[HISTORY: Adopted by the Village Board of Trustees of the
Village of Lima 4-28-2020 by L.L.
No. 1-2020. Amendments noted where applicable.]
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:
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.
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.
A.
The Shade Tree Commission shall inventory and keep a record of all
public trees within the Village and shall study, investigate, and
from time to time update the condition of all such public trees. The
Shade Tree Commission shall periodically counsel the Village Board
of Trustees on how best to manage the public trees and shall prepare
and update a written plan for the public safety, care, preservation,
pruning, planting, replanting, removal or disposition of trees within
the Village of Lima easements, the public streets and roads within
the Village, and Village parks.
B.
This plan shall also include a provision for public education relating
to the value and conservation of public and park trees.
C.
Actions or decisions taken by the Shade Tree Commission shall be
made by majority vote, with a minimum of three members voting on any
such action or decision. Such decisions shall be regularly transmitted
in writing to the Village Board of Trustees within a reasonable time
following the vote on such action or decision.
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.
A.
The Board of Trustees of the Village of Lima shall have the right
to plant, prune, maintain and remove trees and woody plants within
the limits of all streets, rights-of-way, or parks located within
the Village of Lima. The Board, in appropriate cases, and upon consultation
and with the property owner, may remove or prune a tree which stands
upon private property but which threatens the safety or welfare of
those who may use a Village street or park.
B.
The Shade Tree Commission may recommend the removal of any tree or
part thereof with the limits of any street or public park which threatens
the safety or welfare of any person or by which be reason of its location
or nature threatens any electric line, telephone line, gas line or
any municipal water or sewer line or any public improvement, or which
is affected by any injurious fungus, insect or other pest or disease.
[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.
A.
The Village Board of Trustees shall have the right to review the
conduct, acts, and decisions of the Shade Tree Commission and of its
individual Commissioners. The Board of Trustees shall have the power
to remove individual Commissioners and to appoint new Commissioners
as may be necessary.
B.
Any person who is aggrieved by a decision of the Shade Tree Commission
may appeal the decision within 10 days of the filing of the decision
with the office of the Village Clerk. The appeal shall be heard by
the Board of Trustees within 30 days of the filing of the appeal in
the office of the Village Clerk. The Board of Trustees shall make
and file its decisions with the Village Clerk within five days of
its hearing.
A.
Should any section of this chapter be found to be unenforceable or
unconstitutional, that finding shall in no way affect the other sections
of this chapter, which shall remain in effect.
B.
This chapter shall become effective upon its adoption by the Village
Board of Trustees and its filing in the office of the NYS Secretary
of State.
