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:
CERTIFIED ARBORIST 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.
CERTIFIED ARBORIST REPORT 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.
CRITICAL ROOT ZONE (CRZ) 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).
DBH (DIAMETER AT BREAST HEIGHT) 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:
A. 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.
B. If the tree is growing vertically on a slope, measure DBH from the uphill side of the slope.
C. If the tree is leaning, measure DBH in the direction of the lean.
D. 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.
DESTRUCTIVE PRUNING PRACTICES 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.
DOWNED TREE A tree that has fallen over or is broken and is lying on the ground or on a structure.
DRIPLINE 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.
GIRDLING An activity that removes or injures the bark of a tree trunk, typically extending around much of the tree’s circumference.
HAZARDOUS TREE 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:
A. 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.
B. Severe cracks in the main stem or in branch unions that penetrate deeply into the wood of the tree.
C. 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.
D. Leaning beyond 45° from vertical with evidence of recent root exposure, soil movement or soil mounding.
E. Supported solely by the action of another tree or object.
LANDSCAPE PLAN 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.
PREFERRED SPECIES LIST 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.
PROTECTED SHRUB 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.
PROTECTED TREE Any of the following:
A. A tree with a DBH of eight inches or more, regardless of location.
B. 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).
C. A tree with a DBH of three inches or more located on a steep slope (as defined elsewhere in Village Code).
D. 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.
E. A tree of historic or unique value to the Village (as defined herein).
F. 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.
PUBLIC PROTECTED TREE Any of the following:
A. A tree with a DBH of eight inches or more located on lands owned by the Village or land upon which easements are imposed for the benefit of the Village.
B. A tree, regardless of size, planted in a designated tree well or curbside in the public right-of-way.
REPLANTING AGREEMENT 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.
RESTORATION AGREEMENT 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.
TPC APPLICATION 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.
TREE OR SHRUB OF HISTORIC OR UNIQUE VALUE A. 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:
(1) "Champion" tree listed on an accredited tree registry, or shown to be of comparable size to such listed tree.
(2) Rare or endangered species on federal or state lists.
(3) 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.
B. The TPC maintains a list of trees and shrubs with historic or unique value; such list should not be deemed all-inclusive or complete.
TREE PRESERVATION COMMISSION (TPC) 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.
TREE REMOVAL PERMIT 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.
TREE RISK ASSESSMENT 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.
UTILITY DISTRIBUTION LINE VEGETATIVE MANAGEMENT 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. Removal of any tree not regulated by this chapter.
B. Removal of a downed tree.
C. Routine pruning or trimming of a tree to maintain health and natural habitat.
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.
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.