The destruction or damage to shade, ornamental
and evergreen trees and plants and the indiscriminate and excessive
cutting of these trees in subdivisions and on private property causes
barren and unsightly conditions, creates increased surface drainage
problems, increases municipal costs to control drainage, impairs the
stability and value of improved and unimproved real property and causes
deterioration to the community which adversely affects the health,
safety, environment, ecosystems and general welfare of the inhabitants
of the Village of Hastings-on-Hudson. This chapter seeks to correct
these conditions.
As used in this chapter, the following terms
shall have the meanings indicated:
DESIGNATED TREE
Any tree as defined in this chapter which has a dbh of eight
inches or more.
[Amended 10-19-2021 by L.L. No. 5-2021]
INJURY TO TREES
Any act which weakens the tree or which significantly alters
its form. This may be injury to the stems, trunk or roots of the tree
and may include the following acts: removal of significant numbers
of the branches (over-pruning), girdling or partial girdling of the
tree trunk, large excavations near (within 25 feet) the tree, compaction
of the roots such as caused by heavy construction equipment near (within
25 feet) a tree and poisoning (such as by addition of brine, oil,
gasoline, etc., to the ground around a tree).
PERSON
Any person, persons, firm, partnership, association, fiduciary,
corporation, company or organization of any kind including employees,
agents, contractors or subcontractors.
TREE
A living woody plant with a clearly formed crown of foliage
and with one or more trunks.
TREE PRESERVATION MAP
A plan of the property in question indicating the location,
species, dbh and condition of all designated trees, as defined above.
TREE REMOVAL PERMIT
A written authorization to remove one or more designated
trees pursuant to this chapter.
[Amended 10-19-2021 by L.L. No. 5-2021]
This chapter shall apply to any lot.
Under this chapter, all persons shall be held
responsible for any actions of their contractors or subcontractors.
All applicants for subdivision. site plan review
or other development requiring tree removal shall be required to submit
to the Building Inspector a tree preservation map identifying all
designated trees on portions of the site to be developed.
A tree removal permit application for tree removal
shall be accompanied by a fee to be determined by the Village Board
by resolution and set in the fee schedule.
Removal of any designated tree shall require
the following actions:
A. The tree trunk, limbs, stump and any roots remaining
above grade shall be completely removed.
B. The disturbed area shall be restored by backfilling,
replanting and/or reseeding.
C. Tree removal and restoration shall conform to guidelines
promulgated by the Board of Trustees pursuant to this chapter.
[Added 3-5-2019 by L.L. No. 4-2019]
Trees on the Village streets shall not be removed or disturbed
without permission of the Board of Trustees, and any tree removed
for any reason shall be replaced with new trees in the nearest practical
location designated be either the Board of Trustees or Superintendent
of Public Works. The cost of replacement shall be borne by the one
desiring the removal or the one benefiting thereby. The size and variety
of new trees shall be as required by the Village. No poplar trees
shall be planted within 50 feet of any sewer or sewer branch.
If a designated tree poses an immediate threat
to the health, safety or welfare of a person or property, that tree
may be removed without a tree removal permit. In the event that any
designated tree is removed pursuant to this section, within three
days after such removal, the person on whose property the tree is
located shall submit to the Building Inspector a letter or other documentation
explaining and confirming the nature and extent of the immediate threat.
The Building Inspector may require, in his/her discretion, documentation
from a certified arborist.
[Amended 7-15-2003 by L.L. No. 3-2003]
A. There is hereby created a Tree Preservation Board
which shall serve in an advisory capacity to the Superintendent of
Public Works, Building Inspector and Planning Board.
B. The Tree Preservation Board shall consist of three
members appointed by the Village Manager. The members of the Tree
Preservation Board shall elect one of their members as Chairperson.
C. Members of the Tree Preservation Board shall serve
for a term of two years. Members of the Tree Preservation Board shall
serve without compensation.
This chapter shall be enforced by the Building
Inspector of the Village of Hastings-on-Hudson.