[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.