[HISTORY: Adopted by the Board of Trustees
of the Village of Tarrytown 8-15-1988 by L.L. No. 8-1988; amended in its entirety 11-20-2006 by L.L. No.
15-2006. Subsequent amendments noted where applicable.]
There is a direct relationship between the number
of trees planted in a community and the health and safety and welfare
of that community. Trees provide shade, add color, control water and
air pollution, stabilize the soil and prevent erosion. The destruction
of shade trees causes increased municipal costs for proper drainage
control and impairs the benefits of occupancy of existing residential
properties. In order to provide protection against the indiscriminate
destruction of trees, this chapter establishes minimum standards for
tree protection.
[Amended 9-16-2019 by L.L. No. 9-2019]
The Superintendent of the Department of Public Works or their
designee shall have supervision over all trees planted or growing
within the lines of all public streets and places of the Village and
the planting, removal, care, maintenance and protection thereof pursuant
to the provisions of this chapter. The Superintendent of Public Works
or their designee shall have the right to trim, spray, preserve and
plant such trees as may be necessary to preserve symmetry or to remove
or cause to be removed any tree or part thereof that is in an unsafe
condition or that, by reason of its nature, is injurious to sewers
or other public improvements or is infected with any injurious fungus,
insect or other pest. The Superintendent of Public Works shall meet
with the Tree Commission on an annual basis to provide the Commission
with a tree planting and tree maintenance plan for the land within
the lines of all public streets and places. Where there is any doubt
as to whether a tree is in an unsafe condition or is causing an unsafe
condition or is infected with any injurious fungus, insect or pest,
the Superintendent of Public Works or their designee shall consult
with the Tree Warden prior to removal of any tree. In this situation
the final decision is by the Tree Warden.
The Board of Trustees shall select an individual
with knowledge of the planting and maintenance of trees to serve as
the Tree Warden for the Village of Tarrytown. The Tree Warden shall
represent the Tree Commission and shall have the powers, rights and
responsibilities as provided for in this chapter and shall serve at
the pleasure of the Board of Trustees.
A.
No person, firm or corporation or individual connected with such firm or corporation shall either purposely or carelessly or negligently cut down, top, prune, kill or otherwise destroy or commit any act that may lead to eventual destruction of any tree exceeding four inches in diameter at a height of four feet six inches measured from the ground on any private property unless said person, firm or corporation or individual connected with such firm or corporation shall have obtained a permit pursuant to § 281-11 of this chapter. Permits issued for any other purpose by the Village, including but not limited to building permits, shall not be considered as valid permits for the removal of trees unless permission for the removal of the trees has been granted by the Planning Board or the Zoning Board of Appeals, subject to the provisions of Subsection B or C hereinbelow.
B.
Notwithstanding any other provision of this chapter,
any property owner applying for a zoning variance, approval of which
would require the removal of any trees on said property, shall make
application to the Tree Commission for referral to the Zoning Board
of Appeals of the Village of Tarrytown, who, along with the Planning
Board, shall have advisory jurisdiction regarding the proposed removal
of such trees due to an approved site plan. The Zoning Board of Appeals
of the Village of Tarrytown and/or the Planning Board of the Village
of Tarrytown may grant or deny such application on such terms and
conditions as it may prescribe.
C.
Notwithstanding any other provision of this chapter,
any property owner applying for site plan approval which would require
the removal of any trees on said property shall make application to
the Tree Commission for referral to the Planning Board of the Village
of Tarrytown, which shall have sole jurisdiction regarding the proposed
removal of trees. The Planning Board may grant or deny such application
on such terms and conditions as it may prescribe.
D.
Notwithstanding any other provision of this chapter,
any property owner applying for subdivision approval whose plans would
require the removal of any trees on said property shall make application
to the Tree Commission for referral to the Planning Board of the Village
of Tarrytown, which shall have sole jurisdiction regarding the proposed
removal of such trees. The Planning Board may grant or deny such application
on such terms and conditions as it may prescribe, it being understood
that there must, in any event, be full compliance with the Subdivision
Regulations of the Village of Tarrytown.[1] In the event that a property owner, subsequent to the
filing of a final plat, shall require the removal of any trees which
deviates from the plans approved by the Planning Board, application
must be made to the Planning Board, and all the requirements of this
chapter shall be applicable.
E.
Notwithstanding any other provision of this chapter, any property owner applying for a building permit and not subject to the provisions of Subsection B, C or D hereinabove, approval of which would require the removal of any tree(s) on said property, shall make application to the Tree Commission, who shall have sole jurisdiction regarding the proposed removal of such trees. The Tree Commission may grant or deny such application on such terms and conditions as it may prescribe, including but not limited to the planting of new trees or other forms of landscaping.
A.
The Board of Trustees shall create a Tree Commission which shall
consist of seven members, including the Building Inspector, the Superintendent
of Public Works, the Tree Warden, a member from the Environmental
Advisory Council and three members selected from the residents of
the Village of Tarrytown. A quorum shall consist of at least three
members present. There shall be a liaison between the Tree Commission
and the Planning Board. The Board of Trustees shall also select a
Chairperson for the Commission who shall serve as liaison to the Village
Administrator. The Chairperson shall be responsible for communicating
to all departments.
[Amended 9-16-2019 by L.L. No. 9-2019]
B.
The voluntary members of the Tree Commission, excluding
the Tree Warden, shall serve for three-year terms, such terms to be
on a staggered basis. The members of the Commission shall receive
no compensation for their services as members but may, in the discretion
of the Board of Trustees, be permitted the necessary and actual expenses
which shall be incurred in the performance of duties under this chapter.
C.
All determinations and decisions made by the Tree Commission shall be by a majority vote. The Commission is hereby authorized and empowered to obtain the assistance, when necessary, of persons especially qualified by reason of training or experience in tree planting, preservation and landscaping. Should the Commission seek assistance, based upon an appeal permitted under § 281-11 of this chapter, all costs thereof shall be borne by the party seeking said appeal. Assistance requested by the Commission not related to the appeal process shall be borne by the Village.
D.
The Tree Commission shall meet, at a minimum, on a
monthly basis. Said meetings shall be regularly scheduled and advertised
on the Village Calendar. At the meeting, the Commission shall review
the tree permits that are pending, have been issued and denied by
the Tree Warden, the Zoning Board of Appeals and the Planning Board.
The Tree Commission shall review site plan/zoning variance applications
currently pending before either the Zoning Board of Appeals and/or
the Planning Board and issue recommendations to either Board with
respect to any aspect of said application that may impact trees, shrubs
and/or related plantings. The Commission shall also hear any appeals
based upon the denial of a permit by the Tree Warden. The Commission
may have regular meetings or on a more frequent basis. A special meeting
may be convened should either the Chairperson or two other members
of the Commission deem such a meeting to be necessary.
E.
The Tree Commission reserves the right to refuse permits
for tree destruction if it feels that the best interests of the public
are not served by the proposed development. It may further revoke
any permit if the work is not proceeding according to permit and in
an orderly and diligent manner.
No person shall, without first securing a written
permit from the Tree Warden, cause any wire or insulator or any device
for the holding of any electric wire to be attached to any tree in
any street, park or other public place, or cause any wire or other
conductor charged with electricity to come in contact with any such
tree, or place or maintain any pole or post in such a manner as to
interfere with any tree or shrub in any street, park or other public
area.
No person shall fasten or tie any animal to
or attach any sign, bill, card, notice or any advertisement to any
tree or shrub in any street, park or other public place or allow any
animal under his/her control to injure any such tree or shrub.
No person shall place or maintain on the ground
in any street, park or other public place any stone, excess soil or
other substance in such manner as may obstruct the free access of
air or water to the roots of any tree without first obtaining a written
permit from the Tree Warden.
No person shall cause brine, oil, gas, gasoline,
liquid dye or other substance deleterious to tree life to pass onto
or into the soil about the roots of any tree in any street, park or
other public place.
A.
Trees standing on any lot or land adjacent to any
public street or place and having branches projecting into the public
street or place shall be kept trimmed by the owner or owners or occupant
of the property on which such trees are growing so that the lowest
branches shall not be less than 15 feet from the roadbed and not less
than eight feet from the sidewalk level. The Tree Warden may, however,
allow newly planted trees to remain untrimmed, provided that they
do not interfere with persons using the sidewalk or obstruct the light
of any streetlight or traffic signal.
B.
Topping of trees is to be avoided. Topping of any
tree exceeding four inches in diameter at a height of four feet six
inches measured from the ground, on any property, shall require a
tree permit. The permit may be issued by the Tree Commission if there
is sufficient evidence that failure to top the tree would pose significant
danger in terms of safety or property damage.
C.
Thinning of a tree canopy to create views known as
peek-a-boos is permitted, provided the percentage of thinning does
not exceed 25% of the overall canopy. No thinning shall occur in the
upper or lower 25% of the tree canopy. "Peek-a-boos" are defined as
the creation of a series of windows within a tree canopy to provide
a vista without impacting the overall health and aesthetic value of
the tree. The thinning (pruning) occurs only in the middle 50% of
the tree. Only minor branches are pruned. This method of vista pruning
lasts three to four times longer than topping (approximately 10 years
versus three years for topping).
D.
Hedges, bushes, shrubs, flowers or other growing plants
shall be kept trimmed so as not to obscure the vision of motorists
approaching the intersection. The owner or owners of property shall
keep all hedges, bushes, shrubs, flowers or other growing plants trimmed
so as not to impede pedestrian traffic on the sidewalks of the Village.
E.
Any tree or shrub that is growing on private property
and that is endangering or in any way may endanger the security or
usefulness of a public street, public sewer or other public place
or that is diseased shall be considered a public nuisance.
F.
In case the owner or owners or the occupant or occupants shall neglect or refuse to trim such tree or trees, hedges, bushes, shrubs, flowers or other growing plants after being notified, in writing, by the Village, the Village shall have the right, after one week from the date of such written notice, to cause the trimming to be done and to charge the expense thereof against the land on which said trees, hedges, bushes, shrubs, flowers or other growing plants are located. This section shall not preclude the Village from enforcing the penalty clause in § 281-15 of this chapter.
A.
Permits for the removal of trees may be granted under
the following circumstances:
(1)
If the presence of the tree would cause hardship or
endanger the public or the person or the property of the owner.
(2)
Properties anticipated for or under zoning or planning
review shall be schematically approved by required zoning or planning
agencies prior to submission to the Tree Warden. Where intensive cutting
of trees and shrubbery is planned, the Village Landscape Consultant
may require an overall landscape design that includes an arrangement
of specimen ornamental, flowering and/or evergreen trees, and trees
which will grow tall in time. The expense of such an arrangement would
be at least equivalent to the estimated value of the existing trees
to be removed, as determined by the Village's replacement cost method.
(3)
Trees on property to be occupied by buildings or structures
within a distance of 10 feet around the perimeter of such building
or structure, depending upon tree species and conditions to be determined
by the Tree Warden and/or Landscape Architectural Consultant. However,
in proper instances, the Tree Warden may recommend to the Planning
Board proposed buildings or structures to be relocated or removed
from a building plan in order to save an important tree or trees.
(4)
If the trees substantially interfere with a permitted
use of the property, the removal of the trees shall be performed in
a selective manner, as determined by the Tree Warden.
B.
The determination of the Tree Warden shall be final
but subject to appeal and shall depend upon the species of the tree,
the degree of injury and the likelihood of the survival of the tree,
economical considerations of land use and consideration of the general
welfare and the overall environment of the area, except that it shall
be subject to such review as authorized hereinbelow.
C.
In the event that the Superintendent of Public Works or their designee
determines that a tree or trees are hazardous to life or property,
the Superintendent of Public Works or their designee shall have the
right to grant immediate approval for the removal of said tree or
trees, waiving all notices as required under this chapter. In the
event that such approval is granted, the Superintendent of Public
Works or their designee or Tree Commission, subsequent to the cutting
of said tree or trees, shall have the authority to require complete
compliance with all other provisions of this chapter as applicable
thereto.
[Amended 9-16-2019 by L.L. No. 9-2019]
D.
Requirements:
[Amended 9-16-2019 by L.L. No. 9-2019]
(1)
All applications for site plan review shall be made in writing upon
forms prescribed by the Superintendent of Public Works or their designee,
Tree Warden or Landscape Architectural Consultant.
(2)
For all applications, the site plan review process requires the following,
the Tree Warden and/or Landscape Architectural Consultant may require
the applicant to submit plans showing existing and proposed contours
at two-foot intervals on a map or plan at a scale no smaller than
one inch equals 20 feet. Where trees are to be removed or destroyed,
existing trees, specifying types, sizes, and condition, shall be shown
and the reasons for removing or destroying said trees shall be set
forth. The site plans must identify, classify and evaluate all existing
trees within the site disturbance area and up to 50 feet beyond the
site disturbance area. The plans must provide for new trees to be
planted and specify their location and type to replace the existing
trees in kind. When the existing trees are so large and matured that
they cannot be replaced, the Tree Warden and/or Landscape Architectural
Consultant may recommend to the Planning Board the required planting
of multiple trees or a monetary contribution to the Village Tree Fund
instead.
(3)
The Superintendent of Public Works or their designee, Tree Warden
and/or Landscape Architectural Consultant may require the site plan
applicant to provide a tree value appraisal for any tree, to be preserved
within the site disturbance area and up to 50 feet beyond the site
disturbance area, greater than four-inch-diameter base height according
to the latest edition of the Guide for Plant Appraisal by the Council
of Tree and Landscape Appraisers and published by the International
Society of Arboriculture, Champaign, Illinois.
(4)
The Superintendent of Public Works or their designee, Tree Warden
and/or Landscape Architectural Consultant may require the site plan
applicant to provide a comparative tree replacement chart specifying
the total quantity of diameter base height trees to be removed versus
the total caliper size of trees to be planted.
(5)
The Superintendent of Public Works or their designee, Tree Warden
and/or Landscape Architectural Consultant may require additional site
plan information such as the design of walls, disposition and design
of storm drainage and any information pertinent to the individual
circumstances.
(6)
Where extensive tree cutting is planned, the Tree Warden may recommend
to the Planning Board to require the site plan applicant to pay for
a licensed professional inspector to supervise the orderly development
of the land and ensure the protection of the trees. Said inspector
may be recommended by the Tree Warden.
(7)
The Superintendent of Public Works or their designee, Tree Warden
or Landscape Architectural Consultant may recommend the Planning Board
to require that the site plan applicant furnish the Village with a
performance bond as approved by the Village Attorney in an amount
sufficient to cover 90% of the tree preservation, planting and restoration
work to be completed in accordance with the plans accompanying all
applications. The remaining 10% of the cost of tree preservation,
restoration and replanting shall be in cash and deposited by the applicant
in a special tree preservation escrow account maintained by the Village.
The total amount of the bond and cash deposit shall reflect all tree
preservation, restoration and protection costs and shall be in accordance
with each set of individual circumstances. Upon completion of all
planting and restoration work to the satisfaction of the Tree Warden,
the performance bond shall be canceled and replaced with a maintenance
bond to be approved by the Village Attorney and to run for a term
to be fixed by the Tree Warden, but in no case for a period longer
than two years. The 10% cash in escrow shall remain on deposit with
the Village until the maintenance bond is canceled.
(8)
The Tree Warden, within 20 business days from the date the site plan
application is submitted in final form, shall notify the applicant
of his intent to approve the application or shall disapprove the application
for permit. No trees shall be cut for a period of 20 business days
from the date of the issuance of said notice.
(9)
Decisions; appeals.
(a)
All decisions or determinations made by the Tree Warden approving
applications pursuant to this chapter shall be sent to adjoining property
owners and to the Environmental Advisory Committee.
(b)
Any person aggrieved, affected, or interested in the determination
or decision of the Superintendent of Public Works, their designee
or Tree Warden shall have the right, within 10 days from receipt of
the decision of the Superintendent of Public Works, their designee
or Tree Warden, to appeal to the Village Board of Trustees for existing
properties and to the Planning Board for proposed development, which
shall review the decision. Any decision or determination of the Superintendent
of Public Works, their designee or Tree Warden that is appealed to
the Village Board of Trustees or Planning Board shall be stayed pending
review by the Village Board of Trustees or Planning Board. Any determination
made by the Superintendent of Public Works, their designee or Tree
Warden can be reversed, affirmed or modified by the Planning Board
and/or Village Board of Trustees; furthermore, the Planning Board
and/or Village Board of Trustees may review and/or amend any decision
of the Superintendent of Public Works, their designee or Tree Warden
or Tree Commission.
(10)
The Superintendent of Public Works or their designee, Tree Warden
and/or Landscape Architectural Consultant has the right to refuse
permits for tree destruction if he feels that the best interests of
the public are not served by the proposed destruction. The Superintendent
of Public Works or their designee or Tree Warden and/or Landscape
Architectural Consultant may further revoke any permit if the work
is not proceeding according to permit and in an orderly and diligent
manner.
(11)
The cost of the tree permit application shall be set by the
Village Board.
A.
All persons who remove or cause to be removed trees, with or without a permit, as required, shall restore the area by backfilling all holes and by creating an acceptable grade and covering. Any tree damaged/removed 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 Tree Commission may require the planting of multiple trees or may assess the value of the destroyed trees per § 281-11D(3), said value to be paid to the Village Tree Fund. Minor tree damage shall be repaired in accordance with accepted tree surgery practice.
B.
Tree stumps shall be removed, or ground down, not
cut flush. A property owner may appeal the tree stump removal requirement
of this section to the Tree Commission. After the planting of trees,
removal of all debris in the undisturbed area shall be made immediately.
The property where such planting is done must be left in a neat and
orderly condition, in accordance with good and acceptable planting
and tree surgery practice.
C.
All trees which fail to survive for a period of two
years following planting shall be replaced by the permit holder at
no expense to the Village or the owner of the land, if other than
the permit holder. Said replacement shall be within 60 days following
written demand for such replacement from the Tree Commission or within
an extended period of time as may be specified.
Upon proof by the person seeking a tree permit
that compliance with the requirements of this chapter in terms of
planting of trees in replacement of those destroyed and for purposes
of screening is not feasible on the property, in whole or in part,
the Tree Commission may approve the payment by the person of a sum
or sums equivalent to the value of the trees destroyed, according
to generally accepted standards in the landscaping/landscape architecture
profession (i.e., International Society of Arboriculture Guidelines),
to be paid to the Village Tree Fund, which shall be held for the sole
purpose of planting and maintaining of trees on public land in the
Village in accordance with this chapter. Disbursement of moneys in
the Village Tree Fund shall be based upon the direction of the Tree
Commission.
All trees are protected in the Village according
to the foregoing legislation. Specimen tree species of any size designated
as "specimen" may not be removed unless the Tree Commission determines,
because of their condition, that they are a danger to persons or property
or that they are diseased and cannot be saved. The following trees
are further protected and shall be double value for appraisal purposes:
A.
This chapter shall be enforced by the Code Enforcement
Officer of the Village of Tarrytown except where such enforcement
is vested with the Highway Superintendent by the laws of the State
of New York.
[Amended 9-2-2008 by L.L. No. 13-2008]
B.
Any person violating any of the provisions of this
chapter shall be guilty of a violation and shall be fined the greater
of $500 or the replacement cost of any tree(s) improperly removed
pursuant to this chapter and/or imprisoned not to exceed 15 days.
Each day the violation continues shall constitute a separate offense.
The replacement cost shall be calculated based upon the cost to replace
the removed or damaged tree(s) with tree(s) having the same characteristics
and species. The replacement cost method will include the cost of
tree installation and utilize the usual and customary guidelines of
the Council of Tree and Landscape Appraisers (as noted in the Guide
to Plant Appraisal, 9th Edition or similar manual) and/or the American
Nursery and Landscape Association, the American Society of Consulting
Arborists, the American Society of Landscape Architects, the Associated
Landscape Contractors of America, the International Society of Arboriculture,
and the National Arborist Association.
C.
In addition thereto, any person violating any provision
of this chapter shall be subject to a civil penalty enforceable and
collectible by the Village in the amount of $200 each day the violation
continues for every tree.
