[Amended 5-17-2011 by L.L. No. 4-2011]
There is a direct relationship between the planting of trees, shrubs and associated vegetation in sufficient number in populated areas and the health, safety and welfare of communities and the physical and visual qualities of the environment which towns are authorized to protect. Trees and such vegetation abate noise, provide welcome shade to people, preserve the balance of oxygen in the air by removing carbon dioxide and fostering air quality and add color and verdure to human construction. They also help to stabilize and control water pollution by preventing soil erosion and flooding, yield advantageous microclimatic effects and provide a natural habitat for wildlife. The removal of trees and related vegetation impairs the stability and value of both improved and unimproved real property in the area of removal and adversely affects public health, safety and general welfare. The Town, in seeking to promote the health, safety and general welfare of its citizens and in seeking to preserve the quality and character of its environment, finds that trees, shrubs and associated vegetation are an important natural resource. The Town recognizes the practical and aesthetic value of trees and wishes to assure that future generations of Town residents will continue to enjoy the benefits of living in a community filled with trees. This chapter seeks to promote the preservation of trees in rights-of-way and other public places.
The Town Commissioner of Public Works shall have control of all trees in Town highways, Town parks and other public places and shall prosecute complaints for injury to Town/public trees. The Town Tree Council shall develop and recommend a comprehensive program promoting the purpose of this chapter, hereinafter referred to as the "Town Forestry Program."
[Amended 5-17-2011 by L.L. No. 4-2011]
The Town Tree Council shall develop and submit an annual written Town Forestry Plan to the Town Board. The plan, after adoption by the Town Board, shall constitute the official Town Forestry Plan for the Town of Greece and shall be administered by the Town Tree Council. The Town Forestry Plan shall define the annual goals and objectives of the Town Forestry Program and shall include a current statement of Arboricultural Specifications and Standards of Practice and a current Master Tree List and Street Tree Inventory. Nothing contained in the Town Forestry Program or the Arboricultural Specifications and Standards of Practice shall abridge the authority of the Commissioner of Public Works as provided for in the New York State Highway Law.
[Amended 4-21-2009 by L.L. No. 1-2009]
Owners of property adjoining Town highways may locate and plant trees on Town property in the tree lawn at their own expense, with the approval of the Commissioner of Public Works upon issuance of a highway permit. Approval shall be granted if the planting proposed is in accordance with the Arboricultural Specifications and Standards of Practice included in the Town Forestry Plan and if trees to be planted are selected from the Master Tree List included in the Town Forestry Plan. The Town Commissioner of Public Works shall authorize approved planting by an approved highway permit, and shall approve a map or diagram showing the location of tree planting and species. Any tree so installed shall become a Town/public tree and be added to the Town's Street Tree Inventory.
The Town Commissioner of Public Works shall see that Town/public trees which must be removed are replanted or replaced in accordance with the Arboricultural Specifications and Standards of Practice included in the Town Forestry Plan and that all replacement trees are selected from the Master Tree List included in the Town Forestry Plan. If conditions prevent planting at the removal site, a tree removed from the tree lawn may be replanted or replaced at an alternative site in the same area; and a tree removed from a public place may be replanted or replaced at an alternative site in the same public place of the Town.
[Amended 4-21-2009 by L.L. No. 1-2009]
The Town Tree Council shall review development and subdivision site plans which are being presented to the Environmental Board for comment and make recommendations in conjunction with the Environmental Board regarding the preservation of wood lots prior to Planning Board decisionmaking. Landscape recommendations ensure compliance with landscaping guidelines and tree loss mitigation.
[Amended 4-21-2009 by L.L. No. 1-2009]
A. To protect the public, any person who plants, prunes, maintains or removes trees as a business on any area of land in the Town shall be insured and shall comply with state and local liability insurance requirements, workers' compensation and safety codes. No person who plants, maintains or removes trees as a business shall work on any tree on any area of land in the Town without first applying for and obtaining an annually renewable registration certificate from the Town available through the office of the Town Clerk.
[Amended 5-17-2011 by L.L. No. 4-2011]
B. No business, tree contractor or landscaping business shall leave brush, leaves, wood, debris or other consideration in the Town right-of-way. Such material removal is the responsibility of the contractor and not the Town of Greece.
[Amended 5-17-2011 by L.L. No. 4-2011]
A. Any person violating or failing to comply with any provision of this chapter shall be guilty of a violation and, upon conviction thereof, shall be fined a sum not exceeding $500 or imprisoned for a term not exceeding 15 days, or both. Each tree affected by noncompliance with this chapter shall constitute a separate violation.
B. In lieu of or in addition to any fine or imprisonment, or both, imposed for a conviction of a violation of this chapter, each such violation may be subject to a civil penalty not exceeding $500, to be recovered in an action or proceeding in a court of competent jurisdiction. Each day a violation continues shall be subject to a separate civil penalty. In addition to said civil penalty, recovery of the value of any tree damaged, destroyed or removed in violation of this chapter shall be had by the Town in an amount equal to the value of said tree or trees, based on the International Society of Arboriculture's Valuation of Landscape Trees, Shrubs and Other Plants.
C. The Commissioner of Public Works or his/her designee shall have the authority to issue an appearance ticket subscribed by him/her directing a designated person to appear in a designated criminal court at a designated future time in connection with the alleged commission of a designated violation of this chapter or any order made thereunder.
D. The Town Attorney may maintain an action or proceeding in a court of competent jurisdiction to compel compliance with this chapter, notwithstanding the provisions of Subsection
A or
B hereof for a penalty or other punishment.