Tree Ordinance

What is the purpose of the Tree Ordinance?
Whose responsibility is it to care for trees?
What is the ordinance for Tree Removal?

What is the purpose of the Pesticide Ordinance?

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.