As used in this chapter, the following terms shall have the
meanings indicated:
DWELLING, SINGLE-FAMILY
A dwelling designed for and occupied by not more than one
family and surrounded by open space or yards and having no roof, wall
or floor in common with any other dwelling unit.
DWELLING, TWO-FAMILY
A dwelling designed for and occupied by not more than two
families in separate dwelling units, each of which is totally separated
from the other by a continuous wall extending from lowest floor to
roof or an unpierced ceiling and floor extending from exterior wall
to exterior wall.
NATIVE TREE
A tree that is indigenous within the northeast United States
of America.
STREET RIGHT-OF-WAY
The area within the designated right-of-way line(s) of a
highway, street, road or lane within the Town. Said right- of- way
lines are delineated and /or defined by applicable Town, state or
county law, rule or ordinance ("ROW").
STREET TREES
Trees planted within the ROW between the pavement edge and
the right-of-way boundary.
TOPPING
Topping is the severe cutting back of limbs to stubs larger
than three inches in diameter within the tree's crown to such
a degree so as to remove the normal canopy of the trees.
TREE
A plant having a permanently woody main stem or trunk, ordinarily
growing to a considerable height.
TREE CANOPY
The extent of the outer layer of branches and leaves of an
individual tree or group of trees.
TREE COMMITTEE
A committee, established in Chapter
8, Conservation Commission, Article
III, to foster a healthy urban forest in the Town and to provide advice to Town boards, commissions and departments.
URBAN FOREST MANAGEMENT PLAN
A set of guidelines duly adopted by the Town and used to
guide tree selection, placement, maintenance, removal, and replacement
to achieve a desired level of quality for the physical environment
(hereafter "UFM Plan").
For planting within the ROW of lots occupied by single- or two-family
dwellings:
A. Tree selection, location.
(1) Species to be planted shall generally be selected from the list of
desirable trees as outlined in the UFM Plan.
(2) Trees under overhead utility wires shall be selected from the list
of desirable trees for this location as outlined in the UFM Plan.
B. Tree maintenance.
(1) Trees shall be maintained by the lot owner in accordance with the
UFM Plan.
(2) All landscaping and lawn areas shall be maintained.
(3) Dead material shall be replaced.
(4) Plant material shall regularly be pruned and nourished to maintain
health.
C. Where ROW trees have been damaged or destroyed by natural causes,
the Town may, but is not obligated to, replace the trees. The DACC
pursuant to its UFM Plan should make recommendations to the Town regarding
appropriate replacement.
For planting within the ROW for lots other than those occupied
by single- or two-family dwellings and/or lots owned by the Town:
A. Species to be planted shall generally be selected from the list of trees as outlined in the design guidelines as provided for in Chapter
192, Zoning.
B. Trees under overhead utility wires shall be selected from the list of trees identified for this location, as outlined in the design guidelines as provided for in Chapter
192, Zoning.
C. Trees shall be maintained in accordance with §
192-100B(2) of the Code.
D. Where ROW trees have been damaged or destroyed by natural causes,
the Town may, but is not obligated to, replace the trees. The DACC
pursuant to its UFM Plan should make recommendations to the Town regarding
appropriate replacement.
E. Upon passage of a UFM Plan, the design guidelines will be updated
to include the appropriate elements of the UFM.
For lots owned by the Town, tree selection, location, maintenance,
removal and replacement shall be undertaken pursuant to the UFM Plan.
Unless otherwise stated, a violation of this chapter shall be
an offense punishable by a fine not to exceed $200 or by imprisonment
for a period of not to exceed 10 days, or both. Each day's continued
violation shall constitute a separate, additional violation.
This chapter shall take effect immediately upon filing with
the Secretary of State.