The Town Council of the Town of Owasco finds that trees provide
shade, green space, reduction in noise and visual pollution, improve
air quality and reduce the effects of global warming, impede soil
erosion, reduce heat island effects, and increase property values.
It is in the best interests of the community to establish a program
for planning, maintenance and removal of trees, the sustainable composting
and disposal of brush, and to establish a Tree Board in order to maximize
the benefits afforded by trees within the Town and provide an orderly
framework for such activities. This chapter is designed to protect
the health, safety and welfare of Town residents.
The Town Council shall designate a member of the Tree Board
to act as Chair thereof and may designate staffing as appropriate.
The Tree Board shall adopt rules and procedures for its meetings.
It shall keep accurate records of its meetings and activities and
shall file an annual report as provided in this chapter.
Any development subject to subdivision or site plan approval
involving the proposed removal of any trees on said property shall
include in its application a description of any trees proposed to
be removed which meet applicable thresholds as to size, species, and/or
location as part of a forested area as set forth in the Community
Forestry Management Plan. Upon request by the Planning Board, the
Tree Board shall review a proposal for a mitigation plan, cluster
subdivision, landscape plan or other site plan element in connection
with such subdivision or site plan. Such review shall include comments
and recommendations consistent with the approved Community Forestry
Management Plan regarding location and species of new plantings of
street trees, preservation of existing trees during construction,
and preservation and maintenance of existing plantings for streetscapes,
buffer areas, parking areas, parks and other public areas.
The Tree Board shall submit an annual report to the Town Council
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 chapter.
The members of the Tree Board shall receive no compensation
for their services as members thereof but may be reimbursed for reasonable
and necessary expenses incurred in the performance of their duties
within the appropriations made available therefor.
The Town Council may annually appropriate and cause to be raised
by taxation in such Town a sum sufficient to carry out the provisions
of this chapter.
Any person violating or failing to comply with the provision
of this chapter shall be subject to a civil penalty not to exceed
$1,000. For the purpose of this chapter, each tree affected by noncompliance
with the provisions of this chapter shall constitute a separate violation.
Such civil penalty shall be in addition to and not in lieu of any
damages incurred by the Town with respect to street and park trees
including expense of removal and replacement of damaged or removed
street and park trees. The Town Zoning Enforcement Office shall administer
and enforce all provisions of this chapter.
This chapter shall be deemed an exercise of the powers of the
Town of Owasco to preserve and improve the quality of the natural
and artificial environment on behalf of the present and future inhabitants
thereof. This chapter is not intended and shall not be deemed to impair
powers of any other public corporation.