A. 
The Board of Trustees finds that it has been established that trees stabilize the soil and control water pollution by preventing soil erosion and flooding, reduce air pollution, provide oxygen, yield advantageous microclimatic effects, temper noise and, further, that unusual, large and old trees have unique aesthetic and historic values. Indiscriminate removal of trees causes deprivation of these benefits and disrupts the Village's ecological systems. It is, therefore, the purpose of this article to prevent the indiscriminate or unnecessary destruction of trees within the Village of Croton-on-Hudson.
B. 
The Village, furthermore, takes note of the findings of the New York State Environmental Quality Review Act,[1] among them being the obligation of the Village 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 further generations. It is the intent of the Village 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 woodlands of the Village of Croton-on-Hudson.
[1]
Editor's Note: See Art. 8 of the Environmental Conservation Law.
As used in this article, the following terms shall have the meanings indicated:
APPLICANT
Any individual or individuals, firm, partnership, association, corporation, company, organization or other legal entity of any kind, including a municipal corporation, governmental agency or subdivision thereof, filing an application pursuant to this chapter.
APPROVING AUTHORITY
The Village Engineer or his or her designee or the Planning Board as applicable, as specified in § 208-16C hereof.
[Amended 12-20-2021 by L.L. No. 13-2021]
CLEAR CUTTING
The cutting of more than 10 trees with a DBH of four inches or greater on a lot, within any twelve-month period.
DIAMETER AT BREAST HEIGHT (DBH)
The diameter of a tree measured at a point 4 1/2 feet above the ground, or at the highest measurable point of the remaining stump if less than 4 1/2 feet, on the uphill side of the tree.
LANDMARK TREES
A tree as defined on a list of trees which may be promulgated and established by the Board of Trustees of the Village of Croton-on-Hudson, which list is on file in the office of the Village Manager.
LOT
Any parcel of land, not necessarily coincident with a lot or lots shown on a map of record, which is occupied or which is to be occupied by a building and its accessory buildings, if any, or by a group of buildings having any land in common and the buildings accessory thereto, if any, together with the required open spaces appurtenant to such building or group of buildings.
REGULATED BUFFER ZONE
Any area of vegetative screening as established by an approved site plan, minor site plan, special permit or subdivision plat, or any area of a residentially zoned property as measured from each perimeter property line of the property towards the interior of such property as follows:
Zoning District
Width of Regulated Buffer Zone
(feet)
RA-40
15
RA-25
10
RA-9
5
RA-5
3
RB (One-Family Residence)
3
RB (Two-Family Residence)
5
RC (One-Family Residence)
5
RC (Multiple Residence)
12
TREE
A living woody plant with an erect perennial trunk which is four inches or more in DBH.
A. 
General regulations. A tree removal permit will be required before removing:
(1) 
Any tree eight inches or more in DBH on any parcel of land capable of being subdivided under the zoning provisions applicable to the district in which the parcel is situated or on any parcel of land without a residential structure or on any property which would require site plan approval to be developed.
(2) 
Any tree four inches or more in DBH growing on slopes of over 20%.
(3) 
Any threatened or endangered species of tree, regardless of size, as defined by the New York State Department of Environmental Conservation.
(4) 
Landmark trees as herein defined, regardless of size.
(5) 
Any tree four inches or more in DBH, the trunk of which is wholly or partially located in a regulated buffer zone as herein defined.
(6) 
More than 10 trees with a DBH of four inches or greater on a lot, within any twelve-month period.
B. 
Exceptions.
(1) 
No tree removal permit shall be required for work to be done by or on behalf of the Village of Croton-on-Hudson.
(2) 
Trees may be removed by the appropriate agency or authority as may be necessary to maintain Village, county, state or utility right-of-way, as a control measure to fight forest or other fires or under such other actual or ongoing emergency condition when such tree removal is essential for the protection and preservation of life or property.
C. 
Approving authority. The approving authority for all applications shall be the Village Engineer or his or her designee, except that the Planning Board, as applicable, shall be the approving authority for any application that is also the subject of a pending site plan, minor site plan, subdivision approval, wetlands permit, or steep slopes permit in accordance with the requirements of the Code of the Village of Croton-on-Hudson. Except as otherwise required in connection with the review of subdivision and site plan applications and steep slope applications by the Planning Board, the application for a tree removal permit shall not be subject to a public hearing, and notification of adjoining or other property owners is not required.
[Amended 12-20-2021 by L.L. No. 13-2021]
D. 
Standards for the granting of permits. A tree removal permit shall normally be issued if any of the following conditions are met:
(1) 
The location of the tree(s) clearly endangers the health, safety, welfare or property of the general public, the property owner or an adjoining property owner.
(2) 
The location of the designated tree(s) prevents compliance with state, county or local standards for sight lines, driveways or intersections.
(3) 
The location of the tree(s) prevents the property owner from undertaking otherwise approved construction or alteration because the location of the designated tree(s) substantially interferes with a permitted use of the property and the construction or alteration cannot be reasonably modified to accommodate the designated tree(s); written explanation may be required describing how the designated tree(s) interferes with construction or alteration and why the construction or alteration cannot be modified reasonably to accommodate the designated tree(s).
(4) 
The designated tree(s), due to death, disease, blight, infestation, storm damage, accident or other condition, causes undue hardship for the property owner to maintain.
(5) 
The tree is dead, or so substantially diseased that it constitutes a danger to persons, property or other trees.
(6) 
The removal of the tree is not inconsistent with good silvicultural, horticultural or vegetation management and will not have an adverse visual or ecological impact.
E. 
Planning Board action which is deemed approval of tree removal. Where tree removal is proposed in connection with any site plan, minor site plan, subdivision plat, wetlands permit or steep slope permit application submitted or to be submitted to the Planning Board, as applicable, trees shall be removed from the affected property only in conjunction with an approved final subdivision plat, final site plan, minor site plan, wetlands or steep slope permit application. A tree removal permit is not required in these cases.
[Amended 12-20-2021 by L.L. No. 13-2021]
A. 
Any person proposing to conduct or cause to be conducted a regulated activity specified in § 208-16 hereof shall file an application for a permit with the approving authority as hereinafter provided. Such application shall include the following information:
(1) 
The name and address of the applicant.
(2) 
The address and Village Tax Map designation of the property on which the tree(s) is/are located.
(3) 
The total land area involved in cutting operations.
(4) 
The number and size in DBH of trees to be removed.
(5) 
The purpose of the tree removal.
(6) 
A survey of that section to be disturbed, showing location of any regulated buffer zone as herein defined as well as all trees, indicating those trees to be removed and those trees to be preserved, their species and their diameter. In the case of site plans, including minor site plans, and subdivision plats, the tree survey shall be submitted to the Planning Board or Village Board as applicable as a part of the site plan, subdivision plat, wetlands or steep slopes applications. Trees shall have numbering and tagging. The numbering and tagging shall be both in the field as well as illustrated on the plan.
(7) 
Methods of removal.
(8) 
A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 196, Article I, Stormwater Management and Erosion and Sediment Control, shall be required for any tree removal permit that qualifies as or authorizes a land development activity as defined in Chapter 196, Article I. The SWPPP shall meet the performance and design criteria and standards in Chapter 196, Article I. The approved tree removal permit shall be consistent with the provisions of Chapter 196, Article I.
[Added 7-16-2007 by L.L. No. 3-2007]
B. 
Where no subdivision, site plan, minor site plan, wetlands permit or steep slope permit application is involved, the survey requirement may be eliminated, and a plan drawn to scale showing the property lines and tree locations with the tree diameters noted by the applicant may be substituted for Subsection A(6) above.
C. 
In cases where the Planning Board has received or will receive a site plan, minor site plan, or subdivision application involving the disturbance of 100 or more acres and where an acceptable erosion and sedimentation control plan has been or will be prepared for such project and where an environmental impact statement has been or will be prepared for such project, a sampling technique may be used to estimate the number, species and diameter of trees on the site and the number of trees proposed to be removed. The specifics of the sampling technique shall be subject to the approval of the Planning Board. Notwithstanding the above, all trees 22 inches in diameter at breast height and greater in any areas proposed to be disturbed shall be individually identified and marked in accordance with §§ 208-17A and 208-18C, respectively, of this article.
The approving authority may, as a condition of granting a permit:
A. 
Require the reasonable relocation of proposed foundation walls, driveways, grading, surface and subsurface improvements or drainage systems to preserve specific trees.
B. 
Regulate the days and hours of operations.
C. 
Require that each tree to be cut or removed be marked at one point low enough on the trunk to be visible after removal of the tree so as to permit subsequent inspection. Notwithstanding the above, where the use of a sampling technique has been approved, trees less than 22 inches in diameter at breast height need not be marked.
D. 
Require such safeguards as appropriate to minimize the environmental impact of such removal operations.
E. 
Require additional information, if the tree removal involves clear cutting, including but not limited to:
(1) 
Complete plans for the restoration of the site after tree removal, which shall be certified by a recognized tree expert, drawn to a scale of not less than one inch equals 50 feet, and including the following:
(a) 
Description of the proposed vegetative cover of the tree removal area, including dominant species before and after the tree removal.
(b) 
The location of the tree removal in relation to property lines, roads, buildings and wetlands within 100 feet thereof.
(2) 
Additional information as needed or deemed necessary by the approval authority to evaluate the proposed tree removal in terms of the goals and standards of this chapter.
F. 
Require that the tree trunk, limbs, stump and any roots remaining above grade be removed to approximately two feet or less.
G. 
Require that the disturbed area be backfilled, replanted and/or reseeded.
H. 
Require that in the case of a tree destroyed or removed illegally, another tree or trees of comparable size, species and/or value be replanted at the expense of the property owner, for each tree removed.
I. 
Require the planting of a replacement tree or trees.
J. 
Impose such additional conditions as the approving authority deems necessary to ensure compliance with the policies and provisions of this chapter.
A. 
Before issuing a tree removal permit, the approving authority may require the applicant to file with the Village a suitable bond or other security, payable to the Village, in an amount fixed by the approving authority and in a form approved by said approving authority and conditioned upon the faithful performance of the requirements of this article, the observance of all municipal laws and compliance with conditions imposed in connection with the granting of the permit, to indemnify the Village for completing the work in accordance with this article.
B. 
Any bond or other security filed in accordance with the foregoing shall not be released until the Village Engineer has determined that, in all respects, the work proposed under the approval has been satisfactorily completed in full compliance with all provisions of this article. Failure to timely complete the work in accordance with the terms and conditions of an approved plan and/or permit and to obtain a certificate of completion as provided in § 208-23 may result in the forfeiture of the bond or other security and the Village shall be entitled to the full amount of said bond or other security for the purpose of complying with the provisions of this article.
A tree removal permit application shall be accompanied by a fee in an amount set by resolution of the Board of Trustees.
Any site for which an application for a tree removal permit has been submitted shall be subject to inspection by the approving authority or its designated representatives upon notice to the property owner and applicant at any reasonable time, including weekends and holidays. The applicant, by making application for such permit, shall be deemed to have given its consent to such inspection. The applicant shall indemnify and hold the Village harmless against any damage or injury that may be caused by or arise out of any entry onto the subject property in connection with the processing of the application, during construction or performance of the work or within one year after the completion of the work.
No permit shall be valid for more than one year after approval of an application by the approving authority unless otherwise specified by the approving authority. All permits shall expire upon completion of the work specified therein. The validity of any work duly completed pursuant to an existing permit shall not be affected by the expiration date. Permits may be renewed by the approving authority upon application submitted at least 20 days before the expiration of the permit. Standards for issuance of renewals shall be the same for the issuance of permits.
A. 
Within 30 days after completion of all tree removals authorized under a permit issued in accordance with this chapter, the applicant shall notify the Village Engineer of such completion.
B. 
Within 30 days of such notification of completion of work, the Village Engineer shall inspect or cause to be inspected the tree removal site for compliance with all conditions of the permit.
(1) 
When all tree removal(s) authorized under a permit is deemed to be completed in an acceptable fashion, the approving authority shall issue a certificate of completion, which shall be accompanied by cancellation or return of any bond collected for such permit.
(2) 
When tree removals authorized under permit are deemed not acceptable, the approving authority shall so notify the applicant. The notification of noncompliance shall include a list of all conditions in violation of the terms of the permit and shall specify a time limit for the correction of all items so listed.
A. 
The approving authority after notice to the permit holder and an opportunity to be heard may revoke or suspend a tree removal permit if it finds that the applicant has not complied with any or all of the terms of such permit, has exceeded the authority granted in the permit or has failed to undertake the project in the manner set forth in the approved application.
[Amended 7-21-2008 by L.L. No. 2-2008]
B. 
Issuance of a stop-work order by the Village Engineer shall be as provided in § 86-14 of the Village Code. A stop-work order may be appealed by filing a written notice of appeal with the Planning Board not later than 30 days after service of the stop-work order upon the applicant. A hearing shall be scheduled by the Planning Board within 20 days of receipt of request for a hearing. After the close of the hearing, the Planning Board may confirm, modify or cancel the stop-work order.
C. 
The approving authority shall set forth in writing its findings and reasons for revoking or suspending a permit pursuant to this section and keep a copy in the permit application file.