[HISTORY: Adopted by the Town Board of the Town of Owasco 6-13-2019 by L.L. No. 2-2019.[1] Amendments noted where applicable.]
[1]
Editor's Note: This chapter was adopted as Ch. 94 but was
renumbered in order to maintain the organization of the Code.
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.
A.
The Town Council of the Town of Owasco hereby creates a board to
be known as the "Owasco Town Tree Conservation Board," hereinafter
called the "Tree Board."
B.
The Tree Board shall consist of seven members who shall be appointed
by the Supervisor of the Town Council, subject to the approval of
the Town Council. Members of the Tree Board shall serve terms of two
years, with initial terms staggered so that the terms of not more
than three members expire each year. Vacancies on the Tree Board shall
be filled in the same manner as the original appointment, except that
a vacancy occurring other than by the expiration of term of office
shall be filled only for the remainder of the unexpired term. Persons
residing within the Town of Owasco shall be eligible for appointment
as members of the Tree Board. Members shall be persons who have knowledge
of trees and shrubs and their planting and maintenance, but professional
forester or arborist experience shall not be required. Members of
the Tree Board may be members of the Town Council.
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.
A.
The Tree Board shall advise the Town Council on matters affecting
the conservation and planting of trees so as to enhance the long-range
value of the environment to the people of the Town of Owasco.
B.
The last Friday in April is hereby designated as Arbor Day in the
Town of Owasco. At the request of the Supervisor, the Tree Board may
coordinate an annual Arbor Day observance.
A.
The Tree Board shall develop and implement a Community Forestry Management
Plan, which shall take into account the most current available tree
inventory and reflect the range of land uses within the Town. The
Community Forestry Management Plan shall be subject to approval by
the Town Council.
B.
The Community Forestry Plan shall include a statement of current
arboricultural practices such as ANSI A300 or other standards recommended
by the New York State Department of Environmental Conservation ("DEC")
for Region 7, and reflect new information from the DEC pertaining
to the management and control of invasive organisms.
C.
The Tree Board shall develop and maintain an inventory. Such inventory
will be spatially referenced to permit easy integration to geographic
information system technology and may include significant park trees,
street trees, forested areas, or other significant trees as determined
by the Tree Board with the approval of the Town Council. Data in the
tree inventory will be derived from a census of street trees along
Town and Lakeshore Residential Zones, and statistical sampling along
roads in the Agricultural/Residential Zone.
D.
The Community Forestry Management Plan shall include recommendations
regarding standards applicable to planting and maintenance of street
trees and park trees located on Town-owned property or within Town
rights-of-way. Such recommendations shall take into account the expenses
involved with installation and maintenance. The plan may address species
diversity, planting needs, hazardous trees, insect and disease problems,
invasive tree and shrub species, the need for regular maintenance,
and standards for protection of existing mature trees during construction.
Such plan may also include recommendations regarding further forestry
management planning needs, pruning and tree care, risk assessment,
tree removal, pest and health issues, and volunteer recruitment and
training.
E.
The Community Forestry Management Plan shall include recommendations for guidelines applicable to subdivision and new development subject to review under § 138-9 of this chapter. Such guidelines shall be applicable to trees designated by size, location, significance and/or inclusion within a significant forested area and shall be consistent with arboricultural practices to the extent applicable.
F.
The Community Forestry Management Plan shall include a recommended
program for the oversight and care of all street trees and trees located
in public parks and Town rights-of-way, including recommendations
regarding the management and use of tree brush at the Town Recycling
Center. Such program shall be based on recommended maintenance, care
and removal practices consistent with proper arboricultural practices.
G.
The Tree Board shall provide a recommendation to the Town Council
regarding the annual budgetary requirements for tree planning, planting
and maintenance in accordance with the Community Forestry Management
Plan.
H.
The Tree Board may conduct such other studies, site visits and surveys,
and consult any such regional experts and speakers as may be necessary
to carry out the general purposes of this chapter. The Tree Board
shall make use of the Town's Climate Action Plan, Comprehensive
Plan with Conservation Lands and Trails Plan, and all relevant documents
prepared by or on behalf of the Town or the Town's Planning Board.
I.
The Tree Board, working in cooperation with the Planning Board, may
recommend from time to time to the Town Council features, plans and
programs relating to tree conservation and planting for inclusion
in the Comprehensive Plan of the Town of Owasco and, similarly, recommend
to the Town Council appropriate and desirable changes in existing
local laws and ordinances relating to tree conservation and planting
or recommend new local laws and ordinances.
A.
The Tree Board shall develop an annual work plan with the goal of
maintaining or increasing the percentage of forest canopy cover over
time. The annual work plan is to be consistent with the Community
Forestry Management Plan and shall include an annual plan for maintenance
and planting of public trees. The Tree Board shall encourage the use
of volunteers in its planning, maintenance and planting activities.
B.
The Tree Board shall develop and maintain a list of trees which are
desirable as street trees and for other public areas, and a list of
trees neither suitable nor desirable for such purposes. Such lists
may include classes based on size and recommended use. Such list shall
include specific guidelines for street trees in consultation with
the Highway Superintendent and applicable electric utilities regarding
safety considerations applicable to public streets and utilities.
C.
The Tree Board shall develop and maintain a list of invasive species
based on recommendations of the Invasive Species Council of New York,
National Invasive Species Council, the Finger Lakes Partnership for
Regional Invasive Species Management, and any applicable DEC recommendation
or requirement for the region.
D.
The Tree Board may retain the services of licensed professionals
to assist in planning, planting and maintenance of trees located in
the public right-of-way, recreational park, or other public spaces.
All contracts shall be subject to appropriations for such purpose
by the Town Council and approved by the Town Council in accordance
with the Town's procurement policies.
A.
No person shall remove or otherwise destroy or commit any act which
will lead to the eventual destruction of trees located in public parks,
street trees and other trees located in Town rights-of-way identified
by size and/or location and/or significance in the Community Forestry
Management Plan without first procuring a removal permit from the
Supervisor or his or her designee. With respect to such trees, the
Community Forestry Management Plan may identify pruning practices
which can be expected to lead to destruction of such trees. Any such
pruning practices would also require a removal permit.
B.
This section shall not apply to any tree which is diseased or damaged
by storm, or which is of a type identified in the Community Forestry
Management Plan as an undesirable or invasive species.
C.
An application for removal permit shall be on a form designated by
the Supervisor with the advice of the Tree Board. The Supervisor and/or
his or her designee shall issue the permit provided for herein if,
in his or her judgment, the proposed work is consistent with the Community
Forestry Management Plan or otherwise necessary and desirable. The
permit may include conditions consistent with the Community Forestry
Plan. Application forms and current permits shall be maintained in
the office of the Town Clerk. All applications shall be accompanied
by the applicable fee in accordance with the fee schedule established
and annually reviewed by the Town Council.
D.
An applicant may appeal the denial of a removal permit to the Town
Council within 30 days of notice of the denial.
A.
The Tree Board may incorporate in the Community Forestry Management
Plan recommendations regarding conservation and planting of trees
along Town highways and within the Town's recreational parks.
Such recommendations are subject to the Superintendent of Highway's
determination as to the need to trim or remove trees the Superintendent
determines to be a danger to users of a Town highway pursuant to the
Superintendent's powers and duties under the New York State Highway
Law.
B.
The Tree Board shall maintain liaison and communications with the
Town Council, the Town Planning Board, the Town Highway Superintendent,
and public and private agencies and organizations of local, state
and national scope whose programs and activities have an impact on
the care and planting of trees in the Town who can be of assistance
to the Tree Board.
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.
A.
The Tree Board may develop and, after receiving approval by resolution
of the Town Council, conduct a program of public information in the
community for such purpose.
B.
The Tree Board may obtain and maintain, in orderly fashion, data,
maps, reports, books and other publications to support the necessary
researches of the Tree Board into matters which are the subject of
this chapter. The Tree Board may prepare, print and distribute data,
books, maps, charts and pamphlets in accord with the purposes of this
chapter.
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.
