[HISTORY: Adopted by the Board of Trustees of the Village of Pulaski 7-12-2021 by L.L. No. 3-2021. Amendments noted where applicable.]
The Board of Trustees of the Village of Pulaski has determined that it is in the interest of the citizens of the Village of Pulaski to promote and protect their health, safety and welfare to adopt a Tree Ordinance. 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, and 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 Tree Commission and to adopt this chapter to provide an orderly framework to maximize 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 areas 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, usually between the curb and sidewalk.
STREET TREES
Any tree growing between the sidewalk and curb. Where a street is not fully improved with curbs or sidewalk, but is paved, a tree that is within 10 feet of the edge of the pavement or in the right-of way is considered a street tree unless a survey or property boundary can establish otherwise. The width of a right-of-way will vary depending on who maintains and owns the street.
A. 
The Village Tree Commission shall consist of five and/or seven Commissioners who shall be appointed by the Village Board and who shall serve without compensation.
B. 
The Tree Commission will serve in an advisory capacity to the Board of Trustees, the Planning Board and the DPW Superintendent. This shall in no way infringe upon the jurisdiction of the Board of Trustees, the Planning Board, or the Department of Public Works.
C. 
Members of the Tree Committee will be nominated and appointed by the Board of Trustees. A majority of the members will be Village residents. The DPW Superintendent will be an ex officio member of the Committee and shall act in an advisory capacity. Members will serve for three years, staggered, so that in a three-year cycle (with seven members) two member's terms expire in year one, two member's terms expire in year two and three member's terms expire in year three. With five members, two member's terms expire in year one, one member's term expires in two years, and two member's terms expires in year two and three. In the event of a vacancy, a successor shall be appointed to fill the unexpired portion of the term.
D. 
The duties of the Tree Commission is, in parts and/or the total Village:
(1) 
Inventory public trees.
(2) 
Study and investigate the public trees and comment on their condition.
(3) 
Periodically counsel the Boards on its findings on how best to manage public trees. This may include but is not limited to:
(a) 
Public safety, care, preservation, pruning, planting.
(b) 
Removal or disposition of trees within the Village of Pulaski on easements, streets and Village parks.
(c) 
Prepare and keep updated a written plan for public trees.
(d) 
Educating the citizenry about the Village's urban forest.
A. 
The Board of Trustees of the Village of Pulaski shall have the right to plant, prune, maintain and remove trees and wood plants within the limits of all Village streets, rights-of-way, areas surrounding Village buildings and inside parks. 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. They may also recommend the removal of any tree, which by reason of its location or nature threatens any municipal water or sewer line or any public improvement or which is affected by any injurious fungus insect or other pest or disease.
B. 
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 or a tree without first having obtained written permission for such removal at the Code Enforcement office. All approvals shall be in conformance with the written plans developed by the Tree Committee.
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 any police officer having jurisdiction. Fines will be up to $250 per incident.
Any person who is aggrieved by any decision of the 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 Village Clerk within five days of its hearing.
Should any section of this chapter be found to be unconstitutional, that finding shall in no way effect the other sections of this chapter, which shall remain in effect.