[HISTORY: Adopted by the Town Board of the Town of Lloyd as indicated in article histories. Amendments noted where applicable.]
Environmental Conservation Council — See Ch. 8.
Freshwater wetlands — See Ch. 62.
[Adopted 12-12-1990 by L.L. No. 7-1990]
As used in this article, the following terms shall have the meanings indicated:
- PARK TREES
- Trees, shrubs, bushes and all other woody vegetation on or in the following parks and memorial areas: Johnson-Iorio Park, Berean Park, Tony Williams Park, Veterans' Memorial at Milton Avenue and Route 9-W and all such other parks and areas as the Town may hereafter acquire or establish.
- STREET TREES
- Trees, shrubs, bushes and all other woody vegetation on land lying between property lines on either side of all streets, avenues or ways within the Town.
The Town Board of the Town of Lloyd hereby creates a Board which will be known as the "Town of Lloyd Tree Board."
The Tree Board shall consist of five members who shall be appointed by the Town Board. Persons residing within the Town of Lloyd who are interested in the planting and maintenance of trees in accordance with the principals of the Tree City, USA, program shall be eligible for appointment as a member of the Tree Board. Vacancies on the Board shall be filled in the same manner as the original appointment, except that a vacancy occurring other than by expiration of a term of office shall be filled only for the remainder of the unexpired term.
The term of office of the five persons appointed to the Tree Board shall be three years with the following exceptions: Two Tree Board members appointed to the first Board shall have a term of office of one year, and two Tree Board members appointed to the first Board shall have a term of office of two years.
The Tree Board shall designate one of its members as the Chairperson thereof. At the first meeting of the Tree Board, its members shall elect from among themselves a Recording Secretary.
The powers and duties of the Tree Board shall be to:
Advise the Town Board on matters affecting the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks, along streets and in other public areas.
Study, investigate, counsel and develop a written, comprehensive Town Tree Plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks, along streets and in other public areas in the Town of Lloyd and to update such plan annually.
To administer, after receiving general approval by resolution of the Town Board, a Town of Lloyd Comprehensive Town Tree Plan.
Carry out such other considerations, reports and investigations as the Town Board may from time to time assign to the Tree Board.
The Tree Board shall submit an annual report to the Town Board not later than the first day of April of each year, concerning the activities and work of the Tree Board, and from time to time shall submit such reports and recommendations as may be necessary to fulfill the purposes of this article.
The members of the Tree Board shall receive no compensation for their services as members thereof but may be reimbursed for the reasonable and necessary expenses incurred in the performance of their duties within the appropriations made available therefor.
[Adopted 6-9-1999 by L.L. No. 6-1999]
Unless the context of subject matter otherwise requires, the following definitions shall be used in the interpretation and construction of this article:
- The Beautification/Tree Board of the Town of Lloyd.
- ENFORCEMENT OFFICER
- The Municipal Code Enforcement Officer of the Town of Lloyd.
- TOP or TOPPING
- The severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree as to remove the normal canopy and disfigure the tree.
- The Town of Lloyd.
- A woody, perennial plant at least three feet in height.
The Town shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets and public grounds as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds.
The Enforcement Officer may remove or cause or order to be removed any trees or part thereof which is in an unsafe condition or which, by reason of its nature, is injurious to waterlines, sewer lines, electric power lines, telephone lines or other public improvements or is infected with any injurious fungus, insect or other pest.
It shall be unlawful for any person, firm, corporation or Town department to cut, top or remove any tree on public property and/or along any public street or thoroughfare in the space or area which measures 16 1/2 feet from the center line to the property line.
No person can remove the road tree canopy, i.e., a person can't prune higher than 18 feet, measured from the road pavement.
Trees severely damaged by storms or other emergency causes or certain trees interfering with utility wires or other obstructions, where other pruning practices are impractical, may be exempted from this article.
Highway crews trimming brush along Town roads must look for strong, healthy trees to leave so that roadside trees develop in a natural way.
Any person, firm, corporation or Town department seeking to cut, top or remove a tree protected by this article shall submit an application to the Tree Board, in writing, setting forth the name and address of the applicant, the owner and location of the property upon which such tree or trees are located, a sketch or plot plan setting forth the tree or trees to be cut, topped or removed and a brief statement of the reason for the application.
The application shall be filed with the Town Clerk and submitted by the Clerk to the Beautification/Tree Board, which shall act upon the application within 20 days after receipt thereof by the Town Clerk. Failure of the Beautification/Tree Board to act within 20 days shall constitute approval of the application. The Board may require, as a condition for approval, that a replacement tree or trees of reasonable size be planted within six months of the removal of the tree or trees specified in the application or the next planting season, whichever is sooner. The applicant guarantees that the replacement trees will be maintained for at least five years.
Any applicant aggrieved by the decision of the Beautification/Tree Board may, within 30 days of the date on which the Board's decision is mailed to the applicant, appeal such decision to the Town Board. The appeal shall be in writing and shall include a copy of all of the papers filed with the Board and shall be deemed filed when it is received by the Town Clerk. The Town Board shall act upon such appeal within 30 days after the notice of appeal is filed with the Town Clerk. The Town Board may vote to extend for an additional 30 days the time in which it must consider the appeal if it reasonably believes that such additional time is necessary to consider the merits of the decision of the Beautification/Tree Board and of the applicant. Failure of the Town Board to act within 30 days after the appeal is filed with the Town Clerk or, if the time is extended by the Town Board, within 60 days, shall be deemed approval of the application.
Any person aggrieved by the decision of the Town Board may, within 30 days of the date on which the Town Board's decision is filed in the office of the Town Clerk, apply to the Supreme Court for relief as provided in Article 78 of the Civil Practice Law and Rules of the State of New York.
It shall be unlawful for any person to prevent, delay or interfere with employees of the Town while engaging in and about the planting, cultivating, mulching, pruning, spraying or removing of any trees on Town property as authorized by this article.
Procedure for abatement of violations.
Notice of violation. Upon finding a violation of the provisions of this article, the Enforcement Officer shall serve written notice, either by personal service or certified mail, addressed to the premises of such violation, on the person committing or permitting such violation or on the owner of the property. Such notice shall specify the nature of the violation as it exists and specify a reasonable time limit, of not less than five days, in which compliance shall be achieved.
Legal action. The Enforcement Officer shall, upon failure of the responsible party to comply with a violation order within the specified time, refer the matter to the Town Board so that the Town Board may, by resolution, direct the Town Attorney to undertake appropriate legal action against such party.
Penalty for violation.
Penalty. Any person, firm or corporation, whether as owner, lessee, builder, or person or firm engaged in the business or occupation of pruning, treating or removing trees, or the agent or employee of any of them, who violates or is accessory to the violation of any provision of this article shall be liable to a penalty not exceeding $250 per tree for each instance in which such violation occurs. Such penalties shall be collectable by and in the name of the Town.