As used in this chapter, the following terms shall have the
meanings indicated:
ACTUAL OR ONGOING EMERGENCY CONDITION
A condition in which severe weather, storms, natural or nonnatural
causes severely affect the integrity of a tree and such condition
poses an immediate threat to life, property or the general public.
APPLICANT
Any individual, partnership, corporation, municipality or
other entity, together with employees, officers, directors, agents,
independent contractors or any lessee or contract-vendee of a parcel
of property, who or which owns any real property or portion of real
property within the jurisdiction of the Village.
APPROVING AUTHORITY
The Village of Fishkill, or its designee, shall be the approving
authority for tree removal permits. If an applicant appeals a decision
of the Village of Fishkill, then the Village of Fishkill Zoning Board
of Appeals shall be the approving authority for the duration of the
appeal.
CLEAR-CUTTING
Any removal of 30% or more trees that are each four inches
or more in DBH (diameter at breast height) over any five-year period
as determined on the basis of trees requiring a tree removal permit
on said property.
DBH (DIAMETER AT BREAST HEIGHT)
The diameter or caliper of a tree measured at a point 4 1/2
feet above ground level at the base of the tree on the uphill side.
INJURY
Any act that may cause a tree to die within a three-year
period from the date of the act, including, but not limited to, girdling,
soil compaction and storage of materials or equipment around the base
of the tree and within the dripline, stripping of bark, setting fires
on or near a tree, severe pruning, applying chemicals, or changing
the ground level within the dripline.
PRUNING
A method of cutting off leaves or branches within limits
in order to remove dead or diseased foliage or branches. Pruning is
also used to control or direct growth, to increase quality or yield
of flowers or fruit and to ensure growth position of main branches
to enhance structural strength.
SHRUB
A low-growing woody plant that is naturally smaller than
a tree and produces multiple stems instead of a single trunk. Shrubs
are either evergreen or deciduous.
STREET TREES
Trees on land lying between property lines on either side
of all streets, avenues and within the rights-of-way of the Village.
TREE
A living deciduous or coniferous plant with an erect perennial
trunk and a definitely formed crown of foliage.
TREE CANOPY
The uppermost layer of vegetation in woodland, or the upper
foliage and branches of an individual tree.
TREE PRESERVATION MAP
A plan of the property in question indicating the location,
species, DBH and condition of all trees six inches DBH or greater
and detailing the methods and practices to be used to provide protection
from injury during construction for all trees to be preserved. The
plan shall clearly identify all trees as being removed and to remain.
TREE TOPPING
The severe cutting back of limbs larger than three inches
in diameter within the tree's crown to stubs, to such a degree
so as to remove the normal canopy and disfigure the tree.
[Amended 8-27-2012 by L.L. No. 8-2012]
In the course of duties involving the service and repair of
existing public utility company facilities, employees thereof are
hereby authorized and permitted to prune, trim or alter trees, but
only to the extent reasonably necessary to protect and maintain those
facilities. Prior to commencing any substantial amount of nonemergency
tree trimming, said personnel shall give the Village at least 48 hours'
advance notice. There shall be no excessive cutting, pruning, or trimming
of tree branches. Employees shall remove all debris, including all
dead branches remaining in the trees, resulting from any maintenance
conducted. If a utility company proposes to completely remove any
tree, permission from the approving authority with a proper permit
must be obtained prior to any such tree removal.
Removal of any tree shall require the following actions:
A. All persons granted a tree removal permit shall be required to replant
native, noninvasive, minimum three-inch caliper trees.
B. The number of replacement trees shall be based on the recommendation
of the Village of Fishkill Planning Board or Village of Fishkill Architectural
Review Board.
C. All restoration work shall be completed within six months. An extension
shall be granted by the Village of Fishkill or its designee between
the months of November through February for an additional three months.
D. All restorative work shall be done in accordance with good and acceptable
planting and tree surgery practice.
E. All trees that fail to survive as a result of the restorative work
under this section for a period of two calendar years following planting
shall be replaced by the owner of the land. Said replacement shall
be within 60 days following written demand from the Village 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, the Village has the right to impose
penalties as set forth in the chapter.
The following activities are permitted without a tree removal
permit:
A. Removal of any tree under an actual or ongoing emergency condition
when such immediate tree removal is necessary for the protection and
preservation of life or property.
B. When conditions may warrant immediate need for removal of a tree,
the Village may permit such removal without obtaining additional approval
of the Village of Fishkill Planning Board or Architectural Review
Board. The reasons for such action shall be documented by the Building
Inspector or the Village designee.
Each violation of the provisions of this chapter shall be a
separate and distinct offense with a fine of $500 per offense. In
addition, the Village or its designee may order or direct a violator
to replace any or all trees removed illegally with a size and type
as determined by the Village.
The Village Code Enforcement Officer(s) is hereby authorized
to issue appearance tickets for violations of this chapter as well
as stop-work orders.
Nothing contained in this chapter shall be deemed to impose
any liability upon the Village, its officers, committees or employees,
nor to relieve the owner of any private property from the duty to
keep any tree, shrub or plant upon any area on his property or under
his control in such conditions as to prevent it from constituting
a hazard or an impediment to travel or vision upon any street, park,
public or private property within the Village.
If any clause, sentence, paragraph, section or part of this
chapter shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not affect, impair or invalidate the
remainder thereof but shall be confined in its operation to the clause,
sentence, paragraph, section or part thereof directly involved in
the controversy in which such judgment shall have been rendered.