty, at their own expense,
to prune, cut down or remove any trees on their property which are
deemed dangerous by an arborist, or that harbor insects or disease,
or which are so damaged as to be a public nuisance and in danger of
falling, thereby causing damage to person or property of others. The
Village Tree Committee may recommend to the Code Official to provide
the property owner with written notification that a tree or part of
tree or shrub should be removed for the reasons stated above. Owners
shall, at their sole cost and expense, prune or remove such trees.
Owners shall have 15 days after the date of service of the notice,
other than in an emergency or life-threatening situation, to inform
the Code Official as to when the tree shall be pruned or removed.
Owners shall have no more than 30 days after informing the Code Official,
other than in an emergency or life-threatening situation, to remove
or prune such trees unless the Code Official indicates otherwise in
writing. If owner fails to comply with such provisions, the Village
may remove or prune such trees and charge the cost of removal to the
property owner upon Notice and hearing. If the cost of such removal
remains unpaid for 60 days, the cost of removal shall be added to
the next real estate tax bill of the property owner.
It shall be unlawful for any person, firm, entity, corporation,
or utility to top any public tree or shrub, or to engage in harmful
root pruning. 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 recommendation
of the Tree Committee.
No one shall hinder, prevent, delay, or interfere with the Village
of Liverpool or its agents, including the Tree Committee, or any of
its assistants, or any contractors while engaged in carrying out the
enforcement of this chapter or duly adopted regulations.