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.
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.