The Village of Irvington finds that the existence of trees within
the Village makes a fundamental contribution to the health, safety
and general welfare of Irvington citizens and the community at large.
Trees, in addition to their aesthetic benefits, are essential to riparian
habitat, wildlife, energy conservation, temperature moderation and
the healthy ecology of the area; trees help improve air quality and
reduce global warming. These benefits to the community and environment
increase as trees mature. Maturation of trees protects surface water
quality, provides shade, offers windbreaks, controls water pollution
by reducing soil erosion and flooding, offers a natural barrier to
noise, yields advantageous microclimates and fundamental ecological
systems. Trees, together with shrubs, contribute to property values
of residential and commercial establishments, and preserve and enhance
the natural beauty and appearance of the Village and its historic,
nonurban character. Our community’s investment in its tree resources
has accrued over many years. This investment can be rapidly squandered
by indiscriminate damage to and destruction of trees, especially mature
and/or specimen trees and shrubs. Unregulated destruction of trees
and unacceptable pruning practices cause barren and unsightly conditions,
increase municipal expense to control drainage and soil erosion problems,
impair the stability and value of developed and undeveloped property
and negatively impact the health, safety, environment, ecosystems
and general welfare of the inhabitants of the Village of Irvington.
This chapter establishes policies, regulations and standards necessary
to ensure that the Village will continue to realize the benefits provided
by our trees. The provisions of this chapter are enacted to:
A. Control and regulate the indiscriminate cutting and
destructive or excessive pruning of trees.
B. Increase species and age diversity of our tree population
to provide long-term stability of the aggregate canopy and ecosystem
by requiring replanting when trees are removed.
C. Preserve our trees and the nonurban appearance of
our Village by encouraging owners of existing homes, vacant lands
and commercial parcels to save or replace mature tree species when
developing their parcels.
D. Protect
public trees in municipal parks and easements.
E. Facilitate
Village stewardship of air, water, land and living resources, to sustainably
protect the environment for the use of this and future generations.
For the purposes of this chapter, the following
words shall have the following meanings:
CERTIFIED ARBORIST
An individual who has obtained knowledge and competency in
arboriculture or forestry through an accredited body such as the International
Society of Arboriculture (ISA) arborist certification program, the
American Society of Consulting Arborists, the New Jersey Society of
Certified Tree Experts, the State of Connecticut Department of Environmental
Protection or the New York State Cooperating Consultant Forester Program.
CERTIFIED ARBORIST REPORT
A report prepared by a certified arborist containing specific
information on the tree(s) and/or shrubs to be removed, including,
but not limited to species, size, location, condition, structure,
height, crown integrity, crown spread, age, pruning history and presence
of pests or disease. The report shall include the arborist’s
name, address, business affiliation, certification information and
signature.
CRITICAL ROOT ZONE (CRZ)
The area containing the volume of roots necessary for maintenance
of tree health and stability. The CRZ is determined as a circle with
a diameter calculated from the diameter at breast height (DBH) using
the equation (DBH x 1.5) x 2, which typically extends beyond the dripline
of the tree (defined below).
DBH (DIAMETER AT BREAST HEIGHT)
A standard measurement of tree size taken by measuring the
diameter of the trunk at a height of 4.5 feet above ground level.
Guidelines for determining DBH in some of the more complicated situations
are as follows:
A.
If the tree has branches, bumps or forks that interfere with
DBH measurement, measure below that point and record the height at
which DBH was determined.
B.
If the tree is growing vertically on a slope, measure DBH from
the uphill side of the slope.
C.
If the tree is leaning, measure DBH in the direction of the
lean.
D.
If the tree splits into several trunks close to the ground (i.e.,
has a multistemmed or low-branched habit), the DBH of the tree is
the sum of the DBH of each trunk.
DESTRUCTIVE PRUNING PRACTICES
Pruning of a mature tree in ways that are in violation of best practices, as defined by the American National Standards Institute Guidelines for Tree Pruning (ANSI A300, Part
1). Destructive pruning practices include, but are not limited to, tree topping, defined as cutting back large-diameter branches to stubs, and removal of more than 25% of a tree’s canopy.
DOWNED TREE
A tree that has fallen over or is broken and is lying on
the ground or on a structure.
DRIPLINE
The outermost limit of the canopy of a tree as delineated
by the perimeter of its branches and which, extended perpendicularly
to the ground, encloses the tree.
GIRDLING
An activity that removes or injures the bark of a tree trunk,
typically extending around much of the tree’s circumference.
HAZARDOUS TREE
A tree that exhibits serious defects, that is, obvious and
visible signs that the tree is failing and that it presents an imminent
threat to the health and safety of persons, property, power lines
or places where people gather. Examples of serious defects include,
but are not restricted to, one or more of the following conditions:
A.
Excessive damage by an act of God, usually a weather event such
as windstorm, lightning strike or flooding, with major broken branches,
split trunk, large cracks or other defects that cannot be corrected
by pruning.
B.
Severe cracks in the main stem or in branch unions that penetrate
deeply into the wood of the tree.
C.
Advanced decay associated with cracks, branch unions, cavities
in the tree or root flares and buttress roots. Evidence of fungal
activity, including mushrooms, conks, and brackets growing on root
flares, stems, or branches, can be indicators of advanced decay.
D.
Leaning beyond 45° from vertical with evidence of recent
root exposure, soil movement or soil mounding.
E.
Supported solely by the action of another tree or object.
LANDSCAPE PLAN
A drawing of subject property showing the locations, quantities,
species, varieties and sizes of trees and/or shrubs to be planted.
The plan may also include the locations of existing trees and other
landscape features.
PREFERRED SPECIES LIST
A list of tree or shrub species for various sites and conditions,
including such characteristics as "under wires," "native," "urban/street
tree," maintained by the TPC.
PROTECTED SHRUB
An established shrub, colony or area of shrubs and brushland
that is deemed to include rare or endangered plant species, serves
as a visual buffer, or provides important wildlife and/or environmental
benefits and services. Such services include, but are not limited
to, habitat, native food source, riparian buffer, forest conservation
buffer or location on a steep slope.
PROTECTED TREE
Any of the following:
A.
A tree with a DBH of eight inches or more, regardless of location.
B.
A tree with a DBH of three inches or more located in a wetland,
watercourse buffer or watershed buffer (as defined elsewhere in Village
Code).
C.
A tree with a DBH of three inches or more located on a steep
slope (as defined elsewhere in Village Code).
D.
A tree that has been planted as a specific requirement of site
development plan approval or as part of a previous replanting or restoration
agreement.
E.
A tree of historic or unique value to the Village (as defined
herein).
F.
A tree with a DBH of three inches or more designated by the
New York State Department of Environmental Conservation as a protected
native plant for our region.
PUBLIC PROTECTED TREE
Any of the following:
A.
A tree with a DBH of eight inches or more located on lands owned
by the Village or land upon which easements are imposed for the benefit
of the Village.
B.
A tree, regardless of size, planted in a designated tree well
or curbside in the public right-of-way.
REPLANTING AGREEMENT
A written agreement between the property owner and the TPC
specifying types and sizes of trees and/or shrubs to be planted as
replacements for those that have been removed.
RESTORATION AGREEMENT
A written agreement between the property owner and the TPC
specifying types and sizes of trees and/or shrubs to be planted as
replacements for those that have been removed in violation of this
chapter.
TPC APPLICATION
A completed form entitled "tree removal permit application,"
available from the Village Clerk or the Village website, to be submitted
by any party wishing to remove one or more protected trees or shrubs
as outlined herein.
TREE OR SHRUB OF HISTORIC OR UNIQUE VALUE
A.
A tree or shrub with unique or noteworthy characteristics or
intrinsic value, including, but not limited to, species, age, location,
historical significance, ecological value, or incomparable or irreplaceable
aesthetic benefit to the community or environment. Examples include:
(1)
"Champion" tree listed on an accredited tree registry, or shown
to be of comparable size to such listed tree.
(2)
Rare or endangered species on federal or state lists.
(3)
Specimen tree or shrub exhibiting qualities such as noteworthy
leaf color or shape, peeling bark, floral display, fruit, overall
form or habit, unique wildlife habitat support, or rarity.
B.
The TPC maintains a list of trees and shrubs with historic or
unique value; such list should not be deemed all-inclusive or complete.
TREE PRESERVATION COMMISSION (TPC)
A committee constituted by the Village Board of Trustees,
composed of volunteers with appropriate expertise to evaluate TPC
applications in accordance with the Irvington Tree Preservation Code
and to provide such expertise to the Village Board of Trustees, Planning
Board or any other Village officials as requested.
TREE REMOVAL PERMIT
A permit approved by the TPC and duly issued by the Village
Clerk or designee pursuant to the terms of this chapter. The permit
consists of a written letter acknowledging which trees have been approved
for removal and is accompanied by a permit sign to be posted publicly.
The permit may also include additional compliance requirements such
as a replanting agreement or landscape plan.
TREE RISK ASSESSMENT
A determination of the extent to which a tree is hazardous
using an industry-wide rating scale taken from A Photographic Guide
to the Evaluation of Hazard Trees in Urban Areas, published by the
ISA. Risk is rated by evaluating the probability of failure of the
tree, its size and the targets that could be damaged if it fails.
An ISA tree hazard evaluation form is available from the TPC.
UTILITY DISTRIBUTION LINE VEGETATIVE MANAGEMENT
The procedure by which electrical utility companies manage
potential or existing conflict between power lines and vegetation,
thereby minimizing tree-related power outages. While most vegetative
management involves tree trimming, trees that pose hazards to power
lines because of ill health, proximity to the lines or other problems
may be determined to be hazardous by the utility’s arborist
and be removed.
A tree removal permit is not required for:
A. Removal
of any tree not regulated by this chapter.
B. Removal
of a downed tree.
C. Routine
pruning or trimming of a tree to maintain health and natural habitat.
No person, firm or corporation shall purposely, carelessly or
negligently take any action that will result in killing, destroying
or significantly degrading the immediate or long-term viability of
any protected tree or shrub. Such actions include, but are not limited
to:
A. Removal
of a protected tree or shrub without a permit.
B. Destructive
pruning practices.
C. Use of
climbing spikes, nails or hooks, except for the purpose of total tree
removal in compliance with the requirements of this chapter.
D. Girdling
or partial girdling or other significant bark damage.
E. Compaction
of CRZ due to construction or other activity. Disallowed activity
within the CRZ includes traversal, access or parking by construction
vehicles; manual construction activities, excluding landscaping (unless
specifically authorized by an approved site development plan); excavation
and stockpiling of materials.
F. Installation
of impervious surfaces over more than 25% of root zone.
G. Severing
or trenching through more than 25% of the root zone.
H. Grade change
exceeding three inches within the CRZ.
Any person or entity that is the subject of any decision under
this chapter may appeal such decision by notifying the Village Clerk
and scheduling a meeting with the TPC. If the issues cannot be resolved,
further appeal can be made to the Village Board of Trustees by giving
written notice of such appeal to the Village Clerk. The decision of
the Village Board of Trustees on any such appeal shall be deemed to
be the final decision of the Village of Irvington.