[HISTORY: Adopted by the Board of Trustees
of the Village of Irvington 10-1-2012 by L.L. No. 7-2012.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Parks and land — See Ch. 153.
Soil removal, excavations and landfills — See Ch. 175.
Streets and sidewalks — See Ch. 184.
Subdivision of land — See Ch. 188.
Zoning — See Ch. 224.
[1]
Editor's Note: This local law also repealed
former Ch. 202, Tree Preservation, adopted 7-17-2000 by L.L. No. 3-2000.
The Village of Irvington finds that the existence of trees within
the Village makes a fundamental contribution to the health, safety
and general welfare of Irvington citizens and the community at large.
Trees, in addition to their aesthetic benefits, are essential to riparian
habitat, wildlife, energy conservation, temperature moderation and
the healthy ecology of the area; trees help improve air quality and
reduce global warming. These benefits to the community and environment
increase as trees mature. Maturation of trees protects surface water
quality, provides shade, offers windbreaks, controls water pollution
by reducing soil erosion and flooding, offers a natural barrier to
noise, yields advantageous microclimates and fundamental ecological
systems. Trees, together with shrubs, contribute to property values
of residential and commercial establishments, and preserve and enhance
the natural beauty and appearance of the Village and its historic,
nonurban character. Our community’s investment in its tree resources
has accrued over many years. This investment can be rapidly squandered
by indiscriminate damage to and destruction of trees, especially mature
and/or specimen trees and shrubs. Unregulated destruction of trees
and unacceptable pruning practices cause barren and unsightly conditions,
increase municipal expense to control drainage and soil erosion problems,
impair the stability and value of developed and undeveloped property
and negatively impact the health, safety, environment, ecosystems
and general welfare of the inhabitants of the Village of Irvington.
This chapter establishes policies, regulations and standards necessary
to ensure that the Village will continue to realize the benefits provided
by our trees. The provisions of this chapter are enacted to:
A.
Control and regulate the indiscriminate cutting and
destructive or excessive pruning of trees.
B.
Increase species and age diversity of our tree population
to provide long-term stability of the aggregate canopy and ecosystem
by requiring replanting when trees are removed.
C.
Preserve our trees and the nonurban appearance of
our Village by encouraging owners of existing homes, vacant lands
and commercial parcels to save or replace mature tree species when
developing their parcels.
D.
Protect
public trees in municipal parks and easements.
E.
Facilitate
Village stewardship of air, water, land and living resources, to sustainably
protect the environment for the use of this and future generations.
For the purposes of this chapter, the following
words shall have the following meanings:
Building Inspector of the Village of Irvington or his/her
designee.
An individual who has obtained knowledge and competency in
arboriculture or forestry through an accredited body such as the International
Society of Arboriculture (ISA) arborist certification program, the
American Society of Consulting Arborists, the New Jersey Society of
Certified Tree Experts, the State of Connecticut Department of Environmental
Protection or the New York State Cooperating Consultant Forester Program.
A report prepared by a certified arborist containing specific
information on the tree(s) and/or shrubs to be removed, including,
but not limited to species, size, location, condition, structure,
height, crown integrity, crown spread, age, pruning history and presence
of pests or disease. The report shall include the arborist’s
name, address, business affiliation, certification information and
signature.
The area containing the volume of roots necessary for maintenance
of tree health and stability. The CRZ is determined as a circle with
a diameter calculated from the diameter at breast height (DBH) using
the equation (DBH x 1.5) x 2, which typically extends beyond the dripline
of the tree (defined below).
A standard measurement of tree size taken by measuring the
diameter of the trunk at a height of 4.5 feet above ground level.
Guidelines for determining DBH in some of the more complicated situations
are as follows:
If the tree has branches, bumps or forks that interfere with
DBH measurement, measure below that point and record the height at
which DBH was determined.
If the tree is growing vertically on a slope, measure DBH from
the uphill side of the slope.
If the tree is leaning, measure DBH in the direction of the
lean.
If the tree splits into several trunks close to the ground (i.e.,
has a multistemmed or low-branched habit), the DBH of the tree is
the sum of the DBH of each trunk.
Pruning of a mature tree in ways that are in violation of
best practices, as defined by the American National Standards Institute
Guidelines for Tree Pruning (ANSI A300, Part 1). Destructive pruning
practices include, but are not limited to, tree topping, defined as
cutting back large-diameter branches to stubs, and removal of more
than 25% of a tree’s canopy.
A tree that has fallen over or is broken and is lying on
the ground or on a structure.
The outermost limit of the canopy of a tree as delineated
by the perimeter of its branches and which, extended perpendicularly
to the ground, encloses the tree.
An activity that removes or injures the bark of a tree trunk,
typically extending around much of the tree’s circumference.
A tree that exhibits serious defects, that is, obvious and
visible signs that the tree is failing and that it presents an imminent
threat to the health and safety of persons, property, power lines
or places where people gather. Examples of serious defects include,
but are not restricted to, one or more of the following conditions:
Excessive damage by an act of God, usually a weather event such
as windstorm, lightning strike or flooding, with major broken branches,
split trunk, large cracks or other defects that cannot be corrected
by pruning.
Severe cracks in the main stem or in branch unions that penetrate
deeply into the wood of the tree.
Advanced decay associated with cracks, branch unions, cavities
in the tree or root flares and buttress roots. Evidence of fungal
activity, including mushrooms, conks, and brackets growing on root
flares, stems, or branches, can be indicators of advanced decay.
Leaning beyond 45° from vertical with evidence of recent
root exposure, soil movement or soil mounding.
Supported solely by the action of another tree or object.
A drawing of subject property showing the locations, quantities,
species, varieties and sizes of trees and/or shrubs to be planted.
The plan may also include the locations of existing trees and other
landscape features.
A list of tree or shrub species for various sites and conditions,
including such characteristics as "under wires," "native," "urban/street
tree," maintained by the TPC.
An established shrub, colony or area of shrubs and brushland
that is deemed to include rare or endangered plant species, serves
as a visual buffer, or provides important wildlife and/or environmental
benefits and services. Such services include, but are not limited
to, habitat, native food source, riparian buffer, forest conservation
buffer or location on a steep slope.
Any of the following:
A tree with a DBH of eight inches or more, regardless of location.
A tree with a DBH of three inches or more located in a wetland,
watercourse buffer or watershed buffer (as defined elsewhere in Village
Code).
A tree with a DBH of three inches or more located on a steep
slope (as defined elsewhere in Village Code).
A tree that has been planted as a specific requirement of site
development plan approval or as part of a previous replanting or restoration
agreement.
A tree of historic or unique value to the Village (as defined
herein).
A tree with a DBH of three inches or more designated by the
New York State Department of Environmental Conservation as a protected
native plant for our region.
Any of the following:
A written agreement between the property owner and the TPC
specifying types and sizes of trees and/or shrubs to be planted as
replacements for those that have been removed.
A written agreement between the property owner and the TPC
specifying types and sizes of trees and/or shrubs to be planted as
replacements for those that have been removed in violation of this
chapter.
A completed form entitled "tree removal permit application,"
available from the Village Clerk or the Village website, to be submitted
by any party wishing to remove one or more protected trees or shrubs
as outlined herein.
A tree or shrub with unique or noteworthy characteristics or
intrinsic value, including, but not limited to, species, age, location,
historical significance, ecological value, or incomparable or irreplaceable
aesthetic benefit to the community or environment. Examples include:
"Champion" tree listed on an accredited tree registry, or shown
to be of comparable size to such listed tree.
Rare or endangered species on federal or state lists.
Specimen tree or shrub exhibiting qualities such as noteworthy
leaf color or shape, peeling bark, floral display, fruit, overall
form or habit, unique wildlife habitat support, or rarity.
The TPC maintains a list of trees and shrubs with historic or
unique value; such list should not be deemed all-inclusive or complete.
A committee constituted by the Village Board of Trustees,
composed of volunteers with appropriate expertise to evaluate TPC
applications in accordance with the Irvington Tree Preservation Code
and to provide such expertise to the Village Board of Trustees, Planning
Board or any other Village officials as requested.
A permit approved by the TPC and duly issued by the Village
Clerk or designee pursuant to the terms of this chapter. The permit
consists of a written letter acknowledging which trees have been approved
for removal and is accompanied by a permit sign to be posted publicly.
The permit may also include additional compliance requirements such
as a replanting agreement or landscape plan.
A determination of the extent to which a tree is hazardous
using an industry-wide rating scale taken from A Photographic Guide
to the Evaluation of Hazard Trees in Urban Areas, published by the
ISA. Risk is rated by evaluating the probability of failure of the
tree, its size and the targets that could be damaged if it fails.
An ISA tree hazard evaluation form is available from the TPC.
The procedure by which electrical utility companies manage
potential or existing conflict between power lines and vegetation,
thereby minimizing tree-related power outages. While most vegetative
management involves tree trimming, trees that pose hazards to power
lines because of ill health, proximity to the lines or other problems
may be determined to be hazardous by the utility’s arborist
and be removed.
A tree removal permit is not required for:
A.
No person,
firm or corporation shall purposely, carelessly or negligently cut
down any protected tree or shrub, or take any action that will result
in the cutting down of any protected tree or shrub unless a tree removal
permit is obtained, as provided in this chapter.
B.
Notwithstanding
any other provision of this chapter, where protected tree or shrub
removal is proposed in connection with any site plan or subdivision
application submitted to the Planning Board for approval, protected
trees or shrubs may be removed from the affected property only in
conjunction with and subsequent to the approval by the Planning Board
of a final subdivision plat or final site development plan.
A.
Permits
for the removal of protected trees or shrubs may be granted under
the following circumstances:
(1)
The
protected trees or shrubs are in severe decline, diseased or damaged
such that they cannot, or should not, be saved.
(2)
The
removal of the protected trees or shrubs is otherwise necessary due
to their health or physical condition, according to good and accepted
arboricultural practices. To this effect, a written statement describing
the condition of the tree from a certified arborist is required as
part of the permit application, unless explicitly waived by the TPC.
(3)
The
protected trees or shrubs present an unacceptable risk to the person
or property of the owner, to the public, to public property or to
the person or property of an adjoining property owner. A tree risk
assessment should be performed and documented by a certified arborist.
Circumstances must be such that defects cannot be remedied by reasonable
pruning or cabling of the tree.
(4)
The
protected trees or shrubs are healthy but cause undue hardship by
substantially interfering with a permitted and intended use of the
property. No report from a certified arborist is required for a healthy
tree. However, the applicant should supply a description of the intended
use and why the protected trees or shrubs present an undue hardship.
B.
Replanting agreements: The TPC, as a condition of granting a tree removal permit, may require the applicant to replace any protected tree or shrub that is the subject of the application with one or more new tree(s) or shrub(s), in accordance with tree valuation criteria. (See § 202-11, Tree valuation.) The replanting agreement must be signed by the homeowner before a permit will be issued. A replanting agreement may also be required if a cumulative total of 10 or more tree removals are requested for a single property within a twelve-month period.
A.
TPC applications
must be made, in writing, according to rules and regulations set forth
by the Village Clerk’s office. The permit fee shall be as set
from time to time by the Board of Trustees and must be paid upon submission
of the application.
B.
Where the
removal of five or more trees is planned, a landscape plan indicating
the species and location of replacement plantings must also be attached
to the application.
C.
Applications
for tree removal permits shall be referred by the Village Clerk to
the TPC, which shall review and decide the applications within 30
days of receiving all required information. Failure of the TPC to
respond by the end of the review period results in automatic approval
and permit issuance.
D.
The application
for a permit gives implicit permission for members of the TPC to enter
onto the applicant's property to inspect protected trees or shrubs.
No advance notification of inspection visits will be given unless
specifically requested by the property owner. Such on-site inspections
shall be conducted at a reasonable time of day. TPC members may be
accompanied by a certified arborist, and photos may be taken for purposes
of site documentation.
E.
The TPC
decision and comments will be provided to the homeowner, in writing,
by the Village Clerk.
F.
If the
TPC approves the permit, the Village Clerk will issue both the permit
and a permit sign for public posting on the site at a location clearly
visible from the street. The sign must be posted at least three business
days before tree removal begins. Permits must be available on site
for presentation to TPC members, the Building Inspector or police
upon request while the removal is in progress.
G.
Tree removal
permits expire six months after the approval date.
A.
The provisions of § 202-6 above shall not apply for the removal of a hazardous tree under the following emergency procedure:
(1)
A TPC
application designated as an emergency removal is to be filed with
the Village Clerk, including required fees.
(2)
A waiting
period lasting until the end of the next business day is required
before removal action is taken. This waiting period allows time for
one or more TPC members to evaluate the tree and communicate their
findings to the Village Clerk. If approved, the Village Clerk will
issue a permit. Failure of the TPC to respond by the end of the waiting
period results in automatic approval and issuance of a permit.
(3)
The
waiting period may be waived if a certified arborist determines that
the tree must be removed immediately for safety reasons, and within
five business days, the Village Clerk is notified, in writing, that
an emergency removal action has taken place. Such notification shall
be by means of filing a post facto TPC application, with required
fees, containing sufficient documentation of the emergency event,
including a statement from a certified arborist or other qualified
expert and a written explanation of the circumstances and conditions
that gave rise to the need for immediate emergency removal, and shall
be accompanied by photographic documentation of the tree before and
after removal.
B.
Removal
of a protected tree based on an unreasonable reliance on this emergency
procedure, as determined by the TPC, shall be a violation of this
chapter.
C.
The emergency
procedure will be waived:
(1)
When
a tree is determined to be dangerous by a police officer, firefighter,
Public Works official or civil defense official acting in his or her
professional capacity during or in the aftermath of catastrophic events
or states of emergency.
(2)
When
tree removal is determined to be necessary by Fire Department personnel
actively engaged in fighting a fire.
No person, firm or corporation shall purposely, carelessly or
negligently take any action that will result in killing, destroying
or significantly degrading the immediate or long-term viability of
any protected tree or shrub. Such actions include, but are not limited
to:
A.
Removal
of a protected tree or shrub without a permit.
B.
Destructive
pruning practices.
C.
Use of
climbing spikes, nails or hooks, except for the purpose of total tree
removal in compliance with the requirements of this chapter.
D.
Girdling
or partial girdling or other significant bark damage.
E.
Compaction
of CRZ due to construction or other activity. Disallowed activity
within the CRZ includes traversal, access or parking by construction
vehicles; manual construction activities, excluding landscaping (unless
specifically authorized by an approved site development plan); excavation
and stockpiling of materials.
F.
Installation
of impervious surfaces over more than 25% of root zone.
G.
Severing
or trenching through more than 25% of the root zone.
H.
Grade change
exceeding three inches within the CRZ.
I.
Poisoning
in any manner.
A.
Public
protected trees may be removed only by a Village department or agency,
or by a firm or individual retained or duly authorized by the Village.
Removal of or damage to a public protected tree by any other person,
firm or corporation is a violation of this chapter.
B.
A TPC application
is not required for the Village to remove a public protected tree,
but notification of nearby property owners shall occur before a public
protected tree is removed (except in cases of emergency) by posting
a sign on the subject tree(s) for a period of at least three business
days before removal. Information such as an arborist report and any
test results leading to the Village department’s decision for
tree removal shall be made available to Village residents upon request.
Documentation of public protected trees that have been removed shall
be forwarded to the TPC.
C.
In the
case of tree removal as a part of utility distribution line vegetation
management, performed by the utility company’s contractors,
TPC applications and permit signs are not required. A list of trees
slated for removal by the utility shall be forwarded to the TPC before
tree removal begins.
A.
Fines.
Any person, firm or corporation that removes or causes to be removed
protected trees or shrubs without first obtaining the required tree
removal permit or who causes irreparable damage to a protected tree
in accordance with this chapter, or otherwise violates this chapter,
shall be guilty of a violation and, upon conviction, may be subject
to fines, including:
(1)
Mechanical
damage to a public protected tree, such as knocking over, breaking
or uprooting the tree, bark tearing, limb breakage, tree well damage
or damage to the tree roots caused by a vehicle: up to $500 per violation.
(2)
Violations
affecting a protected tree or shrub or public protected tree: up to
$500 per violation.
(3)
Violations
affecting a protected tree or shrub within a conservation easement,
wetland, watercourse or designated buffer area: up to $1,000 per violation.
(4)
Violations
affecting a tree or shrub of historic or unique value: up to $2,000
per violation.
(5)
Other
violations of this chapter: up to $2,000 per violation.
(6)
Fines
may be doubled if additional violations occur while an appeal process
is pending.
(7)
Each
tree or shrub shall be considered a separate violation.
(8)
Both
the property owner and the tree removal contractor may be held in
violation and fined separately.
B.
A restoration
agreement may be required in addition to any fines associated with
the violation.
C.
Restoration
agreements.
(1)
Any
person, firm or corporation that removes or causes to be removed protected
trees or shrubs without first obtaining the required tree removal
permit, or who cause irreparable damage to a protected tree in accordance
with this chapter, may be subject to a restoration agreement.
(2)
The restoration agreement may mandate planting one or more replacement trees or shrubs on the property that are of like quality and size to those removed in violation of this chapter. If like-sized replacement is not practical, replacement with a specific quantity of smaller-sized trees or shrubs may be required, as determined by an analysis of numbers and types of trees removed. (See § 202-11, Tree valuation.)
(3)
When
on-site restoration is determined by the TPC to be impractical or
undesirable, an equivalent monetary value amount may be paid into
the Village General Fund.
(4)
To
assist the TPC in determining the elements of the restoration agreement,
the services and reporting of a consulting arborist or horticultural
consultant may be required. Fees for consultant services will be the
responsibility of, and billed to, the violator.
(5)
Restoration
planting shall be completed within six months of execution of the
restoration agreement. The applicant shall contact the Village Clerk
within 10 business days after restoration work has been fully completed
so that a final site inspection can be carried out. If seasonal planting
requirements prevent the timely completion of restoration, the time
line may be extended by the TPC or the Building Inspector.
(6)
No
certificate of occupancy shall be issued by the Building Inspector
until the restoration work is completed to the reasonable satisfaction
of the Building Inspector, subject to conditions as he shall prescribe.
(7)
If
trees included in the restoration agreement fail to survive for a
period of two calendar years following planting, they shall be replaced
by the property owner with identically specified plants unless a modification
of the restoration agreement is obtained via TPC review and approval.
Said replacement shall be within 60 days following written demand
from the TPC for such replacement, or within an extended period of
time as may be specified. Should the property owner fail to replace
the trees pursuant to demand within the required period of time, they
may be subject to penalties as set forth in this chapter.
D.
Bond requirement.
A bond to be approved by the Village Attorney may be required by the
TPC in support of the restoration agreement to guarantee its expeditious
fulfillment or to ensure that the new plantings are maintained for
a period of two years. Failure to meet the agreed-upon plant sizes
and species, time line or maintenance requirements may result in forfeiture
of the bond.
A.
In the
case of nonviolation conditions, tree valuation is defined as "equivalent
diameter inches," i.e., a twenty-inch DBH tree would be deemed equivalent
to up to twenty-inch caliper of replacement trees. Replacement trees
are suggested by the TPC based upon the preferred species list. The
numbers, sizes and types of trees required for replacement will be
specific to each situation.
B.
In the
case of violation conditions, or to determine any bond requirement,
the tree valuation calculation may include a dollar value estimate
for trees that were too large to be replaced directly. This is achieved
using the industry standard "trunk method" formula written by the
Council of Tree and Landscape Appraisers. This formula takes into
account four key factors: size, species, condition and location.
Any person or entity that is the subject of any decision under
this chapter may appeal such decision by notifying the Village Clerk
and scheduling a meeting with the TPC. If the issues cannot be resolved,
further appeal can be made to the Village Board of Trustees by giving
written notice of such appeal to the Village Clerk. The decision of
the Village Board of Trustees on any such appeal shall be deemed to
be the final decision of the Village of Irvington.
A.
The Village
Board of Trustees hereby creates a Tree Preservation Commission (TPC),
which shall consist of no fewer than five members to be appointed
by the Board for two-year terms, and no more than three such terms
shall expire in any single year. TPC members shall be Village residents
and shall have general knowledge of trees and shrubs and their planting
and maintenance. TPC members shall receive no compensation for their
services. A chairperson shall be selected by the TPC and approved
by the Board of Trustees.
B.
Responsibilities
and duties of the TPC shall include:
(1)
Site
visits to evaluate the conditions of trees and shrubs subject to TPC
applications.
(2)
Permit
approval or disapproval based on its findings.
(3)
Specification
of replanting or restoration agreements.
(4)
Review
and documentation of violation conditions.
(5)
Participation
in the appeal process as outlined herein.
(6)
Education
of Village residents about tree preservation, tree risk assessment,
appropriate tree choices for given site conditions and any other aspects
of tree stewardship.
(7)
Advising
Village boards, committees or departments on tree-related matters.
(8)
Reviewing
site development plans or environmental impact statements upon request
by the Planning Board.
(9)
Consulting
with the DPW regarding utility vegetation management or street tree
issues.
C.
The TPC
shall meet monthly or as often as necessary in a public meeting to
conduct pertinent business and shall act promptly on applications
and appeals. All procedural determinations and decisions made by the
TPC shall be by a majority vote; in an emergency, determinations can
be made by the chairperson. Determinations of the TPC shall be final,
except that they shall be subject to an appeal process, as provided
herein.
D.
The TPC
is authorized and empowered to obtain the advice of persons qualified
by reason of professional training in the growing and maintaining
of trees and shrubs upon prior approval of anticipated costs by the
Village Administrator.
