It is the purpose and intent of this chapter
to: protect and promote the public health, safety and general welfare
by requiring the preservation and protection of trees on public and
private property within the Town of Holland; prevent the unnecessary
clearing, destruction and disturbance of trees on public and private
property within the Town of Holland; establish minimum standards and
criteria for the limitation of the removal of trees on public and
private property within the Town of Holland; establish minimum standards
and criteria to ensure the replacement of trees removed from public
and private property within the Town of Holland; reduce flooding;
reduce water pollution; reduce effects of wind and air turbulence;
reduce visual pollution; reduce sound pollution; reduce soil erosion;
reduce levels of carbon dioxide and return oxygen to atmosphere; increase
groundwater supply; provide shade; provide habitat for wildlife; conserve
and protect property values and otherwise facilitate the creation
of a convenient, attractive and harmonious community; and generally
preserve and safeguard the ecological, economic and aesthetic environment.
As used in this chapter, the following terms
shall have the meanings indicated:
PARK TREES
All trees located in parks and all other areas owned by the
Town.
STREET TREES
All trees, shrubs, bushes and all woody vegetation on land
located between property lines on either side of public streets, highways
or rights-of-way within the Town.
TOPPING
The severe cutting back of limbs to stubs larger than three
inches in diameter within the tree's crown to such a degree so as
to remove the normal canopy and disfigure the tree.
TREES
Any woody perennial plant (deciduous or coniferous) usually
having a single main stem, generally with few or no branches on its
lower part.
The Town shall have the right to prune, treat,
maintain and preserve any park trees as may be necessary to ensure
public safety or to preserve or enhance the symmetry and beauty of
parks.
The owner of any tree overhanging any street
or public right-of-way within the Town shall prune the branches of
said tree to provide an unobstructed view of any street intersection.
There, shall be a clear space of 13 feet above the street and eight
feet above the sidewalk. Upon notice to remedy, the owner shall remove
all dead, diseased or dangerous trees or broken or decayed limbs which
constitute a danger and 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 the visibility of any traffic
control device or sign.
No person or firm, except as established by
this chapter, shall cut down or top any street tree, park tree or
other tree, shrubs, bushes and woody vegetation on public property.
Trees severely damaged by storms or other causes or trees under utility
wires or other obstructions where other pruning practices are impractical
may be topped by order of the Town.
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 constitutes a potential threat to
other trees within the Town on private property. The Town will notify
in writing the owners of such trees. Removal 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 such trees and charge the cost of
removal on the property tax notice of the owner.
Any person or firm is prohibited to prevent,
delay, obstruct or interfere with the Town or any of its agents or
employees while engaged in the maintenance or removal of any street
trees, park trees or trees on private property as authorized by this
chapter.
When tree removal is occasioned by any development
or land use or change thereof requiring site or subdivision plan approval
under the Zoning Law, a tree preservation plan shall be required to be filed
with said application to the Town Board designee. The tree preservation
plan shall set forth the type, size and location of trees to be cut
down. No separate tree removal permit application shall be required.
Pursuant to the provisions of § 169
of the New York State Agriculture and Markets Law, the Town Board
of the Town of Holland elects to exercise and enjoy, through its appropriate
officers and employees, the powers and immunities prescribed and granted
in §§ 164, 165 and 167 of the Agriculture and Markets
Law with respect and in regard to the Dutch elm disease within the
limits of said Town.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Every violation by any person, firm, association
or corporation of any of the provisions of this chapter shall be deemed
as to be an offense against this chapter, and upon conviction therefor,
such person, firm, association or corporation shall be subject to
a fine not to exceed $250 for each offense or by imprisonment for
a period of not more than 15 days, or by both such fine and imprisonment
and a civil penalty for the removal or destruction of any tree on
private property or street or park tree equal to its value, not to
exceed $350 per tree.
This chapter shall be administered as specified
herein and enforced by the Building Safety Inspector/Zoning Enforcement
Officer or other Board designee of the Town.