For the purpose of this chapter, the following terms and phrases
shall be given the meanings stated herein:
APPLICANT
The owner of real property or his duly authorized agent seeking
a permit to alter or remove a tree as defined by this chapter or perform
any substantial physical alteration to the existing terrain within
the dripline of any such tree which is subject to the provisions of
this chapter.
PERSON
Any individual, firm, partnership, entity, association, corporation,
company, public utility or municipal corporation.
TOWN BOARD
The Town Board of the Town of Montgomery.
TREE
A living, perennial, woody plant, including its branches,
its root system and its trunk, which tree shall be within 30 points
of the point score for the state champion tree for the particular
species involved as ascertained by a qualified forester with reference
to the list of Big Trees of New York State as set forth in Section
11 of this chapter or any tree or stand of trees having particular historic
significance as ascertained by resolution or order of any federal,
state or local government board, bureau or agency.
No person shall destroy or cause any act which might reasonably
be expected to destroy or impair the health and characteristics or
commit any act which causes the destruction or cessation of life functions
of any tree as defined by this chapter, including, without limitation,
the substantial alteration or any excavation of the terrain within
the dripline of any such tree without first having obtained a permit
issued therefor as prescribed by this chapter.
The Town Board of the Town of Montgomery hereby designates the
aforesaid American sycamore tree located at Browns Road to be the
Official Tree of the Town of Montgomery. Nothing herein contained,
however, should be construed to limit the application of the provisions
of this chapter to this tree only.
This chapter shall be administered by the Town Board, which
shall have the authority to promulgate rules and regulations for the
effective administration of this chapter consistent with the legislative
intent of this chapter. The Town Board also shall have the authority
to delegate, by resolution, the administration of this chapter to
appropriate municipal officials, boards or commissions as now existing
or as may be created in the future.
Any person with standing who is aggrieved by the final decision
of the Town Board or any duly authorized delegate of the Town Board
with respect to any matter contained in this chapter may commence
a proceeding pursuant to Civil Practice Law and Rules, Article 78,
in a court of competent jurisdiction within 30 days of the date the
final decision is filed with the office of the Town Clerk of the Town
of Montgomery.