This chapter shall be known and may be cited as the "Tree Law
of the Village of Depew, County of Erie."
The proper planting of new trees and the health and maintenance
of existing trees within the public right-of-way aid in maintaining
property values in the Village of Depew, implement the design and
environmental goals of the comprehensive plan, and promote the general
welfare of the Village of Depew residents. This chapter will:
A. Create
a Tree Committee to establish regulations governing the planting,
maintenance, and removal of trees and shrubs in the public streets,
rights-of-way, parks and other municipally owned property in the Village
of Depew;
B. Preserve
green foliage on Village streets and public property; and
C. Replace
or remove permanently trees that must be removed from public property
because of disease or lack of development.
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 Village street. 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.
DIAMETER BREAST HEIGHT (DBH)
Tree trunk diameter measured in inches with a calipers at
six inches from 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 canopy or shrub branch to the ground.
NUISANCE
Any thing or act that annoys or disturbs unreasonably, hurts
a person's use of his or her property, or violates the public health,
safety and welfare.
ORNAMENTAL TREES
Small to medium trees that grow 15 feet to 40 feet in height
at maturity, and that are planted for aesthetic purposes such as colorful
flowers, interesting bark, or fall foliage.
PARK
Includes land designated as a park pursuant to New York State
statutes as well as areas such as playgrounds, pools or other recreational
facilities within the Village under the jurisdiction of the Village
Board of Trustees.
PUBLIC PLACES
Includes all grounds owned, leased or controlled by the Village
of Depew, County of Erie, for public use.
PUBLIC TREE
Any woody plant, located on municipal property or within
the municipal right-ofway, having at least one well-defined trunk
and at least 2 1/2 inches in diameter measured at a height of six
inches above the natural grade and having a clearly defined crown.
SEVERE ROOT PRUNING
Cutting back the underground tree roots inside 1.5 times
the dripline of the tree that will be detrimental to the life of the
tree.
SHADE TREE
A large tree growing to over 40 feet in height at maturity,
usually deciduous, that is planted to provide canopy cover shade.
STREET
A highway, road, avenue, lane, alley, culvert, embankment,
or sidewalk which the public has a right to use.
STREET TREE
Any tree, shrub, bush, or other woody vegetation on land
lying between property lines on either side of all streets, avenues
or roads, such as the municipal right-of-way.
TOPPING
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.
TREELAWN
The green space adjacent to a street or highway, not covered
by sidewalks or other paving, lying between the property line and
that portion of the street or highway usually used for vehicular traffic.
TREE WORK
Includes, but is not limited to, pruning, shaping, thinning,
cabling, stump removal, root pruning, topping, fertilizing, removing,
planting, and spraying for insect and disease control, of a tree.
UTILITIES
Those entities that provide electricity, gas, sewer, water,
telephone and cable television to properties within the Village.
Private property owners have the duty, at their own expense,
to cut down and remove any trees upon their property which are dead,
harbor insects or disease, or which are so damaged as to be a public
nuisance and in danger of falling, thereby causing damage to a person
or property of others. The Village Tree Committee shall recommend
to the Code Enforcement Officer to provide the property owner with
written notification that a tree or shrub should be removed for the
reasons stated above. Owners shall, at their own expense, remove such
trees. Owners shall have 15 days after the date of service of the
notice to inform the Code Officer as to when the tree shall be removed.
Owners shall have no more than 30 days after informing the Code Officer
to remove such trees unless the Code Officer indicates otherwise in
writing. If owners fail to comply with such provisions, the Village
shall remove 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 street tree or shrub, or to engage in severe
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 Depew 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.
Any person, 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 be fined no more
than $250 or may be imprisoned for a term not exceeding 15 days, or
both.
If any section, paragraph, sentence, clause, or phrase of this
chapter is found to be invalid by a court of competent jurisdiction,
such judgment shall not affect, impair, or invalidate the remaining
portions of this chapter.
This chapter shall become effective immediately upon filing
with the New York State Secretary of State.