The intent of this chapter is to preserve and protect trees and, by
so doing, aid in the stabilization of soil by the prevention of erosion and
sedimentation; reduce stormwater runoff and the costs associated therewith
and replenish groundwater supplies; aid in the removal of carbon dioxide and
in the generation of oxygen in the atmosphere; provide a buffer and screen
against noise pollution; provide protection against severe weather; aid in
the control of drainage and restoration of denuded soil subsequent to construction
or grading; provide a haven for birds, which in turn assists in the control
of insects; protect and increase property values; conserve and enhance the
physical and aesthetic environment of the Village of Thomaston; and generally
protect and enhance the quality of life and the general welfare of the village.
The Board of Trustees of the village hereby finds that such purposes are consistent
with and vital to the general health, safety and welfare of the Village of
Thomaston and its inhabitants.
As used in this chapter, the following terms or phrases have the indicated
meanings, unless the context clearly indicates otherwise:
APPLICANT
The owner of real property or the duly authorized agent of such an
owner.
CALIPER
The diameter of any tree trunk six (6) inches above ground level.
DIAMETER, BREAST-HIGH
The diameter at a height of four (4) feet six (6) inches above the
base of the trunk.
HABIT
The natural growing characteristics of any tree, and includes branch
spread and distribution, branch heights above ground and root spread and distribution.
PERSON
Any individual, firm, partnership, association, corporation, company,
public agency, public utility or organization of any kind or agent thereof.
REAL PROPERTY
All improved or unimproved real property, whether or not subject
to subdivision and development.
REMOVAL
The actual removal or causing the effective removal through damaging,
poisoning or other direct or indirect actions resulting in the death of a
tree.
SUBSTANTIAL ALTERATION
Any cutting, pruning, elevating or other alteration of the habit
of a tree which impairs or endangers the life of such tree or destroys its
natural symmetry, and includes but is not limited to heavy or unnecessary
cutting of top branches (topping), cutting of major lower limbs (sever elevating)
and drastic pruning, but shall not include customarily accepted or ornamental
procedures.
TREE
Any living woody plant, its root system and the environment within
the area defined by the outermost limits of its branches, which is at least
eight (8) inches in diameter, breast-high; or a flowering ornamental which
is at least six (6) inches in diameter, breast-high; or any living woody plant
which is unique by reason of age, size, rarity or status as a landmark or
species specimen or other outstanding quality.
[Amended 10-8-1990 by L.L.
No. 8-1990]
TREE WORTHY OF PRESERVATION
Any tree which can reasonably be determined by the village official
to have a remaining life span equal to or greater than that of a proposed
structure included in a site plan or subdivision plat.
VILLAGE OFFICIAL
The Village Engineer, Village Building Inspector, Village Superintendent
of Public Works or such other person designated by the Mayor with the approval
of the Board of Trustees.
[Added 1-9-1995 by L.L. No.
1-1995]
A. There is hereby created and established in the village
a Village Tree Board, which shall act as an advisory body to the Board of
Trustees, with respect to the implementation of this chapter, and with respect
to the adoption and implementation of village policy concerning preservation
of trees.
B. The Tree Board shall consist of such number of members
as may be determined by the Board of Trustees, but shall have not fewer than
three (3) members and not more than nine (9) members. The members of such
Board shall be appointed by the Mayor, with the approval of the Board of Trustees,
and shall serve terms of one (1) official year. The Mayor shall designate
one (1) member of such Board to serve as Chair and one (1) member to serve
as Deputy Chair. Members of the Tree Board shall serve without compensation.
C. It shall be the duty and responsibility of the Tree Board
to study, investigate, counsel and develop and to update annually 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 of the village. Such plans shall be presented to the Board of Trustees
and, upon such presentation and acceptance by the Board, shall constitute
the comprehensive tree plan of the village. The Tree Board, when requested
by the Board of Trustees to do so, shall consider, investigate and report
to the Board of Trustees with respect to any matter or question referred to
it by the Board of Trustees.
[Added 1-9-1995 by L.L. No.
1-1995]
A. It shall be unlawful for any person to plant any tree
between the property line and the curb line of any street or highway within
the village without first obtaining a permit from the village official.
B. The application for a permit pursuant to this section
shall state the size, species, spacing and location of the tree(s) to be planted,
which details must conform to specifications on file with the village official.
Such specifications shall be reviewed annually by the Board of Trustees after
consideration of the recommendations of the Tree Board.
C. Any tree planted pursuant to this section shall become
the property of the village.
[Added 1-9-1995 by L.L. No.
1-1995]
A. No person shall remove or substantially alter the habit
of any tree located within a public right-of-way or in a park without first
obtaining a permit from the village official.
B. The application for a permit pursuant to this section
shall state the purpose of the proposed alteration or removal, the size, species
and location of the tree(s) proposed to be removed or substantially altered
in habit and the name of the person who will alter or remove the tree. Any
person who obtains such a permit shall replace a removed tree with an approved
species within twelve (12) months after such removal.
C. Before any permit is issued as provided in this section,
the applicant shall file with the village official evidence, in form satisfactory
to the village official, of the existence of a liability insurance policy
in the minimum amount of three million dollars ($3,000,000.) combined single
limit for personal injury, and five hundred thousand dollars ($500,000.) for
property damage, naming the village as an additional insured party.
D. No permit shall be issued pursuant to this section without
payment of a permit fee as established by resolution of the Board of Trustees.
The village official may require the planting of the same or agreed-upon
alternate species of trees as are as nearly comparable in type and size as
practical to the trees to be removed, when the individual character of the
tree(s) or the ecological setting requires special consideration, as a condition
for the issuance of a permit for tree removal. The location for planting of
the replacement trees shall be agreed upon between the applicant and the village
official prior to issuance of a permit for removal.
Any person aggrieved by any determination of the village official in
the exercise of the authority granted by this chapter shall have the right
to appeal, in writing, to the Board of Trustees. Any such appeal shall be
taken within thirty (30) days after the determination of the village official.
Such appeal shall state the reasons for the appeal. The determination of the
Board of Trustees on said appeal shall be final and conclusive.
Any person who violates the provisions of this chapter shall be guilty
of an offense and shall be subject to a fine not to exceed five hundred dollars
($500.) for each tree the habit of which is removed, destroyed or substantially
altered in violation of this chapter. In addition, this chapter may be enforced
by civil action, including an injunction, and any owner of real property who
has violated or permitted a violation of this chapter may be directed by the
village official to replace with new trees [three and one-half (3 1/2)
to four (4) inches in diameter] any trees removed, destroyed or substantially
altered in violation of this chapter, and, where such direction has been made,
no building permit or certificate of occupancy shall be issued for structures
on said real property until such replacement has been completed.
In case of emergencies involving but not limited to hurricanes, windstorms,
floods, freezes or other natural disasters, the permit requirements of this
chapter may be waived by the village official.