[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.
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:
A.
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.
B.
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.
C.
The location of such trees.
D.
Methods of trimming or destroying.
E.
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.
