[HISTORY: Adopted by the Town Board of the
Town of Cortlandt 2-25-2008 by L.L. No. 1-2008.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Freshwater wetlands — See Ch. 179.
Sewers — See Ch. 241.
Steep slopes — See Ch. 259.
Subdivision of land — See Ch. 265.
Zoning — See Ch. 307
[1]
Editor's Note: This local law also repealed
former Ch. 283, Trees, Art. I, Tree Cutting, adopted 10-15-1991 by
L.L. No. 3-1991.
A.
The Town Board recognizes that healthy trees stabilize
the soil and control water pollution by preventing soil erosion and
flooding. Trees also absorb air pollution, provide oxygen, yield advantageous
microclimatic effects, act as natural air conditioners and buffer
the wind, have an intrinsic aesthetic quality, offer a natural barrier
to noise and a natural habitat for wildlife and are integrally involved
in fundamental ecological systems.
B.
The Town Board has reviewed the experience of past
development and finds that excessive cutting of trees can create surface
drainage problems, increase municipal costs to control drainage, adversely
affect air quality, impair the stability and value of nearby properties,
adversely affect fundamental ecological systems and result in unsightly
and barren conditions.
C.
The Town Board further finds that the natural topography
of the Town of Cortlandt is a public asset which should be preserved
and safeguarded and that the various features of its topography, including
the topsoil and other natural materials that constitute the shape
and contours of the land, the plant life and wildlife that is fostered
on the land and the water or the flow thereof upon the land are of
prime concern to the welfare of the people of the Town. Therefore,
no changes should be permitted in such topography except those which
are absolutely necessary in order to permit the proper and appropriate
use of the land.
D.
The Town Board, furthermore, takes note of the findings
of the New York State Environmental Quality Review Act,[1] among them being the obligation of the Town to serve as
a steward of air, water, land and living resources, and the obligation
to protect the environment for the use of this and future generations.
It is the intent of the Town to recognize these responsibilities in
part by providing these procedures, as well as to preserve the health
and welfare and rural character of the community which is reflected
in the trees and woodlands of the Town of Cortlandt.
[1]
Editor's Note: See New York State Environmental
Conservation Law § 8-0101 et seq.
E.
Based on these findings, the Town Board has determined
that regulations are needed to prevent excessive cutting of trees
and topographical alterations which may have adverse environmental
impacts.
F.
Finding statements. Finding statements should be required
for tree removal permits regarding subdivisions and all undeveloped
single lots.
As used in this chapter, the following terms
shall have the meanings indicated. Words and phrases used in this
chapter that are not specifically defined in this section shall be
interpreted so as to give them the meaning they have in common usage
and to give this chapter its most reasonable application.
The Zoning Board of Appeals, the Planning Board, the Town Board or the Director of Technical Services, as specified in § 283-5 of this chapter.
An ISA-certified arborist as designated by the Town Board.
The diameter of a tree at breast height.
The cover formed by the leafy upper branches of a tree.
The Conservation Advisory Council of the Town of Cortlandt.
The minimum area of retained roots necessary for maintenance
of tree health.
The diameter of a tree measured at a point 4 1/2 feet
above the ground.
Any act by which earth, sand, gravel, rock or any other similar
material is cut into, dug, quarried, uncovered, removed, displaced
or spread and shall include the conditions resulting therefrom.
Any act by which earth, sand, gravel, rock or any other material
is deposited, placed, replaced, compacted, dumped, transported or
moved by man to a new location and shall include the conditions resulting
therefrom. All imported fill must be certified as clean, with no construction
debris, and structurally adequate for the intended purpose.
A tenant or owner of an existing single-family or duplex
residence.
Trees as set forth in Appendix A.[1]
Those trees to be protected as depicted on the approved site
plan for a single lot building permit or as part of a subdivision
approval.
See "tree cutting."
A map showing relevant, existing site features and vegetation
on a site proposed for development.
A tree or group of trees considered to be an important community
asset due to its unique or noteworthy characteristics or values. A
tree may be considered a specimen tree based on its age, rarity or
special historical or ecological significance as determined by the
Planning Board as part of a subdivision approval process or by the
Town Arborist, environmental monitor or community forestry specialist
for a single lot building permit.
The indiscriminate cutting of tree branches to stubs or lateral
branches that are not large enough to assume the terminal role. Other
names for topping include "heading," "tipping," "hat-racking," and
"rounding over."
A woody, perennial, either deciduous or coniferous, having
a diameter greater than four inches measured 4 1/2 feet above
ground level.
The clearing, cutting, uprooting or any other similar activity
on any tree or trees, except normal maintenance such as trimming,
pruning, bracing and selective removal of dead or diseased trees as
determined by the Town Arborist or Town-approved consulting arborist.
[1]
Editor's Note: Appendix A, List of Protected Trees, is included at the end of this chapter.
A.
No property owner shall permit and no person, firm
or corporation or individual connected with such firm or corporation
shall, either purposely or negligently, cut down, kill, clear cut,
top or otherwise destroy, or commit any act which will lead to the
eventual destruction of, any tree in violation of this chapter unless
he is in the possession of a permit to do so issued by the approving
authority or as otherwise authorized pursuant to this chapter.
B.
Private residentially developed property not greater
than four acres.
(1)
Activities permitted as of right on privately held
residentially developed property not greater than four acres:
(a)
Removal of three or fewer trees on a single
lot within any twelve-month period, provided they are not protected
trees, and provided the trees are not within 10 feet of the property
line on lots greater than 20,000 square feet.
(b)
Removal of any tree under an actual or ongoing
emergency condition when such tree removal is necessary for the protection
and preservation of life or property. Removal of a tree that endangers
adjoining property.
(c)
Removal of a tree that is dead or so substantially
diseased that it threatens the health of other trees.
(d)
Pruning or maintaining a protected or specimen
tree unless such pruning or maintenance damages more than 25% of the
canopy or roots.
(2)
When a tree is removed pursuant to this section, within
10 days after such removal the person on whose property the tree is
located shall submit to the Director of Technical Services a letter
or other documentation explaining and confirming the nature and extent
of the tree removal(s).
C.
Privately held undeveloped property and developed parcels not regulated in Subsection B above.
(2)
Any property owner applying for subdivision approval
and/or site plan approval and/or building permit whose plans would
require the removal of four or more trees on said property shall submit
a tree inventory within the 50 feet of the proposed area of disturbance.
This inventory shall be compiled by an ISA-certified arborist or state
licensed forester appointed by the Town but paid for by the applicant,
and it must include a comprehensive list of all individual trees on
said property, depicting size, genus, species and cultivar. The property
owner must also produce a tree protection plan. The CAC shall act
in an advisory capacity on the approval of any tree protection plan
submitted in connection with subdivisions, commercial site development
plans or special permit applications.
(3)
The tree protection plan, where applicable, shall
include:
(a)
An inventory of existing trees, showing type,
location, size and condition.
(b)
An integrated site plan showing the size, number,
location and type of trees proposed to be cut; the size, number, location
and type of trees proposed to be saved; utilities to be installed;
grading; the approximate location of all structures, driveways and
curb cuts; and proposed trees, plantings and other landscaping.
(c)
A detailed plan to protect and preserve trees
before, during and for a period of two years after construction.
[1]
This shall include a written statement setting
forth those steps to be taken to protect trees, roots and canopy from
damage during all stages of work on the site.
[2]
Prior to commencement of any grading, construction
or tree removal, a tree protection area for any tree located within
25 feet of any proposed grading, construction or tree removal, or
within the tree's critical root zone, whichever is greater, must be
established by physical barriers and maintained until such work is
completed.
[3]
Active tree protection shall consist of chain-link,
orange laminated plastic, wooden post and rail fencing or other equivalent
restraining material placed at the edge of the critical root zone.
If addition to fencing, where tree trunks are in jeopardy of being
damaged by equipment, the administrator shall require boards of two
inches by four inches to be strapped around the trunk of the trees.
In addition, where active tree protection is required, each tree to
be saved shall be marked at the base of the trunk with blue-colored
water-based paint.
(d)
A reforestation plan that shall conform to the
following minimum standards:
[1]
Shade and/or decorative trees shall be planted
at a minimum ratio of at least one tree per 1,000 square feet of lot
area or major fraction thereof. Trees to be planted shall have a minimum
diameter of three inches at a point 4 1/2 feet above ground level
and should be planted in soil suitable for that tree species.
[2]
In selecting locations to plant trees, priority
should be given to that section of the lot that is within a buffer
zone or adjacent to any land owned by the Town.
[3]
In determining the number of replacement trees
to be planted, the Planning Board and Town Arborist shall consider
the size, genus and cultivar of the trees which are proposed to be
removed. Each protected tree that is to be removed shall be replaced
by at least 1 1/2 times the number (rounded up) of the same trees
as removed. On slopes of 25% or greater, two trees shall be planted
for each tree which is to be removed.
(4)
The Planning Board shall require, prior to the commencement
of any clearing authorized under a permit pursuant to this chapter,
that the applicant shall post a performance bond in an amount and
with surety and conditions sufficient to secure compliance with the
conditions and limitations set forth in the permit, as shall be determined
by the Planning Board.
(5)
The applicant shall be required to pay the cost for
the Town to retain a certified arborist to review compliance with
the requirements of the tree protection plan.
D.
Removal of trees on publicly held property.
(1)
Trees on Town and other public property are an irreplaceable
asset. The impact of their removal shall be considered against the
benefits of cleared space for recreational activities and other uses.
Therefore, the legislative purpose and intent specified in this chapter
shall apply to all tree removal on public property.
(2)
No department, agency, commission or authority in
the Town of Cortlandt, employee of the Town of Cortlandt or any firm
or individual retained by the Town shall cut down, kill or otherwise
destroy more than five trees within an area of 2,500 square feet,
or any single tree exceeding 18 inches in diameter at a height of
4 1/2 feet above ground level on Town property, with the exception
of Town highways and public rights-of-way, without first considering
the parameters and intent of this chapter.
(3)
All actions of the Town are subject to SEQR, and the
provisions and intent of this chapter will be considered as part of
the Town's approval of any projects or plans conducted by the Town.
A permit as specified by this chapter shall
also be required for all on-site soil movements of 100 cubic yards
or greater on any individual lot with a vertical dimension greater
than 12 inches or more than six inches of fill within the critical
root zone of a tree.
The approving authority shall be as follows:
A.
The Zoning Board of Appeals shall be the approving
authority with respect to any application which requires the issuance
of any other permit or approval by it pursuant to the local laws and
ordinances of the Town of Cortlandt.
B.
The Planning Board shall be the approving authority
with respect to any application which requires the issuance of any
other permit or approval by it pursuant to the local laws and ordinances
of the Town of Cortlandt.
C.
The Town Board shall be the approving authority with
respect to any application which requires the issuance of any other
permit or approval by it pursuant to the local laws and ordinances
of the Town of Cortlandt, including any application which also requires
the issuance of any permit or approval by the Planning Board or Zoning
Board.
D.
The Director of Technical Services shall be the approving
authority with respect to all other regulated activities.
A.
Application requirements. An application for a permit
required by this chapter shall be filed with the approving authority
and shall contain the following information and such other information
as required by it, except when waived by it as not pertinent or necessary
for the proposed activity:
(1)
Application requirements for permits for all activities
regulated by this chapter:
(a)
The name, address and phone number of the property
owner and applicant.
(b)
The consent of the property owner, if the applicant
is not the property owner.
(c)
A written statement indicating the purpose and
reasons for the removal of the tree(s).
(d)
The Tax Map designation of the property.
(e)
A plan or plans showing the following: the location
of the property and property boundaries; the location of structures,
driveways and roadways on the property; and the location of the proposed
work.
(2)
A description of the activity for which a permit required
by this chapter is sought
(3)
Application requirements for permits for topographical alterations. In addition to the information required in Subsection A(1), applications for permits for topographical alterations shall also include the following information:
(a)
A plan or plans showing the following:
[1]
Abutting properties and roads.
[2]
The location of the area where the proposed
topographical alteration is to take place; existing and proposed contours
at a maximum contour interval of two feet; existing and proposed buildings,
paved areas, roads and driveways, underground utilities and water
and sewerage facilities.
[3]
Plans of the proposed topographical alteration,
including amounts to be excavated or filled, the location of storage
piles and the location of excavating or processing equipment.
[4]
Computations by a registered engineer or surveyor,
showing how amounts shown above were determined.
[5]
The existing and proposed drainage.
[6]
Plans for erosion control.
B.
Referral.
(1)
Upon receipt of an application, the approving authority
shall e-mail and send via standard mail said application to the CAC
for review and report.
(2)
The CAC shall report back to the approving authority
within 15 days of such referral if the approving authority is the
Director of Technical Services, within 30 days of referral if the
approving authority is the Zoning Board of Appeals or the Town Board,
and within 45 days of referral if the approving authority is the Planning
Board. The time period within which the CAC shall be required to report
back may be extended at the discretion of the approving authority.
The approving authority shall give significant weight to the recommendations
of the CAC as well as any reports or recommendations offered by the
Town Arborist or other environmental officials. Failure by the CAC
to report back to the approving authority within the specified time
period shall be interpreted as indicating no objection to the application.
The approving authority shall send the final approved plan(s) to the
CAC.
C.
Notice.
(1)
For applications to the Zoning Board of Appeals, the
Planning Board or the Town Board, such property owners shall have
20 days from said date of notice or until such time as any required
public hearings are closed by the approving authority, whichever is
later, to submit written comments to the approving authority. The
approving authority may waive this notice procedure if it has received
responses from the adjoining property owners prior to action by it.
Upon receipt of a completed application pursuant to this chapter,
the approving authority shall cause notice of receipt of the same
to be mailed by first-class mail to adjoining property owners and
those across the street adjoining the involved property. For applications
to the Director of Technical Services, such property owners shall
have 20 days from the day of said notice to submit written comment
to the approving authority with regard to said application.
(2)
For single lot applications or applications which
do not involve the Planning Board, upon receipt of a completed application
under this chapter, the approval authority shall cause such notice
of receipt of the same to property owners and those across any street
or right-of-way abutting the involved property. Such property owners
shall have 20 days from the day of notice to submit written comment
to the approval authority with regard to said application. The approval
authority may waive this notice procedure if responses for all of
the above property owners have been received prior to the action.
D.
Public hearing. For applications involving the Planning
Board, the Zoning Board or Town Board, a public hearing shall be held
by the approval authority on the application made hereunder at such
times, under such circumstances and upon such notice as may be required
for the granting of the other permit or approval required of such
approval authority pursuant to the local laws and ordinances of the
Town.
E.
Action by the approving authority. The approving authority
shall review said application to ensure conformity with the requirements
of this chapter. A determination shall be made to approve, approve
with conditions and/or modifications or disapprove the issuance of
such permit simultaneously with the determination by the approving
authority of any other permit or approval for which application was
made.
In granting, denying or conditioning any application
for a permit required by this section, the approving authority shall
evaluate the proposed activity, its purpose, and available alternatives,
and shall determine that the impact of the proposed activity will
not be detrimental to public health and safety, soil erosion, wildlife
habitat, fire protection and drainage. Such determination shall be
made in accordance with the following standards, considerations and
conditions:
A.
Notwithstanding any other factors, the removal of
a regulated tree may be favored:
(1)
If the tree is located near existing or proposed improvements,
especially if:
(a)
The tree is within three feet of an existing
or proposed sidewalk or driveway.
(b)
The tree is within 10 feet of an existing cesspool,
dry well, leaching pit, septic tank or field, or other subsurface
improvement.
(c)
The tree is within 10 feet of any other existing
or proposed permanent structure. A permanent structure is one that
requires a building permit and certificate of occupancy or a certificate
of compliance under the NYS Building Code and is not a shed.
(d)
The proposed subsurface improvement, structure,
sidewalk, driveway or roadway cannot be reasonably relocated.
(2)
If the tree removal is necessary to achieve compliance
with state, county or local standards for sight lines, driveways or
intersections.
(3)
If the tree removal is consistent with good horticultural
or vegetation management and will not have an adverse effect on an
ecological system.
(4)
If the tree to be removed, due to disease, blight,
infestation, storm damage, accident or other condition, causes undue
hardship for the property owner to maintain.
(5)
If the tree removal is limited to non-native species
of trees.
(7)
If the property owner will replant replacement trees
of a similar species or add other vegetation to offset the negative
effects of the tree removal to the satisfaction of the approving authority.
B.
With consideration of the above factors, the proposed
tree removal may be denied or granted with conditions after consideration
of the following:
(1)
The tree is a protected or specimen tree, as defined
in this chapter, unless there is no feasible alternative to the proposed
activity.
(3)
Consideration shall be given to preserving specimen
trees and protected trees where feasible and practical.
(4)
The approving authority may require the replanting
of trees as a condition of permit approval and may establish standards
for such replanting.
C.
Standards for approval of permits for topographical
alterations:
(1)
The planning, design and development of buildings
shall provide the maximum in structural safety and human enjoyment
while adapting the site to and taking advantage of the best use of
the natural terrain.
(2)
Roads and driveways shall follow the natural topography
to the greatest extent possible and shall be consistent with other
applicable regulations of the Town of Cortlandt and current engineering
practices.
(3)
Any regrading shall blend in with the natural contours
and undulations of the land.
(4)
Cuts and fills shall be rounded off to eliminate sharp
angles at the top, bottom and sides of regraded slopes.
(5)
The angle of cut and fill slopes shall not exceed
a ratio of one vertical to two horizontal except where retaining walls,
structural stabilization or other methods acceptable to the Director
of Technical Services are used.
(6)
Any lakes or ponds that are created shall have a sufficient
depth and inflow of water to minimize the possibility of stagnation
and excessive aquatic growth.
(7)
Topsoil removed shall be replaced to a depth of at
least four inches over all exposed ground surfaces except rock, and
said restored surface shall be planted or seeded and mulched repeatedly
as necessary until the area is stabilized.
(8)
There shall be no processing of excavated materials
by a rock crusher or similar equipment on the premises.
(9)
No excavation shall be made so as to undermine, weaken
or deprive support of adjacent land.
(10)
No removal of earth from the ground shall be made
so as to prevent or interfere with the orderly development of residential,
business, manufacturing or public purposes or other lands in the vicinity
or as to unreasonably delay travel from one place to another or as
to make unduly difficult or substantially increase the cost of the
installation of public utilities or other public services or as to
substantially depreciate the value of real property in the vicinity.
A.
Activities specified by the permit shall be undertaken
pursuant to any conditions of the permit and shall be completed according
to any schedule set forth in the permit.
B.
A permit shall expire on completion of the activities
specified and shall be valid for a period of one year from the date
of approval or for the period of any other permit issued by the approving
authority.
C.
A permit not issued in conjunction with any other
permit may be renewed by the approving authority for a period of up
to one year.
D.
The approving authority may revoke or suspend a permit
if it finds that the applicant has not complied with any of the conditions
or limitations set forth in the permit.
A.
All persons who remove or cause to be removed trees
without a permit, as required, shall restore the affected area by
backfilling all holes and by creating an acceptable grade and plantings,
subject to approval by the Director of Technical Services in consultation
with the Town Arborist. Any tree damaged during construction or development
of the property shall be either replaced in kind or, where existing
trees are so large and mature that they cannot be replaced, the Director
of Technical Services with consult from the Town Arborist may require
the planting of multiple trees instead.
B.
Unless otherwise approved by the administrator, trees
selected for replanting must be on the tree planting list as set forth
in Appendix B.[1] Trees selected for planting must be free from injury,
pests, disease, nutritional disorders or root defects and must be
of good vigor in order to assume a reasonable expectation of survivability.
(1)
Standards for transplanting shall be in keeping with
those established in the International Society of Arboriculture publication
"Trees and Shrub Transplanting Manual." Reference The Manual of Woody
Landscape Plants (Michael Dir., 1983, Castle Books) or similar publication
for information on tree species site requirements.
(2)
All replanted overstory trees shall be at least six
feet tall and have a trunk not less than two caliper inches. All replanted
understory trees shall be at least four feet tall or have a trunk
not less and one caliper inch. Sufficient growing area for planted
trees must he observed:
(3)
In lieu of an on-site restoration, the permitting
authority may, with the advice of an ISA arborist, allow the purchase
of trees or require planting of trees on public land in lieu of on-site
restoration at a ratio of 1 1/2 times the number (rounded up)
of trees removed.
[1]
Editor's Note: Appendix B, Tree Planting List, is included at the end of this chapter.
C.
All trees which fail to survive for a period of two
calendar years following planting shall be replaced by the permit
holder at no expense to the Town or the owner of the land, if other
than the holder of the permit. Said replacement shall be within 60
days following written demand for such replacement from the Director
of Technical Services or within an extended period of time as may
be specified.
D.
All tree planting, tree dressing and associated restoration
work must be substantially completed within one year from the date
of issuance of the permit, except that the permit may be extended
by the approving authority, which shall have the discretion to grant
such an extension.
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 Cortlandt compliance with
the conditions and limitation set forth in the permit.
A.
The approving authority may inspect or cause to be
inspected by its representative activities undertaken pursuant to
a permit so as to ensure satisfactory completion.
B.
The approving authority may require that the applicant
submit for approval a detailed monitoring program, including but not
necessarily limited to written status reports at specified intervals
documenting activities undertaken pursuant to a permit.
C.
The approving authority may require that the activities
undertaken pursuant to a permit be supervised by an appropriate licensed
professional.
A.
Any person who violates, disobeys or disregards any
provision of this chapter shall be liable to the people of the Town
of Cortlandt for a civil penalty not to exceed $1,000 for the first
such offense; $2,000 for a second offense; and $3,000 for each subsequent
violation thereafter. Each week's continuation of a condition violating
this chapter shall be deemed a separate violation.
B.
In lieu of the above civil fine, any person who violates
any provision of this chapter shall be guilty of a violation pursuant
to the Penal Law, punishable by a fine of not more than $500. For
a second and each subsequent offense, the violator shall be guilty
of a misdemeanor, punishable by a fine of not more than $1,000 or
a term of imprisonment up to 30 days, or both. Each offense shall
be a separate and distinct offense, and, in the case of a continuing
offense, each day's continuance thereof shall be deemed a separate
and distinct offense.
C.
In addition to the above civil and criminal penalties,
the Town Board and Director of Code Enforcement, with the advice and
consent of the Town Attorney, shall have the right to seek equitable
relief to restrain and/or remedy any violation of any provisions of
this chapter.
D.
The Director of Code Enforcement shall have the power to direct a violator to cease violation of this chapter and, with the consultation from the Town Arborist and review by the CAC, satisfactorily restore the affected area insofar as that is possible. The exercise of such power may be with or without the imposition of a fine under Subsections A and B of this section.
E.
During the ninety-day period following the effective
date of this chapter, anyone who is in violation but who complies
after notice from the Code Enforcement Officer shall not be subject
to any fine or penalty.
In adopting this chapter all prior tree ordinances
and regulations and amendments thereto are hereby repealed.
In interpreting and applying the provisions
of this chapter, they shall be held to be the minimum requirements
for the protection of trees. It is not intended by this chapter to
interfere with, or abrogate, any other greater requirements than are
imposed or required by any other ordinance, rule or regulation.
If any section, subsection, paragraph, sentence,
clause, or phrase of this chapter is declared by any court of competent
jurisdiction to be invalid, such invalidity shall not affect any other
portion of this chapter.
Any decision of an administrative official acting
as the approving authority may be appealed to the Zoning Board of
Appeals. Any decisions of the Town, Planning or Zoning Boards as approval
authorities are subject to review under Article 78 of the New York
State Civil Practice Law and Rules.
This chapter shall be effective immediately
upon its filing with the Secretary of State of the State of New York.
