[HISTORY: Adopted by the Town Board of the
Town of Guilderland 12-6-2022 by L.L. No. 9-2022. Amendments noted where
applicable.]
The intent of this chapter is to preserve, protect, and enhance
the Town of Guilderland's natural environment through tree protection,
preservation and sustainable planting. The planting of native trees
and appropriate landscaping in sufficient amounts and proper locations
helps promote the health and welfare of a community, and contributes
to the environment's biodiversity. These plantings also provide
shade, improve air quality, and reduce noise and light infiltration,
and help with stormwater management, prevent erosion and flooding,
and provide critical protection and habitat for wildlife. The Town
Board delegates responsibility for managing the Town's community
forest to the Tree Preservation Committee for the benefit of the Town's
current residents and future generations.
As used in this chapter, the following terms shall have the
meanings indicated:
Detailed specifications and standards of practice regarding
arboricultural activities, including, but not limited to, selection
of appropriate trees and location, site preparation and tree planting,
maintenance, removal, replanting and replacement, and best practices
for use by a review board considering a land development activity
application and by individual property owners.
Any clearing, grading, excavation, filling, demolition or
stockpiling activities that result in soil disturbance. Clearing activities
can include, but are not limited to, logging equipment operation,
the cutting and skidding of trees, stump removal and/or brush root
removal. Construction activity does not include routine maintenance
that is performed to maintain the original line and grade, hydraulic
capacity, or original purpose of a facility.
Any person who shall file an application for land development
activity or may physically alter a site approved for development,
and any owner of land approved for development.
A written review and description of Town forestry goals,
objectives and such related activities as updating the ASSP and the
Master Tree List, conducting street tree surveys, planting trees and
sponsoring educational programs for the public, and best practices
for maintaining and replacing trees. It shall include recommendations
by the NYS Department of Environmental Conservation, Albany Pine Bush
Preserve, and environmental organizations regarding native, non-native,
and invasive species.
A tree with historical or cultural value, and is an outstanding
specimen, unusual species, and/or has significant community benefit.
The entire width of every public way or right-of-way when
any part thereof is open to the use of the public, as a matter of
right, for purposes of vehicular and pedestrian traffic.
The highway superintendent of the Town of Guilderland or
his designee.
An activity, including clearing, grading, excavating, soil
disturbance, or placement of fill, resulting in land disturbance of
more than one acre of land, including, but not limited to, a subdivision,
planned unit development, site plan approval or special use permit.
Also includes activities disturbing less than one acre of total land
area that are part of a larger common plan of development or sale,
even though multiple separate and distinct land development activities
may take place at different times on different schedules.
A listing of suitable and desirable types and species of
trees able to thrive near Town highways and within public places of
the Town and best practices for maintaining and replacing trees.
The director of the Department of Parks and Recreation of
the Town of Guilderland or his designee.
Any person, firm, partnership, association, corporation,
company or organization of any kind, including public utilities and
municipal departments.
To keep a tree or shrub from harm, damage or danger, and
to protect and save a tree or shrub.
To remove dead or living parts from a tree or shrub to increase
health and vigor and maintain a desired shape or size.
All grounds owned by the Town or under its control or supervision,
whether owned, leased or under contract of the Town.
Any tree now or hereafter growing within the bounds of any
Town highway or public place.
To take away and remove a tree or shrub.
The board that issues the approval or advisory opinion for
a land use development activity application.
A woody plant with more than one main stem emerging from
the ground.
Any tree planted or growing within the right-of-way of a
public street with at least one single central axis (trunk) at least
four inches in diameter measured at a height of four feet above the
ground.
The Town of Guilderland, lying within the County of Albany,
State of New York.
That part of a street or highway not covered by the sidewalk
or other paving lying between the property line and that portion of
the street or highway usually used for vehicular traffic.
A woody plant with at least one single central axis (trunk)
at least 12 inches in diameter measured at a height of four feet above
the ground and having a defined crown, except for a street tree, as
defined above.
A.
Creation.
The Tree Preservation Committee is created under this chapter.
B.
Members,
term, and Chair. The Tree Preservation Committee shall have five members
appointed to three-year terms by the Town Board, who shall appoint
the Chairperson. For the initial term, three members shall be appointed
for three-year terms and two members shall be appointed for two-year
terms. The Town Board shall endeavor to appoint at least one member
who is professionally trained or has a background or degree in forestry,
botany, horticulture or landscape architecture. If a vacancy shall
occur otherwise than by expiration of term, the Town Board shall appoint
the new member for the unexpired term.
C.
Removal.
The Town Board shall have the power to remove any member of the Tree
Preservation Committee for cause and after a public hearing.
D.
Chairperson
duties. All meetings of the Tree Preservation Committee shall be held
at the call of the Chairperson and at such other times as such Board
may determine.
The Tree Preservation Committee shall prepare and update a written
Forestry Plan and shall review the approved plan on an annual basis.
Upon its acceptance and approval by the Town Board, the plan, as may
be amended, shall constitute the official Forestry Plan for the Town.
The Forestry Plan shall define the annual goals and objectives, include
a current statement of ASSP and current Master Tree List. Nothing
contained in the Forestry Plan or the ASSP shall abridge the authority
of the Highway Superintendent as provided for in the NYS Highway Law.
The Highway Superintendent shall administer the Forestry Plan in Town highways, and the Parks Director shall administer the Forestry Plan in public places. A review board shall consider the Forestry Plan and any report by the Tree Preservation Committee under § 201-10 in reviewing applications for land development activity.
A.
The clear-cutting
or deforesting of all or substantially all of the trees, shrubs or
brush on any area of land in the Town measuring one acre or more is
prohibited except pursuant to and in conjunction with an approved
subdivision plan, approved site plan, approved special use permit,
building permit or part of a recognized agricultural or sustainable
forestry practice.
B.
The Highway
Superintendent shall treat or remove public trees that, in his determination,
are dead or diseased and constitute a hazard to life and property
or a threat to other trees in the Town. No person other than the Highway
Superintendent or his duly authorized deputy or agent shall cut down,
remove or destroy any tree standing or lying on land within the bounds
of any Town highway or Town tree lawn. The Highway Superintendent
shall see that all removal work on public trees is performed in accordance
with the ASSP included in the Forestry Plan and is reported to the
Tree Preservation Committee within 14 days.
C.
The Highway
Superintendent and Parks Director shall provide that trees removed
from Town tree lawns and public places of the Town are replanted or
replaced in accordance with the Forestry Plan. If conditions prevent
planting at the removal site, a tree removed from the Town tree lawn
or public place may be replanted or replaced at an alternative site,
preferably in the same or a neighboring Town tree lawn or public place.
The species, number, and location of the trees shall be reported to
the Tree Preservation Committee within 14 days.
The owner of property adjoining a Town highway may, at their
own expense, plant trees in the tree lawn adjacent to their property,
with the approval of the Highway Superintendent. Approval shall be
granted if the planting proposed is in accordance with the ASSP included
in the Forestry Plan and if trees to be planted are selected from
the Master Tree List included in the Forestry Plan. The Highway Superintendent
shall authorize approved planting by a written order that shall include
a map or diagram showing the location of each approved tree planting.
The order shall be filed with the Town Clerk within 14 days of its
issuance and a copy provided to the Tree Preservation Committee.
A.
All work
on trees in Town tree lawns and public places of the Town shall be
performed in accordance with the Forestry Plan.
B.
No person,
other than the Highway Superintendent, Parks Director or their designees,
shall cable or brace, trim, cut above ground or below ground or otherwise
disturb any heritage tree or public tree without first obtaining a
permit from the Highway Superintendent, Parks Director or their designees,
who shall issue a permit if he determines that the work proposed is
necessary and that the methods and workmanship proposed are satisfactory.
The Highway Superintendent, Parks Director or their designees shall
supervise and inspect all work on public trees done under permit.
The Tree Preservation Committee shall be notified within 14 days of
the issuance of a permit.
A.
No person,
other than the Highway Superintendent, Parks Director or their designees,
shall cut, carve, injure, harm or damage a public tree, heritage tree,
or any tree in Town tree lawns and public places of the Town; attach
any rope, wire, nails, advertising posters or other contrivance to
any tree; allow any gaseous liquid, chemical or solid substance which
is harmful to trees come into contact with any tree; or set fire or
permit any fire to burn such that the fire or generated heat thereof
would injure any portion of any tree.
B.
No person,
other than the Highway Superintendent, Parks Director or their designees,
shall undertake any excavation or fill, construction or street work
near any public tree until said tree shall be safeguarded by such
high-visibility barriers or other protective measure as shall effectually
prevent injury to any part of any tree and its root system to the
satisfaction of the Highway Superintendent. No person shall excavate
any ditches, tunnels or trenches, otherwise change the grade of any
terrain or lay any drive within a radius of 15 feet from any public
tree without the written approval of the Highway Superintendent.
C.
No person,
other than the Highway Superintendent, Parks Director or their designees,
shall deposit, place, store or maintain upon any Town tree lawn or
public place of the Town any stone, brick, sand, fill dirt, concrete
or other materials that may impede the free passage of water, air
and fertilizer to the root system of any tree.
For any land development or construction activity, the following
shall apply:
A.
Before
undertaking land development or construction activity, the developer
or landowner shall submit the following: 1) a site plan that identifies
trees by size, species and condition, and 2) an aerial image no more
than six years old with an overlay of the proposed development or
construction areas. The developer or landowner shall also tag any
tree at least 12 inches in diameter measured at a height of four feet
above the ground and having a defined crown.
B.
The Tree
Preservation Committee or Conservation Advisory Council may conduct
site visits to review the submitted site plan and trees flagged for
preservation to determine if additional trees should be recommended
for preservation by the review board. The review board shall include
this information in its determination of which trees shall be preserved
and so designated on the approved final site plan, and the appropriate
escrow by the developer or landowner for inspection of preserved trees.
C.
The developer
or landowner shall mark trees to be preserved by the review board
with flagging and safeguard them by high-visibility barriers or other
protective measures to prevent injury to the tree and its root system
during construction, including, but not limited to, soil compaction,
grade change, root severance, drainage change, soil chemistry change
and trunk and limb impact change
D.
The developer
or landowner shall provide the review board with a written inspection
report of the condition and protection of trees to be preserved at
three stages: prior to site disturbance, prior to the issuance of
a building permit, and prior to certificate of occupancy issuance.
The inspection shall be conducted by an arborist, botanist, landscape
architect or other qualified professional experienced in tree preservation
as approved by the Tree Preservation Committee. A copy of the inspection
report shall be provided to the Tree Preservation Committee.
E.
If the Tree Preservation Committee or review board finds that there
has been a violation of this section, it shall notify the developer
and landowner and provide up to 20 days to correct the violation.
In addition to any other penalties set forth herein, failure to correct
the violation in the designated time period shall result in the revocation
of any outstanding permits or approvals associated with the land development
or construction activity.
F.
Prior
to the issuance of a certificate of occupancy, the developer or landowner
shall either provide to the Town moneys equal to the value of any
tree designated for preservation that is removed or injured or that
died as a result of construction or, with the approval of the Town
Planner and Chief Zoning Administrator, provide and plant a replacement
tree(s) of equal value from species in the Master Tree List at an
approved location(s). The value shall be determined by published standards
of the International Society of Arboriculture or similar recognized
body.
A violation of this chapter is an offense punishable by fine and/or imprisonment, and other penalties contained in § 280-59.
