[HISTORY: Adopted by the Town Board of the Town of West Seneca 8-23-1999; amended in its entirety 6-28-2021 by L.L. No. 4-2021. Subsequent amendments noted where applicable.]
A.
The Town of West Seneca recognizes the value of trees to the community
and that the preservation and enhancement of these resources is necessary
to:
(1)
Protect and promote the public health, safety and general welfare
by requiring the preservation and protection of trees on public and
private property within the Town;
(2)
Reduce flooding; reduce water pollution; reduce effects of wind and
air turbulence; reduce visual pollution; reduce sound pollution; reduce
soil erosion; reduce levels of carbon dioxide and return oxygen to
atmosphere; increase groundwater supply; provide shade; provide habitat
for wildlife; conserve and protect property values and otherwise facilitate
the creation of a convenient, attractive and harmonious community;
and generally preserve and safeguard the ecological, economic and
aesthetic environment.
B.
It is the purpose of this chapter to regulate the removal of multiple
trees and the planting of new trees, maintain tree diversity, preserve
existing trees and control harvesting of these natural resources while
preserving opportunities for business development. This chapter sets
forth regulations for:
(1)
Tree removal(s) associated with site plan, subdivision and special
permit applications before the Town;
(2)
Establishing restrictions for the removal of trees not associated
with applications for site plans, subdivisions or special permits;
and
(3)
Regulating certain activities associated with the harvesting of trees.
C.
Certain actions regulated under this chapter may be of sufficient
scale to necessitate approval of the Town and may result in significant
environmental impacts subject to review pursuant to the State Environmental
Quality Review Act.
D.
All land uses subject to the jurisdiction of other codes of the Town
of West Seneca, in addition to meeting the requirement of such codes,
must also comply with the regulations herein established.
As used in this chapter, the following terms shall have the
meanings indicated:
A certified or otherwise qualified arborist approved by the
Environmental Commission.
The large-scale, indiscriminate removal of trees, shrubs
and undergrowth with the intention of preparing real property for
nonagricultural development purposes.
The officer designated by the Town and charged with enforcement
of zoning, building and fire prevention codes.
A practical limit beyond which any loss of roots would not
have a significant impact on a tree's survival. The CRZ is a
circle whose radius shall be equal to the measured diameter of the
tree, in inches, at 4 1/2 feet above the base of the tree, multiplied
by 12 inches. The center of this circle shall be the center of the
tree.
A standard measurement of the diameter of a tree measured
at 4 1/2 feet above the base of the tree. For purposes of this
definition, multi-stem trees are considered one individual tree, and
each stem must be measured at 4 1/2 feet above the base of each
stem and added together to determine the diameter of the multi-stem
tree.
A house, apartment, or other place of residence.
The Town of West Seneca Commission for the Conservation of
the Environment, as appointed by the Town of West Seneca Town Board.
All trees located in Town parks and all other areas owned
by the Town.
The Tree Conservation and Landscape Plan, which shall be
drawn to scale, including dimensions and distances, and shall clearly
delineate the existing and proposed structures, uses, parking areas,
access aisles, drainage patterns and the location, size and description
of all landscape materials, existing and proposed, including those
existing plant materials to be removed.
A dwelling.
All trees, shrubs, bushes and all woody vegetation on land
located between property lines on either side of all public streets,
highways or rights-of-way within the Town.
Any living woody plant usually having one or more self-supported
stems or trunks and numerous branches that have a DBH of four inches
or more.
A.
All developments otherwise subject to subdivision and/or site plan
review shall meet the requirements of this chapter. Where required
by this chapter, a tree conservation and landscape plan shall be submitted
and approved by the Planning Board as a part of the review procedures
for all projects. The Commission and Arborist, if necessary, shall
be consulted in an advisory capacity for comments regarding the plan.
The Commission may promulgate and adopt its own policies with respect
to credentials of the Arborist and the variety of allowable trees
to be used.
B.
The plan shall be drawn to scale, including dimensions and distances,
and shall clearly delineate the existing and proposed structures,
uses, parking areas, access aisles, drainage patterns and the location,
size and description of all landscape materials, existing and proposed,
including those existing plant materials to be removed.
C.
Upon approval of the plan by the Planning Board, the Code Enforcement
Officer shall issue a tree removal permit, and the property owner
shall agree to install and perpetually maintain the approved plan
for the duration of the use. Any failure to adhere to the standards
of the approved plan shall be enforced by the Code Enforcement Officer
in accordance with the terms of this chapter.
It shall be unlawful to conduct, directly or indirectly, any
of the following activities in the Town unless a tree conservation
and landscape plan is submitted and approval obtained pursuant to
this chapter:
A.
The extent of clearing for new-build single-family home sites shall
not exceed an area of more than 1/4 acre, not including the area used
for driveways, unless stricter requirements have been imposed pursuant
to subdivision approval;
B.
The removal of over 10 trees per approved building lot within a regulated
setback area unless prior approval is granted during subdivision approval;
C.
Clearing and clear-cutting, as defined herein; or
D.
Removal of any street or park trees.
A.
Subject to the exceptions of § 110-6, it shall be unlawful for any person to cut down, kill or otherwise destroy any tree growing on privately owned land within the Town without a tree removal permit issued by the Code Enforcement Officer.
B.
It shall be unlawful to cut down, kill or otherwise destroy any street
or park tree without permission of the Superintendent of Buildings
and Grounds or a Town Board designee.
The requirement of a permit in § 110-5 shall not apply to the following activities:
A.
Cutting down, killing or otherwise destroying trees by the owner,
or its agent, of any tract of land no larger than one acre, which
has already been improved by a dwelling. This exception shall not
apply to parcels which are not yet improved by a dwelling. In the
event that a tract of land is being used for residential purposes
and is larger than one acre, this exception shall only apply to a
one-acre area immediately surrounding and measured equally around
the dwelling.
B.
Removal of any tree under an actual or ongoing emergency condition
when such tree removal is necessary for the protection and preservation
of life or property.
C.
Removal of dead dying, dangerous, diseased, or which are so damaged
as to be a hazard to life or property of others.
D.
Cutting down, killing or otherwise destroying trees on properties
while being operated and maintained as farms, nurseries, orchards
or commercial forests. This exception shall not permit lumber harvesting
or any form of tree removal incidental to or in preparation for development
of the land.
E.
Cutting down, killing or otherwise destroying trees by public utility,
natural gas companies or the Town 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 or departments to determine whether they comply with applicable
laws and meet the purposes of this chapter.
A.
When issuing a permit or reviewing a submitted plan for approval,
the following factors will be considered:
(1)
The extent to which the actual or intended use of the property in
accordance with the regulations of the zoning district in which the
property lies requires cutting down, killing or destroying trees,
following approval of a tree preservation plan and development/site
plan.
(2)
Any unreasonable hardship to the applicant which will result from
modification or denial of the requested permit.
(3)
The value of preserving any tree by reason of its location, size,
age or some other outstanding quality such as uniqueness, rarity or
status as a landmark or species specimen, but not limited thereto.
(4)
The extent to which the area would be subject to increased water
runoff and other environmental degradation due to removal of the tree(s).
(5)
The heightened environmental value of preserving tree cover in densely
developed or densely populated areas.
(6)
The need for visual screening in transitional zones or relief from
glare, commercial or industrial unsightliness or any other affront
to the visual sense in any part of the Town.
(7)
The condition of the tree(s) with respect to disease and potential
for creating hazardous conditions.
(8)
The proximity of the tree(s) to existing or proposed structures and
utility appurtenances.
(9)
The environmental effect of the removal, destruction or killing of
the tree(s).
(10)
The intention of the applicant to replant additional trees at
the site.
(11)
Noncorrectable damage or obstruction to sewer services.
(12)
Disturbance of the critical root zone.
B.
The Code Enforcement Officer shall, within 30 days from the date
a permit application is submitted to the Town, approve or disapprove
the application.
C.
Any applicant aggrieved by a decision of the Code Enforcement Officer
may, within 30 days of the date on which the decision was mailed to
the applicant, appeal such decision to the Town Board. The appeal
shall be in writing and shall include a copy of all papers filed with
the Code Enforcement Officer and a copy of the decision of the Code
Enforcement Officer. The appeal shall be filed when it is received
by the Town Clerk. The Town Board shall act upon such appeal within
30 days after such notice of appeal is filed with the Town Clerk.
In the event that the Town Board fails to act with respect to such
appeal within 30 days after the appeal is filed with the Town Clerk,
the application shall be deemed approved, and the applicant shall
be entitled to the issuance of the permit required hereunder in accordance
with the application.
The Superintendent of Buildings and Grounds or the Town Board
designee shall have the right to prune, treat, maintain and preserve
any park trees as may be necessary to ensure public safety or to preserve
or enhance the symmetry and beauty of parks.
A.
Every owner of any tree overhanging any street or right-of-way within
the Town shall prune the branches of said tree so that such branches
shall not obstruct the view of any street intersection and so that
there shall be a clear space of 13 feet above the street and eight
feet above the sidewalk. Said owners, upon notice by the Town, shall
remove all dead, diseased or dangerous trees or broken or decayed
limbs which constitute a danger and menace to the safety of the public.
B.
The Highway Superintendent shall have the right to prune any tree
or shrub on private property when it interferes with the proper spread
of light along the street from a streetlight or interferes with visibility
of any traffic control device or sign.
It shall be unlawful for any person or firm, except as set forth
in this chapter, to cut down or to top any street tree, park tree
or other tree, shrubs, bushes and woody vegetation 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.
Private property owners have the duty, at their own expense,
to prune or remove any trees upon their property which are dead, dying,
dangerous, diseased, or which are so damaged as to be a hazard to
life or property of others. The Highway Superintendent shall have
the right to cause the pruning or removal of any dead, dying, dangerous,
diseased, or damaged trees on private property within the Town when
such trees constitute a hazard to life or property or harbor insects
or disease which constitutes a potential threat to other trees within
the Town on private property. A private property owner may request
the Highway Superintendent exercise the right to cause the pruning
or removal of tress by making such request in writing to the Highway
Superintendent and providing proof that the property owner has made
an effort to resolve the matter with their neighboring property owner
first. The private property owner must provide both the Town and neighboring
property owner with an arborist report determining the tree is dead,
dying, dangerous, diseased, or so damaged as to be a hazard to life
or property of others. Upon receipt of the arborist report, the Highway
Superintendent will notify in writing the owners of such trees. Removal
shall be done by said owners at their own expense within 60 days after
the date of service of notice. In the event of failure of owners to
comply with such provisions, the Highway Superintendent shall have
the authority to prune or remove such trees and charge the cost of
removal on the owner's property tax notice. Where the Town is
required to remove a tree for waterway maintenance purposes, the cost
shall not be charged to the owner of the property.
It shall be unlawful for any person to prevent, delay, obstruct
or interfere with the Highway Superintendent, or any of his agents
or employees, while engaging in the maintenance or removal of any
street trees, park trees or trees on private property, as authorized
in this chapter.
A.
When street or park trees are removed by the authority of the Highway
Superintendent, Superintendent of Building Grounds or Town Board designee
or by other Town officials, said trees should be replaced by the Town
either:
B.
Unless otherwise exempt under chapter, where a building permit or
site/subdivision plan is required and where more than three trees
are to be removed, the applicant must make reasonable provisions for
new trees to be planted on site or off site as a mitigation measure.
Such new plantings shall be subject to approval by the Code Enforcement
Officer or the Planning Board, as applicable. A permanent certificate
of occupancy shall not be issued until the plantings are made.
C.
If any trees are unlawfully cut down, cleared, killed, girdled or
otherwise destroyed by any person(s), firm(s), association(s) or corporation(s)
in connection with, or preparatory to, any development, improvement
or change of use or proposed rezoning for which a permit or permission
is required by the Town, then, in addition to any other fine or penalty
provided for in this chapter, or elsewhere, said person(s), firm(s),
association(s) or corporation(s) shall not be granted such permit
or permission by the Town unless and until a remedial tree planting
plan for the subject premises is accepted and approved by the Planning
Board as part of the coordinated review process.
D.
The Environmental Commission and arborist shall provide an advisory
list of trees to be planted in accordance with this section.
Pursuant to the provisions of § 169 of the New York
State Agriculture and Markets Law, the Town Board of the Town of West
Seneca elects to exercise and enjoy, through its appropriate officers
and employees, the powers and immunities prescribed and granted in
§§ 164, 165 and 167 of Article 14 of the Agriculture
and Markets Law with respect and in regard to the Dutch elm disease
within the limits of said Town.
A.
The Zoning Code Enforcement Officer may suspend or revoke a permit
in the form of a stop-work order if it finds that the applicant has
not complied with any or all of the terms of such permit, has exceeded
the authority granted in the permit, or has failed to undertake the
project in the manner set forth by the permit.
B.
Any person who violates any provision of this chapter shall be, upon
conviction or a plea of guilty, subject to a fine of not more than
$250 or imprisonment not to exceed 15 days, or both. The removal of
each tree shall constitute a separate offense. For a second and each
subsequent offense within a one-year period, the violator shall be
guilty of a violation punishable by a fine of not more than $500 or
imprisonment not to exceed 15 days, or both. In addition to the aforementioned
penalties, the court may impose a civil penalty for the removal or
destruction of any tree on private property, street, or park tree
equal to its value, not to exceed $2,500 per tree.
C.
If any trees are unlawfully cut down, cleared, killed or otherwise
destroyed by any person(s), firm(s), association(s), or corporation(s)
in connection with or preparatory to any development, improvement,
or change of use or proposed rezoning, for which a permit or permission
is required by the Town, then, in addition to any other fine or penalty
provided for in this chapter or elsewhere, said person(s), firm(s),
association(s), or corporation(s) shall not be granted such permit
or permission by the Town unless and until a remedial tree planting
plan for the subject premises is accepted and approved by the Town
Environmental Commission and Planning Board as part of the coordinated
review process.
D.
In addition to the penalties outlined above, the Town shall not issue
a building permit or temporary certificate of occupancy for any property
for which a violation of this chapter has been served until said violation
is dismissed or resolved to the satisfaction of the Town or court,
as appropriate.
E.
The Town Zoning Code Enforcement Officers are hereby authorized to
issue appearance tickets and summonses for violation of this chapter.
F.
This chapter shall be administered as specified herein and enforced
by the Code Enforcement Officer or other Town Board designee of the
Town of West Seneca.
If any clause, sentence, paragraph or part of this chapter shall
be adjudged by any court of competent jurisdiction to be invalid,
such judgment shall not affect, impair or invalidate the remainder
of this chapter and shall be confined in its operation to the clause,
sentence, paragraph or part thereof directly involved in the controversy
in which such judgment shall have been rendered.
This chapter shall take effect upon filing with the Secretary
of State.
