[HISTORY: Adopted by the Town Board of the Town of North Castle as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Excavations — See Ch. 157.
Subdivision of land — See Ch. 275.
Zoning — See Ch. 355.
ATTACHMENTS
Attachment 1 - Appendix A, Recommended Street Trees
[Adopted 5-14-1987 (Ch. 191 of the 1987 Code)]
As used in this article, the following terms shall have the meanings indicated:
PARK TREES
Trees, shrubs, bushes and all other woody vegetation in public parks having individual names.
STREET TREES
Trees, shrubs, bushes and all other woody vegetation on land lying between property lines on either side of all streets, avenues or ways within the Town.
A. 
Creation and establishment of Tree Board. There is hereby created and established a Town Tree Board for the Town of North Castle, State of New York, which shall consist of five members, citizens and residents of this Town who shall be appointed by the Town Board. The Superintendent of Recreation and Parks shall be an ex officio member of such Board and shall act as liaison between the Tree Board and Town Board.
B. 
Term of office. All members serve at the pleasure of the Town Board.
C. 
Compensation. Members of the Board shall serve without compensation.
A. 
Duties and responsibilities. It shall be the responsibility of the Board to study, investigate, counsel and develop and/or update annually and administer a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks, along streets and in other public areas. Such plan will be presented annually to the Town Board and, upon its acceptance and approval, shall constitute the Official Comprehensive Town Tree Plan for the Town of North Castle, State of New York. The Board, when requested by the Town Board, shall consider, investigate, make findings, report and recommend upon any special matter of question coming within the scope of its work.
B. 
Operation. The Board shall choose its own officers, make its own rules and regulations and keep a journal of its proceedings. A majority of the members shall be a quorum for the transaction of business.
A. 
Spacing. The spacing of street trees will be in accordance with the three species size classes listed in § 308-4[1] of this article, and no trees may be planted closer together than the following: small trees, 30 feet; medium trees, 40 feet; and large trees, 50 feet; except in special plantings designed or approved by a landscape architect or the Town Tree Board.
[1]
Editor's Note: See Appendix A, included as an attachment to this chapter.
B. 
Distance.
(1) 
Distance from curb and sidewalk. The distance trees may be planted from curbs and sidewalks will be in accordance with the tree species size classes listed in § 308-4 of this article, and it is recommended that no trees be planted closer to any curb or sidewalk than the following:
(a) 
Small trees: two feet.
(b) 
Medium trees: three feet.
(c) 
Large trees: four feet.
(2) 
Distance from street corners and fireplugs. No street trees shall be planted closer than 35 feet to any street corner, measured from the point of nearest intersecting curbs or curblines. No street tree shall be planted closer than 10 feet from any fireplug. No street tree should be planted in an area restricted for the purpose of maintaining sight distances.
C. 
Utilities. No street trees other than those species listed as small trees in § 308-4 (see Appendix A[2]) of this article may be planted under any overhead utility line. Only those trees recommended in § 308-4 (see Appendix A) may be planted within five lateral feet of any overhead utility line. When space is available, a tree should be planted a minimum distance of 1/2 of the mature crown width (radius) away from any overhead utility wire. No tree should be planted over or within five lateral feet of any underground waterline, sewer line, transmission line or other utility.
[2]
Editor's Note: Appendix A is included as an attachment to this chapter.
A. 
The Town shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds.
B. 
The Town Tree Board may remove, or cause or order to be removed, any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electrical power lines, gaslines, waterlines or other public improvements or is affected with any injurious fungus, insect or other pest. This section does not prohibit the planting of street trees by adjacent property owners, provided that the selection and location of said trees is in accordance with §§ 308-4 and 308-5 of this article.
It shall be unlawful as a normal practice for any person, firm or Town department to top any street tree, park tree or other tree on public property. "Topping" is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this article at the determination of the Town Tree Board.
Every owner of any tree overhanging any street or right-of-way within the Town shall prune the branches so that such branches shall not obstruct the light from any streetlamp or obstruct the view of any street intersection and so that there shall be a clear space of eight feet above the surface of the street or sidewalk. Said owners shall remove all dead, diseased or dangerous trees or broken or decayed limbs which constitute a menace to the safety of the public. The Town shall have the right to prune any tree or shrub on private property or right-of-way when it interferes with the proper spread of light along the street from a streetlight or interferes with the visibility of any traffic control device, sign or obstruction of roadway visibility.
A. 
Dead or diseased tree removal on private property. The Town shall have the right to cause the removal of any dead or diseased trees on private property within the Town when such trees constitute a hazard to life and property or harbor insects or disease which constitute a potential threat to other trees within the Town. The Town Tree Board will notify, in writing, the owners of such trees. Removal shall be done by said owners at their own expense within 60 days after the date of service of notice. In the event of failure of owners to comply with such provisions, the Town shall have the authority to remove such trees and charge the cost of removal on the owner's property tax notice.
B. 
Removal of stumps. All stumps of street and park trees should be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground.
C. 
Healthy street trees. In order to protect the Town's investment in time and resources in the street tree program, it shall be unlawful to remove any healthy street tree without prior approval of the Town. The Tree Board, Highway Department and Building Inspector shall work together in determining any street tree removal.
[Amended 4-29-2020 by L.L. No. 3-2020]
Any person who violates this article, upon conviction thereof, shall be punishable by a fine of up to $1,000 per day per violation or by imprisonment for a term not to exceed 15 days, or by both such fine and imprisonment. Each day's continued violation shall constitute a separate additional violation.
[Adopted 5-29-2002 by L.L. No. 4-2002 (Ch. 192 of the 1987 Code)]
The Town of North Castle finds and declares that the preservation of trees, as defined herein, within the Town is necessary to protect the health, safety and general welfare of the Town of North 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.
As used in this article, 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 Building Inspector or his designee or other approving authority to whom oversight of this article is given by the Town Board, except that the Planning Board shall be the approving authority for any application that is also the subject of a pending site plan or subdivision application in accordance with the zoning requirements of the Town of North Castle.[1]
CLEARING/THINNING
Any cutting of more than five trees of eight inches in diameter or more in any one-quarter-acre area within a twelve-month period, with such area being measured as a square with each side measuring 104 feet.
CONSERVATION BOARD
The Conservation Board of the Town of North Castle, New York.
DIAMETER AT BREAST HEIGHT (DBH)
A standard measurement of trees made at 4 1/2 feet above ground level on the uphill side.
LANDSCAPE BUFFER ZONE
Areas of vegetative screening or landscaping established pursuant to any provision of the North Castle Town Code.
MAJOR PROJECT
An activity or activities requiring a tree removal permit, which activity does not qualify as a minor project, and which tree removal is being performed in conjunction with activities requiring Planning Board, Town Board, Conservation Board and Building Department review and/or approval or other permit applications. A major project shall include activities requiring subdivision and site plan approval, special use permits, building permit, wetland and excavation or other permits.
MINOR PROJECT
An activity or activities requiring a tree removal permit, which tree removal is being performed on a parcel of land occupied by a dwelling, and which other activities requiring permit applications are not required on the parcel (i.e., not requiring subdivision and site plan approval, special use permit, building permit, wetland and excavation permits or other permits).
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 North Castle, New York.
PUBLIC TREE
Any tree growing in a public road right-of-way, public park or in any other public place. Public trees are regulated in Article I, Planting and Maintenance, of this article.
REGULATED ACTIVITY
The meaning specified in § 308-13 herein.
REGULATED SETBACK ZONE
Areas of vegetative screening or landscaping measured from each property line of a residentially zoned property towards the interior of such property.
District
Regulated Setback Zone
(feet)
R-4A One-Family Residence District
25
R-2A One-Family Residence District
15
R-1.5A One-Family Residence District
12
R-1A One-Family Residence District
10
All other Residence Districts
5
SIGNIFICANT TREE
Twenty-four-inch or greater DBH at 4 1/2 feet.
STREET TREE
Trees on land lying between property lines on either side of all streets, avenues or ways within the Town.
TOWN
The Town of North Castle, New York.
TOWN BOARD
The Town Board of the Town of North Castle, New York.
TREE
Any living, woody plant which has a DBH of eight inches or more.
TREE REMOVAL
Any act which will cause a tree to die within a one-year period.
TREE REMOVAL PERMIT
A permit granted under this article which allows the removal of regulated trees as defined herein.
WILDLIFE HABITAT
The arrangement of food, water, shelter or cover and space necessary for wildlife existence.
[1]
Editor's Note: See Ch. 355, Zoning.
Except as provided in § 308-14, it shall be unlawful to conduct, directly or indirectly, any of the following activities in the Town of North Castle unless a permit is obtained pursuant to § 308-15:
A. 
Removal of a tree within a property's regulated setback zone or landscape buffer zone.
B. 
Removal of a significant tree.
C. 
Removal of any tree in wetlands, within clearing lines or conservation easements.
D. 
Clearing/thinning.
E. 
Removal of any street tree within the right-of-way.
F. 
Removal in any calendar year of more than 10 trees on any lot.
The following activities are permitted by right:
A. 
Removal of any tree not regulated by this article.
B. 
Removal of any tree under an actual or ongoing emergency condition when such tree removal is necessary for the protection and preservation of life or property.
C. 
Forest management activities on properties under § 480-a of the Real Property Tax Law.
D. 
Removal of any tree, other than in the area set forth in § 308-13, by a cemetery association regulated by the New York State Division of Cemeteries. In the event that such cemetery association applies for a permit pursuant to § 308-13B, such application may be in the name of the cemetery association and not in the name of individual plot owners.
A. 
Any person proposing to conduct or cause to be conducted a regulated tree removal shall file an application for a permit with the approving authority as hereinafter provided:
(1) 
The name and address of the property owner and applicant, if different.
(2) 
The Tax Map designation and addresses of the property.
(3) 
A statement of owner's consent should the applicant be someone other than the owner.
(4) 
Application fee.
(5) 
A deed of the property, which shall clarify all easements or other restrictions encumbering the subject property.
(6) 
Survey of the property showing boundary lines; existing buildings, driveways and other improvements; conservation easements; landscape buffer zones, wetlands and their setbacks, clearing and grading limit lines; and regulated setback zones.
(7) 
Tree survey showing those trees designated for removal, other trees within 50 feet of trees proposed for removal and the location of trees removed within the past 12 months. The survey should indicate size, species and any special condition of the tree. Where other activities are proposed in conjunction with this application, all trees within and adjacent (50 feet) to the proposed work should be shown.
(8) 
A detailed statement of the proposed action which includes a description of the tree(s) proposed to be removed, an explanation of why the trees must be removed, an evaluation of alternatives for relocating improvements in an effort to reduce tree removal and an explanation of the relationship of the tree removal to neighboring properties.
(9) 
A plan delineating all improvements, site grading and disturbance proposed on the subject property. [If appropriate, Subsection A(9), (10) and (11) may be included on a single plan.]
(10) 
A plan detailing measures to be employed to stabilize the ground surface upon removal of the trees. [If appropriate, Subsection A(9), (10) and (11) may be included on a single plan.]
(11) 
A plan detailing the replacement proposed to mitigate impacts from the proposed tree removal. [If appropriate, Subsection A(9), (10) and (11) may be included on a single plan.]
(12) 
Such other information the approving authority determines necessary to fully evaluate the application.
B. 
Minor projects may proceed under the application process without submission of detailed plans if such activities are determined not to be significant by the approving authority. However, at a minimum, the applicant must provide sufficient delineation and/or documentation of property lines, easements, clearing and grading limits and setbacks in areas where trees are to be removed. For minor projects, upon the request of the applicant, the approving authority shall field visit the property in an effort to determine if the application can be processed without full compliance with items required for submission as outlined within Subsection A above.
C. 
An application fee in such amount as set forth in the Master Fee Schedule shall be submitted with the filing of the application. A separate application and fee shall be required for each lot, in such amount as set forth in the Master Fee Schedule.[1]
[Amended 8-14-2013 by L.L. No. 7-2013]
[1]
Editor's Note: See Ch. A370, Master Fee Schedule.
D. 
All information relating to a permit application, including but not limited to the application itself, and additional required materials or information (if any) shall be maintained on file in the office of the Town Building Department.
E. 
Applications for permits under this article shall be submitted no less than 14 calendar days prior to the proposed tree removal date, but no more than one year prior to the tree removal date.
F. 
Application for permits may relate to multiple activities regulated under this article and may be issued for activity to take place during the twelve-month period following the issuance of the permit, it being the intent of this article that one permit per year, irrespective of the amount and nature of tree removal, shall be required. It is further the intent of this article that, with the exception of significant trees, specific trees need not be identified in the application.
A. 
The approving authority's determination to grant, deny or grant with conditions a tree removal permit under this article shall be consistent with the purposes and findings of this article as set forth in § 308-11 of this article and shall consider the following factors:
(1) 
The environmental impact of the proposed tree removal.
(2) 
The possible or practicable alternatives to the proposed tree removal using tree protective methods such as temporary fencing during construction, minimizing grading, and tunneling to reduce trenching across tree roots.
B. 
Determination under this section as to the environmental impact of the proposed tree removal may take into consideration whether:
(1) 
The tree or trees are in poor health with an expected lifespan less than two years as determined by a professional forester, landscape architect or arborist.
(2) 
The tree or trees are located within existing or proposed improvements, especially if they are within:
(a) 
Three feet of an existing or proposed sidewalk or driveway.
(b) 
Twenty feet of an existing or proposed cesspool, dry well, leaching pit, septic tank or field or other subsurface improvement.
(c) 
Fifteen feet of an existing or proposed driveway.
(d) 
Thirty feet of any other existing or proposed structure.
(3) 
The tree removal(s) will have a positive effect upon:
(a) 
Drainage patterns in the vicinity.
(b) 
Growth of existing or proposed adjacent vegetation.
(c) 
The health, safety or welfare of the residents of North Castle or its neighboring communities.
(d) 
Wildlife habitat as defined in § 308-12.
(4) 
The landowner will replant replacement trees of a similar or different species or add other vegetative material or fencing or terracing or other similar measures to offset the negative effects of tree removal.
(5) 
The removal of trees is pursuant to New York State Department of Environmental Conservation Timber Harvesting Guidelines for New York and the Forestry Practice Standards.
C. 
Determinations under this section as to possible and practical alternatives to the proposed tree removal may take into consideration whether:
(1) 
The landowner will replant replacement trees of a similar or different species or add other vegetative material or planted terracing or other similar measures to offset the negative effects of tree removal.
(2) 
Removal of trees is pursuant to New York State Department of Environmental Conservation Timber Harvesting Guidelines for New York and the Forestry Practice Standards.
D. 
With consideration of the above factors, the proposed tree removal may be granted with conditions or may be denied:
(1) 
If the tree or trees are significant trees as defined in § 308-12.
(2) 
If the tree removal(s) will have negative effects upon:
(a) 
Erosion potential and drainage patterns in the vicinity.
(b) 
Growth of existing adjacent vegetation.
(c) 
Visual impact on neighboring properties.
(d) 
The health, safety or welfare of the residents of North Castle or its neighboring communities.
(e) 
Wildlife habitat as defined in § 308-12.
(3) 
Whether the tree or trees to be removed are of species listed on the New York State list of endangered trees or trees of special concern.
E. 
In cases where the Planning Board is not the approving authority, the applicant will be notified of permit decisions within 14 calendar days of receipt of a complete application.
Any permit issued pursuant to this article may be issued with such conditions as the approving authority deems necessary, such conditions shall be attached as the approving authority deems necessary to ensure compliance with the policies and provisions of this article. Prior to the performance of any work and for the duration thereof, the permit shall be displayed so that it is visible from the road fronting the property.
The approving authority may require, prior to the commencement of tree removal authorized under any permit pursuant to this article, that the applicant post a bond or other security acceptable to the approving authority in an amount and with surety and conditions sufficient to secure compliance with the conditions and limitations set forth in the permit, as shall be determined by the approving authority.
A. 
The approving authority shall immediately suspend or revoke a permit in the form of a stop-work order if it finds that the applicant has not complied with any or all of the terms of such permit, has exceeded the authority granted in the permit or has failed to undertake the project in the manner set forth in the approved application.
B. 
The applicant shall receive written notice of said stop-work order as soon as reasonably practicable but no later than three days after issuance of the same, which notice shall be delivered personally or by certified mail and addressed to the applicant's address as shown on the permit. Such applicant shall be entitled to a hearing before the approving authority after work has been stopped. If such a hearing is requested by the applicant, in writing, within five days of receipt of notice of the stop-work order, such hearing shall be scheduled by the approving authority within 10 days of receipt of request of a hearing. After the close of the hearing, the approving authority may confirm, modify or cancel the stop-work order.
C. 
The approving authority shall set forth in writing its findings and reasons for revoking or suspending a permit pursuant to this section and keep a copy in the permit application file.
No permit shall be valid for more than one year after approval of an application by the approving authority unless otherwise specified by the approving authority. All permits shall expire upon completion of the work specified therein. The validity of any work duly completed pursuant to an existing permit shall not be affected by the expiration of the permit, but such work shall not be continued beyond the expiration date. Permits may be renewed by the approving authority upon application submitted at least 20 days before the expiration of the permit. Standards for issuance of renewals shall be the same for the issuance of permits.
No permit granted pursuant to this article 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 permit or approval.
A. 
In the event that the Town Building Inspector or the Town Building Inspector's designee is the approving authority, in the case of an application denied by the approving authority, the applicant may seek review by appealing to the Conservation Board, in which case the Conservation Board shall become the approving authority for such applications. Such review shall be requested not later than 20 days after the filing of the subject decision by the approving authority.
B. 
In the event that the Planning Board is the approving authority, appeals shall be made solely pursuant to § 308-22A above.
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 permit, shall be deemed to have given its consent to such inspection.
A. 
Within 30 days after completion of all tree removals authorized under a permit issued in accordance with this article, the applicant shall notify the approving authority of such completion.
B. 
Within 30 days of such notification of completion of work, the approving authority shall inspect the tree removal site for compliance with all conditions of the permit.
(1) 
When all tree removal(s) authorized under a permit are deemed to be completed in an acceptable fashion, the approving authority shall issue a certificate of completion, which shall be accompanied by cancellation or return of any bond collected for such permit.
(2) 
When tree removals authorized under a permit are deemed not acceptable, the approving authority shall so notify the applicant. The notification of noncompliance shall include a list of all conditions in violation of the terms of the permit and shall specify a time limit for the correction of all items so listed.
[Amended 4-29-2020 by L.L. No. 3-2020]
A. 
The owner of record of any property on which trees subject to this article are removed without the granting of a tree removal permit or are removed in violation of conditions attached to a tree removal permit, or any person removing or in the process of removing such trees, shall be guilty of an offense, which may be punishable by a fine of not more than $1,000, by imprisonment for not more than 15 days, by a direction or order to restore the property and to replace removed trees by comparable trees according to a plan approved by the approving authority, or by all of the above. Each tree removed without a tree removal permit or in violation of the conditions attached to a tree removal permit shall constitute a separate offense.
B. 
In addition to the penalties outlined in Subsection A above, the Town shall not issue a building permit, any other permit, any temporary certificate of occupancy, certificate of occupancy or variance for any property for which a violation of this article has been served until said violation is dismissed or resolved to the satisfaction of the approving authority or court, as is appropriate.
C. 
In addition to the penalties outlined in Subsection A above, trees removed without a permit shall be subject to a tree replacement plan approved by the Planning Board.
(1) 
Tree replacement shall occur on-site, except where the Planning Board determines that, because of site constraints, it is impracticable or impossible to do so.
(2) 
The total aggregate diameter of trees removed shall be replaced with new trees totaling the same aggregate diameter of trees removed.
(3) 
Tree replacement plans shall incorporate a variety of tree species. Exceptions to this requirement may be authorized by the Planning Board, when site specific conditions may warrant such a change. Replanted trees shall be ecologically compatible with the site and neighboring properties. Replanted trees shall be of the same or similar species as those removed when practical. Invasive trees shall not be allowed under any circumstances. All replacement trees shall be a minimum caliper of 2 1/2 inches. For evergreen trees, a minimum size of eight to 10 feet balled and burlapped is required.
(4) 
Fee in-lieu. The Town Board, upon recommendation of the Planning Board, shall have the authority to accept a cash payment to the Town of North Castle Tree Mitigation Bank in lieu of providing some, or any, of such required tree replacement, and the Town Board, in its discretion, may elect to accept such payment on behalf of the Town. The amount of the cash payment required for such tree removal shall be in such amount as set forth in the Master Fee Schedule.[1] The expenditure of tree bank revenues shall be limited exclusively to tree planting or the removal of invasive trees.
[1]
Editor's Note: See Ch. A370, Master Fee Schedule.