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HomeMy WebLinkAboutTree Ordinance 1988'~._~,/'LANNING BOARD -- The Plann{ng B~m¢~ the Town of . Breekhaven. . TREE -- Any li~hng, perennial, woody plant, its branches, im ro~t sysiem and i~ trunk, if ~ea~ than three (3) igches in · / diame~r m~urin~ thr~ (~) feet from ~ound level, and six F" ' (~) feet in height me~ured from ground level, § 70-3. Permit required. No person shall destroy or remove from the soil any tree growing upon a parcel of re.a] property of any size which is zoned for commercial or industrial use or which is in excess of two (2) acres in size and is zoned for residential me or commit any act which causes the destruct/on or cessation of life functions of any tree growing upon such real property Mthout first hav~ng obtained a permit issued therefor as prescribed by this chapter. Ne such permit she/1 be issued un]ess a site plan has been appmved,'a.subdbqsion map has been approved and flied with the County Clerk or a building permit has b~en issued. In determining the area of a parcel of real property for the purpose of this chapter, whenever any two (2) or more contiguous parcels of property are subject to common ownership, such two (2) or 7OO2 § 70-3 TREE PRESERVATION more parcels are deemed merged, and the total area thereof shall be the determinant size for the application of this section. § 704. § 704. Exemption~. A. No person shall be required te obtain a permit as prescribed by § 70-3 of this chapter for the destruction or removal of trees incidental to surveying and soil investigation activities. B. Any person doing business as a public utility subject to the jurisdiction of the New York State Public Ser~ieo Commission and any duly consti£uted public agency authorized to provide utility services shall be permitted to trim, prune or alter any tree which may otherwise be lawfully altered by such person, to the minimum extent necessary to. enable such person to repair exis[ing utility services, without having first obtained a permit issued therefor pursuant to § 70-3 of this chgpter. C. The provisions of this chapter shall not apply to real property included in any approved subdivision or approved site plan when such approval was granted by the Planning Board prior to the effective date of this chapter. Notwithstanding the foregoing, in the event that building permits have not been issued for said apprm, ed subdiv/sion or approved site plan, this chapter shall apply, and ne building permit shall issue until all applicable provisions of this chapter have been complied with. D. Any person required by the Code of the Town of Breokhaven to submit an application to the Planning Board for approval of a proposed subdMsion or site plan after the effective date of this chapter shall submit with such application the informa- tion required for a permit pursuant [o § 70-6 of this chapter. No subdivision or site plan shall be approved by the Planning Board without due consideration of such information. Approval of a subdivision or site plan pursuant to this section shall relieve the applicant for such approval 9f the necessity to obtain a permit required by § 70-3 of this chapter, and the approval of such subdkhston or site plan shall constitute adequate compliance with this chapter. No tree removal or clearing shah take plase in or at such approved subdivision or site plan until building-permits have been issued or the 7003 § 704 BROOKHAVEN CODE § 70-6 proposed project. However, in the event of a subdiv/sion, tree ';clearing and removal .may commence prior to issuance of · building permlts restricted to those areas of the subdivision - which are to be developed ms rOads and/or drainage facilities. E. Any person who h~s filed an application for approwl of a subdivision or site plan prior tn the effective dale of this chapter and has not received approval of the same prior to the effective date of this chapter shall submit to the Planning Board such information relative to the preset'orion of trees as the Planning Board may' request. F. The Now York State Department of Em'irenmental Conserva- tion shall he permitted to trim, prune or remove trees pursuant to the New York Environmental Consor;~tion Law ~Sthout the necessity of obtaining a permit pursuant to this chapter. § 70-5. Administration of provisions. This chapter shall be administered by the Planning Board which shall have the authority to promulgate rules and regulations for the effective administration of this chapter consistent with the legislative intent of this chapter. The Planning Board shall have the zuthgrity to delegate the administration of this chapter to its departmental personnel. § 70-6. Application; issuance of permif, A. Every applicant for a permit required by this chapter shall submit an application to the Planning Board on such form as may be prescribed by the Planning Board. Such application shall include the follo~ving information: (I) The name and address of the applicant and owner, if not the same. (2) The purpose of the prOposed tree removal, (3) The site of the proposed tree removal 7004 To: From SOoT orD TOWN TREE, COMMiTtEE Southold~ Town Hall Main Road / Southold, NY,/ 11971 Frank ~lurpl!y~~ ~ Town Raymond JacObs Valerie Sco~z Edward Subject: Progress Re~O~t Dear Official, Attached for of a proposed Tree changes and modificat some months ago_ We when we may have a se~nd welcome input from of having a tree Tree City. We would like to ordinance. We sugges~ for the current list subdivisions_ 2his Our comnittee ~s~o in Southold To~m. Th~+~ ceremony similar to office with parkir~ areas and t~nwide tree where children can ED/ley February:t~7, 19~9 Victor Le~sard ' Jay Schoti~lebare Ani-onia /~6th , please find a copj of ou~ comnzttee s latest dralt for Southold To~n. This d~aft is the product of gested by our first meeti~ with the Codes Committee entlv awaiting word fram C~mcilwoman Oliva as to with that corm~ittee_ ~n the meantime, we would concerning this project, ir~Among the m~ny benefits the books is that Southol~ can become listed as a attention to Article 13~page 15) of our proposed list or at least a pa= 'thereof be substituted sted trees found in Sectio~ A108Z41 for use in new a wider variety of ap~Jopriate trees to be used. ~P~nnin§ ko have its Second~-~nual Arbor Day Observance plan to focus on ~tt¢¢~k with a tree plan~in~ at the site of the .Chmv~t ~r of Cu~,erce information y planted near the '~llagels shopping and as afforded_ This year w~- also are planning a to school children and an Arbor Day Poster Contest tree for their school. Sincerely ,'ou~ ~ Edward Dar Chairman TOWN TREE COMMITT~, f~,, TOWN OF SOUTHOLD TREE ORDINANCE TABLE OF CONTENTS ARTICLE NUMBER AND DESCRIPTION Page No. 10 -- 11 -- 12 -- 3.3 -- 14 -- 15 -- 16 -- Title Definitions Findings & Intent Town Tree Committee Procedure Duties & Responsibilities Jurisdiction Planting Prohibitions Applications & Permits Replacement of Removed Trees Tree Bank Approved Trees Stump Removal Liability insurance Penalty Ol 02 03 04 05 06 07 08 09 10-12 13 14 15 16 I? 18 Revisions Article ! - TITLE This local law shall be known and may be cited as the Town of Southold Tree Ordinance ArticLe 2 - DEFINITIONS Committee The Southold Town Tree Committee. Habit Insured Tree Contractor The natural growing characteristics of any tree which includes branch spread and distribution, branch height above ground and root spread and distribution. Any individual, firm partnership, association, corporation, company, public utility or organization of any kind, or agent thereof. Substantial Alteration Shall mean any cutting, pruning, girdling, application of herbicides, root cutting, elevating or other alteration of the habit of a tree which impairs or endangers the life of such tree or destroys it's natural symetry and shall include, but is not limited to, heavy or unnecessary cutting of top branches and cutting of ma~or lower limbs. Tree Any woody plant having a diameter of 3" or more measured at a height of 4 1/2'' above the ground. Tree Bank Southold Town budget line item A8560.4 Environment - Tree. Community ArtiCle 3 - FINDINSS & INTENT It has been established that trees stabilize the soil, control water pollution by preventing soil erosion and flooding, absorb air pollution, provide us with oxygen yield advantageous microclimate effects, have an intrinsic, aesthetic quality, offer a natural barrier to noise and provide a natural and valuable habitat for wildlife in our area, and that the removal of trees deprives all segments of our society of these benefits while disrupting the ecological systems of which they are a part. It is therefore the intent of the Southold Town Board, in enacting this local law, under the advisement of the Southold Town Tree Committee, to regulate the indiscriminate destruction and removal of trees in order to preserve these various benefits to the maximum extent possible for the present and future inhabitants of the Town. A~ticle 4 - TOWN TREE COMMITTEE There is hereby created and established for the Town a Tree Oommittee which shallact as an advisory committee to the Town Board with respect to the implementation of the provisions of this chapter of Southold law. Members shall be appointed by the Town Board to serve on the Committee for a term of 3 years. Members shall serve without compensation. The Committee shall consist of seven (7) members. A~ti¢le 5 - PROCEDURE The Committee shall recommend to the Town Board yearlv for apDroval its choice for cha.ir~erson. It will keep a record of its proceedings. The Committee will meet at 7:30 p.m. on the second Thursday of the month, or at such times as the Committee shall deem necessary Droviding sufficient time is allowed for not~ce to the public. A~t~cle 6 - DUTIES ~ RESPONSIBILITIES It shall be the responsibility of the Committee to study, investigate, counsel and develop and/or update annually a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees in parks, streets and in other public areas in the Town. Such plan shall be presented annually to the Town Board and, upon it's acceptance and approval shall constitute the official comprehensive tree plan of the Town. The Committee, when requested by the Town Board, shall also consider and investigate any special matter or questions coming within it's scope of work for findings, report and recommendation to the Town Board. A~ti¢le ? - JURISDICTION Al/ trees, shrubs and ornamental plantings, on Town owned propertv shall be under the care and jurisdiction of the Committee. Ar{'~le 8 - PLANTING No person, shall plant any tree on any real property belonging to the Town without first obtaining a permit from the Town Clerk. Any tree planted pursuant to this section shall become the property of the Town. Any tree planted shall be planted in accordance with accepted ornamental practices which may include, but not specifically be limited to the inclusion of fertilization, mulchinG and staking. A. Spacing The spacing of trees will be in accordance with the three species size classes listed in Article 13 of this ordinance, and no trees may be planted closer together than the fo/lowing: Small Trees, 40 feet; and Large Trees, 80 feet; except designed or approved by a landscape architect. Trees, 30 feet; Medium in special plantings B. Distance from Curb and sidewalk The distance trees may be planted from curbs or curb-lines and sidewalks will be in accordance with the three species size classes listed in Section 17 of this ordinance, and no trees may be planted closer to any curb or sidewalk than the following: Small Trees, 2 feet; Medium Trees, 8 feet; and Large Trees, 4 feet. C. Distance from street corners and fireplugs No Street Tree shall be planted closer than 20 feet of any street corner, measured from the point of nearest intersecting curbs or curb-lines No Street Tree shall be planted closer than !0 feet of any fireplug. Arti,u~le 9 - PROHIBITIONS No person, shall in any way injure, destroy, mutilate, top or substantially alter the D~bit of any tree on town owned property or affix to such tree any signs, notices or other matter with nails, tacks, staples or that which would otherwise cause damage, injury or destruction to the tree. No person shall attach or maintain any rope, wire, advertising posters or other f~xture to any tree on town property or allow any gaseous, liquid or solid substance which is harmful to such trees to come in contact with them or set fire or permit any fire to burn when such fire or the heat therefrom will injure any portion of any such tree. Article 10 - APPLIGATIONS & PERMITS Whenever a person shall deem it necessary to remove, destroy, substantially alter, or p/ant one (1) or more live trees on any Town owned ~roDert¥ such person shall first submit an application for a permit to the Town Clerk. The Town Clerk may not issue a permit until the application has been reviewed and approved by the The Town Board under advisement of the Committee. Permits under the provisions of this ordinance shall be issued by the Town Clerk without charge. C. The pruning and removal permit applications shall include, but not be limited to the following: 1) Name and address of the applicant. 2) Purpose of the proposed tree removal or pruning. 3) Name and address of the Insured Tree Contractor who will remove, destroy~ prune or substantially alter the tree(s). 4) Evidence of inforce liability insurance as mandated by Section 19 of this chapter. 5) Size, species and location of tree(s). 6) Proximity of tree(s} to existing or proposed structures. ?) Any additional information that the Committee shall deem necessary for evaluation of the application. ArtiCle 10 - APPLICATIONS & PERMITS (CONT'D) Criteria for removal permit application evaluation: 1) The location and size of the tree to be removed. 2) The condition of the tr~e with respect to disease and hazardousness, danger o~ falling, proximity to existing or ! proposed structures and interference with utility service and traffic. The necessity of the re'oval for the project in question~ 4) The enviromental effect of the removal. 5) Good horticulture management practices. The planting application sk following: 1) Name and address of app] 2) Location, spacing, size all include, but not be limited to the icant. quantity and species of proposed tree(s). Any proposed tree shall be selected from approved trees found in ~rticle 13 of this cha~ .... S) A sketch or plan of proposed tree(s) to: a the list of the !rea indicating the proximity of Street corners. Fire hydrants. Utility facilities. Storm drains. Existlng or proposed Driveway and parking Rights of way. ~tructures. .~acilities. Article 10 - APPLICATIDNS & PERMITS (CONT'D) F. Criteria for planting permit application evaluation: 1) Compliance with all sections of this chapter, which may apply, are required for planting. 2) Appropriateness of the planting plan with respect to the surrounding area. p. ig, Ar~'iele 11 - REPLACEMENT OF REMOVED TREES Any person who removes one or more trees on town owned property shall, at his expense, replace the removed tree(s) with a number of replacement trees from the list of approved trees such that the total of the diameter(s) of the replacement tree(s) is equal to that portion of the total diameter of the removed tree(s) which consisted of solid, healthy wood. The diameter of the removed tree is measured at a height of 4 1/2 feet above ground. The minimum diameter of any replacement tree shall be 2 inches measured a distance of 6" above ground. All required replacement trees must be planted within 6 months from the date when the original tree(s) was removed. Replacement trees shall be planted at a location designated by the Town Board under advisement of the Committee. The replacement tree(s) would be in addition to any other trees which may be required by any other To~rn mandate to be planted at or near the site of the removed tree. In lieu of planting all or a portion of the required replacement trees at the site of the removed tree, the Town Board undsr advisement from tke Committee may direct that the person requesting or responsible for the removal of the original tree(s) to make a deposit to the Tree Bank as required by that Article of this ordinance. Removal of hazardous or dead trees shall be excepted from the full extent of the replacement requirements of this section. In such case one replacement tree will satisfy the replacement requirement. A~ticle 12 - TREE BANK A Tree Bank has been created to serve as a depository for funds to be expended for the purpose of planting new trees on Town property. Persons required to plant trees shall pay to the Tree Bank a sum of money for each required tree not planted as mandated by Article 12 of this ordinance. The minimum deposit to the Tree Bank shall be $100 for up to 2 inches of required tree. Additional inches of required tree are assessed a deposit at the rate of $50 per inch. Required deposits te the Tree Bank shall be made within 6 months of the date of removal. With the approval of the Town Board, in lieu of depositing a sum of money in the Tree Bank, a person required to plant replacement trees may, at his own expense, plant the required trees in compliance with Section 8 of this chapter, at a site(s) within the Town designated by The Town Board under advisement of the Committee. Gifts of funds by individuals for ths purpose of planting new trees on town owned propertv will be deposited to the Tree Bank. ?.l J A~ticle 13 - APPROVED TREES The following varieties of trees shall be deemed appropriate for use for planting in the Town. No species other than those included in this list may be planted on town owned Dropertv without written permission from the Town Board under advisement from the Committee. Small Trees 1,2,3 Bradford Pear 1,2,3 Flowering Cherry 1~2,3 Flowering Plum 1,2,3 Flowering Crab 1,2,3 Hawthorn 1,2,3 Japanese Dogwood i,2,J Japanese Maple 2 Magnolia Redbud 2 Holly Medium Trees 2,3 Birch European Hornbeam Green Ash Honey Locust Hop Hornbeam Mountain Ash Little Leaf Linden Sweet Gum i,2,3 Zelkova 2 Red Cedar 2 Colo. Blue Spruce 2 Norway Spruce Large Trees 1,2,3 American Linden Broad Leaf Linden Boxelder 2,3 Beech 1,2,3 Black Oaks Black Walnuts ginkgo 2 Horse Chestnut 2,S Hickory London Plane 1,2,3 Liberty Elm Norway Maple Pin Oaks Red Maple 1,2,3 Red Oaks 2,3 Sycamore Shag Bark Hickory 1,2,3 Tulip-~ree 1,2,3 White Oak 1 Tree most suitabde for plan.l_..q..~_..de, utility lines Trees most suitable for park pl~n~ing 3 Trees mos~ suitable for street trees - STUMP REMOVAL Stumps remaining from the removal of trees shall be removed to a minimum depth of 4 inches below ground level with 30 days of the tree removal. APticle 15 - LIABILITY INSURANCE Each application for pruning or removal shall be accompanied by a certificate of insurance in form approved by the Town Clerk and issued by an insurance company authorized to do business in this state, insuring to the Town and guaranteeing that the applicant has provided public liability coverage of not less than five hundred thousand dollars ($500,000) for personal injury and property damage insurance in the amount of two hundred fifty thousand dollars ($250,000), or one million dollars ($1,000,000) combined limit to save the Town harmless from all claims, actions and proceedings brought by any person for injury to persons or property resulting from or occasioned by any ~auit or default by the parson to whom the permit is issued or anyone acting thsrsunder on his behalf, and worker's compensation insurance. ~ti¢le 16 - PENALTY U' SO ~LD TOWN TREE COMMITTEE TOWN OF SOUTHOLD TREE ORDINANCE TABLE OF CONTENTS SECTION NUMBER AND u~S~=,=~ .~JJ 01 -- Title 02 -- Find!n~s & v~ 03 -- -Town Tree Committee 04 -- Procedure 05 -- Duties ~ .... po=~s-b/ .... es 06 -- Jurisdiction 07 -- Definiticns 09 o lO -- Exceptions 12 Adm~.._st_a~z .... 14 -- Public Tree 15 -- Replacement of Removed Trees !6 -- Tree Bank 17 -- Ap=.o~d Trees I8 -- S=u.~ Removal 2i -- DesO oz ~ise~sed ?tee Ee~cv~i on ~ivate Propers%- Page No, 01 02 O3 O4 05 O6 07-08 09-10 !2 13 14 15-!7 18 19 20 21 22 23 24 25 0i) TITLE This local ~= ' ~ ~ ~ .... ' ' s..a== be czted a~ the ~"~ Tree Ordinance 02) FINDINGS & INTENT It has been established that trees stabilize the soil, control ~ater pollution by preventing soil erosion and f!ocding, absorb~zr-' ~'~, ~ yield advantageous ,~,4 .. ~ -+ .... c~oc_~m=~e effects have an provide us with o~ge.~ , Jntrinsic~ ,_es.he~c quai!t¥~ offer a natural barrier tc noise end provace a ~atural and valuable habitat.~or~ w~d~i~e .... ~n' our area, and t..a~h + the removal of trees deprives ail sequents of our society of these benefits wh~le d~srupting the ecological systems of which +m · ~.~ey are a part. It ~s therefore the in~ent of theSo~_o~c~h "' ~o~. .... Bosrd, =:~ .... enacting +~ local law, under the advisement of the Southo!d Town Tree Committee, to regulate the indlscrlml~ate e ....... t~o~. and remove/ of trees {~ otter +~ preserve va~=o~s benefits to the ..=.x~..um extent po~s~bl~ = ~ =o. the present and ..... a~t .... s or 03) TOWN TREE COMMITTEE There i= hereby created and established = ~ ,~o~ the Town a which shall act as an advisory committee to the Town Board with respect to the implemenat!cn of the prcvis!cns of this chapter of Scuthold !aw. Members shall be appointed by the Town Board to a term of S years. Members shall serve ,,=~m~,'*,~.~. Committee shall consist of seven (7) members. % O4) PROCEDURE The Committee shall choose it's own officers and keep a 3curna! of it's own procaedin~s. .... a majority o~ it's members s.~a~ ~ constitute a monthly basis, or at such times as the for the transactions of it'=~ a~az~o.~ '~- The Ccmmdttee =~ ~ Co,~m~ee shall deem appropriate 05) DUTIES & RESPONSIBILITIES It shall be the responsibility of the Committee to study, investigate, counsel and develop and/or update annually a written plen for the care, preservation, pruning, planting, replanting, removal or d~sposit~on of trees in parks, streets end in other public areas in the Town. Such pien shall be presented ann~a!!y to The Town Board and, upon it's acceptance and approval shall constitute the official comprehensive tree plan of the Town. The Committee, when requested by the Town Board, shall also consider and investigate eny special matter cr questions coming within it's scope of work for ~indings, report end recommendation to the Town Board. 06) JURISDICTION Ail t~ees, ~ ~ s~ee~, .... UD~ a~,d ornamental plantings, in or upon the *~ +~ public areas and parks w/thin the To~*n shall be under the care and jurisdiction of the '~++ o?) DEFINITIONS Any woody plant having a diameter of S" or more measured at a height of 4' above the ground. Substantiei Alteration Shall mean any cutting, pruning, girdling, app!icatien of herbicides, root cutting, elevating or other alteration of the habit of a tree which impairs or endangers the ilfe of such tree or destroys it's natural symetry and shall include, but is not limited to, heavy or unnecessary cutting of top branches and cutting of major lower limbs. lines cn __~h~ side of between property tree Any woody plant-..~ public p=~=,--"- and a~]_. areas owned by the ~'~ cf ~ ~ ~ '-~ ~ the public has free access as a ~ark. 7 07) DEFINITIONS Any individual, firm partnership, association, government body, corporation, company, public agency, public utility or organization of any kind, or agent thereof. Town Clerk The Southo!d Town Clerk. Town Board The natural grcwdng characteristics of any tree wh~ch includes branch spread and distribution, branch height above ground ant root spread and distribution. The Town of Southold, County of Suffolk, State of New York. Committee The Southo!d Town Tree 08) PLANTING No person, shall plant any tree on any rea! property belonging to the Town without first obtaining a permit from the Town Clerk. Any tree planted pursuant to this section shall become the property of the Tcwn. Any tree planted shall be planted in accordance with accepted ornamental practices which may include, but not spec!~ica!!y be limited to the inclusion of fertilization, mulching and staking. A. Spacing The spacing of trees will size classes listed in Section 17 p!anred closer tcgether than the following: Small Trees, 30 Trees, 40 feet; and Large Trees, 50 feet; excep~ in special designed or approved by s landscape architect. be in accordance with the three species of this ordinance, and no trees may be feet; Medium plan~ings B. Distance from Curb and Sidewalk The distance trees may be planted fram curbs or curblines and sidewalks will be in accordance with the three species size classes listed in Section !7 of this ordinance, and no trees may be planted closer to any curb or sidewalk than the following: Small Trees, 2 fee~; Medium Trees, S feet; and Large Trees, 4 fear. 08) PLANTING (CONT'D) C. Distance from street corners and fireplugs No Street Tree shall be planted closer than 20 feet of any street corner, measured from the point of nearest intersecting curbs or curb!ines. Nc Street Tree shall be planted closer than i0 feet cf any fireplug. D. Utilities No Street Trees other than thcse species listed as Small Trees in Section 17 of this ordinance may be planted under or within !O lateral feet c~ any overhead utility wire, or over or within 5 lateral feet of any underground water line, sewer line, transmission line or other u~iiity. 09) PRUNING & REMOVAL OF TOWN TREES No person, shall prune, remove er subst~ntie!!y alter en¥ Street Tree or Perk Tree w~thout first obtaining e permit from the Town Clerk. Such permit w~lI provide tket tke applicant must replace removed tree with one or more approved tree(s) witkin 6 months efter it's remove/. !0) EXCEPTIONS A) Public Utilities shall be permitted to trim, prune, cr alter Any tree which may otherwise be lawfully altered by such person~ to the minimum extent necessary tc enable such person tc repair end maintain existing utility services: without h~ving first obtained a permit. Emergency Removals - In case of emergency caused by a tree being in a hazardous or dangerous condition posing an immediate Threat to person or property, any officer of the Police Department or Fire Department or supervisory member of the Highway Department may authorize the removal of such tree forthwith. PROHIBITIONS No person, shall ~ ' ~n any way injure, destroy, mutilate, top or substantially alter the habit of any Street Tree or Park Tree or affix to ~; .... nails, tacks, staples or such tree any signs, notices or other matter · ~+h that which ~ouid otherwise cause damage, =..~_= or des~.~c~_o~ to tke tree. No person shall +~ % or · ~=~ .... a~ac.~ .ha ...... n any rope, W!ra, aevsrtlsl~g posters or other contribuance to any Street Tree or D ~ ~a~.~ Tree or allow any ~_q~_c solid substance which ~= ~ ~ gaseous, ~ .~'~ ' or -- .=a~ ...... ~ to such trees to come in contact with them n~ ~=t fire or ..... + ' pe ...... a~¥ ~ire to burn when "~ ~-~ or the heat +' ~ =~ port!on of any such tree. ~ne_e~rcm will ~"~ 12) ADMINISTRATION This chapter of Town l~w shall be administered by the Southo!d Town Tree ConL_.~ee !S) APPLICATIONS & PERMITS ~,~enever a person shall deem it necessary tc remove, destroy, substantially alter, or plant one (!) or more live trees on any real property belonging to the Town, such perscn shall first submit an spp!ication for a permit to the Town Clerk. The Town Clerk :nay not issue a permit until the application has been reviewed and approved by the The Committee~ B. Permits' under t~~e~ orovisions of +~=~_~ ordinance shall be issued by the Town Clerk ~'~+~-~+ " C. The pruning and removal sppiica~ions snail include, but not be 5) ~) 31ame and address cf the applicant. Purpose of the proposed tree removal or pruning. Name and address and qualifications of the person who remove, destroy~ prune or substantially alter the tree(s) Evidence of inforce !iabi~it? insurance as mandated by Section 19 of thio chapter. Size, opecies and location of tree(s}. Proximity of tree(s), tc existing or propcse~ structures. Any additional information that the Committee shell deem necessary for evaluation of the application. APPLICATIONS ~ PERMITS (CONT'D) mb= ....aec_s=~_.' ~ ~ .... ~ *~= Tree Committee will be based on the following criteria: _~=..e ~oc .... o,. and slze cf the tree to be remove~. 2)~¼= condition of the tree with ~= + ' .... ~_spec= to ~isease and hazardousness, dan~er of fel!in~ ~ ~'~ ~_o..im~t¥ to existing or proposed structures and interference with utility service amd traffic. ~°~,=~ ~.- necess~t%~ of the ~= ...... ~ ~_ ~ project _ ~'~_;~e enviromenta! effect of the removal ~)Gosd hc~t!cu~tu~e managemen~ practices. !)Name and address cf applicant. 2)Lccetion, spacing, size, quantity and species cf proposed tree(s). Any proposed tree shall be selected from the list approved trees found in Se~ticn !? of this chapter~ of 14) PUBLIC TREE CARE The Town Shall have the right to planT, prune, maintain and remove trees, plants end shrubs within the iznes of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to insure public safety or to preserve or enhance the syme~ry end beauty of such public grounds. The CommitTee may remove or cause or order to be removed, any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power !ines, gas lines, water lines~ or other public improvements, or is affecte~ with any in3ur!ous fungus, insect or other pest. 15) REPLACEMENT OF REMOVED TREES Any person who removes cue Cr more Stmeet Trees or Dazk Trees =~=~ at his expense, replace the_e~,o~e~ tree(s) with a number ~* .... ~=p_~ce~ ..... ....... trees from the 2~st .... of approved trees such +~-+o ..... +~e +~o~a~+ ~ of the ~ ~ is ' to that - diameter(s) of the replacement tree~s~ aqua± port,on of the total d~ame~ of the removed tree(s) which consisted of solid, healthy wood. Diameters of '$o+A~. tm=~- removed and replacement trees ere measured at a height ef A. feet above ground. The minimum d-a,,,ete_ of any re~_=ce,.~e~.~]~ = ~ tree should be 2 inches. .Ail require~ replacement trees must be planted w~thin 6 months from t~e date .,,;~ t~o ~ ~ ' - .... en ~_ o_~5_na~ tree(s) was removes. Replacement trees shall be p~anted at a !ocatlon designated by the c ~ ~++ . The ~ 7= , ~ - - o,.m~ee ~ep.~ce~ne__~ trees would De in addition to any other trees w~._c~, may be required by ~? ~=~ near p-~ ..... et or the site of ~he removed tree. In !ie'~ cf~lmn+~n~= o__~-~ ~_~ a port_on~ s~' t~e~_ required replacement trees at the sits of ~e ......... _~...u~ urea, tke Tree ~ ~ '++ '- ~a~ the person requesting or respons~blle rot the removal of theo~g=~a~- ~ ~ tree(e) tc make _= deposit Yo the Tree Bank as required by +%~+~..=~ ~ec~_~ +~n'~ of tm~.__ ordinance. Removal of hazardous or deed trees snail be excepted from the f~ extent of the ~'= .... ~ requirements cf th~s section. En such case one replacement tree ~ ~] satisfy the ~= ~- = ' An escrow accountSn~r~11 be created to serve as a depository for _~.~"~= to be expende~ for the purpose of planting new Street ~.~e~s~ and Park T~eee Ps,sons required to ~-~+ · ~=~ trees shall pay to ~he Tree Bank a sum of money for each requzrea tree not pzanteQ as ,.a:,~=t~ Dy __ thio ordinance. The minimum deposit to the Tree Bank shall be $I00 for up to 2 inches cf required tree· Additional inches of required tree are assessed a deposit at the rate cf $50 per inch. Required deposito to the Tree Bank ohall be made within 6 months of the da~e of removai~ With 'the approvaZ of ~'~ Cc,..m,t~e .............. ~ sun ~_e Tree -'~ ~ +o =~ ~==" cf deposi~ a of money~.,~ the Tree Bank, a peroon re~nired to p~=~.~ ~.~p=~e,ne~_~ ' ~ treeo may, at ,~4~ own expense, ~_~..~-~='~+ the reqmJred trees __.~ compliance wi~h d~s~g;_=~=c by T~= Sect!on 8 of this chapter, at a s~s~ wztnzn zne Town ~.. Committee. APPROVED TREES The fallacy!ag variut~es of trees shall be deemed appropriate for use for planting ~n the Town. No species other than those included in this list may be planted as Street Trees or Park Trees w~thout written permlssion fram the Committee. am,,ll Trees __fjgdx'um__TL-ges__ !,2,3 2,3 Bradford Pear Birch Flowering Cherry European Hu Flowering Plunl Green Ash F!owe,:'i'ag Crab Honey Locust ,qaw~horn Hop Horabeam Japanese Dogwood >lOLtl~taill Ash Japanese .qapte Little Leaf Linden 2 Magnolia Sweet Gum 2,2 5arK~ Trees American Liuden Broad Leaf Linden Boxelder Beech Black Oaks Black Wa/nuts Ginkgo Horsu Chestrlllt Hickory Pin 9aks Red >laDle Red Oaks Shag 1 Tree most sultaS:e for plantln~ under 2 Trees most saitab!e for park planting W h i t e ," : ~ ~ i .[lies Oak 181 STUMP REMOVAL ' ' ~o.,. the removal cf Street Trees or Park Trees shall Stumps rema~n~!l~ ~ ~ be removed to = '~-~'~ ~ ~che= be!ow ground level with S0 days - mi~ ...... depth or 4 of the tree removal 19) LIABILITY iNSURANCE =~__csc_~.~ forp. unang- ' removal shall se acc~,.,pa .... d a c=~u~-~=~e of insurance in form approved by ~ ' issued by an insurancec~_..~..= ........ authorized ms do business i~_. this state, running to ~..e Town ~nd .... ~ g~an~eezng that the applicant has provided public l~b-l~ coverage not less than five ..... d. em thousand dollars ($500 CC,D) .... p=~so.~a~ and property damage ~ ~-~ ' the -m ~+ '' =~su~.~ce ~n =.~o .... cf two hundred thousand ~ '9 m n~', or ilion co,,,b_..ed ~imit to save +h ~ and proceedings brsu~ht by any person ~cr in3ury tc persons property ~es~l..g from osoa!ssioned by amy _a~ o ....... ov the person 5o whom the permiz is issues cr anyone 20) PENALTY Violation of Section 9 of this chapter of Town law shall constitute a violation punishable by compliance with Sections !5 and or ~6 of this chapter. V!o!atlcns of Section 8 of this chapter of Town Law shall constitute a violation pul1!shab!e by the bringing about of ccmp!iance with that section at the violator's expanse. DEAD OR DISEASED TREE REMOVAL ON PRIVATE The Town shall have the right to cause the ~ ~ ~, ~ _e~,o..e~ of any dead or constitute a hazard to ~z~e and property, or h-~' ~ insects or disease cons ...... a potential +~ ~ +~ +~=-~ w~t~ ~n the Town. The Co ......... e~ wl!i not~.fy in '~4~4~ ~ ...... g the owners . Removal shall be done by sa&d owners at their own expense '¢~4~k4~..=n ~=4"~5;' days after the dete of service of notice. Zn %he event of failure of to remove such trees and charge the cost of ~='~ -'~ +~= tax not,ce.