[HISTORY: Adopted by the Town Board of the Town of Orchard Park as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-21-2001 by L.L. No. 1-2001]
The following terms shall have the meaning provided in this section, unless their content requires otherwise:
- American Association of Nurserymen.
- AAN STANDARDS
- Any tree under four inches in caliper is measured six inches from the ground. Any tree four inches and over in caliper is measured 12 inches from the ground.
- The diameter of a tree trunk in inches.
- The diameter of a tree trunk at breast height, which is a height of five feet, six inches from the finished grade at the base of the tree.
- TREES, SHRUBS
- Any plants which have self-supporting, aboveground parts which are visible year round.
The office of the Town Arborist is hereby established within the Highway Department.
The Town Arborist, in consultation with the Conservation Board and the Superintendent of Highways, shall have the authority to implement and enforce the provisions of this article.
In furtherance of the purposes of this article, the Town of Orchard Park, in consultation with the Town Arborist, the Superintendent of Highways and the Conservation Board, shall have the authority to adopt rules and declarations regarding arboricultural specifications and standards of practice and such rules and regulations as the Town determines are necessary. These regulations shall govern the planting, maintenance, removal, fertilization, pruning and protection of trees and shrubs on public streets, parks and other Town property.
No person or agency shall plant, spray, fertilize, prune, remove, replace or otherwise disturb or impact any tree or shrub on any public street, right-of-way, park or other town-owned property without first submitting a written request and obtaining written permission from the Town Arborist.
Persons or agencies doing required maintenance work on trees or shrubs may be granted permits to cover their work on a yearly basis.
It is the responsibility of the Town Arborist to determine if trees or shrubs on town-owned property are hazardous, dead or should be removed.
Requests from private citizens, builders and developers that new street trees be planted on the ROW fronting the property shall be accommodated commensurate with and in accordance with the planting priorities set by the Town Arborist.
Requests for memorial plantings shall be granted in accordance with review, approval and supervision by the Town Arborist with respect to species and location.
Any person constructing a new one- or two-family dwelling on a single lot will be required to pay a fee set by the Town annually to cover the cost of tree purchase and planting. Construction of a two-family home will require the payment of a fee to cover the cost of planting two trees. The fee will be paid in conjunction with the building permit. The variety is to be determined by the town's master planting list. If determined by the Town Arborist that the requisite tree is not appropriate for location within the ROW, the fees will be used to plant trees on other Town properties.
Whenever a person or agency damages or removes a tree or shrub or obtains written permission to remove a tree or shrub from any town-owned land for the purpose of construction or any other reason, such person or agency may be required to replace the tree or shrub in a location to be determined by and under the supervision of the Town Arborist or have the Town replace the tree or shrub at the expense of the person who obtained permission. Such replacement shall meet the standard of size, species and placement as provided by the permit issued. All agencies must notify the Town Arborist in writing prior to any work affecting trees and/or shrubs in the ROW.
In order to ensure and maintain tree and shrub health and quality, whenever any person or agency is required to plant or replace a tree or shrub pursuant to this article, such materials shall be guaranteed for a period of two years and shall be replaced at the direction of the Town Arborist at the expense of the person or agency responsible for the original plantings if they die within that two-year period.
Any trees, shrubs, plants, timbers and other such materials placed by the property owners in the right-of-way or town-owned land may be removed. Notification will be sent to each property owner, who will have 30 days to comply. If the property owner fails to comply, the Town may remove the above-mentioned materials, dispose of them and bill the cost to the property owner.
Unless specifically authorized in writing by the Town Arborist, no person or agency shall intentionally damage, cut, carve, transplant or remove any tree or shrub on town-owned property, attach a rope, wire, nails, advertising posters or any other contrivance to any tree or shrub, allow gas, liquid or soil substance which is harmful to any tree or shrub to come in contact with it or set fire or permit fire to burn when fire or heat will injure any portion of tree or shrub. If trees and shrubs in the ROW or on town-owned lands are damaged or destroyed, the cost of their removal and replacement will be charged to the responsible person or agency.
Without written permission from the Town Arborist, no person or agency shall undertake any construction or development activity, or move or park vehicles or equipment associated with construction or development which may affect any tree or shrub on Town property.
Guarding of trees and shrubs.
Unless the Town Arborist, for good cause, determines otherwise, all trees and shrubs on any Town road or other town-owned property directly impacted by any construction shall be guarded as follows:
For trees or shrubs with a crown spread of eight feet or fewer, a fence, frame or box not less than four feet high and eight feet square shall surround the tree or shrub.
For trees and shrubs with a crown spread over eight feet, a fence not less than four feet high shall be placed at the drip line of the tree or at a distance prescribed by the Town Arborist.
All material, soil and debris shall be kept outside barriers.
No person or agency shall store any materials so as to impede passage of water, air and fertilizer to tree roots.
It shall be the duty of any person owning real property with plantings bordering on a town-owned ROW to ensure that trees and shrubs on that property are pruned in a manner that they will not obstruct visibility of streetlights, not obstruct pedestrian traffic or sidewalks, not obstruct vision of traffic signs, not obstruct the view of any street intersection, as determined by the Arborist, and not obstruct access to fire hydrants or other utilities.
Should any person owning real property bordering on any public street fail to comply as above, the Town Arborist shall order the owner to take corrective action within 30 days after receipt of written notice.
When a person to whom an order is directed fails to comply, it shall be lawful for the Town to prune such trees and shrubs, and the cost shall be assessed to the owner.
[Added 4-27-2011 by L.L. No. 1-2011; amended 2-6-2013 by L.L. No. 1-2013; 3-4-2015 by L.L. No. 2-2015]
No person or the employer or agent of such person shall, actively himself or herself, or passively allow someone else to plow, shovel, sweep, snow-blow or pile snow, ice or other such materials into the paved portion of any street or public highway or into the paved portion of the right-of-way of any street or public highway or sidewalk or onto another private property without consent or cause such to be done so as to interfere with the safety and convenience of public travel or such as to constitute an obstruction of the sight of persons traveling by vehicle or by foot on public streets or sidewalks or on private property.
No person or the employer or agent of such person shall, actively himself or herself, or passively allow someone else to plow, shovel, snow-blow or pile snow from a private or public driveway in such a manner as to deposit the same in the public roadway or on a public sidewalk.
Any infraction by a person, firm or corporation of any provision of this section shall be deemed an offense punishable by a fine not to exceed $250 or imprisonment for a period not to exceed 15 days, or both.
Any person who takes part in or assists in any violation of this section shall be subject to the penalties provided herein.
This section shall be enforced by the members of the Town of Orchard Park Police Department and Code Enforcement Officers.
[Amended 5-15-2013 by L.L. No. 2-2013]
This article shall not govern any emergency activity immediately necessary to protect life, safety or property, or to maintain access to any property. Any such activity shall incorporate reasonable efforts to protect trees and shrubs on Town property from unnecessary damage.
Any person or agency engaged in any action covered by Subsection A shall make a reasonable effort to notify the Town Arborist prior to commencing that action and shall, in any event, provide written notice to the Town Arborist of the emergency and the work to be done within three calendar days of commencing that work.
Should a dispute arise in the administering of this article, an appeal can be requested by petitioning, in writing, the Town Arborist. The Town Arborist will have 10 working days to reply in writing. Should this provide an unsatisfactory resolution, a second appeal can be requested by petitioning the Superintendent of Highways. In such event, the Superintendent of Highways shall consult with the Town Arborist. The Superintendent will have 10 working days from the filing of the second appeal to reply in writing. Should this also provide an unsatisfactory resolution, a third appeal can be requested by petitioning Town Board. The Town Board will act upon the petition within 60 days from the date of receiving the petition.
Designated historic trees in the ROW, identified by the Town Arborist, will be given the highest degree of protection possible to preserve them for future generations.
If necessary, as determined by the Arborist, 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 public life and property, or harbor insects or disease which constitute a potential threat to other trees within the Town on private property. The Town will notify in writing the owners of such trees. Removal or pruning shall be done by the owners at their expense within 60 days after the date of service of notice. In the event of failure to comply with the required removal, the Town is authorized to remove or have such trees removed and charge the cost of removal to the property tax notice of the owner.
[Adopted 9-3-2008 by L.L. No. 6-2008]
The purpose of this article is to promote the maintenance of safe and adequate sidewalks for pedestrian use by regulating the manner of construction, reconstruction, repair and maintenance of sidewalks and the materials to be used in the grades and widths thereof in the Town of Orchard Park; and to prohibit any construction, reconstruction or repair which does not comply with such regulations; and to provide guidelines for assuring the safety of such sidewalks; and to delineate the responsibility of the Town of Orchard Park and the property owner.
As used in this article, the following terms shall have the meanings indicated:
- PROPERTY OWNER OR OWNERS
- Anyone who holds title to the premises in fee simple or by life estate or remainder, and also any beneficial owner of the premises such as a contract vendee in possession, who has the duty to pay the taxes on the premises.
- SIDEWALK or SIDEWALKS
- Existing sidewalks, those presently under construction, if any, and any future sidewalks constructed after the date of the adoption of this article which abut public highways in fact used by the public.
- The Town of Orchard Park, New York 14127.
It shall, in all cases, be the duty of the owner of every lot or piece of land in said town to keep the sidewalks adjoining the owner's lot or piece of land in good repair and to remove and clean away all snow and ice and other obstruction from such sidewalks. Failure to do so will result in the costs of any repair done by the Town of Orchard Park to be assessed against the landowner, and, further, said landowner shall be liable in tort for any injuries to any person or property as a result of the landowner's failure to comply with this article.
Quality of concrete, grade, thickness and width of sidewalks and other standards of construction and installation shall be determined by specifications adopted by the Town and available at the Office of the Town Engineer upon request. Unusual circumstances which may affect installation or cause a deviation from these specifications may be approved on a case-by-case basis after investigation by the Town Engineer.
Sidewalks shall be considered to be unsafe if, by determination of the Town Engineer, they are so broken, cracked, lifted, spalled or scaled or otherwise deficient to cause a clear and present danger to pedestrians. Upon such determination, the owner of the property where such sidewalk is located will be notified, in writing, by standard form of the need to repair or replace the sidewalk in question. Such notice shall specify the sidewalk or portions thereof which require repair or replacement and contain a brief summary of the reasons therefor. Such notice shall be served upon such owner by personal service or by certified mail, return receipt requested, addressed to the last known address as shown on the latest completed assessment roll of the Town of Orchard Park. If delivery of the certified mail is returned or unclaimed, then service shall be made by regular mail and shall be deemed complete five days after the date of mailing. The cost of such repair or replacement will be borne by the property owner.
Upon delivery of the written notice, the property owner shall make every attempt to correct the deficiency noted within a reasonable time after delivery of the notice; in no event shall more than one year elapse between the delivery of the written notice and correction of the deficient or unsafe sidewalk.
If, within said one-year period, the sidewalks required to be repaired shall not have been repaired, then the Town Board may cause the same to be done at the expense of the property owner. If said expense, as determined by the Town, is not paid within 30 days after billing the property owner, such a charge shall be a lien upon the property benefited until paid and shall be added to the property owner's tax bill as an assessment as set forth in this article.
Any property owner aggrieved by a determination to repair the sidewalk or any portion thereof as contained in the written notification of the same shall have a right to appeal such determination to the Town Board by delivering a written request for review of the determination to the Clerk within 60 days of delivery of said notification, which the Town Clerk shall thereupon transmit to the Town Board. Upon receipt of a timely request for review, the Town Board shall refer the matter to a person whom it shall designate for the purpose of hearing all evidence and arguments both against and in support of such determination. For this purpose, the person designated by the Town Board shall schedule a time and place for such a hearing and shall give or cause to be given adequate notice thereof to the property owner and to the Town Engineer. On such hearing, the formal rules of evidence shall not apply. Upon conclusion of such hearing, the person designated shall prepare and transmit to the Town Board a recommended decision, based upon the evidence and the arguments presented, either annulling, modifying or affirming the determination of the Town Engineer, together with a summary of the reasons therefor. Upon receipt of such recommended decision, the Town Board shall take up the matter at the next regularly scheduled Town Board meeting and shall accept, reject or modify said recommended decision. The determination of the Town Board so made shall be deemed final and binding upon the property owner and the Town Engineer.
The Town of Orchard Park shall dispose of the rubble from the replacement of sidewalks within the right-of-way, provided that the said rubble is placed at the curb or road edge.
Owners of premises in the Town of Orchard Park, subject to this article, must comply therewith and with any regulations, specifications and any order passed by the Town Board of the Town of Orchard Park pursuant to Town Law §§ 200-a and 130, Subdivision 4. In the event that any owner or occupant, as the case may be, fails to comply with this article, the sections of the Town Law set forth above, any regulations passed by the Town Board or the specifications or any orders of the Town Board pursuant thereto, the Town may cause the construction, reconstruction, repair or removal of the obstructions to be accomplished and audit and pay the expense of doing the same. If the owner or occupant in question does not reimburse the Town, the Town shall assess the expense thereof against the property benefited as a whole, in any five or fewer annual installments, in the same manner as street improvements constructed pursuant to the Town Law § 200, and in accordance with Town Law § 200-a.
If such expense is assessed in installments, there shall be assessed as part of such installment, except the first, as interest, an amount of 6% of such installments.
If such expense is assessed as a whole and the Town Board resolution assessing such expense against a particular piece of property shall so provide, the assessment against such property may be paid in five or fewer annual installments on the date fixed by such resolution with interest at the rate of 6%.