Town of Amherst, NY
Erie County
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Table of Contents
Table of Contents
A. 
No person, firm or corporation, except as hereinafter provided, shall engage in or carry on the business of dealing in evergreen trees commonly known as "Christmas trees" or storing Christmas trees intended for sale without first procuring a permit to do so.
B. 
Application shall be made, in writing, to the Highway Superintendent upon forms provided for that purpose.
C. 
Applicants shall state the maximum number of trees proposed to be stored at any one time and location. Where the premises are not owned by the applicant, the application shall be accompanied by a copy of the lease covering said premises where said trees are intended to be stored, together with proof of ownership by the applicant or a consent, in writing, to the use of said premises for such purpose.
D. 
The applicant shall, at the time of filing of the application, pay a permit fee of $25 and, in addition thereto, make a cash deposit of $500 to ensure the removal of any trees, rubbish or debris left on the premises.
E. 
The Highway Superintendent may also deny any application. Christmas tree permits shall not be located in a residential district except for parcels located in the Suburban Agricultural District.
The applicant and/or the owner of premises upon which Christmas trees are stored for sale shall remove all Christmas trees and other rubbish and debris created by or from the placing, storing and sale of said trees from said premises within a period of six days immediately following Christmas Day of the year in which said trees are so stored for sale; and in the event that the applicant or owner of said premises shall fail to remove from said premises said Christmas trees, rubbish and debris within said period of time, the Christmas trees remaining on said premises shall be deemed abandoned, and, in that event, the Highway Superintendent is hereby authorized to enter upon said premises and remove all Christmas trees, rubbish and debris and to dispose of the same, and there shall be no liability on the part of the Town of Amherst to any person, firm or corporation on account of such entry and removal of Christmas trees, rubbish and debris. The costs of the removal of said Christmas trees, rubbish and debris shall be a charge against and deducted from the cash deposit made by the applicant.
The cash deposit made by the applicant shall be refunded, less any charges, upon certification by the Highway Superintendent that all trees have been removed from the premises and that the premises have been satisfactorily cleaned up.
Christmas trees shall not be placed within the restricted clear-vision area as defined in Chapter 203, Zoning.
The provisions of Article VIII of this chapter shall not apply to persons, firms or corporations engaged in business as nurserymen in the Town of Amherst.