This chapter shall be known as the "Pine Plains Tree Law."
The Town Board enacts this chapter to achieve the following
purposes:
A. Provide a mechanism for the removal and pruning of trees on public
and private lands which impact public highways and other public property
in the Town, which pose a hazard to the general public;
B. Establish and maintain the maximum sustainable amount of tree cover
on public and private lands which impact public highways and other
public property in the Town;
C. Help ensure that trees which pose a hazard to the general public
are removed and/or pruned in accordance with sound arboricultural
practices;
D. Protect and enhance the character of the Town by assuring that decisions
regarding the removal and pruning of trees are consistent within sound
arboriculture practices; and
E. Preserve the natural beauty and community character of the Town.
As used in this chapter, the following terms shall have the
meanings indicated:
ARBORICULTURE
The cultivation of trees and shrubs, including the study
of how they grow and respond to cultural practices and the environment,
as well as aspects of cultivation such as selection, planting, care,
and removal.
ARBORIST
A trained specialist certified by the International Society
of Arboriculture or one of its chapters or other nationally recognized
arboricultural organizations with expertise in tree management.
CANOPY COVER
A measurement or projection of the total crown size that
a tree or trees in a specified area will attain at maturity.
CROWN
All portions of a tree, excluding the trunk and roots, such
as branches and foliage.
EASEMENT (HIGHWAY)
The areas on private land that adjoin Town, county or state
roads and over which the Town has jurisdiction or rights to use or
control for purposes of protecting the health, safety and welfare
of pedestrians and motor vehicles utilizing the highways.
HAZARDOUS TREE
Any tree which constitutes a public nuisance by virtue of
having an infectious disease or insect problem, being dead or dying,
having limbs that obstruct streetlights, traffic lights, etc., or
a tree that poses a threat to public safety from falling limbs.
HERITAGE TREE
A tree identified by inventory, or other study of the Town's
Conservation Advisory Council, which has certain unique or noteworthy
characteristics or values, including endangered species, rarity, age
or historical significance to make that tree deserving of special
protection under this chapter.
PUBLIC TREE
A tree on publicly owned land (such as library and school
grounds and grounds of municipal buildings) which is not parkland.
ROADSIDE TREE
A tree growing within the boundaries of any municipally owned
highway and on any private property within any easement or right-of-way
of a municipal highway not owned in fee simple title by that municipality.
SPECIMEN TREE
A mature tree (not a heritage tree) which is an excellent
example of a species in structure and aesthetics with a minimum diameter
of 18 inches at 4.5 feet dbh above ground or a minimum crown spread
of 15 feet.
TOPPING
Severe cutting back of limbs within the tree's crown to such
an extent that the tree is disfigured by loss of its natural form.
TREE CUTTING
Any removal, breaking, pruning, destruction or injuring of
any tree covered by the provisions of this chapter.
The Highway Department shall make best efforts to consult with
public utility authorities prior to its seasonal pruning along power
line easements. The utility shall be provided with a copy of this
chapter, and the Town shall make best efforts to have the public utility
adhere to the goals and procedures set forth in this chapter.