Public Hearing - Street Trees

LEGAL NOTICE

NOTICE OF PUBLIC HEARING

 

NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 3rd day of July, 2018, a Local Law entitled “A Local Law in relation to Amendments to Chapter 161, Street Trees” and


NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the   14th day of August, 2018 at 4:31 p.m. at which time all interested persons will be given an opportunity to be heard.


The proposed Local Law entitled, “A Local Law in relation to Amendments to Chapter 161, Street Trees” reads as follows:


LOCAL LAW NO.      2018


A Local Law entitled, “A Local Law in relation to Amendments to Chapter 161, Street Trees”.


BE IT ENACTED by the Town Board of the Town of Southold as follows:


I.          Purpose.

      To allow for more flexibility in the authorizing of trees to be planted and to clarify the

      role of the town engineer in the process.

 

II.        Chapter 161 of the Code of the Town of Southold are hereby amended as follows:


§ 161-44 Street trees.


Prior to planting, the Planning Board shall be notified as to a time and place where the trees may be inspected. Any trees that are deemed to be unacceptable, which have been planted without proper notification, will be subject to rejection and removal. On large subdivisions with multiple streets, serious consideration shall be given to planting more than one species of tree.


A.    All trees shall be of freshly dug nursery stock and shall have grown for a period of at least two years, under the same climatic conditions as the location of the development. They shall be of symmetrical growth, sound, healthy, free from insect pests, disease and suitable for street trees. The average trunk diameter at a height of four inches above the finished ground level shall be a minimum of 2 1/2 inches to three inches, depending on good practice, with reference to the particular species to be planted.


B.    Trees shall be planted at intervals of 30 feet to 40 feet depending on the species, and the trees shall be located five feet outside the right-of-way on private property. The street trees shall be planted on both sides of the street and the spacing and locations of all trees shall be approved by the Superintendent of Highways and the Planning Board. In order to provide visibility for traffic safety, no trees shall be planted within a minimum length of 20 feet from the ends of the right-of-way curve radius at intersections. [Amended 12-12-1995]


C.    Planting. The size of tree pits shall be as follows: Depths of all pits shall not be less than three feet. In no case shall the distance from the ball to the side of the pit be less than six inches. All pits shall have vertical sides unless otherwise directed. The soil shall be made loose and friable for a depth of one foot below the bottom of all pits.


D.    Where, in the opinion of the Town Engineer, the subgrade material is unsuitable, the size of the pits shall be dug wider and deeper than normally required. The bottom and sides shall be backfilled with topsoil and thoroughly worked into place.


E.     Backfill for tree pits shall consist of topsoil and manure mixed in the proportions of 75% topsoil and 25% manure. Trees shall be handled so that the ball will not be loosened. After the backfill has been firmed under the ball and around it in six-inch to eight-inch lifts, it shall be thoroughly settled with water.


F.     Staking of trees shall be done immediately after planting and maintained until final acceptance. Trees shall stand plumb after staking and shall be supported by two stakes, eight feet or more in length, driven into the ground for three feet and fastened securely with double strand No. 12 steel wire through reinforced black rubber hose at the trees.


G.    Trees shall be wrapped with new six-inch plain burlap bandage when directed by the Town Engineer. The bandage, when used, shall cover the entire surface of the trunk to the height of the first branches.


H.    Pruning of any badly bruised or broken branches shall be done as directed and the cuts painted with an approved tree paint depending on the size of the cuts. All trees shall be sprayed with an approved antidessiccant, using a power spray to apply an adequate film over trunks, branches and/or over the foliage when directed by the Town Engineer.


I.      At the time of planting, the soil around the trees shall be thoroughly saturated with water and as many times thereafter as seasonable conditions require during the period to final acceptance.


J.      Trees shall be planted from March 1 to May 1 and from October 15 to December 1, or at such other times as the Town Engineer may direct.


K.    Only the following species and varieties for street trees contained in a list adopted by the Town Board by resolution based upon recommendation of the Tree Committee shall be are acceptable for planting.:

 

Scientific Name

Common Name

Spacing  (feet) 

 

Acer platanoides

Norway maple

40

 

Acer saccharum

Sugar maple

40

 

Fraxinus americana

White ash

30

 

Fraxinus pennsylvanica lanceolatus

Green ash

40

 

Gleditsia triacanthos

Honey locust

30

 

Gleditsia triacanthos inermis

Moraine honey locust

30

 

Quercus borealis

Red oak

40

 

Quercus palustris

Pin oak

40

 

Tilia cordata

Little-leaf linden

30

 

Tilia tomentosa

Silver linden

30

 

III.       SEVERABILITY

If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.

 

IV.       EFFECTIVE DATE

This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law.


Dated:  July 3, 2018                                                    BY THE ORDER OF THE

                                                                                    SOUTHOLD TOWN BOARD

                                                                                    Elizabeth A. Neville

                                                                                    Southold Town Clerk


PLEASE PUBLISH IN THE AUGUST 9, 2018 EDITION OF THE SUFFOLK TIMES AND PROVIDE ONE (1) AFFIDAVIT OF PUBLICATION TO THE SOUTHOLD TOWN CLERK’S OFFICE, PO BOX 1179, SOUTHOLD, NY  11971.