The Board of Trustees of the Village of Lima has determined
that it is in the interest of the citizens of the Village of Lima
to promote and protect their health, safety and welfare by adopting
a local law regulating the conservation of trees in the public domain
of the Village of Lima. The Board of Trustees recognizes the role
that trees play in the Village ecosystem and that they contribute
to the quality of air, reduce noise and visual pollution, help to
moderate climatic extremes and conserve energy. The Board further
recognizes the role trees play in enhancing property values and the
general quality of life in the Village. In order to establish a responsible
program for planting, maintenance, husbandry, or removal of trees
or shrubs in the Village, the Board of Trustees finds it necessary
to establish a Shade Tree Commission and to adopt this chapter to
provide an orderly framework to maximize and help regulate the benefits
afforded by trees within the Village.
As used in this chapter, the following terms shall have the
meanings indicated:
PARK TREES
Any trees, shrubs, bushes and all woody vegetation on land
lying within public parks and in all area owned by the Village and
to which the public has access.
PUBLIC TREES
Any trees, shrubs, bushes and all woody vegetation on land
lying within a public street or right-of-way located within the Village.
This definition is expressly intended to include all public roads,
whether such roads are owned and maintained by the Village of Lima
or by any other municipal entity.
No person shall remove, destroy, or cause the removal or destruction
of a tree on any Village street or in any Village park, or undertake
construction or any activity which may significantly and prematurely
detract from the health or growth of a tree without first having obtained
written permission for such removal or construction at the office
of the Village Clerk. All applications must be approved by the Village
Board of Shade Tree Commissioners and all approvals shall be in conformance
with the Shade Tree Master Plan.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any violation of this chapter shall constitute a violation within
the meaning of the Penal Law of the State of New York, and an appearance
ticket alleging such violation may be issued by the Code Enforcement
Officer or police officer having jurisdiction.