[HISTORY: Adopted by the Town Board of the Town of Pawling 9-14-2022 by L.L. No. 1-2022. Amendments noted where applicable.]
The purpose of this chapter is to establish the Town of Pawling Tree Board, which shall study, investigate, counsel and develop and/or update annually and administer a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks, along streets and in other public areas, subject to the approval of the Town Highway Superintendent of the placement and removal of trees along streets, avenues or ways within the Town of Pawling.
As used in this chapter, the following terms shall have the meanings indicated:
PARK TREES
As trees, shrubs, bushes and all other woody vegetation in public parks having individual names, and all areas owned by the Town or to which the public has free access as a park.
STREET TREES
As trees, shrubs, bushes, and all other woody vegetation on land lying between property lines on either side of all streets, avenues, or ways within the Town of Pawling.
There is hereby created and established by the Town Board of the Town of Pawling a Tree Board, which shall consist of five members who are citizens and residents of the Town of Pawling and shall be appointed by the Town Supervisor with the approval of the Town Board. The Highway Superintendent shall be consulted by the Tree Board and his or her consent obtained, in writing, with regard to the placement or removal of street trees on either side of all streets, avenues or ways within the Town of Pawling.
The term of the Tree Board members appointed by the Supervisor with the approval of the Town Board shall be three years, except that the term of two of the members appointed to the first Board shall be for only one year and the term of two members of the first Board shall be for two years. In the event that a vacancy shall occur during the term of any member, his successor shall be appointed for the unexpired portion of the term.
Members of the Board shall serve without compensation.
A. 
It shall be the responsibility of the Board to study, investigate, counsel and develop and/or update annually and administer a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks, along streets and in other public areas. Said plan shall first be referred to the Town Highway Superintendent for his or her approval with regard to the placement and removal of street trees. Such plan will then be presented annually to the Town Board, and, upon their acceptance and approval, shall constitute the official comprehensive Town Tree Plan for the Town of Pawling.
B. 
The Tree Board, when requested by the Town Board, shall consider, investigate, make finding, report and recommend upon any special matter of question coming within the scope of its work.
The Board shall choose its own officers, make its own rules and regulations, and keep a journal of its proceedings. A majority of the members shall be a quorum for the transaction of business.
The following list constitutes the official street tree species for the Town of Pawling. No species other than those included in this list may be planted as street trees without written permission of the Town Tree Board.
Arborvitae
American hophornbeam
Black ash
American hornbeam
White ash
American larch
Bigtooth aspen
Black locust
Quaking aspen
Honey-locust
Basswood
The maples
American beech
Red maple
Black birch
Silver maple
Gray birch
Sugar maple
Paper birch
The oaks
Yellow birch
Black oak
Butternut
Chestnut oak
Black cherry
Northern red oak
Pin cherry
Scarlet oak
American chestnut
White oak
Eastern cottonwood
Eastern white pine
Cucumber tree
Pitch pine
American elm
Red pine
Slippery elm
Eastern redcedar
Balsam fir
Sassafras
Hawthorn
Shadbush
Eastern hemlock
Red spruce
Bitternut hickory
White spruce
Pignut hickory
Sycamore
Shagbark hickory
Tulip tree
Black walnut
Black willow
The spacing of street trees will be in accordance with the three species size classes listed in § 53-8 of this chapter, and no trees may be planted closer together than the following: small trees, 30 feet; medium trees, 40 feet; and large trees, 50 feet; except in special plantings designed or approved by a landscape architect and with approval of the Town of Pawling Town Board.
The distance trees may be planted from curbs or curblines and sidewalks will be in accordance with the three species size classes listed in § 53-8 of this chapter, and no trees may be planted closer to any curb or sidewalk than the following: small trees, two feet; medium trees, three feet; and large trees, four feet.
No street tree shall be planted closer than 35 feet of any street corner, measured from the point nearest the intersecting curbs or curblines. No street tree shall be planted closer than 10 feet from any fireplug.
No street trees other than those species listed as small trees in § 53-8 of this chapter may be planted under or within 10 lateral feet of any overhead utility wire, or over or within five lateral feet of any underground waterline, sewer line, transmission line or other utility.
A. 
Subject to the authority of the Highway Superintendent to maintain public roadways pursuant to the Highway Law, the Town shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds as may be necessary to insure public safety or to preserve or enhance the symmetry and beauty of such public grounds.
B. 
The Tree Board may remove, or cause or order to be removed, any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, waterlines, or other public improvements, or is affected with any injurious fungus, insect or other pest. This section does not prohibit the planting of street trees by adjacent property owners providing that the selection and location of said trees is in accordance with §§ 53-8 through 53-12 of this Chapter 53 of the Town of Pawling Town Code.
It shall be unlawful as a normal practice for any person, firm, or department to top any street tree, park tree, or other tree on public property. "Topping" is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical, may be exempted from this section at the determination of the Town Tree Board.
Every owner of any tree overhanging any street or right-of-way within the Town shall prune the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of eight feet above the surface of the street or sidewalk. Said owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public. The Town shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a streetlight or interferes with visibility of any traffic control device or sign.
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 life and property or harbor insects or disease which constitute a potential threat to other trees within the Town. The Town Tree Board will notify, in writing, the owners of such trees. Removal shall be done by said owners at their own expense within 60 days after the date of service of notice. In the event of failure of owners to comply with such provisions, the Town shall have the authority to remove such trees and charge the cost of removal on the owner's property tax notice.
All stumps of street trees and park trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground.
It shall be unlawful for any person to prevent, delay or interfere with the Town Tree Board, or any of its agents, while engaging in and about the planting, cultivating, mulching, pruning, spraying, or removing of any street trees, park trees, or trees on private grounds, as authorized in this chapter.
It shall be unlawful for any person or firm to engage in the business or occupation of pruning, treating, or replacing trees within the Town without first applying for and procuring a license. The license fee shall be $25 annually in advance; provided, however, that no license shall be required of any public service company or Town employee doing such work in the pursuit of their public service endeavors. Before any license shall be issued, each applicant shall first file evidence of possession of liability insurance in the minimum amounts of $50,000 for bodily injury and $100,000 for property damage indemnifying the Town or any person injured or damaged resulting from the pursuit of such endeavors as herein described.
The Town Board shall have the right to review the conduct, acts and decisions of the Town Tree Board. Any person may appeal from any ruling or order of the Town Tree Board to the Town Board, who may hear the matter and make a final decision.
Any person violating any provision of this chapter shall be, upon conviction or a plea of guilty, subject to a fine not to exceed $250.