This chapter shall be known and may be cited as the "Tree Law
of the Village of Springville, Erie County, New York."
As used in this chapter, the following terms shall have the
meanings indicated:
ADJACENT PROPERTY OWNER
The person, firm, entity, or corporation owning property
bordering a Village street. The adjacent property owner to a public
tree shall be the owner of property located within the street right-of-way,
on a perpendicular with the street line through the center of the
tree four feet above the edge of pavement of a roadway.
DIAMETER BREAST HEIGHT (DBH)
Tree trunk diameter measured in inches with a calipers at
six inches from grade in the case of trees measuring four inches or
less in diameter; and at a height of 4 1/2 feet above grade when
the tree trunk is larger than four inches.
DRIPLINE
A vertical line extending from the outermost edge of the
tree canopy or shrub branch to the ground.
NUISANCE
Any thing or act that annoys or disturbs unreasonably, hurts
a person's use of his or her property, or violates the public
safety and welfare.
ORNAMENTAL TREE (SMALL TREE)
Small to medium trees that grow 15 feet to 20 feet in height
at maturity, and that are planted for aesthetic purposes such as colorful
flowers, interesting or fall foliage.
PARK
Includes land designated as a park pursuant to New York State
statutes as well as areas such as playgrounds, pools, rail trail,
or other recreational facilities within the Village under the jurisdiction
of the Village Board of Trustees pursuant to the Village of Springville
Code.
PUBLIC PLACES
Includes all grounds owned, leased, or controlled by the
Village for public use.
PUBLIC TREE
Any woody plant, located on municipal property or within
the municipal right-of-way, having at least one well-defined trunk
and at least 2 1/2 inches in diameter measured at a height of
six inches above the natural grade and having a clearly defined crown.
SEVERE ROOT PRUNING
Cutting back the underground tree roots inside 1.5 times
the dripline of the tree that will be detrimental to the life of the
tree.
SHADE TREES (LARGE TREES)
A large tree growing over 40 feet in height at maturity,
usually deciduous, that is planted to provide canopy cover shade.
STREET
A highway, road, avenue, lane, alley, culvert, embankment,
or sidewalk which the public has a right to use. Village, county and
state roads in the Village limits are included as a street.
STREET TREE
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.
TOPPING
Severe cutting back of limbs to stubs larger that three inches
in diameter within the tree crown to such degree so as to remove the
normal canopy and disfigure the tree.
TREE WORK
Includes but not limited to, pruning, shaping, thinning,
cabling, stump removal, root pruning, topping, fertilizing, removing,
planting, and spraying for insect and disease control, of a tree.
TREELAWN
The green space adjacent to a street or highway, not covered
by sidewalk or other paving, lying within the right-of-way of the
street.
UTILITIES
Those entities that provide electricity, gas, sewer, water,
telecommunication services to properties within the Village. The Village
of Springville provides municipal water, sewer, and electric services
to residents of the Village.
Private property owners have the duty, at their own expense,
to cut down and remove any trees upon their property which are dead,
harbor insects or disease, or which are so damaged as to be a public
nuisance and in danger of falling, thereby causing damage to person
or property of others. The Village Tree Committee shall recommend
to the Code Enforcement Officer to provide the property owner with
written notification that a tree or shrub should be removed for the
reasons stated above. Owners shall, at their own expense, remove such
trees. Owners shall have 15 days after the date of service of the
notice to inform the Code Officer as to when the tree shall be removed.
Owners shall have no more than 30 days after informing the Code Enforcement
Officer to remove such trees unless the Code Officer indicates otherwise
in writing. If owners fail to comply with such provisions, the Village
shall remove such trees and charge the cost of removal to the property
owner upon notice. If the cost of such removal remains unpaid for
60 days, the cost of removal shall be added to the next real estate
tax bill of the property owner.
It shall be unlawful for any person, firm, entity, corporation,
or utility to top any street tree or shrub, or to engage in severe
root pruning. Trees severely damaged by storms or certain trees under
utility wires or other obstructions, where other pruning practices
are impractical, may be exempted from this chapter upon the recommendation
of the Tree Committee.
No one shall hinder, prevent, delay, or interfere with the Village
or its agents, including the Tree Committee, or any of its assistants,
or any contractors while engaged in carrying out the enforcement of
this chapter or duly adopted regulations.
If any section, paragraph, sentence, clause, or phrase of this
chapter is found to be invalid by a court of competent jurisdiction,
such judgment shall not affect, impair, or invalidate the remaining
portions of this chapter.
This chapter shall become effective immediately upon filing
with the New York State Secretary of State.