[HISTORY: Adopted by the Town Board of the Town of Rosendale 4-10-1974 by L.L. No. 1-1974. Amendments noted where applicable.]
It shall be the policy of the Town of Rosendale, New York, that the trees along the streets and roads in said Town or any portion thereof are, in many cases, important public assets to be maintained and preserved to the maximum possible degree. It is recognized that such trees represent an aesthetic value to the Town that is immeasurable, and the sole judges of which trees fall under this designation are the residents of said Town.
As used in this chapter, the following terms shall have the meanings indicated:
- To injure, kill or remove by cutting, burning, poisoning or any other method resulting in damage or destruction to the tree or parts thereof.
- PUBLIC UTILITY
- A business enterprise, its agents, employees or subcontractors, which performs an essential public service and is regulated by federal, state or county government, e.g., electric, telephone and cable television companies.
- Shade and ornamental trees now located or which may hereafter be planted in the Town of Rosendale, except those located or planted on county and state highways.
There shall be no tree trimming or destroying operations in the Town of Rosendale by public utilities except when a permit has been issued by the Town Board or its designee or when a service outage demands immediate emergency action to restore the service.
A public utility shall file a permit application in duplicate with the Building Inspector. This application shall contain the following information:
The purpose or need for the destruction or trimming of the trees in question. Such information must be detailed and specific and the need sufficiently demonstrated to the satisfaction of the Building Inspector of the Town of Rosendale and/or the Environmental Commission of the Town of Rosendale. An appeal from the Building Inspector's ruling based on need and purpose shall be made to the Town Board which thereafter shall have sole and final judgment in the matter. Approval of the trimming or destroying operations may not be arbitrarily withheld.
The measurement in inches of the diameter taken at the standard breast height (4 1/2 feet above the ground) of the trees to be trimmed or destroyed.
The location of such trees.
Methods of trimming or destroying.
Statement attesting that the operation is planned in such a way as to minimize damage to adjacent trees and other plants.
For violation of these regulations, the offending public utility shall be fined $100 per tree trimmed or destroyed.
A fee of $5 shall be charged for each permit.