[HISTORY: Adopted by the Town Board of the
Town of Somers 11-10-2005 by L.L. No. 13-2005.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Critical environmental areas — See Ch. 84.
Environmental quality review — See Ch. 92.
Excavations — See Ch. 94.
Scenic resource protection — See Ch. 138.
Site plan review — See Ch. 144.
Steep slopes protection — See Ch. 148.
Wetlands and watercourse protection — See Ch. 167.
Zoning — See Ch. 170.
[1]
Editor's Note: This local law also repealed
former Ch. 156, Tree Preservation, adopted 10-17-2002 by L.L. No.
8-2002.
The Town of Somers finds and declares that the
preservation of trees within the Town is necessary to protect the
health, safety, and general welfare of the Town of Somers because
trees provide shade, impede soil erosion, aid water absorption and
retention, inhibit excess runoff and flooding, enhance air quality,
offer a barrier to noise, provide a natural habitat for wildlife,
provide screening, enhance property values and add to the aesthetic
quality of the community. It is the purpose of this chapter to prevent
indiscriminate destruction of trees within the Town of Somers while
respecting the rights of residents and owners to maintain and improve
their properties. The Town also recognizes that the forest resource
in the Town is a renewable resource and proper felling of trees improves
the value of landscape and safety of citizens. The proper felling
of trees shall include professional techniques that control soil erosion
and sediment-laden runoff.
As used in this chapter, the following terms
shall have the meaning indicated:
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.
Areas of vegetative screening measured from each property
line of a residentially zoned property towards the interior of such
property as follows:
The art and the science of controlling the establishment,
growth, composition, health, and quality of forest to meet diverse
needs and values of the many landowners, societies and cultures.
[Added 9-10-2009 by L.L. No. 8-2009]
Any self-supporting woody plant of a species which grows
at maturity to an overall height of a minimum of 10 feet, has a single
trunk or multiple trunks which are, in combination, with a sum of
12 inches at dbh (diameter at breast height).
The partial or complete removal of a tree by digging up,
cutting, pushing, pulling down, or damaging the tree to permanently
alter or destroy it.
A.
The Town Board will designate the Town Engineer to
administer and enforce this chapter.
B.
The Town Engineer shall:
(1)
Receive and keep accurate records of tree removal
permit applications.
(2)
Inspect the trees described in each application based
on standards for granting permits described herein, both before and
after removal takes place.
(3)
Grant with conditions or deny tree removal permits
according to the standards in this chapter, giving reasons for denial
and specifying conditions for such tree removal as specified below.
(4)
Carry out such related duties as may be specified
from time to time by the Town Board.
A.
General regulations. A tree removal permit will be
required before removal of any of the following:
(2)
Any tree that is located within 30 feet from the center line of a road designated by the Town of Somers as a scenic road or other designated scenic feature, as identified in Chapter 138 of the Code of the Town of Somers.
(3)
Any tree within the common lands of a conservation easement or parcel, as described in § 170-13 of the Code of the Town of Somers.
(4)
Any tree within the Town of Somers Business Historic Preservation District, as defined in § 170-14 of the Code of the Town of Somers.
(5)
Any tree within any wetland and wetland buffer as defined in Chapter 167 of the Code of the Town of Somers.
(6)
Any tree on a very steep or extremely steep slope as defined in Chapter 148 of the Code of the Town of Somers.
(7)
More than the number of trees listed below on a single
property of the indicated size within any calendar year:
(a)
More than two trees in a R-10 parcel within any calendar year as defined by the Town Zoning Map and Chapter 170 of the Code of the Town of Somers.
(b)
More than four trees in a R-40 parcel within any calendar year as defined by the Town Zoning Map and Chapter 170 of the Code of the Town of Somers.
(c)
More than six trees in a R-80 parcel within any calendar year as defined by the Town Zoning Map and Chapter 170 of the Code of the Town of Somers.
(8)
Any
tree identified for preservation as part of a resolution of site plan
or subdivision approval and/or identified for preservation on the
final approved site plan or subdivision plat.
[Added 10-11-2012 by L.L. No. 6-2012]
B.
Exceptions. Notwithstanding the foregoing, no permit
shall be required for the removal of:
(1)
Any dead tree.
(2)
Trees posing a danger to a structure or to a vehicle
or pedestrian traffic.
(3)
The removal of trees that is needed to control against
forest fires.
(4)
The removal of trees that is necessary to maintain
rights-of-way of public utilities, provided that such removal is conducted
according to lawful easements, statutory requirements and franchise
agreements, and provided that the agency files with the Town Engineer
a plan showing the areas of removal before commencing such operations,
except when required emergency removal makes such filing impractical.
(5)
Any trees planted by the applicant in which the applicant
can present a proof of planting.
C.
Standards. The Town Engineer shall grant or grant
with conditions a tree removal permit unless one of the following
conditions for denial is found to exist:
D.
Approvals granted by the Planning Board and the Town
Engineer shall be deemed tree removal permits when tree removal or
preservation is specifically proposed in conjunction with an 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 Town Engineer may be sought to assist such agencies
in their determinations. These agencies shall record on their determinations
the specific tree removal 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 Town Engineer a tree removal permit application. 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 removal.
(5)
Color photographs or slides showing the areas and
environment where trees are to be removed, with sufficient detail
to identify the remaining trees in the area after work is completed.
(6)
A survey or sketch of 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.
(7)
Silviculture
treatments qualifying under this chapter on lands within a NYS Agricultural
District, lands enrolled in the NYS Forest Tax Law (NYS RPT, § 480)
and/or lands managed under a Watershed Forestry Plan by the Watershed
Forestry Program/Watershed Agricultural Council.
[Added 9-10-2009 by L.L. No. 8-2009]
(a)
For these lands, the administrative procedure and application process
will not unreasonably restrict silviculture treatments, as per NYS
AML, § 305 and its subdivisions.
B.
Submission of a tree removal permit application shall
constitute permission for the Town Engineer and/or a professional
consultant especially retained for the purpose by the Town to enter
upon the 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 Town Engineer shall approve, approve with conditions
or deny a tree removal permit application within 21 days after receipt
of a complete application. If no action is taken by the Town Engineer
within 21 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.
Conditions may be imposed upon the granting
of a tree removal permit, including, but not limited to:
A.
Days and hours of removal operations, size, and number
of trucks and routes to be followed.
B.
Replanting or other mitigation to prevent erosion,
provide screening, preserve ecological systems or remediate effects
on neighboring properties.
C.
Reasonable relocation of proposed surface or subsurface
improvements.
D.
Marking of trees to be removed in a way that the markings
are visible both before and after tree removal.
E.
In case of removal of more than the number of trees specified above in § 156-4A(7), a performance bond to assure compliance with this chapter and the conditions imposed, with such bond, if one of its purposes is to assure replanting, to have a minimum term of two years.
[Amended 10-11-2012 by L.L. No. 6-2012]
F.
Such safeguards as are appropriate to mitigate the
environmental impact of removal operations, including but not limited
to a report from an arborist certified by the International Society
of Arboriculture or a professional forester in the New York State
cooperating consultant forester program (retained by the applicant).
G.
Tree protection which ensures erosion and sediment
control.
H.
The effect of removal on the area as determined by
accepted tree management practices, such as appropriate thinning to
promote woodlot management ensuring the maintenance or improvement
in the mix of age and species of tree. Tree spacing will be determined
by the following example:
|
Space between trees can be determined by averaging
their dbh and adding six, the resultant being the advisable space
in feet. For example, a twelve-inch dbh tree and a twenty-two-inch
dbh tree should be 23 feet apart.
| ||
|
Tree A:
|
12 dbh
| |
|
Tree B:
|
22 dbh
| |
|
Sum:
|
34
| |
|
Average:
|
34/2 = 17
| |
|
Add:
|
+6
| |
|
Distance apart:
|
23 feet
| |
A tree removal application shall be accompanied
by a fee to be set in a fee schedule determined by the Town Board.
A.
Penalties for offenses.
[Amended 7-11-2013 by L.L. No. 5-2013]
(1)
Any
person committing an offense against any provision of this chapter
shall, upon conviction thereof, be guilty of a misdemeanor punishable
by a fine not to exceed $1,000 for an individual per tree and $5,000
for a corporation per tree, or by imprisonment for a period not to
exceed one year, or both. The continuation of an offense against the
provisions of this chapter shall constitute, for each day the offense
is continued, a separate and distinct offense hereunder.
(2)
In
addition to any other penalty authorized by this chapter, any person,
partnership or corporation convicted of an offense of the provisions
of this chapter shall be required to restore the site to the condition
existing prior to commission of the offense to the extent possible
or as deemed appropriate by the Town’s engineering staff. Specifically,
a replanting plan prepared by a landscape architect shall be required
pursuant to which for every tree removed in violation of this chapter
multiple trees shall be replanted in number determined by the diameter
at breast height (dbh) of the tree(s) removed. For example, if three
trees at 12 inches dbh were unlawfully removed, then the replanting
plan shall include a minimum of 12 trees at three inches dbh to be
replanted. The Town Board shall be empowered to grant relief in whole
or in part from this requirement for good cause shown on application
to the Town Board.
(3)
In
addition to the above-provided penalties, the Town of Somers may maintain
an action or proceeding in a court of competent jurisdiction to compel
compliance with or to restrain by injunction a violation of any provision
of this chapter or the terms and conditions of any permit granted
hereunder.
B.
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.
A.
Any applicant aggrieved or affected by the determination
of the Town Engineer with respect to an application for a tree removal
permit may, within 10 business days of such determination, appeal
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.
B.
Any person or persons jointly or severally aggrieved
by a decision of the Zoning Board of Appeals pursuant to this chapter
may apply to the Supreme Court for review by a proceeding under Article
78 of the Civil Practice Law and Rules. Such proceeding shall be instituted
within 30 days after the filing of a decision of the Zoning Board
of Appeals in the office of the Town Clerk.
Should any paragraph, section or portion of
this chapter be declared by a court of competent jurisdiction to be
invalid or unlawful, the same shall not affect the remainder of this
chapter as a whole or any part thereof other than the part or parts
so declared to be invalid.
