[HISTORY: Adopted by the Town Board of the Town of Cheektowaga 10-19-1992
by L.L. No. 7-1992; amended in its entirety 7-6-1999
by L.L. No. 1-1999. Subsequent amendments noted where applicable.]
The Town Board hereby finds that there is a direct relationship between
the planting of trees in sufficient number in populated areas and the health,
safety and welfare of communities, and as related to the natural, scenic and
aesthetic values of trees and the physical and visual qualities of the environment
which municipalities are authorized to protect. Trees abate noise, provide
welcome shade to people, preserve the balance of oxygen in the air by removing
carbon dioxide and fostering air quality, and add color and verdure to human
construction. They also stabilize the soil and control water pollution by
preventing soil erosion and flooding, yield advantageous microclimatic effects
and provide a natural habitat for wildlife. The destructive and indiscriminate
removal of trees causes increased municipal costs for proper drainage control,
impairs the benefits of occupancy of existing residential properties and impairs
the stability and value of both improved and unimproved real property in the
area of destruction, and adversely affects the health, safety and general
welfare of the inhabitants of the town. It is the purpose and intent of this
chapter to regulate the removal of trees from public and private property
within the town in order to preserve, protect and enhance a most valuable
natural resource. It is also the intent of this chapter to establish standards
limiting the removal and ensuring the replacement of trees sufficient to safeguard
the ecological and aesthetic environment necessary for a healthy community.
A.
Tree removal permit. Subject to the exceptions of Subsection B of this section, it shall be unlawful for any owner of real property, or any other person, to cause, permit or allow the removal or destruction of any tree growing on land within the town without obtaining a tree removal permit from the Town Building Inspector.
B.
Exceptions to tree removal permit. The requirement of a permit in Subsection A of this section shall not apply to the following activities:
(1)
Cutting down, killing or otherwise destroying trees on
developed property being 1/2 acre or less in area, which trees have a caliper
of less than 12 inches, measured six inches above grade.
(2)
Cutting down, killing or otherwise destroying trees on
developed property being more than 1/2 acre, or on vacant property (any size),
which trees have a caliper of less than four inches, measured six inches above
grade.
(3)
Cutting down, killing or otherwise destroying trees on
properties while being operated and maintained as farms, nurseries, orchards
or commercial forest. This exception shall not permit lumber harvesting incidental
to or in preparation for development of the land or the change of use thereof
to a use not specified in this subsection.
(4)
Cutting down, killing or otherwise destroying trees by
public utility and natural gas companies performing normal construction and
maintenance pursuant to and in compliance with the law; provided, however,
that the town may review the procedures employed by such companies to determine
whether they comply with all applicable laws and meet the purposes of this
law.
(5)
Cutting down, killing or otherwise destroying trees which
have become a danger to human life or property due to disease, accident, natural
forces or other emergency.
(6)
Cutting down, killing or otherwise destroying trees where
required bylaw.
(7)
Cutting down, killing or otherwise destroying trees on
residential property which was developed for residential use prior to January
1, 1992, and which property has a lot area not exceeding 10,200 square feet
and has a lot width not exceeding 60 feet.
C.
Subdivision or site plan approval required. If a person
is required to submit a subdivision or site plan for a development of property,
he shall, prior to such subdivision or site plan approval, submit an application
for a tree removal permit. Such application shall be subject to review and
approval by the Town Planning Board or Town Board, as applicable.
A.
If a person shall deem it necessary to remove, cut down
or otherwise destroy any tree requiring a tree removal or other permit from
the town, he shall first make application for a tree removal permit to the
Building Inspector.
B.
The application shall include, but not be limited to,
the following information:
(1)
The name and address of the applicant and owner, if not
the same.
(2)
The site of the proposed tree removal/destruction.
(3)
The purpose of the proposed tree removal/destruction.
(4)
An attached tree preservation plan or tree survey (scale:
one inch equal to 40 feet, or other scale acceptable to the Building Inspector)
of the area indicating the following:
(a)
An outline showing all trees over the specified sizes
and listing the tree species/types.
(b)
The location and size of the tree(s) to be removed.
(c)
The location of any improvements on the property, existing
or proposed.
(d)
Topographic information.
(e)
Any additional information that the Building Inspector
may deem necessary for evaluation of the application.
C.
Fee. The Town Board shall establish by resolution the
fee to be charged, collected and received for the review of each tree removal
application. The fee for the same shall be paid in advance upon submission
of the application. No fee shall be charged if the property in question is
residentially developed and if the applicant proposes to remove three or fewer
trees.
A.
The decision of the Building Inspector to grant or deny
an application for tree removal shall be based on the following criteria:
(1)
The extent to which the actual or intended use of the
property in accordance with the regulations of the zoning district in which
the property lies requires cutting down, killing or destroying trees, following
approval of a tree preservation plan and development/site plan.
(2)
Any unreasonable hardship to the applicant which will
result from modification or denial of the requested permit.
(3)
The desirability of preserving any tree by reason of
its size, age or some other outstanding quality, such as uniqueness, rarity
or status as a landmark or species specimen.
(4)
The extent to which the area would be subject to increased
water runoff and other environmental degradation due to removal of the tree(s).
(5)
The heightened desirability of preserving tree cover
in densely developed or densely populated areas.
(6)
The need for visual screening in transitional zones or
relief from glare, commercial or industrial ugliness, or any other affront
to the visual sense in any part of the town.
(7)
The location and size of the tree to be removed.
(8)
The condition of the tree(s) with respect to disease
and potential for creating hazardous conditions.
(9)
The proximity of the tree(s) to existing or proposed
structures and utility appurtenances.
(10)
The environmental effect of the removal, destruction
or killing of the tree(s).
(11)
The intention of the applicant to replant additional
trees at the site.
(12)
Noncorrectable damage or obstruction to sewer services.
B.
The Building Inspector shall, within 30 days from the
date such application is submitted to him, approve or disapprove the application.
In the event that the Building Inspector fails to act upon the application
within the aforesaid thirty-day period, the applicant may notify the Building
Inspector in writing of such inaction and the Building Inspector shall approve
or disapprove the application within 15 days after such notification.
C.
Any applicant aggrieved by a decision of the Building
Inspector may, within 30 days of the date on which the decision was mailed
to the applicant, appeal such decision to the Town Board. The appeal shall
be in writing and include a copy of all papers filed with the Building Inspector
and a copy of the decision of the Building Inspector. The appeal shall be
deemed filed when it is received by the Town Clerk. The Town Board shall act
upon such appeal within 30 days after such notice of appeal is filed with
the Town Clerk. In the event that the Town Board fails to act with respect
to such appeal within 30 days after the appeal is filed with the Town Clerk,
the applicant may notify the Town Board in writing of such inaction and the
Town Board shall approve or disapprove the application within 15 days after
such notification.
A.
Where a building permit or site/subdivision plan is required and/or where more than three trees are to be removed, the applicant must make provision for new trees to be planted on the site as a mitigation measure. Replacement trees shall be required as a condition to approval even when a building permit, site plan or subdivision plan is not required. Such new trees shall be of a caliper of at least 21/2 inches, measured six inches above grade, and shall be planted on a one-for-one basis (one tree replaced for each tree removed), unless a lesser quantity shall be approved by the Building Inspector based on the criteria enumerated in § 229-4 of this chapter. Such new plantings shall be subject to approval by the Building Inspector or Planning Board, as applicable.
B.
The Town Board, in lieu of replacement trees, may accept
moneys from an applicant when it is determined by the Building Inspector that
physical limitations prevent the replacement of trees on a one-for-one basis
as herein above mentioned. Moneys accepted by the town will be deposited into
a dedicated account for the purpose of town-wide reforestation efforts.
Where extensive tree cutting or removal of trees is planned, the Town
Building Department may require the person doing so to pay the cost of an
inspector to be assigned by the Town Building Department to supervise the
orderly development of the land and ensure the protection of the tree(s) in
accordance with the approved plan. In doing so, the Town Building Department
may require additional information about the design of the storm drainage
and any other information pertinent to the individual circumstance. No cutting
or removal of such tree(s) shall commence or take place until a representative
from the Town Building Department has completed his final inspection and given
his approval.
A.
The provisions of this chapter shall be administered
and enforced by the Town Building Inspector or his duly authorized representative.
B.
Whenever the Town Building Inspector finds that there
has been a violation of this chapter, he/shall issue a violation order to
the person or persons responsible for such violation. The order shall:
C.
The Town Building Inspector, if he finds a violation
and if irreparable damage would be done by allowing such violation to continue,
may issue a stop-work order on the project.
A.
Every violation by any person, firm, association or corporation
of any of the provisions of this chapter shall be deemed to be an offense
against this chapter and, upon conviction therefor, such person, firm, association
or corporation shall be subject to a fine of not more than $500 or imprisonment
not to exceed 15 days, or both, for each and every offense; and a civil penalty
for the removal or destruction of any tree on private property to its value,
not to exceed $2,500 per tree.
B.
If any trees are unlawfully cut down, cleared,
killed or otherwise destroyed by any person(s), firm(s) or corporation(s)
in connection with or preparatory to any development, improvement or change
of use or proposed rezonings for which a permit or permission is required
by the town, then, in addition to any other fine or penalty provided for in
this chapter or elsewhere, said person(s), firm(s), association(s) or corporation(s)
shall not be granted such permit or permission by the town unless and until
a remedial tree planting plan for the subject premises is accepted and approved
by the Town Building Inspector and/or Planning Board as part of the coordinated
review process.
