State Codes and Statutes

Statutes > New-york > Gmu > Article-5 > 96-b

§  96-b. Tree conservation. 1. The legislature hereby finds that there  is a direct relationship between  the  planting  of  trees,  shrubs  and  associated  vegetation  in  sufficient number in populated areas and the  health, safety, and welfare  of  communities,  and  as  related  to  the  natural,  scenic,  and  aesthetic  values  of trees and the physical and  visual qualities of the environment which municipalities are  authorized  to protect. Trees and such vegetation abate noise, provide welcome shade  to  people, preserve the balance of oxygen in the air by removing carbon  dioxide and fostering air quality, and add color and  verdure  to  human  construction.  They  also stabilize the soil and control water pollution  by  preventing   soil   erosion   and   flooding,   yield   advantageous  microclimatic  effects, and provide a natural habitat for wildlife.  The  destructive and indiscriminate removal of trees and  related  vegetation  causes  increased  municipal  costs for proper drainage control, impairs  the benefits of occupancy of existing residential properties and impairs  the stability and value of both improved and unimproved real property in  the area of destruction, and adversely affects the health,  safety,  and  general welfare of the inhabitants of the state.    2. In addition to any power or authority of a municipal corporation to  regulate  by planning or zoning laws or regulations or by local laws and  regulations, the local legislative body of any  county,  city,  town  or  village   is   hereby  empowered  to  provide  for  the  protection  and  conservation of trees and related vegetation.  Such legislative body may  require appropriate conditions applicable to any activity involving  the  removal  or  destruction of trees or the substantial alteration of grade  level around trees may include, where appropriate, requirements that the  activity be done as specified in an approved landscape plan and that the  removed trees be replaced by the  planting  of  the  same  or  alternate  species  of  trees,  and  may provide, in connection therewith, required  plantings for screening purposes. Such regulations,  special  conditions  and  restrictions, adopted in the exercise of the police power, shall be  reasonable and appropriate to the purpose.  The municipality may require  the posting of  a  performance  bond  to  assure  compliance  with  this  section.  All charges and expenses incurred under this section by a town  shall be a charge upon the taxable property of that  part  of  the  town  outside any incorporated village.

State Codes and Statutes

Statutes > New-york > Gmu > Article-5 > 96-b

§  96-b. Tree conservation. 1. The legislature hereby finds that there  is a direct relationship between  the  planting  of  trees,  shrubs  and  associated  vegetation  in  sufficient number in populated areas and the  health, safety, and welfare  of  communities,  and  as  related  to  the  natural,  scenic,  and  aesthetic  values  of trees and the physical and  visual qualities of the environment which municipalities are  authorized  to protect. Trees and such vegetation abate noise, provide welcome shade  to  people, preserve the balance of oxygen in the air by removing carbon  dioxide and fostering air quality, and add color and  verdure  to  human  construction.  They  also stabilize the soil and control water pollution  by  preventing   soil   erosion   and   flooding,   yield   advantageous  microclimatic  effects, and provide a natural habitat for wildlife.  The  destructive and indiscriminate removal of trees and  related  vegetation  causes  increased  municipal  costs for proper drainage control, impairs  the benefits of occupancy of existing residential properties and impairs  the stability and value of both improved and unimproved real property in  the area of destruction, and adversely affects the health,  safety,  and  general welfare of the inhabitants of the state.    2. In addition to any power or authority of a municipal corporation to  regulate  by planning or zoning laws or regulations or by local laws and  regulations, the local legislative body of any  county,  city,  town  or  village   is   hereby  empowered  to  provide  for  the  protection  and  conservation of trees and related vegetation.  Such legislative body may  require appropriate conditions applicable to any activity involving  the  removal  or  destruction of trees or the substantial alteration of grade  level around trees may include, where appropriate, requirements that the  activity be done as specified in an approved landscape plan and that the  removed trees be replaced by the  planting  of  the  same  or  alternate  species  of  trees,  and  may provide, in connection therewith, required  plantings for screening purposes. Such regulations,  special  conditions  and  restrictions, adopted in the exercise of the police power, shall be  reasonable and appropriate to the purpose.  The municipality may require  the posting of  a  performance  bond  to  assure  compliance  with  this  section.  All charges and expenses incurred under this section by a town  shall be a charge upon the taxable property of that  part  of  the  town  outside any incorporated village.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Gmu > Article-5 > 96-b

§  96-b. Tree conservation. 1. The legislature hereby finds that there  is a direct relationship between  the  planting  of  trees,  shrubs  and  associated  vegetation  in  sufficient number in populated areas and the  health, safety, and welfare  of  communities,  and  as  related  to  the  natural,  scenic,  and  aesthetic  values  of trees and the physical and  visual qualities of the environment which municipalities are  authorized  to protect. Trees and such vegetation abate noise, provide welcome shade  to  people, preserve the balance of oxygen in the air by removing carbon  dioxide and fostering air quality, and add color and  verdure  to  human  construction.  They  also stabilize the soil and control water pollution  by  preventing   soil   erosion   and   flooding,   yield   advantageous  microclimatic  effects, and provide a natural habitat for wildlife.  The  destructive and indiscriminate removal of trees and  related  vegetation  causes  increased  municipal  costs for proper drainage control, impairs  the benefits of occupancy of existing residential properties and impairs  the stability and value of both improved and unimproved real property in  the area of destruction, and adversely affects the health,  safety,  and  general welfare of the inhabitants of the state.    2. In addition to any power or authority of a municipal corporation to  regulate  by planning or zoning laws or regulations or by local laws and  regulations, the local legislative body of any  county,  city,  town  or  village   is   hereby  empowered  to  provide  for  the  protection  and  conservation of trees and related vegetation.  Such legislative body may  require appropriate conditions applicable to any activity involving  the  removal  or  destruction of trees or the substantial alteration of grade  level around trees may include, where appropriate, requirements that the  activity be done as specified in an approved landscape plan and that the  removed trees be replaced by the  planting  of  the  same  or  alternate  species  of  trees,  and  may provide, in connection therewith, required  plantings for screening purposes. Such regulations,  special  conditions  and  restrictions, adopted in the exercise of the police power, shall be  reasonable and appropriate to the purpose.  The municipality may require  the posting of  a  performance  bond  to  assure  compliance  with  this  section.  All charges and expenses incurred under this section by a town  shall be a charge upon the taxable property of that  part  of  the  town  outside any incorporated village.