[Amended 5-21-1985 by L.L. No. 3-1985; 11-15-2021 by L.L. No. 3-2021]
This article shall be known as the "Tree Code."
In recognition of the environment, health, and aesthetic benefits
of its urban forest, this article established the policies, regulations,
and standards pursuant to the planting, maintenance, protection, preservation,
removal, and replacement of trees on public lands within the Village
of Avon. These provisions are enacted to:
A.
Establish the minimum sustainable amount of tree cover on public
lands within the Village at 80% of potential planting sites.
B.
Maintain Village trees in healthy and nonhazardous condition through
good arboricultural practices.
C.
Establish and maintain appropriate diversity in tree species and
age classes in order to provide a stable and sustainable urban forest.
A.
The Village of Avon shall have full power and authority over all
trees, plants, and shrubs (excluding grass) located within street
right-of-way, public parks, public right-of-way or easement, and other
public places in the Village.
B.
Conflict with ordinances. In any case where a provision of this article
is found to be in conflict with a provision of any zoning, land development,
safety or health ordinance or code(s) of this municipality, the County
Livingston, or the State of New York, the provision which establishes
the higher standard for the promotion and the protection of the safety
and health of the people shall prevail.
C.
Severability. If any section of this article shall be held unconstitutional
illegal, invalid, or otherwise unenforceable, the remainder of this
article shall remain in full fore and effect and enforceable as such.
D.
Nothing in this article shall be deemed to abolish or impair existing
remedies of the municipality or its officers or agencies relating
to the removal of tree(s) which is/are deemed to be dangerous, unsafe,
or unhealthy.
As used in this article, the following terms shall have the
meanings indicated:
A framework for public tree management that includes an inventory
of existing trees, identification of planting sites, prioritized planting
plan, standards for tree selection, siting, and planting.
A compilation of suitable and desired types and species of trees
able to thrive on Village streets and public places within the Village.
The master tree list is housed in the Village Office, and is drawn
from:
The master tree list also includes a list of trees that not
be planted because the Village has too many of them or are inappropriate
street trees.
The Tree Board for the Village of Avon is a subcommittee
of the Parks Commission, a standing committee of the Village Board.
An annual written report to the Parks Commission and 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.
That part of the right-of-way or highway reservation 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.
A.
Membership. The Tree Board membership shall consist of not fewer
than five nor more than nine members appointed by the Mayor, subject
to the approval of the Village Board. If possible, members shall be
residents of the Village, but not required, and at least one should
have professional training in forestry. If none do, one ex officio,
nonvoting member who has expertise in urban forestry, may be appointed.
Members shall serve without compensation. If a vacancy shall occur
during the term of a member, his or her successor shall be appointed
by the Mayor, subject to the approval of the Village Board, to complete
the unexpired portion of the term in which the vacancy occurred. The
Mayor, subject to the approval of the Village Board, shall also have
the power to remove any member of the Board.
B.
Organization. Members of the Tree Board shall select a Chair for
a minimum of two years and a recording secretary. The Board shall
adopt rules and regulations concerning its governance and operation.
C.
Authorization and duties. The Tree Board shall be authorized to fulfill
the following duties:
(1)
Develop and maintain a comprehensive tree plan for the Village of
Avon. The tree plan is to be completed and reviewed on an annual basis.
(2)
Develop a list of appropriate tree species for planting in the various
types of locales within the tree lawn and public parks. Reference
master tree list.
(3)
Provide advice and consultation regarding trees to the Village Board,
Village employees and private citizens residing in the Village of
Avon.
(4)
Any requests from property owners for tree plantings, prunings and
removals on tree lawn will be reviewed by the Tree Board and the DPW
Superintendent.
(5)
Regularly communicate with the DPW Superintendent on all matters
regarding Village trees; work closely with the DPW Superintendent
in planning and implementing tree planting.
(6)
Monitor the inventory of Village trees (all trees located on land
owned or controlled by the Village of Avon to be sure that changes
are reflected in the inventory.
(7)
Coordinate activities, including but not limited to, the commemoration
of Arbor Day and to inform and educate the public about the urban
forest.
(8)
Make budget recommendations to the Village Board for Tree Board expenses
and purchase of trees. A minimum annual tree maintenance operating
budget of $2 per capita is to be maintained for Tree City USA certification.
(9)
Together with the Village and Parks Commission, apply for grants
related to the planting, educational outreach, activities coordinated
with other committees and boards.
(10)
Review and make recommendations regarding Village policies,
resolutions and local laws impacting trees.
A.
Planting.
(1)
The Village shall have the right to plant and maintain the right-of-way
of all streets, avenues, highways and on public grounds. The Tree
Board will make all reasonable efforts to comply with property owners'
requests regarding placement of a tree on the right-of-way adjoining
their property.
(2)
Any tree that must be removed shall be placed by new planting within
consistent, reasonable, and appropriate planting specifications.
(3)
Trees will be replaced in accordance with the Master Tree Plan developed
and maintained by the Tree Board.
(4)
No person shall plant any tree in the right-of-way except in accordance
with policies, regulations, specifications established pursuant to
this article.
(5)
Owners of private property adjoining a Village Street may request
a tree for the tree lawn. Requests will be submitted on the tree request
form available in the Village of Avon municipal office. The Tree Board
will select a suitable tree for the location per the master tree list,
which takes into consideration:
(6)
Private property owners may, at their own expense and with the written
approval of the Tree Board and the DPW Superintendent, plant appropriate
trees on the tree lawn. The DPW Superintendent shall authorize the
approval of the planting in writing and shall approve a map or diagram
showing the location of the tree planting. Any tree so planted shall
be considered a public tree and be added to the Village Tree Inventory
Report.
A.
Topping of trees is expressly forbidden. Tree pruning shall be accomplished
in accordance with the procedures set forth in the most recent ANSI
A300 standards.
B.
Tree removal.
(1)
The Superintendent of Public Works or certified arborist shall treat
or remove any public trees that are dead, diseased, or constitute
a hazard of life or property. No person other than mentioned above
or his duly authorized deputy, agent, or employee, shall prune, cut
down, remove, or destroy any public tree on Village property unless
directed by the Director.
(2)
Requests by persons for removal of diseased or hazardous trees in
the tree lawn must be made to DPW. 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.
C.
Abatements of hazards and public nuisances. If a private tree is
determined by the Superintendent of Public Works to constitute a public
nuisance or public hazard, the owner will be required, by written
notification, to trim, remove or otherwise control the tree to abate
the hazard. Failure to do so within 15 days will be deemed a violation
of this article and the DPW may then conduct the necessary abatement
at the owner's expense.
A.
Where sidewalk or curb damage due to tree roots occurs, every reasonable
effort shall be made to correct the problem without removing or damaging
the tree. The DPW Superintendent shall be responsible for developing
or approving the corrective measures.
B.
The DPW Superintendent of Public Works shall be contacted in the
event of any emergency work that may impact Village trees, plants,
or shrubbery.
A.
Communication between the DPW and the Tree Board regarding any operations
that affect Village trees is essential to the long-term management
of the Village's trees. This includes, but is not limited to, notification
of tree pruning, removal, request for plantings, utility company activities
relating to trees, and Arbor Day and other educational tree programs.
B.
Any public utility maintaining any overheard wires, underground pipes
or conduits shall obtain permission from the DPW Superintendent before
performing any maintenance work on the wires, pipes, or conduits which
could cause injury to the Village of Avon trees. The public utility
shall in no way injure, deface, prune, or scar any Village of Avon
trees until their plans have been approved by the DPW Superintendent.
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 Planning
Board.
A.
Landscaping plans submitted by developers must include the planting
of street trees, and, if appropriate, park trees that are in compliance
with the Tree Board's master list in terms of size, species, and density.
The developer will work with Public Works in administering the Plan.
B.
The developer shall be responsible for tree planting and all irrigation
and maintenance of the trees for a two-year period from the time of
the planting and shall replace any trees that die during this period.
C.
Approval of the Village of Avon Planning Board for new developments
is contingent upon submission of a tree-planting plan approved by
the Tree Board.
For the protection of trees, setting standards and limits in
areas where land use is intensified, developers shall seek the advice
of the Tree Board for planting recommendations.
It is a violation of the provisions of this article for any
person to abuse, mutilate or destroy any tree(s), plant(s), or shrub(s)
on public lands. This includes posting, attaching, affixing, or putting
up in any manner any sign, poster or other object to any live shade
tree in any public street or public place in the Village. Tapping
or extracting in any manner, sap from any live shade tree in any public
street or public place in the Village is also prohibited. Allowing
gaseous, liquid, or solid substance harmful to trees to come into
contact with their roots, trunks, or leaves is also prohibited except
for the following: during application(s) of the substances in the
performance of the normal maintenance of streets, roads, sidewalks,
tree lawns or driveways.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Violation(s) of any provisions of this article shall be an offense
punishable by a fine not to exceed $250 and imprisonment for up to
15 days for each offense. In the case of a violation consisting of
the abuse, damage, mutilation, or destruction of more than one tree
or shrub on public lands, the damage, mutilation, abuse of, or destruction
of each tree or shrub shall be a second offense. Nothing in this section
shall limit the right of the Village to pursue any remedy available
to it under § 861 of the New York Real Property Actions
and Proceedings Law and/or Subdivision 2 of § 382 of the
Executive Law of New York State.
