Town of Amherst, NY
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2023-07-24
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Part II: General Legislation
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Chapter 179 Trees
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Article VIII Christmas Trees
- Part I: Administrative Legislation
- Ch 1 General Provisions
- Ch 4 Administration of Government
- Ch 5 Design Advisory Board
- Ch 6 Arts and Culture in Public Places Board
- Ch 7 Amherst Central Park Task Force
- Ch 8 Citizens' Advisory Committees
- Ch 9 Clerk
- Ch 10 Compensation
- Ch 11 Continuity of Government
- Ch 12 Employee Suggestion Program
- Ch 14 Defense and Indemnification of Employees
- Ch 14A Disabilities, Committee on
- Ch 15 (Reserved)
- Ch 16 Employees' Rights of Organization
- Ch 19 Ethics, Code of
- Ch 22 Freedom of Information
- Ch 25 Industrial and Commercial Incentive Board
- Ch 28 Local Laws, Adoption of
- Ch 32 Minority- and Women-Owned Business Utilization Commitment
- Ch 36 Open Burning
- Ch 39 Police Assistance, Power to Grant
- Ch 40 Purchasing
- Ch 42 Property, Lease or Sale
- Ch 43 Licensing of Property Managers
- Ch 44 Rental Unit Registration
- Ch 45 Residency Requirements
- Ch 52 Superintendent of Highways
- Ch 54 Supervisor
- Ch 55 Term Limits
- Ch 56 Tax Bill Enclosures
- Ch 56A Town Board
- Ch 57 Traffic Violations Bureau
- Ch 58 Adjudicatory Proceedings
- Part II: General Legislation
- Ch 65 Alarms
- Ch 68 Amusements
- Ch 74 (Reserved)
- Ch 77 Bingo
- Ch 78 Blasting and Explosives
- Ch 79 Boats
- Ch 83 Building Construction Administration
- Ch 85 Buildings, Numbering of
- Ch 87 Cable Television
- Ch 89 (Reserved)
- Ch 92 Conservation Easements
- Ch 95 Curb Cuts
- Ch 96 (Reserved)
- Ch 99 Animals
- Ch 103 Emergency Responder Radio Coverage
- Ch 104 Environmental Quality Review
- Ch 106 Excavations
- Ch 108 Expert Fees, Reimbursement of
- Ch 110 Fire Prevention
- Ch 114 Games of Chance
- Ch 116 (Reserved)
- Ch 118 Gasoline
- Ch 119 Geodetic Control Point Network
- Ch 120 Highways, Controlled-Access
- Ch 121 Historic Preservation
- Ch 122 House Trailers
- Ch 125 Improvements, Construction of Public
- Ch 126 Industrial Cost Recovery System
- Ch 127 (Reserved)
- Ch 129 Junkyards
- Ch 130 Landscapers
- Ch 132 Lighting
- Ch 138 Noise
- Ch 139 Notification of Defects
- Ch 140 Mailbox Setback
- Ch 143 Parking for Handicapped
- Ch 144 Parking, Off-Street
- Ch 145 Parks, Playgrounds and Recreation Areas
- Ch 148 Peddling, Soliciting, Transient Businesses and Mobile Food Vending
- Ch 149 Picketing
- Ch 151 Property Maintenance
- Ch 152 Public Nuisance Abatement
- Ch 153 Municipal Opioid Cost Recovery and Public Nuisance
- Ch 155 Recreation and Open Space
- Ch 157 Secondhand Dealers
- Ch 158 Sewer Rates
- Ch 160 Sewers
- Ch 163 Sex Offenders, Registration of
- Ch 166 Snowplowing
- Ch 167 Social Host Liability
- Ch 169 Solid Waste
- Ch 172 Stormwater and Erosion Control; Illicit Discharges
- Ch 175 Taxation
- Ch 177 Taxicabs
- Ch 179 Trees
- Ch 179 Art VIII Christmas Trees
- § 179-20 Permit required; application procedure; information; fee and deposit.
- § 179-21 Removal of debris; Town removal; costs.
- § 179-22 Refund of deposit.
- § 179-23 Obstruction of view prohibited.
- § 179-24 Exceptions.
- Ch 181 (Reserved)
- Ch 184 Vehicles, Abandoned
- Ch 186 Vehicles and Traffic
- Ch 189 Vehicles, Removal and Storage of
- Ch 191 Vending Machines
- Ch 194 (Reserved)
- Ch 198 Weapons
- Ch 199 Wild Waterfowl
- Ch 200 Wetlands
- Ch 203 Zoning
- Ch 204 Subdivision of Land
- Ch 205 Local Waterfront Revitalization Program (Lwrp)
- Disposition List
- Ch DL Disposition List
A.
No person, firm or corporation, except as hereinafter provided, shall
engage in or carry on the business of dealing in evergreen trees commonly
known as "Christmas trees" or storing Christmas trees intended for
sale without first procuring a permit to do so.
B.
Application shall be made, in writing, to the Highway Superintendent
upon forms provided for that purpose.
C.
Applicants shall state the maximum number of trees proposed to be
stored at any one time and location. Where the premises are not owned
by the applicant, the application shall be accompanied by a copy of
the lease covering said premises where said trees are intended to
be stored, together with proof of ownership by the applicant or a
consent, in writing, to the use of said premises for such purpose.
D.
The applicant shall, at the time of filing of the application, pay
a permit fee of $25 and, in addition thereto, make a cash deposit
of $500 to ensure the removal of any trees, rubbish or debris left
on the premises.
E.
The Highway Superintendent may also deny any application. Christmas
tree permits shall not be located in a residential district except
for parcels located in the Suburban Agricultural District.
The applicant and/or the owner of premises upon which Christmas
trees are stored for sale shall remove all Christmas trees and other
rubbish and debris created by or from the placing, storing and sale
of said trees from said premises within a period of six days immediately
following Christmas Day of the year in which said trees are so stored
for sale; and in the event that the applicant or owner of said premises
shall fail to remove from said premises said Christmas trees, rubbish
and debris within said period of time, the Christmas trees remaining
on said premises shall be deemed abandoned, and, in that event, the
Highway Superintendent is hereby authorized to enter upon said premises
and remove all Christmas trees, rubbish and debris and to dispose
of the same, and there shall be no liability on the part of the Town
of Amherst to any person, firm or corporation on account of such entry
and removal of Christmas trees, rubbish and debris. The costs of the
removal of said Christmas trees, rubbish and debris shall be a charge
against and deducted from the cash deposit made by the applicant.
The cash deposit made by the applicant shall be refunded, less
any charges, upon certification by the Highway Superintendent that
all trees have been removed from the premises and that the premises
have been satisfactorily cleaned up.
Christmas trees shall not be placed within the restricted clear-vision
area as defined in Chapter 203-2-4, Zoning.
The provisions of Article VIII of this chapter shall not apply to persons, firms or corporations engaged in business as nurserymen in the Town of Amherst.
