[HISTORY: Adopted by the Town Board of the Town of Union 12-3-2023 by L.L. No. 1-2023. Amendments noted where applicable.]
To implement uniform practices governing the planting and care of trees on public property.
As used in this article, the following words and phrases shall have the meanings indicated:
PERIMETER STRIP
Land not less than 10 feet in width located adjacent to a street, side, and rear lot lines designed for visual separation between uses or activities, excluding required driveways. Landscaping of the strip may include trees, shrubs, lawn, or planted ground cover that must be permanently maintained to present an attractive, well-kept appearance. Landscaped areas shall not be surfaced in part or whole with concrete, asphalt, or other surface material, but shall contain earth, and may contain organic mulch, inorganic fillers such as wood shavings, bark, volcanic rock, or other similar mulch material.
PUBLIC PROPERTY
All grounds owned and specifically maintained by the Town. The term "public property" does not include any easements, rights-of-way, or property that is not currently regularly maintained by the Town, but docs include grounds in the perimeter strip.
PUBLIC TREE
Any tree located on Town-owned property.
Authority and responsibility. The Commissioner of Public Works and Highway Superintendent, or their designees, presently have full authority and responsibility to plant, prune, maintain and remove trees growing in the public property and/or perimeter strip and in rights-of-way of all municipal streets, Town parks and other Town property.
The Town hereby acknowledges the creation of a volunteer Ad-Hoc Committee, hereinafter referred to as the Tree Committee.
A. 
Duties.
(1) 
The Tree Committee shall act in a purely advisory capacity to the Town Board. Subject to specific approval by the Town Board upon reasonable written request by the Tree Committee, the Tree Committee may:
(a) 
Coordinate and promote Arbor Day activities.
(b) 
Review and update a five-year proposed plan to plant and maintain trees on Town property.
(c) 
Support public awareness and education programs relating to trees.
(d) 
Submit an annual report of its activities to the Town Board.
(e) 
Assist with the annual application to renew the Tree City designation.
(f) 
Recommend a list of tree species for planting on Town property.
(g) 
Other duties that may be assigned by the Town Board.
(h) 
Identify grant opportunities for trees.
(2) 
Notwithstanding the above, the Tree Committee shall have no authority over the Commissioner of Public Works and Highway Superintendent, or their designees.
B. 
Membership. The Tree Committee shall consist of anyone who wishes to volunteer up to a total of five persons as approved by the Town Board. The Tree Committee shall not be an official committee, board, agency or otherwise part of the Town of Union, nor shall the Tree Committee act for or make decisions for or on behalf of the Town of Union. The Town of Union shall have no responsibility, liability or obligations of any kind with respect to the Tree Committee. The Tree Committee shall be solely responsible for its own membership actions, organization and finances.
A. 
Standards. The Town shall continue its current proven practices with respect to planting and maintenance of public trees, but to the extent practicable and economically feasible, the Town shall endeavor to conform to American National Standards Institute (ANSI) A-300 "Standards for Tree Care Operations" and endeavor to follow all tree care best management practices (BMPs).
B. 
Trimming trees: Reference existing Town Code § 83-7.1, applicable to Town residents or businesses operating in the Town.
(1) 
Duty. It shall be the duty of the owner or occupant of the premises upon which trees, bushes and/or hedges shall stand to trim such trees, bushes and/or hedges as provided in this section.
(2) 
Clearance. All ornamental shade trees, bushes and/or hedges standing within or whose branches or any part thereof extend over any public street, avenue, or sidewalk in the Town outside the incorporated villages shall be trimmed so that the lowest branches shall not be less than 10 feet from the ground and/or that no part of the bushes and/or hedges shall extend into the Town's right-of-way.
(3) 
Effect of failure to trim. In the event of failure on the part of any person to trim any trees, bushes and/or hedges as herein provided after having been requested to do so by the Commissioner of Public Works, Highway Superintendent or Code Enforcement Officer, said Commissioner of Public Works, Highway Superintendent or Code Enforcement Officer shall cause such tree, bushes and/or hedges to be trimmed and the cost thereof shall be assessed in the same manner as real property taxes are assessed.
Except as otherwise permitted by law, it shall be unlawful for any person, firm, or corporation to harvest, remove, or cause the removal of a Town tree on public property without written permission of the Commissioner of Public Works and Highway Superintendent, or their designees.
Should any word, sentence, clause, paragraph, or provision of this chapter be held to be invalid or unconstitutional, the remaining provisions of this chapter shall remain in full force and effect.
This chapter shall take effect immediately upon filing with the New York State Secretary of State in accordance with § 27 of the Municipal Home Rule Law.