[HISTORY: Adopted by the Board of Trustees of the Village
of Lake George 6-21-2021 by L.L. No. 4-2021. Amendments noted where
applicable.]
The Board of Trustees of the Village of Lake George has determined
that it is in the interest of the citizens of the Village of Lake
George to promote and protect their health, safety and welfare to
adopt a tree care 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 and to adopt this Local Law 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:
Any trees, shrubs, bushes and all woody vegetation on land
lying within public parks having names and in all areas 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 within the Village.
The Village Board has delegated the joint Village-Town Go Green
Committee to provide for oversight and implementation of this law,
in conjunction with the oversight, implementation and enforcement
by necessary Village staff. The Go Green Committee shall at a minimum
have at least one elected official and two staff members from the
Village of Lake George at all times. The Go Green Committee shall
assist with any urban and community forestry planning efforts, including
but not limited to, inventorying all public trees within the Village,
studying, investigating, and from time to time updating a plan for
the condition of all such public trees. The Go Green Committee shall
periodically counsel the Village Board of Trustees on how best to
manage the public trees and should, at their discretion, prepare and
update a written plan for the public safety, care, preservation, pruning,
planting, replanting, removal or disposition of trees within the Village
of Lake George easements, streets, and Village parks. This plan shall
also include a provision for public education.
A.
The Board of Trustees of the Village of Lake George and all authorized
Village employees shall have the right to plant, prune, maintain and
remove trees and woody plants within the limits of all Village streets,
sidewalks, rights-of-way, or parks. The Board and authorized staff,
in appropriate cases, and upon consultation and with the property
owner, may remove or prune a tree which stands upon private property
but which threaten the safety or welfare of those who may use a Village
street, sidewalk or park.
B.
The Go Green Committee may recommend the removal of any tree or part
thereof within the limits of any street, sidewalk or public park which
threatens the safety or welfare of any person or which by 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. When a public tree dies, the Village staff and/or Go Green
Committee shall determine the reason(s) why. Consideration for replacement
of removed trees should always be given.
C.
Immediately after a storm event, if a tree or branches from a public
tree are hindering or impacting a landowner, they may remove the branch
or tree with notification and approval from the Village of Lake George.
D.
Native species are required to be used for public trees and landscaping.
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 Department of Public Works. All applications must be
approved by the Go Green Committee, the Village Board of Trustees,
and all approvals shall be in conformance with a tree master plan,
if one exists.
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 Code Enforcement
Officer having jurisdiction.
A.
The Village Board of Trustees shall have the right to review the
conduct, acts, and decisions of the Go Green Committee and of its
individual members, in regard to oversight and implementation of this
ordinance. The Board of Trustees shall, in conjunction with the Town
Board of the Town of Lake George, suggest new, replacement or alternative
Go Green Committee members when necessary.
B.
Any person who is aggrieved by any decision of the Go Green Committee
may appeal the decision within 10 days of the filing of a formal decision
by the Go Green Committee with the office of the Village Clerk. The
appeal shall be heard by the Village 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.
Should any section of this chapter be found to be unconstitutional,
that finding shall in no way affect the other sections of this chapter,
which shall remain in effect. 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.
