[HISTORY: Adopted by the Town Board of the Town of Pawling 9-14-2022 by L.L. No. 1-2022. Amendments noted where applicable.]
The purpose of this chapter is to establish the Town of Pawling
Tree Board, which shall study, investigate, counsel and develop and/or
update annually and administer a written plan for the care, preservation,
pruning, planting, replanting, removal or disposition of trees and
shrubs in parks, along streets and in other public areas, subject
to the approval of the Town Highway Superintendent of the placement
and removal of trees along streets, avenues or ways within the Town
of Pawling.
As used in this chapter, the following terms shall have the
meanings indicated:
PARK TREES
As trees, shrubs, bushes and all other woody vegetation in
public parks having individual names, and all areas owned by the Town
or to which the public has free access as a park.
STREET TREES
As trees, shrubs, bushes, and all other woody vegetation
on land lying between property lines on either side of all streets,
avenues, or ways within the Town of Pawling.
There is hereby created and established by the Town Board of
the Town of Pawling a Tree Board, which shall consist of five members
who are citizens and residents of the Town of Pawling and shall be
appointed by the Town Supervisor with the approval of the Town Board.
The Highway Superintendent shall be consulted by the Tree Board and
his or her consent obtained, in writing, with regard to the placement
or removal of street trees on either side of all streets, avenues
or ways within the Town of Pawling.
The term of the Tree Board members appointed by the Supervisor
with the approval of the Town Board shall be three years, except that
the term of two of the members appointed to the first Board shall
be for only one year and the term of two members of the first Board
shall be for two years. In the event that a vacancy shall occur during
the term of any member, his successor shall be appointed for the unexpired
portion of the term.
Members of the Board shall serve without compensation.
A. It shall be the responsibility of the Board to study, investigate,
counsel and develop and/or update annually and administer a written
plan for the care, preservation, pruning, planting, replanting, removal
or disposition of trees and shrubs in parks, along streets and in
other public areas. Said plan shall first be referred to the Town
Highway Superintendent for his or her approval with regard to the
placement and removal of street trees. Such plan will then be presented
annually to the Town Board, and, upon their acceptance and approval,
shall constitute the official comprehensive Town Tree Plan for the
Town of Pawling.
B. The Tree Board, when requested by the Town Board, shall consider,
investigate, make finding, report and recommend upon any special matter
of question coming within the scope of its work.
The Board shall choose its own officers, make its own rules
and regulations, and keep a journal of its proceedings. A majority
of the members shall be a quorum for the transaction of business.
The following list constitutes the official street tree species
for the Town of Pawling. No species other than those included in this
list may be planted as street trees without written permission of
the Town Tree Board.
Arborvitae
|
American hophornbeam
|
Black ash
|
American hornbeam
|
White ash
|
American larch
|
Bigtooth aspen
|
Black locust
|
Quaking aspen
|
Honey-locust
|
Basswood
|
The maples
|
American beech
|
Red maple
|
Black birch
|
Silver maple
|
Gray birch
|
Sugar maple
|
Paper birch
|
The oaks
|
Yellow birch
|
Black oak
|
Butternut
|
Chestnut oak
|
Black cherry
|
Northern red oak
|
Pin cherry
|
Scarlet oak
|
American chestnut
|
White oak
|
Eastern cottonwood
|
Eastern white pine
|
Cucumber tree
|
Pitch pine
|
American elm
|
Red pine
|
Slippery elm
|
Eastern redcedar
|
Balsam fir
|
Sassafras
|
Hawthorn
|
Shadbush
|
Eastern hemlock
|
Red spruce
|
Bitternut hickory
|
White spruce
|
Pignut hickory
|
Sycamore
|
Shagbark hickory
|
Tulip tree
|
|
Black walnut
|
|
Black willow
|
The spacing of street trees will be in accordance with the three species size classes listed in §
53-8 of this chapter, and no trees may be planted closer together than the following: small trees, 30 feet; medium trees, 40 feet; and large trees, 50 feet; except in special plantings designed or approved by a landscape architect and with approval of the Town of Pawling Town Board.
The distance trees may be planted from curbs or curblines and sidewalks will be in accordance with the three species size classes listed in §
53-8 of this chapter, and no trees may be planted closer to any curb or sidewalk than the following: small trees, two feet; medium trees, three feet; and large trees, four feet.
No street tree shall be planted closer than 35 feet of any street
corner, measured from the point nearest the intersecting curbs or
curblines. No street tree shall be planted closer than 10 feet from
any fireplug.
No street trees other than those species listed as small trees in §
53-8 of this chapter may be planted under or within 10 lateral feet of any overhead utility wire, or over or within five lateral feet of any underground waterline, sewer line, transmission line or other utility.
A. Subject to the authority of the Highway Superintendent to maintain
public roadways pursuant to the Highway Law, the Town shall have the
right to plant, prune, maintain and remove trees, plants and shrubs
within the lines of all streets, alleys, avenues, lanes, squares and
public grounds as may be necessary to insure public safety or to preserve
or enhance the symmetry and beauty of such public grounds.
B. The Tree Board may remove, or cause or order to be removed, any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, waterlines, or other public improvements, or is affected with any injurious fungus, insect or other pest. This section does not prohibit the planting of street trees by adjacent property owners providing that the selection and location of said trees is in accordance with §§
53-8 through
53-12 of this Chapter
53 of the Town of Pawling Town Code.
It shall be unlawful as a normal practice for any person, firm,
or department to top any street tree, park tree, or other tree on
public property. "Topping" is defined as the severe cutting back of
limbs to stubs larger than three inches in diameter within the tree's
crown to such a degree to remove the normal canopy and disfigure the
tree. Trees severely damaged by storms or other causes, or certain
trees under utility wires or other obstructions where other pruning
practices are impractical, may be exempted from this section at the
determination of the Town Tree Board.
Every owner of any tree overhanging any street or right-of-way
within the Town shall prune the branches so that such branches shall
not obstruct the light from any street lamp or obstruct the view of
any street intersection and so that there shall be a clear space of
eight feet above the surface of the street or sidewalk. Said owners
shall remove all dead, diseased or dangerous trees, or broken or decayed
limbs which constitute a menace to the safety of the public. The Town
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.
The Town shall have the right to cause the removal of any dead
or diseased trees on private property within the Town when such trees
constitute a hazard to life and property or harbor insects or disease
which constitute a potential threat to other trees within the Town.
The Town Tree Board 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 Town shall have the
authority to remove such trees and charge the cost of removal on the
owner's property tax notice.
All stumps of street trees and park trees shall be removed below
the surface of the ground so that the top of the stump shall not project
above the surface of the ground.
It shall be unlawful for any person to prevent, delay or interfere
with the Town Tree Board, or any of its agents, while engaging in
and about the planting, cultivating, mulching, pruning, spraying,
or removing of any street trees, park trees, or trees on private grounds,
as authorized in this chapter.
It shall be unlawful for any person or firm to engage in the
business or occupation of pruning, treating, or replacing trees within
the Town without first applying for and procuring a license. The license
fee shall be $25 annually in advance; provided, however, that no license
shall be required of any public service company or Town employee doing
such work in the pursuit of their public service endeavors. Before
any license shall be issued, each applicant shall first file evidence
of possession of liability insurance in the minimum amounts of $50,000
for bodily injury and $100,000 for property damage indemnifying the
Town or any person injured or damaged resulting from the pursuit of
such endeavors as herein described.
The Town Board shall have the right to review the conduct, acts
and decisions of the Town Tree Board. Any person may appeal from any
ruling or order of the Town Tree Board to the Town Board, who may
hear the matter and make a final decision.
Any person violating any provision of this chapter shall be,
upon conviction or a plea of guilty, subject to a fine not to exceed
$250.