[HISTORY: Adopted by the Town Board of the
Town of Putnam Valley 10-22-2003 by L.L. No. 7-2003. Amendments noted where
applicable.]
GENERAL REFERENCES
Forestry — See Ch. 140.
A.
This chapter regulates certain activities in the Town
relating to the cutting of trees. The purposes of the chapter are
to:
(1)
Preserve, protect, conserve and regulate the forests,
woodlands and trees and the benefits derived therefrom.
(2)
Prevent uncontrolled, widespread cutting of trees.
(3)
Prevent soil erosion.
(4)
Protect wetlands, water bodies and watercourses, air
quality, vegetation, wildlife and fragile natural resources.
(5)
Promote fire protection.
B.
It is the further purpose of this chapter to preserve
the rights of property owners in the Town of Putnam Valley consistent
with the purposes enumerated above.
A.
The Town Board finds that healthy trees stabilize
the soil and control water pollution by preventing soil erosion and
flooding, absorb air pollution, provide oxygen, yield advantageous
microclimatic effects, 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 land use in the Town and, based on that review, 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.
As used in this chapter, the following terms
shall have the meanings indicated:
The Zoning Board of Appeals, the Planning Board, the Town Board or the Building Inspector, as specified in § 161-6 of this chapter.
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.
Tree cutting (as defined herein) of more than 30% of the
trees in an area 10,000 square feet or more.
The Commission for the Conservation of the Environment of
the Town of Putnam Valley ("CCE" hereafter).
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.
A parcel of land that is owned separately from any adjoining
lot or lots.
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.
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.
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.
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).
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.
The arrangement of food, water, shelter or cover, and space
necessary for wildlife existence.
A permit under this chapter shall be required
for:
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.[1]
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.
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)
The name, address and phone number of the property
owner and applicant.
(2)
The written consent of the property owner, if the
applicant is not the property owner.
(3)
The Tax Map designation of the property.
(4)
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
tree removal.
(5)
The location of wetlands, water bodies or watercourses subject to regulation under Chapter 144 of the Putnam Valley Code.
(6)
The location of areas subject to regulation under Chapter 136, Flood Damage Prevention, of the Putnam Valley Code.
(7)
The size, number, location and type of trees to be
cut.
(8)
The estimated size, number, location and type of trees
to be saved.
(9)
If tree cutting is proposed to be conducted in stages,
the location of each stage.
(10)
The location and size of loading areas for the removal
of cut trees.
(11)
A plan for tree disposition and cleanup.
(12)
A statement from the landowner that each tree to be
removed has been designated, with paint or other distinctive means,
at two points so as to be readily visible to the approving authority
and the tree remover. One point shall be low enough on the tree so
as to be visible on the stump after the tree is removed.
(13)
A statement that the property owner and applicant
(if different) will indemnify and hold the Town harmless against any
damage or claims arising out of the permit's issuance, including but
not limited to the performance of on-site inspection by the Town.
(14)
An explanation as to why a proposed activity prompting
the tree removal application cannot be located on a different portion
of the lot or on another lot owned and/or controlled by the applicant
or owner.
B.
Referral.
(1)
In all cases, the approving authority may refer any
application submitted to it pursuant to this chapter to the CCE for
review and report. The date of referral from the approving authority
shall be deemed to be the date of the first regularly scheduled monthly
meeting of the CCE after receipt of a complete set of pertinent materials
from the Planning Board. If the approving authority determines not
to refer an application to the CCE for review and report, it shall
promptly notify the CCE of such decision.
[Amended 10-7-2020 by L.L. No. 2-2020]
(2)
The CCE shall report back to the approving authority
within 10 days of such referral if the approving authority is the
Code Enforcement Officer, within 20 days of referral if the approving
authority is the Zoning Board of Appeals or the Town Board, and within
60 days of referral if the approving authority is the Planning Board.
Failure by the CCE to report back within the specified time period
shall be interpreted by these approving authorities as indicating
no objection to the application.
C.
Notice. Upon receipt of a completed application under
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 any street adjoining the involved property.
For applications to the Code Enforcement Officer, such property owners
shall have 20 days from said day of notice to submit written comment
to the approving authority with regard to said application. For applications
to the Zoning Board of Appeals, the Planning Board, or the Town Board,
such property owners shall be able to submit written comments to the
approving party up until such time as the required public hearings
are closed by the approving authority.
D.
Public hearing. Except as otherwise provided herein,
a public hearing shall be held by the approving authority on the application
made hereunder at such time or times, under such circumstances and
upon such notice as may be required for the granting of the other
permit or approval required of such approving authority pursuant to
the local laws and ordinances of the Town of Putnam Valley. A public
hearing shall be held by the Planning Board on any clear-cutting permit
application for which no other permit or approval is being sought.
Notice of such hearing shall be issued and/or published in the same
manner as is required by law for site plans and development approval
plans under Articles IV and V of the Zoning Ordinance. A public hearing,
though not required, may be held when the approving authority is the
Code Enforcement Officer.
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 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 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.
A.
Activities specified by the tree-cutting permit shall
be undertaken pursuant to any conditions of same and shall be completed
according to any schedule set forth therein.
B.
A permit shall expire upon completion of the permitted
activity or one year from the permit's issuance, whichever shall first
occur.
C.
A permit may be renewed by the approving authority
for a period of up to one year, provided the terms and conditions
of same have been observed and compiled with as of the time of renewal.
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.
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.
A.
The approving authority and CCE may inspect or cause
to be inspected by its representative activities undertaken pursuant
to a permit so as to ensure satisfactory compliance with its terms
and conditions.
B.
The approving authority may require that the activities
undertaken pursuant to a permit be monitored and/or supervised by
an appropriate licensed professional, including but not limited to
the provision of written status reports at specified intervals with
respect to the activities undertaken pursuant to the permit.
C.
The approving authority may suspend or revoke a permit
issued pursuant to this chapter if any condition of such permit has
been violated or if the scope of activities authorized by the permit
has been exceeded.
A.
Any person who violates any provision of this chapter
shall be guilty of a violation punishable by a fine equal to $20 per
inch of tree diameter for each tree unlawfully removed, as measured
at the stump. Where the diameter of removed tree(s) cannot be ascertained,
the fine shall be $200 per tree for each tree unlawfully removed.
For a second and each subsequent offense, the fine shall be twice
that applicable to a first offense or a term of imprisonment up to
15 days, or both.
B.
Any person who violates any provision of this chapter
shall also be liable to the people of the Town of Putnam Valley for
a civil penalty not to exceed $1,500 for every such violation.
C.
In addition to the above penalties, the Town Board
shall have the right to seek equitable relief to restrain and/or remedy
any violation of any provisions of this chapter.
D.
The Code Enforcement Officer shall have the power to direct a violator to cease violation of this chapter and, with the consultation of the CCE, satisfactorily restore the affected area insofar as that is possible. The exercise of such power may be with or without the imposition of a civil penalty and/or fine under Subsections A and B of this section.
E.
In addition to the remedies specified above, no building permit, temporary certificate of occupancy, or permanent certificate of occupancy shall issue to any lot for which a notice of violation has issued pursuant to Subsection D hereof, until such violation has been remedied to the satisfaction of the approving authority, or until such notice of violation has been dismissed by a court of competent jurisdiction. Remediation may include replacement of trees removed in violation of this chapter in accordance with the following schedule:
|
dbh of Removed Tree
(inches)
|
Number and dbh of Replacement Trees
|
|---|---|
|
6 to 12
|
3 trees at 2 inches or 2 trees at 3 inches
|
|
13 to 24
|
3 trees at 3 inches
|
|
25 or greater
|
5 trees at 3 inches
|
