The Town of New Castle finds and declares that the preservation
of trees within the Town is necessary to protect the health, safety
and general welfare of the Town of New Castle because trees provide
shade, impede soil erosion, aid water absorption and retention, inhibit
excess runoff and flooding, enhance air quality, offer a natural barrier
to noise, provide a natural habitat for wildlife, provide screening,
enhance property values and add to the aesthetic quality of the community.
Trees also can reduce air-conditioning costs by providing shade and
can reduce cooling and heating costs by serving as windbreaks, resulting
in energy efficiency for the heating of buildings. Trees reduce levels
of carbon dioxide and return oxygen to the atmosphere, and buffer
views of development. By maintaining the existing character of the
Town, they enhance property values and contribute to the significance
of historic buildings, structures and places in the Town. Trees serve
as an amenity that satisfies residents' psychological and aesthetic
needs.
As used in this chapter, the following terms shall have the
meanings indicated:
APPLICANT
A person requesting a tree removal permit from the Town or
a person to whom a tree removal permit has been given.
APPROVING AUTHORITY
The Town Environmental Coordinator shall be the approving
authority, except that the Planning Board shall be the approving authority
for any tree removal permit application that is associated with property
subject to a pending site plan, subdivision, special permit or other
environmental permit application in accordance with the zoning requirements
of the Town of New Castle. The Zoning Board shall be the approving
authority for any tree removal permit application that is associated
with property subject to a pending special permit application before
the Zoning Board that is not subject to any Planning Board permit
(e.g., wetland permit, steep slopes permit, stormwater pollution prevention
plan).
ARBORIST
An individual who has demonstrated knowledge and competency
as evidenced by a current International Society of Arboriculture arborist
certification.
CALIPER
The standard for trunk measurement of nursery stock. The
caliper of the trunk shall be taken six inches above the ground for
up to and including four-inch caliper size, and 12 inches above the
ground for trees of larger diameters.
CLEARING
Removal of 10 or more trees in a quarter-acre area on any
lot within a calendar year.
CRITICAL ROOT ZONE
The minimum area beneath a tree in a concentric circle centering
on the subject tree's trunk with a radius equal in feet to 1.5 times
the number of inches of the trunk's diameter at breast height (4.5
feet).
DEAD TREE
A tree that is dead or that has been determined by a certified
arborist to be damaged beyond salvaging or in an advanced state of
decline (where an insufficient amount of live tissue, green leaves,
limbs or branches exist to sustain life).
ENVIRONMENTAL COORDINATOR
The Environmental Coordinator of the Town of New Castle,
New York, or the person acting in that capacity, as designated by
the Town Board.
HAZARDOUS TREE
A tree that possesses a structural defect or one whose location
and/or position poses a foreseeable danger to persons or property,
as determined by the Town Arborist, or certified arborist in consultation
with the Town Arborist.
INJURY
Damage to a tree foreseeably leading to tree death or permanent
damage to tree health, including a wound resulting from any activity,
including but not limited to excessive pruning, cutting, trenching,
excavating, altering the grade, paving or compaction, bruising, scarring,
tearing or breaking roots, bark, trunk, branches or foliage or application
of herbicide or poisoning. A wound resulting from normal pruning shall
not constitute an "injury" for purposes hereof.
PERSON
Any individual person, firm, partnership, association, corporation,
company, organization or legal entity of any kind, including public
agencies and municipal corporations.
PLANNING BOARD
The Planning Board of the Town of New Castle, New York.
REGULATED LANDSCAPE BUFFER ZONE
A natural and/or landscaped area consisting of vegetative
screening measured from each property line of a residentially zoned
property towards the interior of such property as follows:
A.
R-2A One-Family Residence District: 25 feet.
B.
R-1A One-Family Residence District: 15 feet.
C.
R-1/2A One-Family Residence District: 10 feet.
D.
R-1/4A One-Family Residence District: five feet.
REMOVAL
Any of the following:
A.
Removal of a tree, including substantial cutting so that only
the trunk or trunk fragments remain.
C.
Pruning of more than 25% of the crown of a tree within one calendar
year.
D.
The following are excluded from the definition of removal:
(1)
Tree removal, injury or pruning of more than 25% caused by acts
of God or natural occurrences;
(2)
The salvaging, repair and necessary pruning of trees so damaged;
and
(3)
The removal of any dead tree caused by such damage.
SELECTIVE CUTTING
The periodic removal of individual trees or small groups
of trees from a large area so that the age and size classes of trees
within an area are mixed, both in age and diameter, to improve overall
sustainability of the forest.
SPECIMEN TREE
A tree with a DBH of 18 inches or larger, and small native
or ornamental flowering trees with a DBH of eight inches or larger.
STREET TREE
Any tree growing within the street right-of-way, outside
of private property.
STRUCTURAL DEFECT
Any natural occurring or secondary conditions such as cavities,
poor branch attachment, cracks, or decayed wood in the trunk, crown,
or roots of a tree that may contribute to structural failure.
TIMBER HARVESTING
Any operation in which a landowner or representative of the
landowner removes trees for commercial purposes. "Timber harvest"
shall include only selective cutting of timber.
TOWN
The Town of New Castle, New York.
TOWN ARBORIST
The Environmental Coordinator of the Town of New Castle shall
be the Town Arborist provided the Environmental Coordinator is an
arborist as defined in this chapter.
TOWN BOARD
The Town Board of the Town of New Castle, New York.
TREE
Any living woody plant with a DBH of four inches or more.
TREE BANK FUND
A fund to be established and administered by the Town Board providing for the payment of fees as mitigation for removal of trees where tree replacement requirements cannot be met on-site. Refer to §
121-8 for more details regarding Tree Bank Fund.
TREE REMOVAL PERMIT
A permit granted under this chapter, which allows the removal
of regulated trees as defined herein.
TREE REPLACEMENT
The number of trees to be replaced as part of the permit requirements for securing a tree removal permit as provided in §
121-6.
TREE REPLACEMENT PLAN (TRP)
A plan that identifies areas where existing trees are to
be preserved and where proposed replacement trees are to be planted
on a property to meet minimum requirements, as well as methods of
tree protection to be undertaken on the site and other pertinent information.
WILDLIFE HABITAT
The arrangement of food, water, shelter or cover and space
necessary to ensure the existence and survival of wildlife.
ZONING BOARD
The Zoning Board of Appeals of the Town of New Castle, New
York.
Except as provided in §
121-4, Activities permitted by right, or as otherwise described below, it shall be unlawful to conduct, directly or indirectly, any of the following activities within the territory of the Town of New Castle, unless and until a tree removal permit shall have been obtained pursuant to §
121-5:
B. Within the regulated landscape buffer zone, any removal of a tree
with a DBH of four inches or more.
C. Outside of the regulated landscape buffer zone, any removal of a
tree with a DBH of eight inches or more.
D. Any removal of a specimen tree.
E. Removal of any street tree within the Town's designated right-of-way.
F. Work to be conducted on or within the critical root zone of any street
tree.
The following activities are permitted by right without the
requirement of a permit:
A. Removal of any tree not regulated by this chapter.
B. Removal of any dead tree, hazardous tree or other tree that creates
an actual or ongoing emergency condition. The Environmental Coordinator
may request verification and/or photograph documentation, which demonstrates
that such tree was dead, hazardous or created an actual or ongoing
emergency.
C. Forest management activities:
(1) On property assessed under § 480-a of the Real Property
Tax Law and for which a certificate of approval by the New York State
Department of Environmental Conservation (NYSDEC) is on file with
the Town; or
(2) On property participating in any other NYSDEC approved forest management
or stewardship program, for which a NYSDEC approved forest management
or stewardship plan is on file with the Town, and which is undertaken
in accordance with best management practices of forestry accepted
by NYSDEC and the provisions of that program or plan.
D. Any removal of trees to be done by or on behalf of the Town of New
Castle.
E. Any removal of trees required by public entities, agencies or electrical
utilities that by operation of law are exempt from the permit requirements
of this chapter. All public entities, agencies and electrical utilities
shall provide notification to the Town Arborist and to the property
owner of property where tree removal will be conducted, prior to the
removal of any tree or trees.
F. Removal of any tree, except any tree in the regulated landscape buffer zone provided in §
121-3B, by a cemetery association regulated by the New York State Division of Cemeteries.
Any permit issued pursuant to this chapter may contain such
conditions as the approving authority deems necessary to ensure compliance
with the legislative intent of this chapter.
The tree removal permit shall be valid for one year from the
date of its issuance, including approved tree removals and any required
tree replacements, or other permit conditions, unless a different
term is otherwise specified by the approving authority. All tree removal
permits shall expire upon completion of the work specified therein.
The validity of any work duly completed pursuant to an existing tree
removal permit shall not be affected by the expiration of the tree
removal permit, but such work shall not be continued beyond the expiration
date. Tree removal permits may be renewed by the approving authority
upon application submitted at least 21 days before the expiration
of the original tree removal permit. Standards for issuance of renewals
shall be the same for the issuance of tree removal permits.
No tree removal permit granted pursuant to this chapter shall
remove an applicant's obligation to comply in all respects with the
applicable provisions of any other federal, state or local law or
regulation, including but not limited to the securing of any other
required tree removal permit or approval.
Any site for which an application has been submitted shall be
subject to inspection upon notice to the property owner and applicant
at any reasonable time, including weekends and holidays, by the approving
authority or its designated representatives. The applicant, by making
application for such tree removal permit, shall be deemed to have
given its consent to such inspection.
If any provision of this chapter shall be held for any reason
to be invalid, such determination shall not invalidate any other provision
hereof, which other provisions shall remain in full force and effect.