[HISTORY: Adopted by the Town Board of the Town of North
Castle as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-14-1987 (Ch. 191 of the 1987 Code)]
As used in this article, the following terms shall have the
meanings indicated:
Trees, shrubs, bushes and all other woody vegetation in public
parks having individual names.
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.
The following list constitutes the official street tree species
for the Town of North Castle, State of New York.[1] No species other than those included in this list may
be planted as street trees within the Town of North Castle without
written permission of the Town Tree Board.
[1]
Editor's Note: See Appendix A, included as an attachment to this chapter.
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:
(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:
A person requesting a tree removal permit from the Town or
a person to whom a tree removal permit has been given.
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]
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.
The Conservation Board of the Town of North Castle, New York.
A standard measurement of trees made at 4 1/2 feet above
ground level on the uphill side.
Areas of vegetative screening or landscaping established
pursuant to any provision of the North Castle Town Code.
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.
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).
Any individual person, firm, partnership, association, corporation,
company, organization or legal entity of any kind, including public
agencies and municipal corporations.
The Planning Board of the Town of North Castle, New York.
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.
The meaning specified in § 308-13 herein.
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
|
Twenty-four-inch or greater DBH at 4 1/2 feet.
Trees on land lying between property lines on either side
of all streets, avenues or ways within the Town.
The Town of North Castle, New York.
The Town Board of the Town of North Castle, New York.
Any living, woody plant which has a DBH of eight inches or
more.
Any act which will cause a tree to die within a one-year
period.
A permit granted under this article which allows the removal
of regulated trees as defined herein.
The arrangement of food, water, shelter or cover and space
necessary for wildlife existence.
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.
(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]
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:
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.
(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:
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.
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.
