Town of West Seneca Municipal Open Space and Greenway Project

The goal of the Open Space and Greenway Project is to analyze opportunities for municipal open space and greenway protection through a public process.

  Environmental Commission of the Town of West Seneca

Chapter § 10-1. of the Town Code of the Town of West Seneca - Legislative intent

A.    The preservation and improvement of the quality of the natural and man-made environment within the Town of West Seneca, in the face of population growth, urbanization and technologic change with their accompanying demand on natural resources, is found to be of increasing and vital importance to the health, welfare and economic well-being of present and future inhabitants and requires forthright action by the governing body of the Town of West Seneca.

B.    It is recognized that the biologic integrity of the natural environment on which man is dependent for survival and the natural and functional beauty of our surroundings which condition the quality of our life experience cannot be protected without the full cooperation and participation of all the people of the Town of West Seneca working in partnership with local and state officials and with various public and private institutions, agencies and organizations. Establishment of a commission for conservation of the environment is a necessary step in a fostering unified action on environmental problems.

Chapter § 10-2. Establishment of Commission

The Town Board of the Town of West Seneca hereby creates a commission which shall be known as the "Town of West Seneca Commission for the Conservation of the Environment," hereinafter called the "Commission."

Chapter § 10-3. Membership

A.    The Commission shall consist of nine (9) members, of which nine (9) shall be appointed by the Town Board and shall serve at the pleasure of the Town Board, and the remainder shall be ex officio members as provided herein. Persons residing in the Town of West Seneca who are interested in the improvement and preservation of environmental quality shall be eligible for appointment as a member of the Commission. Vacancies on the Commission shall be filled in the same manner as the original appointment, except that a vacancy occurring other than by the expiration of term of office shall be filled only for the remainder of the unexpired term.

B.    The membership of the Commission shall be diversified to take into account the many different opinions on the environment throughout West Seneca, with at least one (1) member between the age of sixteen (16) and twenty-one (21) but not more than two (2) members between the age of sixteen (16) and twenty-one (21).

C.    The terms of members on the Commission shall be staggered with the first three (3) members appointed to a term of one (1) year, the next four (4) members appointed to a term of two (2) years, the eighth member appointed for a term of one (1) year, and the ninth member appointed for a term of two (2) years. Upon the expiration of each term, the successor appointee shall be appointed for a full two-year term.

D.    The Town Board, Chairman of the Planning Board, Planning Director, Recreation Director, Chairman of the Recreation Commission, Town Attorney and other officials that may be hereafter designated by the Town Board shall be ex officio members of the Commission.

Chapter § 10-4. Officers and meetings

Chapter § 10-5. Powers and duties of Commission

A.    Advise the Town Board on matters affecting the preservation, development and use of the natural and man-made features and conditions of the town insofar as beauty, quality, biologic integrity and other environmental factors are concerned and, in the case of man's activities and developments, with regard to any major threats posed to environmental quality so as to enhance the long-range value of the environment to the people of the town.

B.    Develop and, after receiving general approval by resolution of the Town Board, conduct a program of continuing public information in the community which shall be designed to foster increased understanding of the nature of environmental problems and issues and support their solutions.

C.    Conduct studies, surveys and inventories of the natural and man-made features within the Town of West Seneca and such other studies and surveys as may be necessary to carry out the general purposes of this local law.

D.    Maintain an up-to-date inventory or index of all open spaces in public or private ownership within the municipality, including but not limited to natural landmarks, glacial and other geomorphic or physiographic features, streams and their floodplains, swamps, marshlands and other wetlands, unique biotic communities, scenic and other open areas of natural or ecological value, and of the ownership, present use and proposed use of such open areas, so as to provide a base of information for recommendations by the Commission for their preservation and use.

E.    Seek to coordinate, assist and unify the efforts of municipal agencies or departments and those of private groups, institutions or individuals within the Town of West Seneca in accord with the purposes of this local law.

F.    Maintain liaison and communications with public and private agencies and organizations of local, state and national scope whose programs and activities have an impact on the quality of the environment or who can be of assistance to the Commission.

G.    Working in cooperation with the Planning Board, recommend from time to time to the Town Board features, plans and programs relating to environmental improvement for inclusion in the Master Plan of the Town of West Seneca, and, similarly, recommend to the Town Board appropriate and desirable changes in existing local laws and ordinances relating to environmental control or recommend new local laws or ordinances.

H.    Prepare, print and distribute books, maps, charts and pamphlets in accord with the purposes of this local law.

I.    Obtain and maintain in orderly fashion maps, reports, books and other publications to support the necessary researches of the Commission into local environmental conditions.

J.    When authorized by resolution of the Town Board of the Town of West Seneca, the Commission may accept, by gift, grant, devise, bequest or otherwise, property both real and personal in the name of the Town of West Seneca as may be necessary to conserve and otherwise properly utilize open spaces and other land and water resources within the boundaries of the Town of West Seneca. Such real property may be accepted in fee for land and water rights or as any other lesser interest, development right, and easement, including conservation easement, covenant or other contractual right, including conveyance with limitations or reversions.

K.    Carry out such other duties as may be assigned from time to time by the Town Board.

L.    Hold meetings as its demands require but not less than once per calendar year.

Chapter § 10-6. Reports.

The Commission shall submit an annual report to the Town Board not later than the first day of April of each year, concerning the activities and work of the Commission, and from time to time shall submit such reports and recommendations as may be necessary to fulfill the purposes of this local law.

Chapter § 10-7. Compensation and expenses.

The members of the Commission, including ex officio members, shall receive no compensation for their services as members thereof, but may be reimbursed for reasonable and necessary expenses incurred in the performance of their duties within the appropriations made available therefore.

  Tree Ordinance for the Town of West Seneca

Chapter § 110-1. Legislative intent

It is the purpose and intent of this chapter to:

Protect and promote the public health, safety and general welfare by requiring the preservation and protection of trees on public and private property within the town; prevent the unnecessary clearing, destruction and disturbance of trees on public and private property within the town; establish minimum standards and criteria for the limitation of the removal of trees on public and private property within the town; establish minimum standards and criteria to ensure the replacement of trees removed from public and private property within the town; reduce flooding; reduce water pollution; reduce effects of wind and air turbulence; reduce visual pollution; reduce sound pollution; reduce soil erosion; reduce levels of carbon dioxide and return oxygen to atmosphere; increased groundwater supply; provide shade; provide habitat for wildlife; conserve and protect property values and otherwise facilitate the creation of a convenient, attractive and harmonious community; and generally preserve and safeguard the ecological, economic and aesthetic environment.

Chapter § 110-2. Definitions

As used in this chapter, the following terms shall have the meanings indicated:

STREET TREES — All trees, shrubs, bushes and all woody vegetation on land located between property lines on either side of all public streets, highways or rights-of-way within the town.

PARK TREES — All trees located in town parks and all other areas owned by the town.

TOPPING — The severe cutting back of limbs to stubs larger than three inches in diameter within the tree’s crown to such a degree so as to remove the normal canopy and disfigure the tree.

TREES — Any woody perennial plant (deciduous or coniferous) usually having a single main stem generally with few or no branches on its lower part.

Chapter § 110-3. Tree care and preservation

The Superintendent of Buildings and Grounds or the Town Board designee shall have the right to prune, treat, maintain and preserve any park trees as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of parks.

Chapter § 110-4. Pruning; corner clearance

A. Every owner of any tree overhanging any street or right-of-way within the town shall prune the branches of said tree so that such branches shall not obstruct the view of any street intersection and so that there shall be a clear space of 13 feet above the street and eight feet above the sidewalk. Said owners upon notice by the town shall remove all dead, diseased or dangerous trees or broken or decayed limbs which constitute a danger and menace to the safety of the public.

B. The Highway Superintendent 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 street light or interferes with visibility of any traffic control device or sign.

Chapter § 110-5. Tree removal on public property

It shall be unlawful for any person or firm, except as set forth in this chapter, to cut down or to top any street tree, park tree or other tree, shrubs, bushes and woody vegetation on public property. Trees severely damaged by storms, or other causes, or trees under utility wires or other obstructions where other pruning practices are impractical may be topped by the order of the Highway Superintendent.

Chapter § 110-6. Dead or diseased tree removal on private property

The Highway Superintendent 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 public life and property or harbor insects or disease which constitutes a potential threat to other trees within the town on private property. The Highway Superintendent 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 Highway Superintendent shall have the authority to remove such trees and charge the cost of removal on the owner's property tax notice. Where the town is required to remove a tree for waterway maintenance purposes, the cost shall not be charged to the owner of the property.

Chapter § 110-7. Interference with Highway Superintendent prohibited

It shall be unlawful for any person to prevent, delay, obstruct or interfere with the Highway Superintendent, or any of his agents or employees, while engaging in the maintenance or removal of any street trees, park trees or trees on private property, as authorized in this chapter.

Chapter § 110-8. Tree removal permit required.

Subject to the exceptions of § 110-9, it shall be unlawful for any person to cut down, kill or otherwise destroy any tree having a caliper greater than four inches measured six inches above grade, growing on privately owned land within the town, without a tree removal permit issued by the Building Inspector. No one shall cut down, kill or otherwise destroy any street tree or park tree without the permission of the Superintendent of Buildings and Grounds or the Town Board designee.

  Pesticide Use in the Town of West Seneca

Chapter § 88-1. Legislative intent

In consideration of the potential hazards associated with the use of pesticides, the Town of West Seneca deems it prudent to employ pest-control strategies that are the least hazardous to human health, safety and the environment and adopt an integrated pest-management program that places first priority on the utilization of nonchemical management practices; and there is a national effort by local governments to reduce and eventually eliminate the use of pesticides hazardous to human health, safety and the environment; and this chapter shall apply solely to the actions of the town or its contractors or subcontractors; and although the Town of West Seneca government is not the biggest user of pesticides in the town, nonetheless it is in a unique position to provide leadership and to be a model for demonstrating pesticide use reduction.

§ 88-2. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

ANTIMICROBIAL PESTICIDE — A pesticide as defined by 7 U.S.C. 136 (mm).

PEST — Any insect, rodent, fungus, weed, virus, bacteria or other microorganism (except viruses, bacteria or other microorganisms on or in living persons or other living animals), that the Commissioner of the New York State Department of Environmental Conservation declares to be a pest.

PESTICIDE — Any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any pest and any substance or mixture of substances intended for use as a plant regulator, defoliator or desiccant registered as such by the United States Environmental Protection Agency and/or the New York State Department of Environmental Conservation.