It shall be unlawful for any person, firm or Town department
to top any street tree, park tree or other tree on public property.
Trees severely damaged by storms or other causes or trees under utility
wires or other obstructions, where other pruning practices are impractical,
may be topped by the order of the Highway Superintendent.
All stumps of street and park trees shall be removed at least
below the surface of the ground so that the top of the stump shall
not project above the surface of the ground.
A.
Subject to the exceptions of Subsection B of this section, it shall be unlawful for any person or to facilitate or engage another person or entity to cut down, kill or otherwise destroy any tree having a caliper greater than four (4) inches, measured six (6) inches above grade, growing on privately owned land within the Town, without a tree removal permit issued by the Commissioner of Building. A tree removal permit shall not be issued for any tree located in a regulated or jurisdictional wetland as determined by the New York State Department of Environmental Conservation (NYSDEC), the United States Environmental Protection Agency (USEPA) or the United States Army Corps of Engineers (USACE) unless approval for the tree removal is obtained from the NYSDEC, USEPA or USACE, as applicable. No one shall cut down, kill or otherwise destroy any street or park tree without the permission of the Highway Superintendent.
B.
The requirement of a permit in Subsection A of this section shall not apply to the following activities:
1.
Cutting down, killing or otherwise destroying trees by the owner
on any tract of land no larger than one (1) acre, improved and being
used for residential purposes, or land no larger than one (1) acre,
being developed under a valid building permit for one- or two-family
dwellings.
2.
Cutting down, killing or otherwise destroying any tree which has
become a danger to human life or property due to disease, accidental
causes, natural forces or other emergency
3.
Cutting down, killing or otherwise destroying trees by public utility
and natural gas companies performing normal construction and maintenance
pursuant to and in compliance with the law; provided, however, that
the Town may review the procedures employed by such companies to determine
whether they comply with all applicable laws and meet the purposes
of this chapter.
4.
Cutting down, killing or otherwise destroying trees where required
by law.
C.
Application for tree removal permit.
1.
When tree removal is occasioned by any development or land use or change thereof requiring Town Board or Planning Board approval of a site or subdivision plan under Chapter 203, Zoning, or Chapter 204, Subdivision of Land, of the Code of the Town of Amherst, the approval of the site plan or final plat approval of the subdivision shall constitute a permit to remove, cut down, kill or otherwise destroy the trees other than those designated to be preserved. No separate tree removal permit application shall be required.
2.
When the person seeking a tree removal permit is not required to
file a site or subdivision plan, the application shall set forth the
type, size and location of the trees sought to be cut down, killed
or otherwise destroyed and the relationship thereof to other trees
and existing and proposed uses or structures on the same lot or tract
of land.
D.
Standards for permit review shall be as follows:
1.
The extent to which use of the property requires cutting down, killing
or destroying trees.
2.
Any hardship to the applicant which will result from a modification
or denial of the requested permit.
3.
The desirability of preserving any tree by reason of its size, age
or some other outstanding quality, such as uniqueness, rarity or status
as a landmark or species specimen.
4.
The extent to which the area would be subject to increased water
runoff and other environmental degradation due to removal of the trees.
5.
The heightened desirability of preserving tree cover in densely developed
or densely populated areas.
6.
The need for visual screening in transitional zones or relief from
glare or any other negative visual impact.
E.
Permit issuance.
1.
Tree removal permits shall be issued by the Commissioner of Building
upon approval of the application by the Division of Forestry. The
issuance of a tree removal permit by the Commissioner of Building
is a discretionary act. The Commissioner of Building may approve or
deny an application for a tree removal permit regardless of the approval
of the application by the Division of Forestry.
2.
Review of application; time period. Except for site plan or subdivision
plan review, if the tree removal permit application is not acted upon
within thirty (30) days after receipt, it shall be deemed approved.
