[HISTORY: Adopted by the Board of Trustees of the Village of Ballston Spa 5-25-1943 as Sections 41 through 44 and Section 186 of the Ordinances of the Village of Ballston Spa; amended in its entirety 11-13-2019 by L.L. No. 8-2019. Amendments noted where applicable.]
A. 
There is hereby created and established a Village Park and Tree Board for the Village of Ballston Spa, New York, which shall consist of at least five members, who shall be appointed by the Mayor with the approval of the Board of Trustees and who shall serve without compensation. The Park and Tree Board is an advisory board to the Village Board of Trustees.
B. 
The term of the five persons to be appointed to the Village Park and Tree Board shall be three years, except that in the initial term, members shall be appointed to lesser terms in order to allow for staggered terms. In the event a vacancy shall occur during the term of any member, his successor shall be appointed for the unexpired portion of the term. The Board shall meet a minimum of six times each year, but may call additional meetings as necessary.
A. 
It will be the duties of the Board to:
(1) 
Promote responsible planting of trees, shrubs and plants on public property throughout the Village and in Village parks.
(2) 
Promote public education about trees, shrubs and plants.
(3) 
Develop programs and projects to enhance Village beautification.
(4) 
Develop innovative and joint funding for projects.
(5) 
Study, investigate, counsel and develop and/or update, and administer a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks, along streets and in other public areas.
B. 
The Park and Tree Board shall consider, investigate, make findings, report and make recommendations upon any special matter requested by the Village Board.
The Mayor shall annually appoint a chairperson of the Board during the Village organizational meeting each April. The Board will keep written minutes of their meetings and publish the minutes on the Village website. All regularly scheduled meetings to be attended by the majority of the members shall be included in the Village's website calendar and shall be open to any public attendance. Members of the Board shall disclose to the Board of Trustees any personal financial interest in any project considered by the Board. A majority of the members shall be a quorum for the transaction of business.
A. 
The Park and Tree Board, in consultation with the Cornell Cooperative Extension and/or the NYS Department of Environmental Conservation, will develop and periodically update a list which contains allowable species for small, medium and large trees to be planted on public property and in the right-of-way adjacent to public thoroughfares within the Village of Ballston Spa. The Board will develop regulations pertaining to the spacing, distance from curb, sidewalk, street corners, fireplugs and/or utilities for all Village Street Trees.
B. 
No species other than those contained in the list may be planted within the Village without the written permission of the Village Park and Tree Board.
A. 
The Village shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to insure public safety or to preserve or enhance the symmetry and beauty of such public grounds.
B. 
The Village Park and Tree Board may cause to be removed any tree or part thereof which creates an unsafe condition or is injurious to sewers, electric power lines, gas lines, water lines, or other public improvements, or which is affected with any injurious fungus, insect or other pest. This section does not prohibit the planting of allowable trees and shrubs by private property owners as long as the selection and location of the plantings are in accordance with the provisions of this chapter.
It shall be unlawful as a normal practice for any person, firm, or Village department to top any tree on public and park properties. "Topping" is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes or certain trees under utility wires or other obstructions where different pruning practices are impractical may be exempted from this chapter at the determination of the Village Park and Tree Board.
Every owner of any tree or shrub on private property overhanging any street, sidewalk or right-of-way within the Village shall prune the branches so that such branches shall not obstruct the light from any street lamp, overhang the sidewalk to obstruct use of the full sidewalk or obstruct the view of any street intersection. In addition, property owners are also responsible for pruning branches on their own trees or shrubs as well as those in the public right-of-way abutting their property so that there shall be a clear space of eight feet above the surface of the street or sidewalk. Said owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs which constitute a danger to the safety of the public. The Village shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a streetlight or interferes with visibility of any traffic control device or sign. The Village shall have the authority to prune such trees and shrubs and charge the cost of this work on the owner's property tax notice.
The Village shall have the right to cause the removal of any dead or diseased trees on private property within the Village when such trees constitute a hazard to life and property or harbor insects or disease which constitute a potential threat to other trees within the Village. The Village will notify, in writing, the owners of such trees and request permission to enter the property in order to inspect the trees. In the event any tree is diseased, removal shall be done by owners at their own expense within 60 days after the date of service of notice and inspection of any tree. In the event of failure of owners to comply with such provisions within that time period, the Village shall have the authority to remove such trees and charge the cost of removal on the owner's property tax notice.
It shall be unlawful for any person to prevent, delay or interfere with the Village Park and Tree Board, or any of its agents, while engaging in and about the planting, cultivating, mulching, pruning, spraying, or removing of any plantings, shrubs or trees on public property, as authorized in this chapter.
It shall be unlawful for any person or firm to engage in the business or occupation of removing trees within the Village without first applying for and procuring a license. The license fee shall be paid in advance; provided, however, that no license shall be required of any public service company or Village employee doing such work in the pursuit of their public service endeavors. Before any license shall be issued, each applicant shall first file evidence of possession of liability insurance in the minimum amounts of $50,000 for bodily injury and $100,000 property damage, indemnifying the Village or any person injured or damaged resulting from the pursuit of such endeavors as herein described.
The Village Board shall have the right to review the conduct, acts and decisions of the Village Park and Tree Board. Any person may appeal from any ruling or order of the Village Park and Tree Board to the Village Board, which has the authority to hear the matter and make final decisions.
Any person, firm or corporation who or which shall violate any of the provisions of this chapter or any rule or regulation made pursuant thereto shall, upon conviction thereof, be subjected to a fine of not more than $250 and/or imprisonment for 15 days. Each day during or on which a violation of this chapter shall occur shall be deemed to be a separate and distinct offense.