[HISTORY: Adopted by the Town Board of the Town of Lloyd as indicated
in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
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:
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.
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.
A.
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:
A.
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.
B.
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.
C.
To administer, after receiving general approval by resolution
of the Town Board, a Town of Lloyd Comprehensive Town Tree Plan.
D.
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.
The Municipal Code Enforcement Officer of the Town of Lloyd.
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.
A.
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.
B.
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.
A.
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.
B.
No person can remove the road tree canopy, i.e., a person
can't prune higher than 18 feet, measured from the road pavement.
C.
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.
D.
Highway crews trimming brush along Town roads must look
for strong, healthy trees to leave so that roadside trees develop in a natural
way.
A.
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.
B.
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.
C.
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.
D.
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.
A.
Procedure for abatement of violations.
(1)
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.
(2)
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.
B.
Penalty for violation.
(1)
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.
