[HISTORY: Adopted by the Town Board of the
Town of Greece 7-18-1995 by L.L. No. 4-1995. Amendments noted where
applicable.]
[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.
ARBORICULTURAL SPECIFICATIONS AND STANDARDS OF PRACTICE
COMMISSIONER OF PUBLIC WORKS
DEVELOPER
ENFORCEMENT OFFICER
HIGHWAY
MASTER TREE LIST
PERSON
PUBLIC PLACE
TOWN
TOWN FORESTRY PLAN
TOWN OR PUBLIC TREE
TREE LAWN
For the purpose of this chapter, the following terms,
phrases, words and their derivations shall have the meanings given
herein:
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.
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]
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.
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]
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.
A listing of suitable and desirable types and species of
trees able to thrive in Town highways and public places of the Town.
Any person, firm, partnership, association, corporation,
company or organization of any kind, including public utility and
municipal departments.
Includes all grounds owned by the Town of Greece or under
its control or supervision, whether owned, leased or under contract
of the Town.
The Town of Greece, lying within the County of Monroe, State
of New York.
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.
Any tree now or hereafter growing within the bounds of any
Town highway or public place.
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.
[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.
