[HISTORY: Adopted by the Board of Trustees of the Village
of Lancaster 11-8-2004 by L.L. No. 10-2004 (Ch. 142B of the 1976
Code); amended in its entirety 1-27-2020 by L.L. No. 2-2020. Subsequent amendments
noted where applicable.]
A.
The Lancaster Village Board hereby finds that there is a direct and
important relationship between the existence of trees in the Village
of Lancaster and the health, safety and welfare of the community.
Trees preserve air and water quality, provide shade to people and
property, and enhance economic and aesthetic property values. Trees
stabilize soil, control air and water pollution, and provide a natural
habitat for wildlife.
B.
It is the purpose of this chapter to promote and to protect the public
health, safety, and general welfare by providing for the regulation
of planting, maintenance, and removal of trees within the Village
of Lancaster, NY.
As used in this chapter, the following terms shall have the
meanings indicated:
Trees in public parks within the boundaries of the Village.
Trees within the right-of-way of all streets, avenues or
highways within the Village.
[Amended 6-27-2022 by L.L. No. 3-2022]
There is hereby created and established an Urban Forestry Advisory
Board for the Village of Lancaster, NY, which shall consist of the
Village Clerk and the following, who shall be appointed by and serve
at the pleasure of the Village Board of Trustees: a Village Board
member, a member of the Village Planning Commission, the Superintendent
or other full-time employee of the Village Department of Public Works,
and such other individual or individuals who have demonstrated significant
interest and commitment to the important relationship between the
existence of trees in the Village of Lancaster and the health, safety,
and welfare of the community.
Members of the Urban Forestry Advisory Board shall serve without
compensation.
A.
It shall be the responsibility of the Urban Forestry Advisory Board
to study, investigate, develop and administer and provide counsel
regarding a written plan for the care, preservation, pruning, planting,
replanting, removal or disposition of trees in parks, along streets
and in other public areas. Updates to the plan will be presented annually
to the Village Board of Trustees and, upon their acceptance and approval
thereof, the plan shall constitute the official comprehensive Urban
Forest Management Plan for the Village of Lancaster.
B.
The Urban Forestry Advisory Board, when requested by the Village
Board of Trustees, shall consider, investigate, make finding, report
and recommend upon any special matter of question coming within the
scope of its work.
The Urban Forestry Advisory Board shall choose its own officers
and keep a record of its proceedings. A majority of the members shall
be a quorum for the transaction of business.
A.
The list of official street tree species to be planted within the
boundaries of the Village of Lancaster, NY, will be located in the
Urban Forest Management Plan. Subject to additions and removals implemented
by the Urban Forestry Advisory Board in the exercise of its duly authorized
discretion, the following small tree, medium tree and large tree species
shall be deemed included within the Urban Forest Management Plan.
(1)
Small trees: apricot, flowering crabapple, Hawthorn golden rain tree,
Bradford pear, redbud, soapberry, Japanese lilac tree, flowering peach,
purpleleaf plum, serviceberry.
(2)
Medium trees: green ash, hackberry, honey locust, linden, red mulberry,
English oak, red oak, Japanese pagoda tree, pecan, river birch, Osage
orange, persimmon, white poplar, sassafras.
(3)
Large trees: Kentucky coffeetree, silver maple, sugar maple, bur
oak, sycamore, cottonless male cottonwood.
B.
No species other than those included within the Urban Forest Management
Plan may be planted as street trees without written permission of
the Urban Forestry Advisory Board.
The spacing of street trees will be in accordance with the three species size classes listed in § 310-7. No trees may be planted closer together than the following: small trees, 30 feet; medium trees, 40 feet; and large trees, 50 feet; except in special plantings designed or approved by a landscape architect and the Urban Forestry Advisory Board.
The distance trees may be planted from curbs or curblines and sidewalks will be in accordance with the three species size classes listed in § 310-7, and no trees may be planted closer to any curb or sidewalk than the following: small trees, two feet; medium trees, three feet; and large trees, four feet.
No street tree shall be planted closer than 35 feet to any street
corner, measured from the point of nearest intersecting curbs or curblines.
No street tree shall be planted closer than 10 feet to any fireplug.
No street trees other than those species listed as small trees in § 310-7 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 other utility.
The Village Urban Forestry Advisory Board, in conjunction with
the Village Department of Public Works with notice to the Town of
Lancaster Forestry Department, may remove, cause or order to be removed
any tree or part thereof on public property 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.
Written notice of such removal shall be provided by the Village Urban
Forestry Advisory Board to the Village Board within 30 days thereof.
The location and species of any replacement tree shall be determined
by the Village Urban Forestry Advisory Board in consultation with
the Village Department of Public Works with notice to the Town of
Lancaster Forestry Department.
A.
It shall be unlawful for any person, firm or other entity to top
any street or park tree. Topping is defined as the cutting back of
limbs to stubs larger than three inches in diameter with 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 trees
under utility wires or other obstructions where other pruning practices
are impractical, shall be exempted from this section at the determination
of the Department of Public Works.
B.
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.
C.
The Department of Public Works shall have the right to prune any
street tree within the right-of-way for the following reasons:
A.
The Village shall have the right to cause the removal of any dead or diseased trees or stumps on private property within the Village when such trees or stumps constitute a hazard to life and property or harbor insects or diseases which constitute a potential threat to other trees within the Village. Removal of any such dead or diseased trees or stumps shall be undertaken in accordance with the procedures set forth in Chapter 221, Nuisances, of the Code of the Village of Lancaster.
B.
The Village Department of Public Works, with notice to the Town of
Lancaster Forestry Department, may remove or cause or order to be
removed any tree or part thereof on public property 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. Written notice of such removal shall be provided by
the Department of Public Works to the Village Board within 30 days
thereof. The location and species of any replacement tree shall be
determined by the Village Urban Forestry Advisory Board in consultation
with the Village Department of Public Works with notice to the Town
of Lancaster Forestry Department.
C.
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.
A.
Except in the case of an appropriate response to imminent danger
to person or property, no person shall cut, mar or otherwise injure
any park tree or street tree.
It shall be unlawful for any person to prevent, delay or interfere
with the Village Urban Forestry 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.
It shall be unlawful for any person or firm to engage in the business or occupation of pruning, treating or removing street or park trees within the Village without first applying for and procuring a permit which shall be effective for 12 months. The permit fee shall be as set forth at Chapter 144, Fees; provided, however, that no permit shall be required of a public service company or Village employee doing such work in the pursuit of his public service endeavors. Before any permit shall be issued, the applicant shall first file evidence of possession of liability insurance in the minimum amount of $1,000,000 for bodily injury and $1,000,000 for property damage and identifying the Village as an additional insured. A certificate of insurance shall be provided to the Village. Attached to each certificate of insurance shall be a copy of the additional insured endorsement that is part of the applicant's liability policy.
The Village Board of Trustees shall have the right to review
the conduct, acts and decision of the Village Urban Forestry Advisory
Board. Any person may appeal any ruling or order of the Village Urban
Forestry Advisory Board to the Village Board of Trustees, who may
hear the matter and make final decision.
The Village of Lancaster Code Enforcement Officer shall be responsible
for the enforcement of this chapter and shall report any violations
to the Village Board.
