[HISTORY: Adopted by the Board of Trustees of the Village
of Honeoye Falls 10-19-2020 by L.L. No. 4-2020. Amendments noted where applicable.]
This chapter shall be known as the Tree Code of the Village
of Honeoye Falls.
This chapter is enacted to protect and promote the health, safety
and welfare of the inhabitants of the Village of Honeoye Falls by
providing for the regulation of the planting, maintenance, preservation,
and removal of trees, shrubs, and other plants within the Village
of Honeoye Falls.
As used in this chapter, the following terms shall have the
meanings indicated:
A certified arborist who manages the tree lawn; recommends
arboricultural standards to be set by the Village and executes the
Village Forestry Plan. This position may be a full-time, part-time,
contract, or shared position with other communities.
A listing of suitable and desirable types and species of
trees able to thrive on Village streets and public places in the Village.
Public places within the Village of Honeoye Falls officially
designated as public parks.
All grounds owned by the Village of Honeoye Falls, or under
its control or supervision by way of right-of-way or easement, whether
or not leased or under contract to the Village.
Any tree now or hereafter growing within the boundaries of
a Village right-of-way or public place.
That part of a right-of-way not covered by the sidewalk or
other pavement lying between a property boundary line and that portion
of the street usually used for vehicular traffic.
The Department of Public Works of the Village of Honeoye
Falls or its designee(s).
An annual written review and description of public tree goals,
objectives and such related activities as updating the arboricultural
specification and standards of practice, conducting street tree inventories,
planting trees and sponsoring educational programs for the public.
The Village Tree Council for the Village of Honeoye Falls
created by this chapter.
An annual written report to the Village Board covering the
actions and goals relating to the Village's public trees and
including such activities as street tree inventories, tree plantings
and removals, and educational programs for the public.
The Village's Code Enforcement Officer and Superintendent
of Public Works shall have control of all trees in Village highways
and in all Village parks and public places and shall be authorized
to investigate, resolve and prosecute complaints for injury to a public
tree or trees therein. The Village Tree Council shall develop and
recommend a comprehensive program promoting the purpose of this chapter,
hereinafter referred to as the "Village Forestry Plan."
A.
The Conservation Board (as established by and set forth in Chapter 16 of the Village Code) shall be, and is officially designated as, the Village Tree Council.
B.
The Village Tree Council shall be authorized to:
(1)
Develop and maintain a Village Forestry Plan for the Village of Honeoye
Falls, including, but not limited to, developing and recommending
an annual written Village Forestry Plan;
(2)
Coordinate, recommend and implement the care, maintenance and planting
of all public trees;
(3)
Develop and make recommendations concerning public educational activities
and materials regarding the Village Forestry Plan;
(4)
Provide advice and consultation regarding trees to the Village Board,
Village employees, and private citizens residing in the Village of
Honeoye Falls;
(5)
Receive, review, and recommend to the Superintendent of Public Works
requests from property owners for tree plantings, pruning and removals
on the tree lawn;
(6)
Regularly communicate with the Department of Public Works on all
matters regarding public trees; work closely with the Department of
Public Works in planning and implementing tree planting; and serve
as consultants to the Department of Public Works in regard to tree-related
problems and hazards;
(7)
Recommend the retention of the services of a professional arborist
as a consultant;
(8)
Coordinate activities, including but not limited to the commemoration
of Arbor Day, to inform and educate the public about the public trees;
(9)
Make budget recommendations to the Village Board for Village Tree
Council expenses and purchase of trees;
(10)
Together with the Village, apply for grants related to the planting
and maintenance of our community forest;
(11)
Submit an annual report to the Village Board detailing the Village
Tree Council's accomplishments for the year, including plantings,
educational outreach, activities coordinated with other committees
and boards, etc.; and
(12)
Review and make recommendations regarding Village policies,
resolutions, and local laws impacting trees.
C.
The Village Tree Council shall adopt/recommend to the Village Board
rules and regulations concerning its governance and operation. A majority
of the members of the Village Tree Council shall constitute a quorum
thereof for conducting business.
The Village Board shall issue an annual proclamation commemorating
and observing Arbor Day, and shall work with the Village Tree Council
to arrange for an appropriate celebration of the same.
A.
The Village Tree Council and the Superintendent of Public Works shall
develop and present a written Village Forestry Plan to the Village
Board, and may request that the Village Board appoint a citizens'
committee to assist in the development of such forestry plan. The
Village Forestry Plan, after revision and adoption by the Village
Board, shall constitute the official Village Forestry Plan for the
Village of Honeoye Falls and shall be administered by the Department
of Public Works, or a designee thereof, and shall be subject to periodic
review and revision by the Village Board. The Village Forestry Plan
shall define the goals and objectives of the Village Forestry Program,
both as to public trees and private trees, in protecting and preserving
the tree resources of the Village.
B.
The plan shall include, but not be limited to, developing policies
for the trimming of public trees, including trimming for preservation
and health of the tree, aesthetic trimming and hazard trimming; the
preservation and management of mature trees; the planting of new trees;
means and objectives for diversifying species of trees; the protection
of tree roots, including the development and use of preservation techniques
for cabling, sidewalk and street installation and repair, and construction
excavations so as not to disturb tree roots; and the management of
necessary tree removals to ensure no significant loss of tree canopy
in a given neighborhood. The Village Forestry Plan shall address the
retention of dead and dying trees in woodlots and other areas where
such trees would not constitute a hazard to people, in order to provide
essential habitat and food to wildlife. The plan may also include
a plan for the planting of commemorative or memorial trees. The Village
Forestry Plan shall also include a current statement of arboricultural
specification and standards of practice, a current Master Tree List,
and a current street tree inventory. Nothing contained in the Village
Forestry Program or the arboricultural specification and standards
of practice shall abridge the authority of the Superintendent of Public
Works as provided for in the New York State Highway Law.
C.
The Village Forestry Plan shall be periodically reviewed and modified
by the Village Board when deemed appropriate. The Village Tree Council
shall review the Village Forestry Plan at least annually and recommend
modifications for adoption by the Village Board when deemed appropriate.
An owner of private property adjoining a Village street may
locate and plant a tree, trees or other plantings in the tree lawn,
at his or her own expense, with the written approval of the Village
Tree Council and the Superintendent of Public Works. Approval shall
be granted if the proposed planting is in accordance with the arboricultural
specifications and standards included in the public tree plan and
if the tree, trees or other plantings to be planted is/are selected
from the Master Tree List. The Superintendent of Public Works shall
authorize the approved planting in writing and shall approve a map
or diagram showing the location of the tree planting. Any tree, trees
or other plantings so planted shall become a public tree or planting
and shall be added to the Village street tree inventory.
An owner of private property adjoining a Village street may
request location and planting of a tree, trees or other plantings
in the tree lawn adjacent to his or her property by submitting such
request in writing to the Superintendent of Public Works. The Superintendent
of Public Works shall refer the request to the Village Tree Council
for its consideration and recommendation. The Board shall give written
notice of its action to the Superintendent of Public Works and the
applicant. If the Board shall approve the application, any tree, trees
or other plantings to be planted as a result thereof shall be planted
by the Village and at the Village's expense.
A.
All work on the Village public trees shall be performed in accordance
with the arboricultural specifications and standards included in the
Village Forestry Plan.
B.
The Superintendent of Public Works shall assure that all public trees
are properly cared for and maintained in accordance with the guidelines
of the Village Forestry Plan. No person other than the Superintendent
of Public Works, or his duly authorized deputy, agent or employee,
shall fertilize, spray, cable or brace, trim, prune, cut above ground
or below ground or otherwise disturb any public tree.
A.
The Superintendent of Public Works or a certified arborist, with
prior agreement of the Village Tree Council, shall treat or remove
any public trees that are dead, diseased or constitute a hazard to
life or property. No person, other than the Superintendent of Public
Works, or his duly authorized deputy, agent or employee, shall prune,
cut down, remove or destroy any tree standing or lying on land within
the boundaries of any Village street or public place of the Village
unless authorized by the Superintendent of Public Works. All removal
work shall be performed in accordance with the arboricultural specifications
and standards of practice contained in the Village Forestry Plan.
(1)
Requests by persons for removal of diseased or hazardous trees in
the tree lawn must be made to the Department of Public Works. Trees
will be inspected to determine their health and any hazard that they
pose. Final decisions regarding removals will be made by the Superintendent
of Public Works.
B.
The Village shall replant or replace any public tree that it removes,
wherever practical and within fiscal constraints.
C.
The Village Tree Council and the Superintendent of Public Works shall
develop any necessary plans and procedures for the abatement of public
hazards and public nuisances, and for emergency situations related
to public and private trees.
The Superintendent of Public Works shall provide and require
that Village public trees which are removed shall be replanted or
replaced in accordance with the arboricultural specifications and
standards of practice contained in the Village Forestry Plan and that
all replacement trees are selected from the Master Tree List. If conditions
prevent planting at the removal site, a tree removed from the tree
lawn may be replanted or replaced at an alternative site in the same
area.
A.
No person shall cut, carve, injure, harm, damage, mutilate, transplant,
prune, or destroy any public tree; attach any rope, wire, nails, advertising
posters or other contrivance to any public tree; allow any gaseous,
liquid, chemical or solid substance which is harmful to trees to come
into contact with any public tree; or set fire or permit any fire
or the heat thereof to bum or injure any portion of any public tree.
B.
No person shall undertake any excavation or fill, construction or
street work near any public tree until said tree shall be safeguarded
by such high-visibility barriers or other protective measure as shall
effectually prevent injury to any part of any tree and its root system
to the satisfaction of the Superintendent of Public Works. No person
shall excavate any ditches, tunnels or trenches, otherwise change
the grade of any terrain or lay any drive within a radius of 15 feet
from any public tree without the written approval of the Village Superintendent
of Public Works. The Superintendent of Public Works may consult with
the Public Tree Council on the potential impacts of, and mitigation
measures which shall be required for, projects which may disturb more
than 500 linear feet of a Village right-of-way or which may disturb
three or more adjoining properties, whichever is less.
C.
No person shall deposit, place, store or maintain upon any Village
highway, park or public place of the Village any stone, brick, sand,
fill dirt, concrete or other materials that may impede the free passage
of water, air and fertilizer to the root system of any tree without
the written approval of the Village Superintendent of Public Works.
A.
All new development including, but not limited to, residential, commercial,
industrial, and parking lots, will include the planting of such trees
and at such density as shall be determined by the Zoning Board of
Appeals.
B.
Landscaping plans submitted by developers must include the planting
of street trees, and, if appropriate, park trees that are in compliance
with the Public Tree Council's Master Tree List in terms of size,
species, and density. The developer will work with the Director of
Public Works, the Code Enforcement Officer, and/or the Zoning Board
of Appeals in administering the plan.
C.
The developer shall be responsible for tree planting and all irrigation
and maintenance of the tree for a one-year period from the time of
planting and shall replace any trees that die during this period.
D.
Approval by the Zoning Board of Appeals for new developments is contingent
upon submission of a tree planting plan approved by the Public Tree
Council.
A.
Any person violating this chapter shall, upon conviction thereof,
be guilty of a violation and shall be fined not more than $250 or
imprisoned for not more than 15 days, or by both such fine and imprisonment.
Each tree or planting affected by noncompliance shall constitute a
separate violation. In lieu of, or in addition to, any fine or imprisonment
or both imposed for a conviction of a violation of this chapter, each
violation may be subject to a civil penalty not exceeding $500. Each
day a violation continues shall be subject to a separate civil penalty.
In addition to such civil penalty, payment to the Village of the value
of any tree or planting damaged, destroyed or removed in violation
of this chapter shall be awarded in the amount equal to the value
of said tree or trees.
B.
In addition to any fine or imprisonment, or both, imposed for a conviction
of a violation of this chapter, each such violation may be subject
to a civil penalty not exceeding $500, to be recovered in an action
or proceeding in a court of competent jurisdiction. Each day a violation
continues shall be subject to a separate civil penalty. In addition
to said civil penalty, recovery of the value of any tree damaged,
destroyed or removed in violation of this chapter shall be had by
the Village in an amount equal to the value of said tree or trees,
based on the International Society of Arboriculture's Valuation
of Landscape Trees, Shrubs and Other Plants.
C.
The Code Enforcement Officer shall have the authority to issue an
appearance ticket subscribed by him/her directing a designated person
to appear in a designated criminal court at a designated future time
in connection with the alleged commission of a designated violation
of this chapter, or any order made thereunder.
E.
In addition to, or instead of, any fine, imprisonment or civil penalty imposed for a violation of this chapter, each such violation may be cause for the revocation of the registration certificate, issued under Chapter 169 of the Code. This revocation may be imposed by resolution of the Village Board, but only after a written recommendation by the Superintendent of Public Works or Code Enforcement Officer and a public hearing before the Village Board.
