SAVING TREES RESPONSIBLY
The following is a resolution to be on the Town Board agenda July 2, 2007.It is from Debbie Bucki to the Town Board and Town Clerk
Resolution - Saving Trees Responsibly
WHEREAS, the surprise snowstorm of October 12-13,2006, caused trees throughout Amherst to lose limbs and otherwise suffer damage; and
WHEREAS, pursuant to current regulations, the Town of Amherst must remove irreparably damaged trees on or before October 12,2007, in order to receive reimbursement from the Federal Emergency Management Agency (FEMA); and
WHEREAS, Senator Charles E. Schumer has requested that FEMA extend this deadline for reimbursement, in order to ascertain whether damaged trees may survive; and
WHEREAS, extension of the deadline would accord with the will ofthe Amherst Town Board; and
WHEREAS, if the Town of Amherst cannot secure an extension of FEMA' s deadline for reimbursement for removal of damaged trees, the Town must timely pursue such removal in a fashion that is fiscally responsible, but that also provides maximum opportunity for trees to survIve;
NOW, THEREFORE, BE IT RESOLVED that the Town of Amherst requests that FEMA extend by one year its deadline for reimbursement for removal of Amherst trees damaged by the snowstorm of October 12-13, 2006; and
BE IT FURTHER RESOLVED that, if the Town of Amherst procures such an extension, the Amherst Highway Department shall not remove any such trees until the summer of 2008, at the earliest; and
BE IT FURTHER RESOLVED that, if the Town of Amherst does not procure such an extension on or before July 15, 2007, the Town shall implement a procedure that incorporates the following elements:
1. On or before July 20, 2007, the Town shall advertise in the Amherst Beethe opportunity for any person or business entity that owns property in the Town of Amherst to "adopt a tree" slated for removal as a result of damage wrought by the snowstorm of October 12-13, 2006.
2. Any person or business entity that wishes to adopt one or more trees shall notify the Town of Amherst of such intent by filing with the Town Clerk on or before August 1, 2007, a written notice, on a form to be drafted by the Town Attorney, that identifies such tree(s) with particularity.
3. On or before August 31,.2007, any person or agent of a business entity that has filed requisite notice to adopt a tree shall sign a legally binding document, to be prepared by the Town Attorney, by which the adopting person or business entity agent agrees to be assessed the cost of the tree's removal (including grinding and removal of the remaining stump), (i) if an arborist retained by the Town finds on or before December 31, 2009, that the tree has died; and (ii) if FEMA has not extended on or before August 31, 2007, its October 12, 2007, deadline for reimbursement of tree removal.
4. In no event shall the Amherst Highway Department remove any tree damaged by the snowstorm of October 12-13, 2006, on or before August 31, 2007, unless the tree poses an immediate hazard to persons or property.
5. If FEMA extends its deadline for reimbursement of tree removal on or before August 31, 2007, in no event shall the Amherst Highway Department remove before the summer of 2008 any tree damaged by the snowstorm of October 12-13, 2006.
6. On or before August 31, 2007, a certified arborist retained by the Town shall examine every tree damaged by the snowstorm of October 12-13, 2006, and previously marked for potential removal. On or before October 12, 2007, the Town of Amherst shall remove any tree identified by such arborist as not having any reasonable chance for survival beyond 2007.