[HISTORY: Adopted by the Board of Trustees
of the Village of Hastings-on-Hudson 12-2-1997 by L.L. No. 8-1997.
Amendments noted where applicable.]
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:
The diameter or caliper of a tree measured at a point 4 1/2
feet above the ground.
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]
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).
Any person, persons, firm, partnership, association, fiduciary,
corporation, company or organization of any kind including employees,
agents, contractors or subcontractors.
A living woody plant with a clearly formed crown of foliage
and with one or more trunks.
A plan of the property in question indicating the location,
species, dbh and condition of all designated trees, as defined above.
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.
A.
No person shall, without a tree removal permit, cut
down, otherwise destroy or injure any designated tree.
B.
No person shall intentionally, carelessly or negligently
cause petrochemicals, herbicides or other substances to penetrate
or be introduced into the soil in or about a designated tree's root
system so as to effectively kill or injure that tree.
C.
No person shall, without a tree removal permit, undertake
construction, alteration, addition, demolition or grading where such
actions will occur within 25 feet of any designated tree and which
would kill or injure that tree.
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.
Application for permit.
(1)
Application for a tree removal permit shall be made
in writing to the Building Inspector who, after consultation with
the Tree Preservation Board, shall issue or deny the permit.
(2)
The applicant shall file three copies of the tree
removal permit application with the Building Inspector. The application
shall include the following information:
(a)
The name and address of the applicant.
(b)
The address and Village Tax Map designation
of the property on which the tree(s) is/are located.
(c)
The total land area of the parcel and total
land area involved in the cutting operations.
(d)
The number of trees to be removed and the size
(dbh and approximate height) and species of each.
(e)
The reason for the tree removal of each tree.
(f)
The method by which the proposed tree(s) will
be removed.
(g)
The name of the individual or entity that will
effectuate the removal.
(h)
Tree survey.
[1]
In the case of site plans and subdivisions,
the tree survey shall be submitted to the Planning Board with a report
filed by the Tree Preservation Board as a part of the site plan or
subdivision construction plans; a survey of that section to be disturbed
and the adjacent twenty-five-perimeter not to be disturbed showing
the location of all trees regulated herein to an accuracy of one foot,
indicating those trees to be preserved, their species and their dbh;
or
[2]
Where no subdivision or site plan is involved,
the survey requirement may be eliminated and a simple sketch drawn
by the applicant may be sufficient. This sketch should include the
location of the trees requested for removal in relation to the property's
benchmarks and other information as may be necessary.
(i)
Proof that neighbors (properties adjacent to
the property on which the tree grows or which lie within 50 yards
of the tree in question) have been notified at least two weeks earlier
that a permit application for tree removal is being filed.
(j)
Any additional information as may be required
by the approving agency.
B.
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 consistent with good horticultural
or vegetation management and will not have an adverse effect on an
ecological system.
C.
The request for a tree removal permit of the designated
tree(s) should include proposed mitigation measures by the planting
of one or more new trees.
D.
Appeals from the Building Inspector's denial of a
tree removal permit shall be made to the Village Manager within 30
days after denial.
E.
A tree removal permit may be revoked by the Building
Inspector if it is determined that the permitted work has exceeded
the terms or scope of the tree removal permit.
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.[1]
[1]
Editor's Note: The fee schedule is on file
in the Village offices.
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[1]]
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.
A.
Any person violating any of the provisions of this
chapter shall be guilty of an offense punishable by a fine of no less
than $250 and not exceeding $5,000.
B.
Each violation to an individual designated tree shall
constitute a separate offense.
C.
Any person violating any of the provisions of this chapter shall be required, in addition to any penalty imposed under Subsections A and B above, to replace any tree removed with a tree of the same species, size and/or value, as may be determined by the Building Inspector. The Building Inspector may permit the new planting to differ from the size and number of the removed tree(s), particularly in cases where the removed tree was too large to feasibly be replaced by one of equal size.
D.
No building permit, demolition permit or certificate
of occupancy shall be granted until all provisions of this chapter
have been satisfied.
[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.
