Chapter
120 of the Town of Somers Town Code shall be named "Tree Board."
This chapter is enacted to designate the Open Space Committee
of the Town of Somers as the official Tree Board for the Town in order
to achieve the following purposes:
A. Provide recommendations to the Parks and Recreation Department and
Highway Department, who are responsible for management and care of
the Town's trees, parks and open spaces, regarding preservation
of the Town's urban canopy.
B. Promote efficient and cost-effective management of the Town's
community forest.
C. Work to establish and maintain the maximum sustainable tree cover,
including age and species, in order to protect and enhance the environment
and the character of the Town.
D. Foster community support through regular educational outreach, and
encourage good citizen tree management practices through knowledge
sharing.
This chapter is adopted pursuant to the authority granted by
the Municipal Home Rule Law and shall supersede any provision of state
law which is inconsistent herewith.
As used in this chapter, the following terms shall have the
meanings indicated:
ARBORIST
Trained specialist certified by the International Society
of Arboriculture or one of its chapters or other nationally recognized
arboricultural organizations with expertise in tree management.
OPEN SPACE COMMITTEE
The Open Space Committee advises the Town on preserving and
protecting municipal trees, parks, land and undeveloped spaces and
has assumed some responsibilities in an advisory capacity of the former
Conservation Board.
PARK
Includes land designated as a park pursuant to New York State
statutes as well as areas such as playgrounds, pools, or other recreational
facilities within the Town.
PUBLIC PLACES
Includes all grounds owned, leased, or controlled by the
Town of Somers.
PUBLIC TREE
Any woody plant, located on municipal property or within
the municipal right-of-way, having at least one well-defined trunk
and at least 2 1/2 inches in diameter measured at a height of
six inches above the natural grade and having a clearly defined crown.
STREET TREE
Any tree, shrub, bush, or other woody vegetation on land
lying between property lines on either side of all streets, avenues
or roads, such as the municipal right-of-way.
TREE CITY, USA
A program sponsored by the National Arbor Day Foundation
in cooperation with the USDA Forest Service and the National Association
of State Foresters which gives recognition to communities for providing
a basic level of human and financial resources to manage their community
forests.
TREE WORK
Includes, but is not limited to, pruning, shaping, thinning,
cabling, stump removal, root pruning, topping, fertilizing, removing,
planting, and spraying for insect and disease control of a tree.
Membership of the Tree Board shall consist of the members of
the Open Space Committee as appointed by the Somers Town Board. The
Secretary to the Tree Board shall be the Secretary to the Open Space
Committee.
The responsibilities of the Tree Board shall be as follows:
A. Accountability.
(1) The Tree Board shall submit an annual report of their actions and
activities to the Town of Somers Town Board.
(2) The Tree Board shall advise and assist with the annual renewal of
the Arbor Day Foundation Tree City designation and advise and coordinate
the submission of future Urban Forestry Grant applications.
B. Review and make recommendation for new tree planting. The Tree Board
will make recommendations regarding the location of planting of new
trees on municipally owned land.
C. Environmental education and awareness. Coordinate and promote the
Town's annual Arbor Day celebration and activities. Support local
schools, libraries, and community centers in offering environmental
education programs and programming relating to tree planting and preservation.
D. Best management practices for tree care and maintenance.
(1) The Tree Board shall advise on the species and variety of trees to
be planted, including the size, height, and width of the trees, and
expected maximum growth.
(2) The Tree Board will select and consult with an arborist to conduct
Town-wide tree inventories, advise on tree management plans, tree
planting, maintenance, and education programming.
(3) The Tree Board will advise the Town's Parks and Recreation Department
and the Highway Department regarding their management and care of
the Town's trees, parks, and open spaces.
If any clause, sentence, paragraph, subdivision, or part of
this chapter, or the application thereof to any person or circumstance,
shall be adjudged by any court of competent jurisdiction to be invalid
or unconstitutional, such order or judgment shall not affect, impair,
or invalidate the remainder thereof.