The Town Board of the Town of Red Hook finds
that trees provide shade, green space, reduction in noise and visual
pollution, improve air quality and reduce the effects of global warming,
impede soil erosion, reduce heat island effects, increase property
values, and attract business. It is in the best interests of the community
to establish a program for planning, maintenance and removal of trees,
and to establish a Tree Commission in order to maximize the benefits
afforded by trees within the Town and provide an orderly framework
for such activities. This law is designed to protect the health, safety
and welfare of Town residents.
The Town Board shall designate a member of the
Tree Commission to act as Chair thereof. The Tree Commission shall
adopt rules and procedures for its meetings. It shall keep accurate
records of its meetings and activities and shall file an annual report
as provided in this chapter.
Any development subject to subdivision or site
plan approval involving the proposed removal of any trees on said
property shall include in its application a description of any trees
proposed to be removed which meet applicable thresholds as to size,
species, and/or location as part of a forested area as set forth in
the Community Forestry Management Plan. Upon request by the Planning
Board, the Tree Commission shall review a proposal for a mitigation
plan, cluster subdivision, landscape plan or other site plan element
in connection with such subdivision or site plan. Such review shall
include comments and recommendations consistent with the approved
Community Forestry Management Plan regarding location and species
of new plantings of street trees, preservation of existing trees during
construction, and preservation and maintenance of existing plantings
for streetscapes, buffer areas, parking areas, parks and other public
areas.
The Tree Commission shall submit an annual report
to the Town Board concerning the activities and work of the Tree Commission
and from time to time shall submit such reports and recommendations
as may be necessary to fulfill the purposes of this chapter.
The members of the Tree Commission shall receive
no compensation for their services as members thereof but may be reimbursed
for reasonable and necessary expenses incurred in the performance
of their duties within the appropriations made available therefor.
The Town Board may annually appropriate and
cause to be raised by taxation in such Town a sum sufficient to carry
out the provisions of this chapter.
Any person violating or failing to comply with
the provision of this chapter shall be subject to a civil penalty
not to exceed $500. For the purpose of this chapter, each tree affected
by noncompliance with the provisions of this chapter shall constitute
a separate violation. Such civil penalty shall be in addition to and
not in lieu of any damages incurred by the Town with respect to street
and park trees including expense of removal and replacement of damaged
or removed street and park trees. The Town Zoning Enforcement Office
shall administer and enforce all provisions of this chapter.
This chapter shall be deemed an exercise of
the powers of the Town of Red Hook to preserve and improve the quality
of the natural and artificial environment on behalf of the present
and future inhabitants thereof. This chapter is not intended and shall
not be deemed to impair powers of any other public corporation.