Town of Greece, NY
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Greece 7-18-1995 by L.L. No. 4-1995. Amendments noted where applicable.]
GENERAL REFERENCES
Department of Public Works — See Ch. 39.
Brush, grass and weeds — See Ch. 68.
Excavations — See Ch. 103.
Subdivision of land — See Ch. 181.
[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.
A. 
When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. The word "shall" is mandatory and not merely directory.
B. 
For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein:
ARBORICULTURAL SPECIFICATIONS AND STANDARDS OF PRACTICE
Detailed specifications and standards of practice regarding such arboricultural activities as planting site and tree selection, site preparation and tree planting, maintenance, removal, replanting and replacement.
COMMISSIONER OF PUBLIC WORKS
The Commissioner of Public Works of the Town of Greece or his/her authorized representative.
[Amended 5-17-2011 by L.L. No. 4-2011]
DEVELOPER
Any person, firm, corporation, partnership or association who or which shall file an application for development with the Town; any person, firm, corporation, partnership or association who or which shall physically alter a site which has been approved for development; and any owner of land approved for development.
ENFORCEMENT OFFICER
Unless otherwise provided for by statute or local law, the Commissioner of Public Works or his/her duly authorized representative.
[Amended 5-17-2011 by L.L. No. 4-2011]
HIGHWAY
The entire width of every public way or right-of-way when any part thereof is open to the use of the public, as a matter of right, for purposes of vehicular and pedestrian traffic.
MASTER TREE LIST
A listing of suitable and desirable types and species of trees able to thrive in Town highways and public places of the Town.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind, including public utility and municipal departments.
PUBLIC PLACE
Includes all grounds owned by the Town of Greece or under its control or supervision, whether owned, leased or under contract of the Town.
TOWN
The Town of Greece, lying within the County of Monroe, State of New York.
TOWN FORESTRY PLAN
An annual written review and description of Town forestry goals, objectives and such related activities as updating the Arboricultural Specifications and Standards of Practice and the Master Tree List, conducting street tree surveys, planting trees and sponsoring educational programs for the public.
TOWN OR PUBLIC TREE
Any tree now or hereafter growing within the bounds of any Town highway or public place.
TREE LAWN
That part of a street or highway not covered by the sidewalk or other paving lying between the property line and that portion of the street or highway usually used for vehicular traffic.
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."
A. 
There shall be created a Town Tree Council consisting of up to seven members appointed by the Town Board. All members shall be citizens and residents of the Town. The Town Board shall endeavor to appoint at least one member who is professionally trained in a field such as forestry, botany, horticulture or landscape architecture. The term of each member shall be three years. A vacancy occurring during the term of any member shall be filled for the unexpired portion of the term.
[Amended 4-21-2009 by L.L. No. 1-2009]
B. 
It shall be the responsibility of the Town Tree Council to develop a comprehensive Town Forestry Program. To this end, the Council shall develop and recommend an annual written Town Forestry Plan and shall provide advice and consultation regarding trees to any Town board, department or citizen.
C. 
The Commissioner of Public Works or his/her designee shall serve as Chairman of the Tree Council. The Tree Council may adopt operational rules and regulations and hold regular meetings that shall be open to the public. A majority of members present shall constitute a quorum for conducting business.
[Amended 5-17-2011 by L.L. No. 4-2011]
[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.
A. 
All work on Town/public trees shall be performed in accordance with the Arboricultural Specifications and Standards of Practice included in the Town Forestry Plan.
B. 
The Town Commissioner of Public Works shall see that all public trees are properly cared for and maintained within the guidelines of the Forestry Plan and fiscal constraints. To this end, no person other than the Town Commissioner of Public Works or his/her duly authorized deputy or agent shall fertilize, spray, cable or brace, trim, prune, cut above ground or below ground or otherwise disturb any public tree without first obtaining a permit from the Town Commissioner of Public Works. He/She shall issue a permit if he/she determines that the work proposed is necessary and that the methods and workmanship proposed are satisfactory. The Town Commissioner of Public Works shall supervise and inspect all work done on public trees under the permit.
[Amended 5-17-2011 by L.L. No. 4-2011]
A. 
The Town Commissioner of Public Works shall treat or remove public trees that are dead or diseased and constitute a hazard to life and property. No person other than the Town Commissioner of Public Works or his/her duly authorized deputy or agent shall prune, cut down, remove or destroy any tree standing or lying on land within the bounds of any Town highway or public place of the Town unless so permitted and authorized by the Commissioner of Public Works. He/She shall see that all removal work on public trees is performed in accordance with the Arboricultural Specifications and Standards of Practice included in the Town Forestry Plan.
[Amended 5-17-2011 by L.L. No. 4-2011]
B. 
The Town shall replant or replace any public tree that it removes, wherever practicable and within fiscal constraints.
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.
A. 
No person shall cut, carve, injure, paint, harm, damage or deface any Town/public tree; attach any rope, wire, nails, advertising posters or other contrivance to any Town/public tree; allow any gaseous liquid, chemical or solid substance which is harmful to trees to come into contact with any tree; or set fire or permit any fire to burn or injure any portion of any tree.
[Amended 4-21-2009 by L.L. No. 1-2009]
B. 
No person shall undertake any excavation or fill, construction or street work near any public tree until said tree shall be safeguarded by such high visibility barriers or other protective measure as shall effectually prevent injury to any part of any tree and its root system to the satisfaction of the Commissioner of Public Works. No person shall excavate any ditches, tunnels or trenches, otherwise change the grade of any terrain or lay any drive within a radius of 15 feet from any public tree without the written approval of the Town Commissioner of Public Works.
C. 
No person shall deposit, place, store or maintain upon any Town tree lawn or public place of the Town any stone, brick, sand, fill dirt, concrete or other materials that may impede the free passage of water, air and fertilizer to the root system of any tree.
[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.
Notes
Registered Tree Services
Created: 2010-08-04
http://greeceny.gov/files/2010%20TREE%20SERVICE%20REGISTRATION%20LIST.pdf
[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.