The Town Board of Trustees of the Town of Mount Hope has determined
that it is in the interest of the citizens of the Town of Mount Hope
to promote and protect their health, safety and welfare of its residents
and visitors, and to adopt a shade tree ordinance. The Town Board
recognizes the role that trees play in the Town ecosystem and that
they contribute to the quality of air, reduce noise and visual pollution,
help to moderate climatic extremes and conserve energy, and the Board
further recognizes the role trees play in enhancing property values
and the general quality of life in the Town. In order to establish
a responsible program for planting, maintenance, husbandry, or removal
of trees or shrubs in the Town, the Town Board finds it necessary
to establish a Shade Tree Commission and to adopt this chapter to
provide an orderly framework to maximize the benefits afforded by
trees within the Town.
As used in this chapter, the following terms shall have the
meanings indicated:
PARK TREES
Any trees, shrubs, bushes and all woody vegetation on land
lying within public parks having names and in all areas owned by the
Town and to which the public has access.
PUBLIC TREES
Any trees, shrubs, bushes and all woody vegetation on land
lying within a public street or right-of-way within the Town.
The Shade Tree Commission of the Town of Mount Hope shall consist
of five Commissioners who shall be appointed by the Town Board and
who shall serve without compensation. The Shade Tree Commission shall
inventory all public trees within the Town and shall study, investigate,
and from time to time update the condition of all such public trees.
The Shade Tree Commission shall periodically counsel the Town Board
on how best to manage the public trees and shall prepare and update
a written plan for the public safety, care, preservation, pruning,
planting, replanting, removal or disposition of trees within the Town
of Mount Hope easements, streets, and Town parks. This plan shall
also include a provision for public education.
No person shall remove, destroy, or cause the removal or destruction
of a tree on any Town street or in any Town park, or undertake construction
or any activity which may significantly and prematurely detract from
the health or growth of a tree, without first having obtained written
permission for such removal or construction at the office of the Town
Building Department. All applications must be approved by the Shade
Tree Commission.
Any violation of this chapter shall constitute a violation within
the meaning of the Penal Law of the State of New York, and an appearance
ticket alleging such violation may be issued by any police officer
having jurisdiction. A violation of this chapter shall be subject
to a fine of not more than $250 or imprisonment for not more than
15 days, or both.
No license shall be required of any entity performing tree work
that has been approved by the Town Board, Shade Tree Commission, or
Town Highway Superintendent.
It shall be unlawful for any person to prevent, delay, or interfere
with the Shade Tree Commission or any of its agents while engaging
in and about the planting, cultivating, mulching, pruning, spraying,
or removing of any park trees or public trees or trees on private
property as authorized by this chapter.