[HISTORY: Adopted by the Board of Trustees
of the Incorporated Village of Bellerose 12-15-2014 by L.L. No. 2-2014.[1]Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 197,
Trees and Plants, adopted 6-28-1999 by L.L. No. 1-1999.
The Board of Trustees of the Incorporated Village of Bellerose
has determined that it is in the interest of the citizens of the Incorporated
Village of Bellerose to promote and protect their health, safety and
welfare by adopting tree regulations. The Board of Trustees recognizes
the role that trees play in the Village's 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 Board and to enact 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:
Trees, shrubs, bushes and woody vegetation in public parks
and places, and all areas owned by the Village, or to which the public
has free access as a park.
Trees on land lying between property lines on either side
of all roads, boulevards, or right of ways within the Village.
All trees, shrubs, plants, flowers and lawns in or upon the
streets malls, public places and parks within the Village of Bellerose
shall be under the exclusive jurisdiction of the Board of Trustees.
There is hereby created and established a Village Tree Board
for the Incorporated Village of Bellerose, which shall consist of
five members, all residents of the Village, who shall be appointed
by the Mayor with the approval of the Board of Trustees.
The term of the five persons to be appointed by the Mayor with
the consent of the Board of Trustees shall be three years except that
the term of two of the members appointed to the first board shall
be for only one year and the term of two of the members of the first
board shall be for two years. In the event that a vacancy shall occur
during the term of any member, his or her successor shall be appointed
for the unexpired portion of the term.
Members of the Tree Board shall serve without compensation.
It shall be the responsibility of the Tree Board to study, investigate,
counsel and develop and/or update annually, 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. Such plan shall be presented annually to the Village
Board of Trustees and upon its acceptance and approval will constitute
the official comprehensive Village Tree Plan, as may be modified or
supplemented by the Board of Trustees. The Tree Board, when requested
by the Village Board of Trustees, shall consider, investigate, make
findings and report upon any special matter or question coming within
the scope of its work.
The Board shall choose its own officers, make its own rules
and regulations and keep a journal of its proceedings.
The Tree Board, in consultation with a certified arborist, shall
identify the various official street tree species for the Village
of Bellerose. No species other than those included in this list may
be planted as street trees without written permission of the Village
Tree Board.
The spacing of street trees between one another, or between
the curb and sidewalk, will be in accordance with recommendations
from a certified arborist or certified landscape architect.
No vine or shrub shall be planted or maintained within a one-foot
radius of any shade or ornamental tree or shrub planted in any street
mall, public place or park.
No street trees may be planted five lateral feet of any underground
water line, sewer line, transmission line or other utility.
The Village shall have the exclusive responsibility and right
to plant, prune, maintain and remove trees, plants and shrubs within
the lines of all roads, boulevards, rights-of-way and public grounds,
as may be necessary to insure public safety or to preserve or enhance
the symmetry and beauty of public spaces. Upon recommendation of the
Tree Board, the Village may remove any tree or part thereof which
is in an unsafe condition or which by reason of its nature is injurious
to sewers, electric power lines, gas lines, water lines, other public
improvements, or private property, or which is affected with any injurious
fungus, insect or other pest. This section does not prohibit the planting
of street trees by adjacent property owners providing that the selection
and location of said trees are first approved by the Tree Board or
Board of Trustees.
No person shall cut, deface, mutilate or in any way misuse any
tree, shrub, plant, flower or lawn in or upon the street malls, public
places or parks within the Incorporated Village of Bellerose, nor
shall any vehicle, structure, person or animal be permitted to stand
or traverse in such manner or position where it may damage, deface
or mutilate the same. No building material, debris, fixture, instrument,
implement, hanging basket, recreational or other device of any kind
shall be piled, placed or attached against or to any tree or shrub
or cause any injury to any plant, flower or lawn upon the street malls,
public places and parks.
Every owner of any tree overhanging any street or right-of-way
within the Village shall prune the branches so that such branches
shall not obstruct the light from any street lamp or obstruct the
view of any street intersection and so that there shall be a clear
space of eight feet above the surface of the street and sidewalk.
Said owners shall remove all their dead, diseased or dangerous trees,
or broken or decayed limbs which constitute a menace to the safety
of the public. The Village shall have the right to prune that portion
of any tree or shrub on private property that interferes with the
proper spread of light along the street from a street light, interferes
with visibility of any traffic control device or sign or pedestrian
movement, or constitutes a menace to the safety of the public, provided
that the Village first gives 30 days' written notice to the property
owner of the Village's intention to prune that portion of the
privately owned tree or shrub.
The Village shall have the right to cause the removal of any
dead, diseased or dangerous trees on private property within the Village,
when such trees constitute a hazard to life and property, or harbor
insects or disease which constitutes a potential threat to other trees.
The Village shall notify in writing the owners of such trees. Removal
shall be done by said owners at their own expense within 30 days after
the date of delivery of notice. In the event of failure of owners
to comply with such provisions, the Village shall have the authority
to remove such trees and assess the cost of removal upon the owner's
next property tax statement.
All stumps of street and park trees shall be removed below the
surface of the ground so that the top of the stump shall not project
above the surface of the ground.
It shall be unlawful for any person to prevent, delay or interfere
with the Village Tree Board, or any of its agents, while engaging
in and about the planting, cultivating, mulching, pruning, spraying,
or removing of any street trees, park trees, or trees on private property,
as authorized under the Village Code.
It shall be unlawful for any person or firm to engage in the
business or occupation of planting, pruning, treating, or removing
street or park trees within the Village on public or private property,
without first procuring a license from the Village. The license fee
shall be established by the Board of Trustees; however, no license
shall be required of any public service company or Village employee
doing such work in the pursuit of their public service requirements.
Before any license shall be issued, each applicant shall first file
evidence of public liability insurance insuring against bodily injury
and property damage in the minimum amounts as shall be established
by Resolution of the Board of Trustees from time to time.
The Board of Trustees shall have the right to review the conduct,
acts and decisions of the Village Tree Board. Any person may appeal
any ruling or order of the Village Tree Board to the Board of Trustees.
Any person violating any provision of this law, except for the
willful removal of a street or park tree, upon conviction or a plea
of guilty, shall be subject to a fine not to exceed $1,000 for each
offense, with indemnification for tree loss or replacement for any
willful defacement or damage to a street or park tree. Any person
willfully removing a street or park tree in violation of this law,
upon conviction or a plea of guilty, shall be subject to a fine not
to exceed $3,000 for such offense, with indemnification for tree loss
or replacement.
