The purpose of this chapter shall be to provide for the health and maintenance of existing trees and for the planting of new trees and shrubs on Village of Manlius property and within the public right-of-way, for the mutual benefit of its residents, and maintenance of a healthy community forest. Healthy trees and a healthy community forest support the design and environmental goals of the Village of Manlius, and promote the general welfare of Village of Manlius residents and visitors. Publicly managed street and park trees are hereby recognized as an important community resource for their aesthetic appeal and the social and ecosystem benefits they provide including improved air quality, reduced stormwater runoff, reduced energy use, greenhouse gas reduction, and increased residential property values.
[HISTORY: Adopted by the Board of Trustees of the Village of Manlius 12-11-2025 by L.L. No. 5-2025. Amendments noted where applicable.]
As used in this chapter, the following words and phrases shall have the meanings indicated:
The area along a public street between the curb and the sidewalk, or if there is no curb or sidewalk, the unpaved portion of the area between the street right-of-way line and the paved portion of the street or alley.
Any tree or woody vegetation on village-owned or village-maintained property or rights-of-way.
A.
The Village or its authorized agent(s) shall perform all necessary maintenance on municipal trees, plants and shrubs to preserve and protect plants in a safe and healthy condition, including trimming, pruning, spraying, fertilizing, watering, staking, root pruning, mulching, treating for disease or injury, and removal if necessary.
B.
The Village shall have the sole authority and right to plant, prune, maintain and remove trees, plants and shrubs within Village-owned property as may be necessary to ensure public safety, or to preserve or enhance the symmetry and beauty of such public grounds, or to provide for a healthier community forest.
C.
The Village shall have the right to plant, prune, maintain and remove trees, plants and shrubs within municipal rights-of-way and areas subject to municipal easement as may be necessary to ensure public safety and the function of utilities.
D.
The Village of Manlius Tree Commission, or an ISA-certified arborist it approves, shall provide recommendations and advice to the Village of Manlius Superintendent of Public Works regarding all actions in Subsections A, B and C above, except when time is of the essence to protect the public safety such as in emergency situations.
E.
The Village Tree Commission may recommend a tree or part of a tree or shrub on private property be removed if the plant:
(1)
Poses a potential public safety risk or hazard; or
(2)
Causes an unsafe condition; or
(3)
Is injurious to sewers, electric power lines, gas lines, waterlines or other public improvements, and the situation cannot be mitigated by other means; or
(4)
Is affected with any injurious fungus, insect or pest that threatens municipal trees;
(5)
Notwithstanding the above, where a property owner has the legal responsibility to take action to remove a plant, the Village may elect to advise the owner to take such action immediately.
No person, owner or occupant of premises shall permit the growth or development of any trees or shrubs in such manner as to interfere with any traffic signs, traffic signals, or fire hydrants. In the event that such trees or shrubs interfere with any such signs, signals, or fire hydrants, the Public Works Superintendent or other officer of the Village designated for such purpose shall have the power to remove or trim the same.
A.
Overhanging branches. It shall be the duty of every owner or occupant of property to keep the trees and shrubs on her/his premises, excepting public trees, trimmed so as not to interfere with passersby on the sidewalk or roadway. All overhanging limbs shall be at least nine feet above the center of the sidewalk and 11 feet above the roadway.
B.
Shrubbery at intersections. It shall be the duty of the owner or occupant of property located at street intersections to keep all hedges, bushes, flowers or other growing plants so trimmed as not to create a traffic hazard by obstructing or interfering with the view of motorists or pedestrians.
C.
Trimming by village. Any owner or occupant of property who has been notified by the Village Clerk that the trees or shrubs on his premises are in violation of Subsection A or B hereof and shall fail to correct the condition within five days of the sending of such notice to his last known address by regular first class mail shall be in violation of this section, and in addition to the penalties otherwise enforceable, the village may thereafter trim offending trees and shrubbery to correct the prohibited conditions and assess the costs thereof against said owner or occupant. Such costs, if not paid, shall be assessable against the property as a tax thereon.
New developments of commercial or residential properties within the Village are required to abide by the Village Planning Board's recommendations for density of trees and shrubs within the new development area, as well as abide by any restrictions on the use of prohibited or regulated species as defined in 6 NYCRR 575. The Village Planning Board will solicit input from the Tree Commission on development proposals.
A.
The Public Works Superintendent and/or Village Code Enforcement Officer, under the direction and supervision of the Board of Trustees, shall have charge of all trees and shrubs in public streets, highways, and the parkways with the power to prosecute complaints for any intentional injury or unlawful act with respect thereto, subject to the Village Board's authority under Section 6-602 of the NY State Village Law.
B.
The Public Works Superintendent and/or the Code Enforcement Officer shall have the power to prohibit the setting out, planting or removal of any trees in any streets, highways, and parkways, within the limits of the Village without his/her written consent.
C.
Power to Plant, Maintain and Remove Trees in Public Places.
(1)
The Village Public Works Superintendent shall have the right to plant, trim, spray, preserve and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, parkways, lands, lanes, squares and public grounds as may be necessary to ensure safety and promote the beauty of such public grounds.
(2)
Under the power here given, the Village Public Works Superintendent may remove or cause or order to be removed any tree or part thereof which is in an unsafe condition or which, by reason of its nature, is injurious to sewers or other public improvements or is affected with any injurious fungus, insect or other pest.
It shall be unlawful for any person to prevent, delay or interfere or cause or authorize or procure any interference or delay with the Public Works Superintendent or any of his employees, agents or servants while they are engaged in and about the planting, cultivating, mulching, pruning, spraying or removing of any trees, plants or shrubs as authorized herein or in removing any device attached to such tree, plant or shrub or in removing a stone, cement, sidewalk or other material or substance as may be necessary for the protection and care of any such trees, plants or shrubs.
A.
Any person, firm, entity, or corporation violating or failing to comply with any of the provisions of this chapter shall be guilty of a violation, and upon conviction thereof shall be fined no more than $250 and imprisoned no more than 15 days. This penalty shall apply to each violation of this chapter.
B.
Unpaid penalties for property owners. Should a property owner incur a penalty and that penalty remain unpaid for 60 days, the expense shall be added to the next Village real estate tax bill of the property owner.