[HISTORY: Adopted by the Town Board of the Town of Rush 5-11-2022 by L.L. No. 2-2022. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Municipal
Tree Ordinance of the Municipality of Rush, County of Monroe, State
of New York."
In recognition of the environmental, health, and aesthetic benefits
of its community trees, to enhance property values and quality of
life, and to promote the health, safety, and welfare of all citizens,
the Rush Town Board herein creates a Tree Advisory Committee (Tree
Committee) and establishes recommended practices for the planting
and care of trees.
As used in this chapter, the following words and phrases shall
have the meanings indicated.
A condition of any tree or substantial portion thereof which
constitutes a risk of injury to life and property, or which, by harboring
insects, disease, or other condition, constitutes a potential threat
to other trees.
In land use planning, strategies that are conducive to environmental
conservation; preservation of the character of the neighborhood and
community; reduction in exposure to pollutants; minimizing of negative
visual impacts, noise, and other nuisances that could interfere with
nearby property owners’ privacy and enjoyment of their property;
protection of neighborhood property values; and prevention of land
use conflicts.
All property and rights-of-way owned or maintained by the
Town.
Any trees, shrubs, bushes, or woody vegetation on Town-owned
or Town-maintained property and rights-of-way.
Area on both sides of the center line of a road which is
under official control to maintain public use of the road.
Any Town road within the geographical confines of the Town
of Rush.
Planned growth of trees or shrubs to mitigate the loss of
trees through development or to screen certain features of a development.
A tree buffer is designed to protect and preserve the aesthetic appeal,
scenic beauty, community character and economic value of properties
within the Town.
Trees, shrubs, bushes, or woody vegetation.
A.
Scope.
The scope of this chapter includes trees on public land, and tree
buffers that are required by law or by public land use agreements,
to protect the interests of neighbors and other Town residents.
B.
Advisory
capacity. The Tree Committee serves the boards and departments of
the Town of Rush to provide knowledge, expertise, and recommended
practices about selection of trees and shrubs, location of plantings,
and maintenance; as well as the removal, when necessary, of trees
that cannot be saved and replacement of those trees when appropriate.
C.
Noninterference
with official Town authority and function. The Tree Committee’s
advice and guidance shall not impair or interfere with the legal authority,
fiscal responsibility, and accountability of elected and appointed
officials to conduct routine maintenance; to prune and/or remove trees
on an emergency basis when they threaten public safety, interfere
with utilities, or show evidence of hazard or decline; or to hold
property owners to comply with land use agreements.
D.
Public
and private trees. The Rush Town Board, Planning Board, Zoning Board
of Appeals, Conservation Board, and Highway Department may consult
with the Tree Committee in the development of mitigation plans for
new developments, subdivisions, and other land use projects, as well
in the planting and care of trees on public land.
E.
Limitation.
Nothing in this chapter shall be taken to apply to county or state
roads and their rights-of-way.
A.
Formation;
membership.
(1)
The
Tree Committee shall consist of no fewer than five nor more than seven
persons who are knowledgeable about trees and shall serve without
compensation. If possible, one seat on the Tree Committee shall be
held by a professional in tree care or forestry. Members of the Tree
Committee should be Rush residents; the tree care professional may
or may not be a Rush resident. Applications to serve on the Tree Committee
shall be submitted to the Rush Town Board. The Rush Conservation Board
and the Rush Recreation and Park Association (Rush RPA) shall have
an opportunity to review the applications and submit their recommendations
prior to the Town Board’s action to appoint members to the Committee.
Vacancies shall be filled in the same fashion by the Town Board.
(2)
No
more than two members of the Tree Committee may serve concurrently
on any elected or appointed board of the Town of Rush.
B.
Term of
office. Tree Committee members shall be appointed for three-year staggered
terms. The term of the initial persons appointed by the Town Board
shall be one, two or three years to provide for staggering of terms.
Successors to those members shall be appointed to three-year terms.
If a vacancy occurs during the term of any member, the successor shall
be appointed for the unexpired portion of the term, following applications
and recommendations as with a new member.
C.
Officers.
The Town Board shall appoint the Chairperson and Vice Chairperson
of the Tree Committee. Members of the Tree Committee shall select
a member to serve as secretary to this Board.
D.
Meetings.
The Tree Committee shall meet a minimum of four times each year and
keep a record of its proceedings. A majority of the members shall
be a quorum for meetings. Virtual or telephonic meetings may be employed.
E.
Duties.
The Tree Committee shall:
(1)
Present
an annual written plan to the Town Board for the care, preservation,
pruning, planting, replanting, removal, or disposition of public trees.
The proposed plan shall support the Town’s Comprehensive Plan.
(2)
Compile
and update an annual master tree list of recommended types and species
of trees on public land or on private land covered by agreements imposed
or administered by Town boards. Native species of trees and shrubs
shall be encouraged.
(3)
Report
to the Town Board any tree which is damaged or which presents a hazard
to persons, property, or other trees.
(4)
Advise
Town boards and officials, as requested and desired, regarding both
public trees and trees on private land covered by Town agreements
or restrictions.
(5)
Provide
recommendations to the Town Board on any proposed amendments to the
Town Code or Town regulations pertaining to trees.
(6)
Support
and work in conjunction with the Rush RPA to coordinate an annual
Arbor Day celebration and other educational programs.
A.
It shall
be unlawful for any person or business entity to intentionally damage,
remove, or cause the damage or removal of a tree on public property.
B.
It shall
be unlawful for any person to abuse, mutilate, spray pesticides, injure
or destroy any public trees; or to allow any substance harmful to
trees to come into contact with their roots, trunks, or leaves except
during application of substances in the performance of the normal
maintenance of roads, sidewalks, driveways, or rights-of-way.
C.
It shall
be unlawful to remove or tamper with any device placed for the protection
of a public tree, or to authorize or cause such damage to be done.
D.
Any of
the above prohibitions may be waived by the Rush Town Board.
The owner of land adjacent to any Town road may not plant trees
in the right-of-way.
This chapter is intended to support, complement, and enhance
existing regulations that are currently in place and is not intended
to interfere in any way with current policies and regulations. To
the extent that any existing policies or regulations, or parts thereof,
are in conflict with any of the provisions of this chapter, those
regulations will take precedence and prevail.
