[HISTORY: Adopted by the Town Board of the Town of Lewisboro 4-12-2021 by L.L. No.
3-2021.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 203,
Trees, adopted 12-14-1976 by L.L. No. 3-1976, as amended.
As a community of striking natural beauty, with a long tradition
of environmental awareness and protection in northeastern Westchester
County, the Town of Lewisboro recognizes the inherent value and necessity
of preserving and protecting trees in our overwhelmingly residential
community. These include the absorption and storage of carbon dioxide
and polluting particulates, protection of natural wetlands and drinking
water, as well as reduction of storm runoff and erosion on steep slopes.
As such, these benefits are both essential and self-evident. However,
as a community, we also acknowledge the need to balance the preservation
and protection of trees against the rights of individual homeowners
and residents to use, enjoy and protect their properties, while being
free of unduly burdensome governmental interference and restrictions.
As such, the Town of Lewisboro, in an effort to protect the health,
safety and welfare of its citizens, finds it necessary to regulate
the removal of trees in furtherance of the balance of the interests
of preservation and conservation with the rights of property owners,
as well as to expressly prohibit the clear-cutting of trees on all
residential properties, of whatever lot size, as defined herein.
As used in this chapter, the following terms shall have the
meanings indicated:
The activity of an active farm, including grazing and watering
livestock, irrigating crops, harvesting crops, and using the land
for growing agricultural products, but shall not include the operation
of a dude ranch or similar operation, or the construction of new structures
associated with agricultural activities, or cutting timber for sale.
The cutting down and/or removal of live trees from any residential
property within the Town of Lewisboro in the absence of any visible
evidence of one or more of the following circumstances:
A.
Such tree being dead, diseased, and/or in a state of irreversible
decline or decay, as determined by a professional arborist (or other
licensed tree service professional retained by the property owner
or resident); or
B.
DEAD TREE
DIAMETER AT BREAST HEIGHT (DBH)
INVASIVE SPECIES
SPECIMEN TREE
TREE
TREE REMOVAL
Posing a substantial risk of endangering life or property if any
such tree or trees are not cut down and/or removed from the residential
property in question.
A tree that is lifeless. Evidence of lifelessness may include
unseasonable lack of foliage, brittle dry branches, or lack of any
growth during the growing season.
A standard measurement of trees made at 4 1/2 feet above
ground level on the uphill side.
A species, not native to an ecosystem, whose introduction
does or is likely to cause economic or environmental harm or harm
to human health.
A tree with a dbh of 18 inches or larger, and small native
or ornamental flowering trees with a dbh of eight inches or larger.
Any self-supporting woody plant with an erect perennial trunk
or multiple trunks which are, in combination, with a sum of six inches
dbh.
Any human act which causes a tree to die.
A.
The Town Board will designate an approving authority to administer
and enforce this chapter. The approving authority may be any individual
duly appointed by resolution of the Town Board, including a licensed/certified
arborist and/or the Town Building Inspector. Any approving authority
shall seek the advice and recommendation of the Wetlands Inspector
or any licensed/certified arborist engaged by the Town Board (as may
be applicable) for purposes of reviewing any application seeking issuance
of a permit pursuant to the chapter.
B.
The approving authority shall:
(1)
Consult with any other experts as deemed necessary, including but not limited to the individuals set forth in Subsection A above as required to administer this chapter.
(2)
Receive and keep accurate records of tree removal permit applications.
(3)
Inspect the trees described in each application based on standards
for granting permits described herein, both before and after removal
takes place.
(4)
Approve, with conditions, or deny tree removal permit applications
according to the standards in this chapter, giving reasons for denial
and specifying any conditions for such tree removal as specified below.
(5)
Carry out such related duties as may be specified from time to time
by the Town Board.
A.
A tree removal permit shall be required prior to removal of any of
the following on the homeowner's property:
(1)
Any tree within any wetland or wetland buffer as defined in Chapter 217 of the Code of the Town of Lewisboro.
(2)
Any tree on a slope exceeding a grade of 15%.
(3)
Any tree removal which would be considered clear-cutting as defined
within this chapter.
(4)
Any specimen tree.
(5)
Any tree designated by the New York State Department of Environmental
Conservation ("NYSDEC") as a protected native plant.
B.
Exceptions. No tree removal permit is required for the removal of
any of the following on the owner's property:
(1)
Tree removal from any residential property within the Town of Lewisboro
which involves, or concerns, a tree (or trees) located within sufficient
proximity of a dwelling (up to a maximum of 100 feet) that it would
reach the dwelling if it were to fall due to natural causes.
(2)
Tree removal of any tree which is dead, diseased, and/or in a state
of irreversible decline or decay, as determined by a professional
arborist (or other licensed tree service professional retained by
the property owner or resident) or which is otherwise posing a substantial
risk of endangering life or property if any such tree or trees are
not cut down and/or removed from the residential property in question.
(3)
Tree removal in connection with the construction, reconstruction,
enlargement, moving or structural alteration of a building or other
structure, including construction and installation of site improvements
related thereto, for which an application for a building permit shall
have been approved by the Building Inspector.
(4)
The removal of a maximum of no more than three trees, of any kind, type or diameter from any portion of any residential property within a calendar year which do not otherwise require a permit under § 203-4A herein. The foregoing quantity shall be exclusive of any tree removal as allowed defined in Subsection A(1), (2) and (3) herein as well as tree removal as necessary to control forest fires during such fires.
(5)
Tree removal as necessary to maintain Town, county, state or utility
rights-of-way, provided that such removal is conducted according to
lawful easements, statutory requirements and/or franchise agreements.
(6)
Tree removal directed by the NYSDEC for control of invasive species
or pest control, provided that the agency files with the approving
authority a plan showing the areas of removal before commencing such
operations, except when required emergency removal makes such filing
impractical.
(7)
Tree removal which is part of a forest management plan that has been
filed and approved by the NYSDEC or any other agency having jurisdiction.
(8)
Trees that are removed to enable agricultural activity as defined
in this chapter.
C.
Standards of review. In making its determination to grant, deny or
grant with conditions a tree removal permit under this chapter, the
approving authority shall consider the following factors:
(1)
Whether the removal will have a significant adverse impact on ecological
systems, including erosion potential and wildlife habitat.
(2)
Whether the removal will have a significant adverse impact on other
properties or roadways, including an impact on screening or drainage.
(3)
Whether removal of a tree on a steep slope or very steep slope is
likely to impact the stability or runoff from that slope and have
an adverse impact on stormwater pollution or require additional stormwater
management practices.
(4)
Whether the tree is a specimen tree and, in the discretion of the
approving authority, alternatives exist that would achieve the objectives
of the applicant without removal of the specimen tree.
(5)
Whether the tree is designated by the NYSDEC as a protected native
plant.
(6)
Whether possible or practicable alternatives exist.
(7)
Whether a replacement tree plan is provided.
D.
Approvals granted by the Planning Board shall be deemed tree removal
permits when tree removal or preservation is specifically proposed
in conjunction with an approval application submitted to such agencies.
These agencies shall apply the criteria, procedures and standards
of this chapter and shall consider how tree removal might be reduced
by changes to the application being considered. The opinion of the
CAC and the approving authority may be sought to assist such agencies
in their determinations. These agencies shall record on their determinations
the specific tree removal and remediation which they approve.
A.
Except when tree removal is being proposed as part of an application
to the Planning Board, the applicant shall file with the approval
authority three copies of a tree removal permit application in the
form required by the approval authority. The application shall include:
(1)
Name and address of the applicant.
(2)
Name and address of the property owner, if different.
(3)
Address and Town Tax Map designation of the property.
(4)
Purpose of tree removal.
(5)
Color photographs showing the areas and environment where trees are
proposed to be removed, with sufficient detail to identify the remaining
trees in the area after the work is completed.
(6)
A sketch (or survey to be submitted by the applicant if subdivision
or site plan is involved) of the boundaries of subject property and
that section to be disturbed, showing the number, location and common
name of all trees to be removed, the tree caliper and the distance
of each from nearby structures, roads, or other landmarks which will
enable the trees to be easily identified. Access roads, skid roads
and loading areas must also be identified.
(7)
If known, the identification of a wetland boundary and buffer boundary, or the completion of a clearance form as defined in Chapter 217, Wetlands and Watercourses.
(8)
Proof of insurance as required by the approval authority for the
applicant or the agent/contractor submitting such application, which
evidences existence of general liability insurance with minimum limits
of $1,000,000 per occurrence for bodily injury and $100,000 per occurrence
for property damage as well as NY State workers' compensation
insurance and NY State disability insurance as may be applicable.
B.
Submission of a tree removal permit application shall constitute
permission for the approving authority and/or duly authorized employees
and/or agents of the Town to enter upon the subject property described
in the application, at reasonable times, with prior notice to and
agreement by the applicant, which agreement shall not be unreasonably
withheld, to carry out the inspections required in this chapter and
to otherwise enforce its provisions.
C.
The approving authority shall approve, approve with conditions or
deny a tree removal permit application within 60 days after receipt
of a complete application. If no action is taken by the approving
authority within 60 days after receipt of the complete application,
it shall be deemed to be approved as submitted.
D.
A tree removal permit shall expire 24 months after it is granted.
The approving authority may, as a condition of granting a permit:
A.
Regulate the days and hours of removal operations.
B.
Regulate the size and number of trucks and routes used for removal.
C.
Require tree protection, or other mitigation to prevent erosion,
provide screening, preserve ecological systems or remediate effects
on neighboring properties or roads.
D.
Require the replanting of replacement trees of a similar or different
species or, in the event that the approving authority deems it impractical
to require replanting or replacement of trees pursuant to this section,
require addition of other vegetative material or fencing or terracing
or other similar measures to offset the negative effects of tree removal.
E.
In the discretion of the approving authority as a condition of permit
issuance pursuant to this chapter, require posting of a performance
bond with a minimum term of two years to ensure compliance with this
chapter and other regulations of the Town of Lewisboro.
F.
Require such other safeguards as may be deemed appropriate to minimize
the environmental impact of such permitted activity.
A tree removal application shall be accompanied by a fee as
set forth in the Fee Schedule of the Town of Lewisboro, as may be
amended from time to time by resolution of the Town Board.
A.
The owner of record of any property on which trees subject to this
chapter are removed without the granting of a tree removal permit,
or are removed in violation of conditions attached to a tree removal
permit, or any person removing or in the process of removing such
trees, shall be guilty of a violation of this chapter, which shall
be punishable by a fine of no less than $250 nor in excess of $500.
Each tree removed without a tree removal permit or in violation of
the conditions attached to a tree removal permit shall constitute
a separate offense.
B.
In addition, the owner of record of any real property which has been
determined to be in violation of this chapter shall be ineligible
for receipt of subdivision approval, site plan approval, issuance
of a building permit(s), certificate(s) of occupancy, certificate(s)
of compliance or Zoning Board of Appeals variance(s) relating to the
property(ies) which are in violation of this chapter, until such time
as said violation(s) are deemed cured and any related proceeding in
local court terminated as defined in § 1.20 of the Criminal
Procedure Law. The foregoing provisions for enforcement of the regulations
in this chapter are not exclusive, but are in addition to any and
all laws applicable thereto.
Any applicant aggrieved or affected by the determination of
the approving authority with respect to an application for a tree
removal permit may appeal such determination to the Zoning Board of
Appeals, stating the reason for such appeal. The Zoning Board of Appeals
shall conduct a hearing on the appeal within 60 calendar days of receipt
of such appeal and shall, based upon the standards contained herein
and the facts of the matter, deny, grant, or grant with conditions
the permit being sought.
