Responding to complaints from dozens of homeowners about a tree-clearing program, the Orangetown Town Board took action last night. The board passed a resolution asking the state’s Public Service Commission to stop removing trees from transmission right-of ways until there is a full public review of the program. The board also asks Orange & Rockland Utilities to provide a restitution plan, remove tree debris left after clear cutting, and to replace trees with more compatible species.

Clarkstown and the Rockland County Legislature are expected to pass similar measures tonight.

Here is the full resolution passed by the Orangetown board:

RESOLUTION NO. 246 RESOLUTION OF THE TOWN BOARD OF THE TOWN OF ORANGETOWN, RELATING TO ORANGE & ROCKLAND UTILITIES’ IMPLEMENTATION OF THE N.Y.S. PUBLIC SERVICE COMMISSION’S ‘ENHANCED TRANSMISSION RIGHT-OF-WAY MANAGEMENT PRACTICE’ RULES

Councilman Troy offered the following resolution, which was seconded by Councilwoman Low-Hogan and was unanimously adopted:

WHEREAS, the Town Board has received numerous complaints from property owners on whose property, or adjacent to whose property, Orange & Rockland Utilities, Inc. (’Orange & Rockland ‘) has an easement for the erection and maintenance of high voltage towers and wires, concerning the cutting / removal of trees thereon by Orange & Rockland and/or by a contractor hired by Orange & Rockland for that purpose; and

WHEREAS, the Town Board is aware of complaints made to the other Towns and Villages within and throughout Rockland County where similar such work has been, or is being, performed; and

WHEREAS, the Town Board has had the opportunity to view the properties within the Town thus far affected by Orange & Rockland’s recent activities; and

WHEREAS, the Town Board is aware that Orange & Rockland claims that its tree clearing activities are mandated by the rules recently adopted by the N.Y.S. Public Service Commission (’PSC’), ‘Requiring Enhanced Transmission Right-of-Way Management Practices By Electric Utilities,’ issued and effective June 20, 2005; and

WHEREAS, the Town Board is of the view that, given the size and location of many of the trees being removed, they do not now, nor, in the future, are they likely to reach or otherwise interfere with the Orange & Rockland’s transmission assets; and

WHEREAS, the Town Board believes that either or both (1) the PSC’s rules, to the extent they actually mandate the ’scorched earth’ practice being employed by Orange & Rockland, far exceed those steps reasonably required to protect Orange & Rockland’s wires and other structures, and the legitimate public interest in maintaining an uninterrupted flow of power to, and throughout, the region; or (2) Orange & Rockland’s interpretation of the management practices actually mandated by the PSC misconstrues the tree clearing practices authorized and required by the latter’s rules; and

WHEREAS, the Town Board believes that the manner in which the PSC’s rules have been, and are being, implemented in Rockland’s densely populated suburban communities violates the real property rights of the immediately affected property owners, and otherwise adversely affects the legitimate land use interests of the Town, resulting in unsightly visual impacts, unnecessary and uncontrolled erosion, and the virtual decimation of carefully planned and considered buffers,

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Orangetown calls upon the N.Y.S. Public Service Commission to direct Orange & Rockland Utilities to immediately cease its enhanced right-of-way management practices, as currently being implemented, and to refrain from the further removal of any trees within its high voltage power transmission rights-of-way, other than those that are determined to be diseased and dying, or which otherwise would actually come into physical contact with any towers, wires or other structures were they to fall, until such time as there has been a full, open public examination by the PSC, within the communities affected, as to the conditions that exist, and the management steps required to be taken, to ensure the reliable transmission of power throughout the state and region; and

BE IT FURTHER RESOLVED, that Orange & Rockland Utilities should further be directed to implement a restitution plan, a proper plan of notification of future work, a management plan that requires it to properly remove and dispose of all debris generated by its clearing and/or cutting activities, including but not limited to the remnants of any tree cut or cleared from its easements or other right-of-ways, as well as to develop a replanting plan, replacing any tree removed as undesirable with a more desirable and compatible species. Such replanting plan should apply both going forward and, as well, to those areas already affected by Orange & Rockland’s clearing activities; and

BE IT FURTHER RESOLVED, that the Town Clerk is hereby directed to forward a copy of this Resolution, along with a tape of the proceedings before this Board, to the Chairman of the N.Y.S. Public Service Commission, the Chairman of the Board of Consolidated Edison Company of New York, Inc., the Chairman of the Board and Chief Executive Officer of Orange & Rockland Utilities, the Commissioner of the New York State Department of Environmental Conservation (with particular reference made to erosion control), State Senator Thomas Morahan and State Assemblywoman Ellen Jaffee.