[HISTORY: Adopted by the Board of Trustees
of the Village of Westfield 11-21-2022 by L.L. No. 2-2022.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 141,
Trees, adopted 4-18-1961, as amended.
The chapter shall be known as the "Tree Law for the Village
of Westfield, Chautauqua County, State of New York."
It is the purpose and intent of this chapter to promote and
protect the public health, safety, and general welfare by providing
for the regulation of the planting, maintenance, and removal of trees
within the Village of Westfield which are on Village property, including
public parks, or within the right-of-way of any public street or other
public property. It is also the purpose of this chapter to establish
and maintain diversity of tree species and maximize tree canopy cover
throughout the Village through proper tree planting, tree preservation
when warranted, and conservation.
As used in this chapter, the following terms shall have the
meanings indicated:
A high-capacity street (i.e., Academy Street, Elm Street,
Main Street, South Portage Street, North Portage Street, Union Street).
A person, company, or organization employed to supply necessary
skills and services, such as pruning, trimming, or removing trees
and shrubs.
Physical or chemical injury or harm done to any tree or shrub.
The application of substances to the plant or the surrounding
soil which are required for the optimal growth and health of the tree
or shrub.
To keep a tree in maximum health and vigor.
A tree that attains a maximum height of between 30 feet and
70 feet at maturity.
Pruning or cutting out of water sprouts, suckers, twigs or
branches less than one inch in diameter, or which constitute less
than 15% of the tree's foliage-bearing area. The work shall retain
the natural form of the tree. Removal of dead wood and broken branches
are included within the definition of "minor pruning."
Includes one or more persons, corporations, partnerships,
and all other entities of any kind capable of owning property or being
subject to suit.
The placing of a tree in soil that will encourage growth
and maximum health and vigor.
To keep a tree or shrub from harm, damage or danger; to protect
and save a tree or shrub.
Includes any person or entity as defined under "owner" and
any person or entity, whether or not under contract, that is renting
a property in the Village and is responsible under their rental for
maintenance of the property.
To remove dead or living parts from a tree or shrub so as
to increase health, vigor and form or to protect traffic, sidewalks,
and utilities.
All property owned by the Village of Westfield or public
street rights-of-way within the Village and any other land or property
owned by the Village of Westfield.
To take away and remove a tree or shrub, including the stump
to below ground level.
The removal of a dead, dying or diseased tree or shrub followed
by the planting of a tree or shrub of the same or different species
in the same or adjacent location.
A thoroughfare, however designated, permanently established
for the passage of persons or vehicles, as shown on a plat duly filed
and recorded in the office of the County Clerk, as amended from time
to time.
Woody plant with more than one main stem emerging from the
ground, but not intended to include multitrunked trees.
A woody plant with a single central axis (trunk) emerging
from the ground and acquiring a minimum height of 10 feet at maturity.
The greenspace adjacent to a street or highway, not covered
by sidewalks or paving, lying between the property line and that portion
of the street or highway usually used for vehicular traffic.
Any tree that the Village of Westfield Tree Board and/or
their designee identifies as rare, endangered, or protected according
to Village, county, state or federal law, rule or regulation; one
which has significant old age; one which is associated with an historical
event or person; one which is a tree species of record size; one which
has a unique feature or been determined by the Village of Westfield
Tree Board and/or their designee to have a valuable scenic enhancement
quality or qualities.
A tree that attains a height of 70 feet or more at maturity.
A tree that is potentially dangerous, detrimental or hazardous
to health, safety, utilities, or structures in proximity to the tree.
A tree or shrub not on publicly owned land or within a public
street right-of-way within the Village.
A tree or shrub with a trunk that is at least partially on
publicly owned land or within the right-of-way of a Village public
street.
Any tree, shrub, bush, or other woody vegetation on land
lying between property lines on either side of all streets, avenues,
or roads such as the municipal right-of-way.
To remove parts of a tree or shrub to maintain a desired
shape or size.
A document that recommends to the Village Board of Trustees
projects for tree planting, maintenance, appreciation and replacement.
Those entities that provide electricity, gas, sewer, water,
telephone and cable television to properties within the Village or
on any other land or lands owned by the Village of Westfield.
A.
Establishment; membership; terms.
(1)
The Village Board of Trustees shall create an advisory committee
known as the "Westfield Village Tree Board."
(2)
The Westfield Village Tree Board shall consist of at least five uncompensated
members. In addition, one representative from the Department of Public
Works and the Village Code Enforcement Officer shall serve as ex officio
members of the Tree Board.
(3)
Each member shall be appointed by the Board of Trustees for a term
of three years, which may be renewed for successive terms.
(4)
The Village Board of Trustees shall have the right to review the
conduct, acts and decisions of the Westfield Village Tree Board and
of its individual members. The Board of Trustees shall have the power
to remove individual members and to appoint new members as may be
necessary.
(5)
If a Tree Board member does not serve the full term for reasons other
than the expiration of the term, the Village Board of Trustees shall
appoint a successor to serve for the unexpired term.
B.
Duties. The Tree Board shall have the following duties that include,
but are not necessarily limited to:
(1)
Studying, investigating, developing and/or updating the Village's
Urban Forest Management Plan for caring, preserving, pruning, replanting,
removing or disposing of trees and shrubs in parks, along Village
streets, and in other public areas.
(2)
Maintaining reference materials relating to trees and shrubs.
(3)
Providing an inventory of the location of street trees and public
trees when needed and determining areas where such trees could exist
but are absent.
(4)
Establishing lists of recommended and undesirable tree species for
the Village and recommending to the Director of Public Works or their
assignee the type and kind of trees to be planted upon Village property.
(5)
Recommending specific tree varieties to be preferred along certain
streets for the sake of beautifying an avenue through uniformity in
the trees lining it, or to enhance the significance of streets named
after trees or to achieve some functional purpose.
(6)
Serving as a resource to the Director of Public Works or their assignee
in an advisory capacity to identify trees for immediate removal.
(7)
Identifying where no or few trees are present in the right-of-way
or other village property and requesting the planting of new trees
by the Director of Public Works or their assignee, including specifying
varieties and locations.
(8)
Providing or updating the Village of Westfield Tree Management Plan
at least every five years.
(9)
Serving as a resource to the Village Board of Trustees for a yearly
estimate of project costs, and for help with prioritizing projects.
(10)
Upon request made by landowners, providing recommendations to
Village residents for resources regarding trees on private property.
(11)
Such other tasks or duties related to trees as requested from
time to time by the Village Board of Trustees.
A.
The Tree Board may propose regulations, update the Village's
Urban Forest Management Plan, and give specific guidance to both the
Village Board of Trustees and the Department of Public Works for the
planting, maintenance, removal, and replacement of trees and shrubs
on publicly owned Village property and within the rights-of-way of
public streets to ensure safety and/or to preserve or enhance the
aesthetics or function of such public sites.
B.
The Tree Board may inspect all tree-related work done on publicly
owned property or within the rights-of-way of public streets.
A.
No person shall remove, prune, damage or plant any tree within the
right-of-way of any Village Street or upon Village-owned property
without a permit from the Director of Public Works or their designee.
B.
The Village encourages the planting of a large number and a broad
diversity of tree species on public and private property, as well
as the planting of areas of uniformity when it will enhance beauty,
function, or uniqueness.
(1)
The Village or its agent shall perform all necessary maintenance
to preserve and protect street trees or trees on public grounds in
a safe and healthy condition, including trimming, spraying, fertilizing,
watering, root pruning, mulching, treating for disease or injury,
and removal if necessary.
(2)
The Village shall have the right to plant, prune, maintain and remove
trees, plants and shrubs within lines of Village streets and public
grounds as may be necessary to ensure public safety or to preserve
or enhance the symmetry and beauty of such public grounds.
C.
Trees removed from public property or rights-of-way shall be replaced
at least one for one, with tree species as recommended by the Tree
Board within a reasonable time period, unless there are extenuating
considerations approved by the Tree Board or the Director of Public
Works or their designee. Trees should be added, removed, and replaced
in accordance with the Management Plan.
A.
Application for any permit under this chapter shall be made in writing
to the Director of Public Works and shall state the reasons for the
requested removal, treatment or pruning of the tree or trees.
B.
Such application shall be granted whenever it shall appear that:
(1)
The pruning is required to give adequate clearance of utility wires
or provide for adequate passage on the streets of the Village.
(2)
The tree is in need of pruning or treatment requested.
(3)
The removal of the tree is required in the interest of public safety
or reasonable access to abutting premises.
(4)
Other good cause exists for the relief requested.
A.
No trees shall be planted on Village property or upon public street
rights-of-way that, at maturity, will likely interfere with overhead
utility wires.
B.
It shall be the duty of any person or persons owning real property
bordering on any public street right-of-way to prune any trees or
shrubs thereon in such a manner that they will not obstruct or shade
streetlights, obstruct the passage of pedestrians on sidewalks, obstruct
the visibility of traffic signs, obstruct or hinder the flow of traffic
or obstruct the view of any street or alley intersection.
C.
All trees or shrubs which have branches overhanging a public street
or sidewalk shall have said branches trimmed on the street side to
a clearance height of at least 16 feet on arterial streets or at least
12 feet on other streets, and on the sidewalk side to a clearance
of eight feet.
D.
All trees on public property or within public street rights-of-way
designated for removal shall be completely removed from the growing
site and disposed of in an authorized manner.
E.
No person shall set out, plant or maintain any poplar, soft or silver
maple, box elder, willow or cottonwood tree within 100 feet of any
private sewer, public sewer line or water main within the Village.
The owners or occupants of premises whose trees are standing in violation
of the foregoing provision must cut down, destroy and remove the same
within 30 days after service upon such owner or occupant of written
demand from the Director of Public Works or designee.
F.
Whenever the roots of any tree have broken into, clogged or obstructed
any sewer or sewer mains in the Village, the Director of Public Works
shall ascertain the location and identity of the tree, shall forthwith
cause written demand to be served on the owner or occupant of the
premises where the tree is located requiring that such tree be cut
down, destroyed and removed within 30 days.
G.
Whenever any tree on private lands or otherwise is so situate that
the felling thereof may cause said tree or any part thereof to come
in contact with electric or telephone wires or obstruct the street
or sidewalk or endanger the users thereof, such owner must procure
from the Director of Public Works or designee a permit authorizing
such person to cut or remove said tree.
H.
Any work done under a permit required under this chapter must be
performed in strict accordance with the terms thereof and under the
supervision of the Director of Public Works or designee.
A.
Any street tree or tree planted on property owned by the Village
of Westfield which is not maintained in compliance with the provisions
of the Tree Law or which is dead or dangerous is hereby declared to
constitute a public nuisance. The Director of Public Works or their
designee, when made aware of such nuisance, shall abate the nuisance
in a timely manner, with tree replacement whenever possible. The Director
of Public Works or their designee, or the Village Tree Board, may
also request the replacement of unsightly trees.
B.
The Tree Board or the Director of Public Works or his/her designee
shall inform the Village Board of Trustees of any private tree which
is a nuisance because it obstructs a public street, sidewalk, sewer,
or is otherwise a nuisance, dead or dangerous and request that the
property owner be personally notified and asked to abate the nuisance.
Failure to do so within a reasonable time shall result in written
notice being served on the property owner. Such notice shall specify
in detail the nature of the Tree Board's or DPW Director's
recommendations.
A.
Prior to development, redevelopment, razing, or renovation of any
land within the Village, the Tree Board may request to survey the
property for the presence of landmark trees, as well as any other
rare, endangered, or protected plants. The Tree Board will work with
the developer or contractor to maintain trees identified as landmark
trees and will offer, where possible, any needed assistance from the
Department of Public Works to transplant, when practical, other rare,
endangered, or protected plants to other sites within the Village
favorable for the growth and survival of such plants.
B.
No person shall excavate any ditches, tunnels, or trenches, place
any fill, compact the soil, place heavy materials such as concrete
blocks or boulders, or construct any building, pavement, curb, or
public utility within a radius of 20 feet from any landmark or Village
tree without a permit issued by the Director of Public Works or designee.
C.
No person shall intentionally damage, cut, carve, attach any rope,
wire, nails, advertising posters, or other contrivance to any landmark
tree, or any tree upon public property or right-of-way, nor allow
any gaseous, liquid, or chemical, or solid substance that is harmful
to such trees to come in contact with them or set fire or permit fire
to burn when such fire or heat therefrom will injure any portion of
any such tree without written approval from the Director of Public
Works or their designee, in close consultation with the Village Tree
Board.
D.
For private trees, upon the discovery of any destructive or communicable
disease, or other pestilence that endangers the growth or health of
trees or threatens to spread disease, injurious fungus, insect or
other pest infestations on private property, the Tree Board or Director
of Public Works or their designee shall notify the Village Board of
Trustees and require that the owner of the property upon which such
diseased or infected tree is situated be notified of the condition.
The notice shall encourage such property owner to eradicate, remove,
or otherwise control such condition within reasonable time to be specified
in such notice. If a threat to trees on other private or public property
is deemed to be imminent or serious, the Director of Public Works
of the Village of Westfield or the Westfield Police Department may
be requested to serve written notice thereof on the property owner.
Such notice shall specify in detail the nature of the nuisance and
the requirements for abatement.
E.
For public trees or street trees, upon the discovery of any destructive
or communicable disease or other pestilence that endangers the growth
or health of trees or threatens to spread disease, injurious fungus,
insect or other pest infestations on public property, the Tree Board
shall notify the Director of Public Works thereof and request that
it be corrected within a reasonable time.
No person, firm, organization or corporation shall prevent,
delay, or interfere with the Tree Board, Village Board of Trustees,
Department of Public Works, or contractors in the execution or enforcement
of this chapter, including the planting, maintaining, mulching, trimming,
pruning, fertilizing, spraying, preserving or removal of any tree,
shrub or plant in any right-of-way or public place within the Village
of Westfield.
Any person who receives a written notice in accordance with
the Tree Law and objects to all or a part thereof may, within 10 days
of receipt thereof, notify the Village Board of Trustees, in writing,
of the specific nature and reason(s) of the objection and request
a hearing thereon. The hearing shall be held at the next regularly
scheduled meeting of the Village Board of Trustees, if the appeal
is filed at least 10 days before such meeting, or at a special meeting
if so called by the Board. Within 10 days after such hearing, the
Village Mayor, in consultation with the Village Board of Trustees
and the Tree Board, shall render a decision and notify the appellant
of the decision.
A.
Failure within 15 days after receiving either a notice of violation
or notice of the Village's decision upon appeal to comply with
said notice and/or decision upon appeal shall be a violation of this
chapter, and each day's neglect and refusal to comply with the
terms of said notice shall constitute a separate offense.
B.
If the owner or occupant of premises mentioned in the foregoing provisions
shall fail to cut down, destroy and remove a tree or remove, trim
or cut back brush after having been given notice to do so as provided
by this chapter, the Village may cause the necessary work to be done
and is authorized and empowered to enter upon the premises as is necessary
to accomplish the work, and the actual cost therefor and other additional
cost in connection therewith shall be certified by the duly appointed
officer of the Village to the Board of Trustees of the Village, and
such costs shall thereupon become and be a lien upon the land on which
such tree was located. Such cost shall be added to and become and
form a part of the taxes next to be assessed and levied upon such
land. The assessment of the cost of the work done by the Village against
the property involved shall be in addition to penalties imposed herein
for any violation or noncompliance with any provisions of this chapter.
C.
The Code Enforcement Officer may issue and serve an appearance ticket
for violations of this chapter.
D.
Any person, whether as principal, agent, or employee, violating or
assisting in violation of any of the provisions of this chapter shall,
upon conviction thereof, be sentenced to pay a fine not exceeding
$100 for each violation and costs of suit and, in default of payment
of fine and costs, to undergo imprisonment for not more than 30 days.
E.
In addition to the above provided penalties and punishment, the Village
Board of Trustees may also maintain an action or proceeding in the
name of the Village in a court of competent jurisdiction to compel
compliance with or to restrain by injunction the violation of this
chapter.
F.
No remedy or penalty specified in this section shall be the exclusive
remedy or penalty available to address any violation described herein,
and each remedy or penalty specified in this section shall be in addition
to, and not in substitution for or limitation of, the other remedies
or penalties specified in this section, or in any other applicable
state or local law.
Nothing contained in this chapter shall be deemed to impose
liability upon the Village, the Village Board of Trustees, the Tree
Board, the Department of Public Works, or individuals, companies or
corporations hired by the Village, nor to relieve the owner of any
private property from the duty to keep any tree, shrub or plant that
he/she planted in the right-of-way of a public street or that is on
his/her property from constituting a hazard or an impediment to travel
or vision upon any street, sidewalk, park or other public place within
the Village of Westfield.
