[HISTORY: Adopted by the Town Board of the Town of Lake George 5-10-2021 by L.L. No. 2-2021. Amendments noted where applicable.]
The Town Board of the Town of Lake George has determined that
it is in the interest of the citizens of the Town of Lake George,
to promote and protect their health, safety and welfare, to adopt
a tree care ordinance. The Town Board recognizes the role that trees
play in the Town ecosystem and that they contribute to the quality
of air, reduce noise and visual pollution, help to moderate climatic
extremes and conserve energy, and the Board further recognizes the
role trees play in enhancing property values and the general quality
of life in the Town. In order to establish a responsible program for
planting, maintenance, husbandry, or removal of publicly owned trees
or shrubs in the Town, the Town Board finds it necessary to establish
and to adopt this chapter to provide an orderly framework to maximize
the benefits afforded by trees within the Town.
As used in this chapter, the following terms shall have the
meanings indicated:
Any trees, shrubs, bushes and all woody vegetation on land
lying within public parks having names and in all areas owned by the
Town and to which the public has access.
Any trees, shrubs, bushes and all woody vegetation on land
lying within a public street or right-of-way within the Town.
The Town Board has delegated the joint Town-Village Go Green
Committee to provide for oversight and implementation of this chapter,
in conjunction with the oversight, implementation and enforcement
by necessary Town staff. The Go Green Committee shall at a minimum
have at least one elected official and two staff members from the
Town of Lake George at all times. The Go Green Committee shall assist
with any urban and community forestry planning efforts, including,
but not limited to, inventorying all public trees within the Town,
studying, investigating, and from time to time updating a plan for
the condition of all such public trees. The Go Green Committee shall
periodically counsel the Town Board on how best to manage the public
trees and should, at its discretion, prepare and update a written
plan for the public safety, care, preservation, pruning, planting,
replanting, removal or disposition of trees within the Town of Lake
George easements, streets, and Town parks. This plan shall also include
a provision for public education.
A.
The Town Board of the Town of Lake George, and all authorized Town
employees, shall have the right to plant, prune, maintain and remove
trees and woody plants within the limits of all Town streets, sidewalks,
rights-of-way, or parks. The Board and authorized staff, in appropriate
cases, and upon consultation and with the property owner, may remove
or prune a tree which stands upon private property but which threatens
the safety or welfare of those who may use a Town street, sidewalk
or park.
B.
The Go Green Committee may recommend the removal of any tree or part
thereof within the limits of any street, sidewalk or public park which
threatens the safety or welfare of any person or which, by reason
of its location or nature, threatens any electric line, telephone
line, gas line or any municipal water or sewer line or any public
improvement, or which is affected by any injurious fungus, insect
or other pest or disease. When a public tree dies, the Town staff
and/or Go Green Committee shall determine the reason(s) why. Consideration
for replacement of removed trees should always be given.
C.
Immediately after a storm event, if a tree or branches from a public
tree are hindering or impacting a landowner, they may remove the branch
or tree with notification to and approval from the Town of Lake George.
D.
Native species are required to be used for public trees and landscaping.
No person shall remove, destroy, or cause the removal or destruction
of a tree on any Town street or in any Town park, or undertake construction
or any activity which may significantly and prematurely detract from
the health or growth of a tree without first having obtained written
permission for such removal or construction at the Town Planning and
Zoning Office, and supported by the Town Highway Department. All applications
must be approved by the Go Green Committee, the Town Board, and all
approvals shall be in conformance with a Tree Master Plan, if one
exists.
Any violation of this chapter shall constitute a violation within
the meaning of the Penal Law of the State of New York, and an appearance
ticket alleging such violation may be issued by any code enforcement
officer having jurisdiction.
A.
The Town Board shall have the right to review the conduct, acts,
and decisions of the Go Green Committee and of its individual members,
in regard to oversight and implementation of this chapter. The Town
Board shall, in conjunction with the Village Board of the Village
of Lake George, suggest new, replacement or alternative Go Green Committee
members when necessary.
B.
Any person who is aggrieved by any decision of the Go Green Committee
may appeal the decision within 10 days of the filing of a formal decision
by the Go Green Committee with the office of the Town Clerk. The appeal
shall be heard by the Town Board within 30 days of the filing of the
appeal in the office of the Town Clerk. The Town Board shall make
and file its decisions with the Town Clerk within five days of its
hearing.
Should any section of this chapter be found to be unconstitutional,
that finding shall in no way affect the other sections of this chapter,
which shall remain in effect. This chapter shall become effective
upon its adoption by the Town Board and its filing in the office of
the NYS Secretary of State.
