As used in this chapter, the following terms
shall have the meanings indicated:
APPROVING AUTHORITY
The Zoning Board of Appeals, the Planning Board, the Town Board or the Building Inspector, as specified in §
161-6 of this chapter.
ARBORIST
A person with a bachelor's degree in plant science from an
accredited college or university who is certified to conduct business
in the State of New York by a relevant professional or governmental
agency.
CLEAR-CUTTING
Tree cutting (as defined herein) of more than 30% of the
trees in an area 10,000 square feet or more.
FORESTER
A person with a bachelor's degree in forestry from an accredited
college or university who is certified to conduct business in the
State of New York by a relevant professional or governmental agency.
LOT
A parcel of land that is owned separately from any adjoining
lot or lots.
PROTECTED TREE
Sugar maple (acer saccharum), white birch (betula papyrifera),
big shellback hickory (carya laciniosa), shagbark hickory (carya ovata),
flowering dogwood (cornus florida), copper beech (fagus cuprea or
f. sylvatica), kentucky coffee tree (gymnocladus dioica), american
holly (ilex opaca), butternut (juglans cinerea), black walnut (juglans
nigra), osage orange (maclura pomifera), sweetbay magnolia (magnolia
virginiana), mulberry (moms sp.), jack pine (pinus banksiana), virginia
pine (pinus virginiana), white oak (quercus alba), red oak (quercus
borealis), scarlet oak (quercus coccinea), willow oak (quercus phellos),
black oak (quercus velutina), atlantic white cedar (thuja occidentalis),
and wetland trees of the types listed in § 24-0107, Subdivision
1(a), of Article 24 of the New York State Environmental Conservation
Law as currently in effect.
REGULATED ZONE
A strip of land 20 feet wide measured inward from the property's
perimeter at all points. Trees, as defined herein, any portion of
whose trunk falls within the regulated zone, shall be considered wholly
within said zone.
SPECIMEN TREE
A tree which has a minimum diameter of 12 inches at a point
4 1/2 feet above the ground level and/or a minimum crown spread
of 15 feet.
TREE
A woody perennial, either deciduous or coniferous, having
a diameter six inches or greater measured 4 1/2 feet above ground
level ("dbh" hereafter), but excepting the following species: Poison
Sumac (Rhus Vernix), Shining Sumac (Rhus Copallina), Smooth Sumac
(Rhus Glabra), Staghorn Sumac (Rhus typhira), and Japanese Lacquer-Tree
(Rhus Verniflira).
TREE CUTTING
The clearing, cutting uprooting or any similar activity on
any tree except normal maintenance such as trimming, pruning, bracing
and selective removal of dead or diseased trees.
WILDLIFE HABITAT
The arrangement of food, water, shelter or cover, and space
necessary for wildlife existence.
A permit under this chapter shall be required
for:
A. Tree cutting within the regulated zone of any lot unless otherwise exempt under §
161-5 hereof; and
B. Clear-cutting on any lot.
A permit under this chapter shall not be required
for:
A. Logging operations for which a special use permit has been granted by the Planning Board under Chapter
140, Forestry, of the Putnam Valley Code.
B. Clear-cutting on lots for which certificates of occupancy
exist for all improvements upon such lot as follows:
(1) Within 15 feet of an existing building or proposed
addition and within the footprint of any proposed addition.
(2) Within five feet of an existing or proposed subsurface
structure such as a septic tank or field, or other subsurface improvement
or within the septic field area as required by the Putnam County Health
Department;
(3) Within three feet of an existing or proposed sidewalk
or driveway or within the area occupied by a proposed driveway or
sidewalk;
C. Tree cutting authorized and conducted in accordance
with a tree plan approved by the Planning Board under Article VA of
the Zoning Ordinance as part of a development approval plan or site
plan approved by the Planning Board under Article IV or V of such
ordinance.
D. The cutting of up to three nonspecimen trees within
the regulated zone in one twelve-month period by any owner or combination
of owners.
The approving authority under this chapter shall
be as follows:
A. The Zoning Board of Appeals shall be the approving
authority with respect to any application under this chapter which
requires the issuance of any other permit or approval from the Zoning
Board pursuant to the local laws and ordinances of the Town of Putnam
Valley.
B. The Planning Board shall be the approving authority
with respect to clear-cutting permit applications and any permit application
under this chapter which requires the issuance of any other permit
or approval from the Planning Board, or from both the Planning Board
and the Zoning Board pursuant to the local laws and ordinances of
the Town of Putnam Valley.
C. The Town Board shall be the approving authority with
respect to any permit application under this chapter which requires
the issuance of any other permit or approval from the Town Board pursuant
to the local laws and ordinances of the Town of Putnam Valley, including
any application which also requires the issuance of any permit or
approval by the Planning Board, the Zoning Board, or both.
D. The Code Enforcement Officer shall be the approving
authority with respect to all other regulated activities under this
chapter.
In granting, denying or conditioning any application
for a permit required by this chapter, the approving authority shall
evaluate the proposed activity, its purpose, and available alternatives,
and shall determine that the impact of the proposed activity upon
public health and safety, soil erosion, wildlife habitat, fire protection,
and drainage will not be detrimental and shall be in accordance with
the following additional standards, considerations and conditions:
A. Trees shall be felled so that erosion is avoided.
All tree-cutting debris shall be kept at least 20 feet from all public
roads and rights-of-way.
B. Consideration shall be given to preserving specimen
trees and protected trees where feasible and practical.
C. The approving authority may require the replanting
of trees as a condition of permit approval and may establish standards
for such replanting.
In granting a permit, the approving authority
may require a security in an amount and with surety and conditions
satisfactory to it securing to the Town of Putnam Valley compliance
with the conditions and limitations set forth in the permit.