[HISTORY: Adopted by the Town Board of the
Town of Holland 3-8-2000 by L.L. No. 1-2000. Amendments noted where
applicable.]
It is the purpose and intent of this chapter
to: protect and promote the public health, safety and general welfare
by requiring the preservation and protection of trees on public and
private property within the Town of Holland; prevent the unnecessary
clearing, destruction and disturbance of trees on public and private
property within the Town of Holland; establish minimum standards and
criteria for the limitation of the removal of trees on public and
private property within the Town of Holland; establish minimum standards
and criteria to ensure the replacement of trees removed from public
and private property within the Town of Holland; reduce flooding;
reduce water pollution; reduce effects of wind and air turbulence;
reduce visual pollution; reduce sound pollution; reduce soil erosion;
reduce levels of carbon dioxide and return oxygen to atmosphere; increase
groundwater supply; provide shade; provide habitat for wildlife; conserve
and protect property values and otherwise facilitate the creation
of a convenient, attractive and harmonious community; and generally
preserve and safeguard the ecological, economic and aesthetic environment.
As used in this chapter, the following terms
shall have the meanings indicated:
All trees located in parks and all other areas owned by the
Town.
All trees, shrubs, bushes and all woody vegetation on land
located between property lines on either side of public streets, highways
or rights-of-way within the Town.
The severe cutting back of limbs to stubs larger than three
inches in diameter within the tree's crown to such a degree so as
to remove the normal canopy and disfigure the tree.
Any woody perennial plant (deciduous or coniferous) usually
having a single main stem, generally with few or no branches on its
lower part.
The Town shall have the right to prune, treat,
maintain and preserve any park trees as may be necessary to ensure
public safety or to preserve or enhance the symmetry and beauty of
parks.
The owner of any tree overhanging any street
or public right-of-way within the Town shall prune the branches of
said tree to provide an unobstructed view of any street intersection.
There, shall be a clear space of 13 feet above the street and eight
feet above the sidewalk. Upon notice to remedy, the owner shall remove
all dead, diseased or dangerous trees or broken or decayed limbs which
constitute a danger and menace to the safety of the public. The Town
shall have the right to prune any tree or shrub on private property
when it interferes with the proper spread of light along the street
from a streetlight or interferes with the visibility of any traffic
control device or sign.
No person or firm, except as established by
this chapter, shall cut down or top any street tree, park tree or
other tree, shrubs, bushes and woody vegetation on public property.
Trees severely damaged by storms or other causes or trees under utility
wires or other obstructions where other pruning practices are impractical
may be topped by order of the Town.
The Town shall have the right to cause the removal
of any dead or diseased trees on private property within the Town
when such trees constitute a hazard to public life and property or
harbor insects or disease which constitutes a potential threat to
other trees within the Town on private property. The Town will notify
in writing the owners of such trees. Removal shall be done by the
owners at their expense within 60 days after the date of service of
notice. In the event of failure to comply with the required removal,
the Town is authorized to remove such trees and charge the cost of
removal on the property tax notice of the owner.
Any person or firm is prohibited to prevent,
delay, obstruct or interfere with the Town or any of its agents or
employees while engaged in the maintenance or removal of any street
trees, park trees or trees on private property as authorized by this
chapter.
When tree removal is occasioned by any development
or land use or change thereof requiring site or subdivision plan approval
under the Zoning Law,[1] a tree preservation plan shall be required to be filed
with said application to the Town Board designee. The tree preservation
plan shall set forth the type, size and location of trees to be cut
down. No separate tree removal permit application shall be required.
A.
The following factors are to be considered for tree
preservation plan:
(1)
The extent to which the actual or intended use of
the property in accordance with the regulations of the zoning district
in which the property lies requires cutting down, killing or destroying
trees following approval of a tree preservation plan and development/site
plan.
(2)
Any unreasonable hardship to the applicant which will
result from modification or denial of the requested permission.
(3)
The value of preserving any tree by reason of its
location, size, age or some other outstanding quality, such as uniqueness,
rarity or status as a landmark or species specimen, but not limited
thereto.
(4)
The extent to which the area would be subject to increased
water runoff and other environmental degradation due to removal of
the tree(s).
(5)
The heightened environmental value of preserving tree
cover in densely developed or densely populated areas.
(6)
The need for visual screening in transitional zones
or relief from glare, commercial or industrial unsightliness or any
other affront to the visual sense in any part of the Town.
(7)
The condition of the tree(s) with respect to disease
and potential for creating hazardous conditions.
(8)
The proximity of the tree(s) to existing or proposed
structures and utility appurtenances.
(9)
The environmental effect of the removal, destruction
or killing of the tree(s).
(10)
The intention of the applicant to replant additional
trees at the site.
(11)
Noncorrectable damage or obstruction to sewer services.
B.
The Board shall have within 30 days from the date
such request is submitted to the Town to approve or disapprove the
request.
C.
Any applicant aggrieved by a decision of the Town
Board designee may, within 30 days of the date on which the decision
was mailed to the applicant, appeal such decision to the Town Board.
The appeal shall be in writing and shall include a copy of all papers
filed with the Board designee and a copy of the decision of the Board
designee. The appeal shall be filed when it is received by the Town
Clerk. The Town Board shall act upon such appeal within 30 days after
such notice of appeal is filed with the Town Clerk. In the event that
the Town Board fails to act with respect to such appeal within 30
days after the appeal is filed with the Town Clerk, the application
shall be deemed approved, and the applicant shall be entitled to the
issuance of the permit required hereunder in accordance with the application.
A.
When street or park trees are removed by the authority
of the Town Board designee or by other Town officials, said trees
should be replaced by the Town either:
B.
Where a site or subdivision plan is required and where
more than three trees are to be removed, the applicant must make provisions
for new trees to be planted on the site as a mitigation measure. Such
new plantings shall be subject to approval by the Town as applicable.
A permanent certificate of occupancy shall not be issued until the
plantings are made.
C.
If any trees are unlawfully cut down, cleared, killed,
girdled or otherwise destroyed by any person(s), firm(s), association(s)
or corporation(s) in connection with or preparatory to any development,
improvement or change of use or proposed rezoning for which a permit
or permission is required by the Town, then, in addition to any other
fine or penalty provided for in this chapter, or elsewhere, said person(s),
firm(s), association(s) or corporation(s) shall not be granted such
permit or permission by the Town unless and until a remedial tree
planting plan for the subject premises is accepted and approved by
the Town as part of the coordinated review process.
Pursuant to the provisions of § 169
of the New York State Agriculture and Markets Law, the Town Board
of the Town of Holland elects to exercise and enjoy, through its appropriate
officers and employees, the powers and immunities prescribed and granted
in §§ 164, 165 and 167 of the Agriculture and Markets
Law with respect and in regard to the Dutch elm disease within the
limits of said Town.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Every violation by any person, firm, association
or corporation of any of the provisions of this chapter shall be deemed
as to be an offense against this chapter, and upon conviction therefor,
such person, firm, association or corporation shall be subject to
a fine not to exceed $250 for each offense or by imprisonment for
a period of not more than 15 days, or by both such fine and imprisonment
and a civil penalty for the removal or destruction of any tree on
private property or street or park tree equal to its value, not to
exceed $350 per tree.
This chapter shall be administered as specified
herein and enforced by the Building Safety Inspector/Zoning Enforcement
Officer or other Board designee of the Town.
