[HISTORY: Adopted by the Board of Trustees of the Village of Massena 9-4-2001
by L.L. No. 2-2001. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Trees, shrubs, bushes and all other woody vegetation in public parks
having individual names and all areas owned by the Village or to which the
public has free access as a park.
Trees, shrubs, bushes and all other woody vegetation which are not
located within the right-of-way of the Village of Massena or on property owned
by the Village of Massena.
Trees, shrubs, bushes and all other woody vegetation on land lying
between property lines on either side of all streets, avenues, or ways within
the right-of-way of the Village of Massena.
[Amended 10-2-2007 by L.L. No. 2-2007]
There is hereby created a Village Arbor Committee for the Village of
Massena, County of St. Lawrence, State of New York. Said Committee shall consist
of seven members, citizens and residents of this Village, who shall be appointed
by the Mayor of the Village of Massena.
A.
Term of office.
(1)
The term of office of the seven persons to be appointed
by the Mayor of the Village of Massena shall be three years, except that the
term of two of the members appointed to the original Committee shall be for
only one year, and the term of two of the members of the original Committee
shall be for two years.
(2)
In the event that a vacancy shall occur during the term
of any member, his/her successor shall be appointed for the unexpired portion
of the term.
B.
Compensation. The members of the Arbor Committee, including
ex officio members, shall receive no compensation for their services pursuant
to this chapter, but they may be reimbursed for reasonable and necessary expenses
incurred in the performance of their duties within the appropriations made
available therefor.
C.
Duties and responsibilities. The Arbor Committee shall
have the following duties and responsibilities:
(1)
To study the problems and determine the needs of the
Village of Massena, County of St. Lawrence, State of New York, in connection
with its tree management program.
(2)
To assist the Department of Public Works with the type
and kinds of trees to be planted upon such municipal streets or parts of municipal
streets, parks, and rights-of-way, or as designated.
(3)
To assist the Village of Massena Department of Public
Works, County of St. Lawrence, State of New York, and its residents of the
Village in the dissemination of news and information regarding selection,
planting, and maintenance of trees within the Village limits.
(4)
To provide regular and special meetings at which the
subject of trees insofar as it relates to the Village may be discussed by
members of the Committee, officers, and personnel of the Village and all others
interested in the tree management program.
D.
Operation. The Arbor Committee shall choose its own officers,
make its own rules and regulations (subject to Board approval), and keep a
journal of its proceedings. A majority of the members shall be a quorum for
the transaction of business.
A.
The spacing of street trees will be in accordance with
the species size classes listed in the Specifications and no trees may be
planted closer together than the following: small trees, 30 feet; medium trees,
40 feet; and large trees, 50 feet, except in special plantings designed by
an arborist.
B.
No nuisance trees shall be planted in the Village of
Massena. Such trees must have the approval of an arborist to be planted and
can be removed from Village property if considered a hazard or nuisance.
The distances trees may be planted from curbs or curblines and sidewalks
will be in accordance with the three species size classes listed in the Specifications,
and no trees may be planted closer to any curb or sidewalk than the following:
small trees, two feet; medium trees, three feet; large trees, four feet.
No street trees shall be planted closer than 35 feet to any street corner,
measured from the point of the nearest intersecting curbs or curblines. No
street tree shall be planted closer than 10 feet to any fire hydrant.
No street tree other than those species listed in Specifications as
small trees may be planted under or within 10 lateral feet of any overhead
utility wire, or over or within three lateral feet (small or medium), five
lateral feet (large), or any underground water line, sewer line, transmission
line or other utility. DIG SAFELY. NEW YORK (800/962-7962) shall be contacted
in order to locate utilities prior to any planting at proposed sites.
[Amended 10-2-2007 by L.L. No. 2-2007]
The Village shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds. The Department of Public Works 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, electric power lines, gas lines, water lines or other public improvements; or is affected with an injurious fungus, insect, or other pest or poses a hazard to the public. This section does not prohibit the planting of street trees by adjacent property owners, providing that the selection and location of said trees is in accordance with §§ 278-3 and 278-4 and the Specifications to this chapter.
It shall be unlawful as a moral practice for any person, firm, or Village
department to top any street tree, park tree, or other trees on public property.
Topping is defined as the severe cutting back of limbs to stubs larger than
three inches in diameter within the tree's crown to such a degree as
to remove the normal canopy and disfigure the tree. Trees severely damaged
by storm or other causes, or certain trees under utility wires or other obstructions
where other pruning practices are impractical, may be exempted from this section
at the determination of an arborist.
[Amended 10-2-2007 by L.L. No. 2-2007]
Every owner of any tree on private property overhanging any street 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 15 feet above the
surface of the street or sidewalk. Said owners shall remove all 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 or cause
the removal of any tree or shrub, in whole or in part, on private property
when it: interferes with the proper spread of light along the street from
a streetlight, interferes with visibility of any traffic-control device, sign
or street intersection or constitutes a menace to the safety of the public.
[Amended 10-2-2007 by L.L. No. 2-2007]
The Village shall have the right to cause the removal of any dead or
diseased street trees or trees on private property within the Village when
such trees constitute a hazard to life and property or harbor insects or disease
which constitutes potential threat to other trees within the Village. The
Village shall notify in writing the owners of such trees. Removal shall be
done by said owners at their own expense within 10 days after the date of
service 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 charge the cost
of removal on the property tax notice.
All stumps of 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.
In order to protect the Village's investment in time and resources
in the street program, it shall be unlawful to remove any healthy street tree
without prior approval of the arborist.
It shall be unlawful for any person to prevent, delay, or interfere
with agents of the Village tree program while they are engaged in and about
planting, cultivating, mulching, pruning, spraying, or removing any street
trees, as authorized in this chapter.
Contractors occupying Village streets for building purposes shall place
such proper guards about all trees liable to injury as shall effectually protect
them.
