[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.
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.
Right-of-way.
Any plants which have self-supporting, aboveground parts
which are visible year round.
A.
The office of the Town Arborist is hereby established
within the Highway Department.
B.
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.
C.
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.
A.
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.
B.
Persons or agencies doing required maintenance work
on trees or shrubs may be granted permits to cover their work on a
yearly basis.
C.
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.
D.
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.
E.
Requests for memorial plantings shall be granted in
accordance with review, approval and supervision by the Town Arborist
with respect to species and location.
F.
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.
G.
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.
H.
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.
I.
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.
A.
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.
B.
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.
C.
Guarding of trees and shrubs.
(1)
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:
(a)
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.
(b)
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.
(2)
All material, soil and debris shall be kept outside
barriers.
(3)
No person or agency shall store any materials so as
to impede passage of water, air and fertilizer to tree roots.
A.
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.
B.
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.
C.
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; 2-16-2022 by L.L. No. 1-2022]
A.
Accumulation of snow and ice on sidewalks. It shall be unlawful for
any owner of property adjoining a sidewalk in the Town to permit three
inches of snow or ice to remain upon such sidewalk. Snow or ice must
be removed from the entire width of the sidewalk to accommodate pedestrians,
wheelchairs and strollers.
B.
Accumulation of snow or ice on buildings adjacent to sidewalks or
streets. It shall be unlawful for any owner of a building adjacent
to a sidewalk or street to permit snow or ice to accumulate upon any
building where it may pose a safety hazard to persons on any sidewalk,
street or public space in the Town, and it shall also be unlawful
for any person to permit snow, ice or water to fall from such building
upon any street or sidewalk creating a hazardous condition.
C.
Depositing snow and ice on streets or sidewalks. It shall be unlawful
for any employee, contractor or owner of property adjoining a sidewalk,
street or public space in the Town to deposit snow or ice from private
property onto public property, including sidewalks streets or other
public space in the Town.
D.
Performance of work by the Town; assessment of costs. Upon due notice,
should the owner of any building fail to remove any hazardous snow
or ice from the sidewalk or from the building within 24 hours of the
end of a snow event, the Town may remedy the abatement of such condition,
and the total cost thereof shall be assessed upon the real property
on which the hazardous condition is found. Such cost shall constitute
a lien and charge on the real property on which it is levied until
paid or otherwise satisfied or discharged and shall be collected in
the manner provided by law for the collection of delinquent taxes.
E.
Imminent hazards to life and safety. Hazardous snow or ice conditions which pose an imminent threat to life or safety may be removed immediately, and the cost thereof shall be assessed and collected as provided in § 71-5.
F.
Penalties for offenses. Any person who violates any provision of
this section shall, upon conviction thereof, be subject to a fine
not to exceed $250 per day of violation, or to imprisonment for a
term not to exceed 15 days, or both. The imposition of a penalty for
a violation of this section shall not excuse the violation or permit
it to continue, and the remedies herein provided for penalties and
civil action to enjoin or abate a violation shall be cumulative.
[Amended 5-15-2013 by L.L. No. 2-2013]
A.
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.
B.
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.
C.
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:
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.
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.
[1]
Editor's Note: Former § 120-11, Duties of owners,
was repealed 2-16-2022 by L.L. No. 1-2022.
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.
A.
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.
B.
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.
C.
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.
D.
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.
A.
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.
B.
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.
C.
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%.
