[HISTORY: Adopted by the Board of Trustees of the Village
of Old Brookville. Amendments noted where applicable.]
A.
The Board of Trustees of the Incorporated Village of Old Brookville
hereby finds that there is a direct relationship between preservation
of and the planting of trees, shrubs and associated vegetation in
sufficient number in populated areas of the Village and the health,
safety and welfare of Village residents and that trees, shrubs and
associated vegetation are related to the natural, scenic and aesthetic
values and the physical and visual qualities of the environment which
the Village is obligated to protect. Trees and such vegetation reduce
noise, provide welcome shade to Village residents, preserve the balance
of oxygen in the air by removing carbon dioxide and fostering air
quality and create a bucolic and rural atmosphere in the Village,
especially along the roads. Trees also stabilize the soil and control
water pollution by preventing soil erosion and flooding, yield advantageous
climatic effects and provide a natural habitat for wildlife.
B.
The destructive and indiscriminate removal of trees and related vegetation
disrupts the ecological balance in nature and causes increased Village
costs for proper drainage control, impairs the benefits of occupancy
of existing residential properties and impairs the stability and value
of both improved and unimproved real property in the area of the destruction
and adversely affects the health, safety and general welfare of the
residents of the Incorporated Village of Old Brookville.[1]
For the purposes of this chapter, the following terms, phrases
and words shall have the following meanings:
The owner, contract vendee or lessees of real property or
its duly authorized agent seeking a permit to substantially alter,
destroy or remove trees pursuant to the provisions of the chapter.
The natural growing characteristics of any tree, which includes
branch spread and distribution, branch height above ground and root
spread and distribution.
Includes any resident of Old Brookville or any individual,
firm, partnership, association, corporation, company, public agency,
public utility organization of any kind or agent thereof.
Includes all unimproved and improved real property within
the Incorporated Village of Old Brookville.
Includes any cutting or drastic pruning of the habitat of
a tree which impairs, destroys or endangers the life of such tree
or its natural symmetry, and shall include but shall not be limited
to heavy or unnecessary cutting of top branches (topping) and cutting
of major lower limbs (elevating).
Includes any woody plant, its root system and the environment
within the area defined by the outermost limits of its branches whose
trunk is 12 inches in circumference or greater at any point from grade
up to four feet above grade and shall include shrubs, bushes and similar
natural growth that is essentially equivalent in material volume to
a trunked tree as specified herein.
The cutting down of a tree or any other act or practice which
may reasonably be expected to either, immediately or within the course
of time, cause the tree to die after the commission of said act or
practice, including but not limited to damage inflicted upon the tree,
its root system or trunk as the result of:
Improper use of machinery on or around the tree.
Storage of materials in or around the tree.
Soil compaction.
Altering the natural grade or trenching near the roots to expose
the roots or cover the trunk, permitting the infection or infestation
of the tree by pests, fungus or harmful bacteria.
Excessive harmful pruning.
Paving with concrete, asphalt or other impervious surfaces within
such proximity as to be harmful to the tree.
Application of herbicides or defoliants or poisons.
Girdling.
The duly appointed Tree Warden of the Incorporated Village
of Old Brookville.
There is hereby created and established a Tree Warden for the
Village of Old Brookville, New York, who shall be appointed by the
Mayor with the approval of the Board of Trustees for a term of one
year.
The Tree Warden shall have:
A.
Original jurisdiction over the granting or denying of tree removal
permits for any and all trees on any real property in the Village
of Old Brookville except as otherwise provided in this chapter.
B.
Responsibility for reviewing applications and making recommendations to the Planning Board, the Board of Trustees and the Board of Appeals in connection with the approval of subdivisions, special use permits and site plans by the Planning Board, the issuance of buildings permits by the Board of Trustees and the granting of variances by the Board of Appeals and hereinafter set forth in § 270-7 et seq.
A.
No person shall remove, destroy or substantially alter the habitat
of any tree as defined herein on any real property within the Village
of Old Brookville without first obtaining approval from the Tree Warden,
as hereinafter prescribed, and a tree removal permit, which said permit
shall be issued by the Village Clerk.
B.
No tree removal permit shall be required for the removal, destruction
or substantial alteration of tree(s) in connection with any building
permit issued by the Board of Trustees, any site plan, special use
permit or subdivision approval granted by the Planning Board or any
variance granted by the Board of Appeals.
C.
No tree, shrub, bush, or natural growth irrespective of dimensions
or size, may be removed, destroyed or substantially altered within
20 feet of a side or rear property line yard or within 30 feet of
a front property line yard.
D.
No more than 20 trees, as defined herein, may be removed, destroyed
or substantially altered on a single property within a two-year period,
without approval from the Planning Board, as hereinafter prescribed,
and a tree removal permit, which permit shall be issued by the Village
Clerk.
E.
This chapter shall not apply to an emergency situation in which removal,
destruction or substantial alteration of any tree is necessary to
prevent imminent danger to human life or property or to the removal,
destruction or substantial alteration of any tree accomplished pursuant
to customarily accepted ornamental or therapeutic practices. In such
event, the permission of the Tree Warden and/or Village shall be obtained
prior to removal.
A.
Before removing, destroying or substantially altering the habitat
of one or more trees, such person shall submit an application for
a tree removal permit to the Tree Warden by delivering the same to
the Village Clerk. The application shall be made on such form as may
be prescribed by the Tree Warden and shall include, but not be limited
to, the following:
(1)
The name and address of the applicant and the owner of the real property.
(2)
Written consent of the owner or owners of the real property, if the
applicant is not the owner.
(3)
Location of the property, including a street number and address and
Tax Map designation.
(4)
Purpose of proposed tree removal or alteration.
(5)
Site of the proposed tree removal or alteration.
B.
A sketch or plan of the property indicating some or all of the following
may be required by the Tree Warden when deemed necessary to carry
out the provisions of this chapter:
(1)
An outline of existing heavily wooded areas on the site, showing
the tree type and range of sizes.
(2)
The location of any existing and proposed improvements and structures
on the real property.
(3)
Any proposed grade changes that might adversely affect or endanger
any trees on the site and specifications of how to maintain them.
(4)
Designation of all diseased, dead or damaged trees.
(5)
Location of all trees and identification of size and species and
identification of the trees to be removed and the trees to be maintained.
(6)
The size, species and planting method of all proposed replacement
trees.
(7)
Any additional information that the Tree Warden may reasonably deem
necessary for evaluation of the application.
C.
The decision of the Tree Warden shall be based on the following criteria:
(1)
The condition of the tree or trees with respect to disease, insect
attack and hazardousness, danger of falling, proximity to existing
and proposed structures and interference with utility service.
(2)
The necessity of the removal, destruction or alteration of the tree
in question in order to implement the stated purpose of the application.
(3)
The effect of the removal, destruction or alteration on ecological
systems.
(4)
The environmental effect of the removal, destruction or alteration.
(5)
The aesthetic effect of the removal, destruction or alteration.
(7)
The character established at the proposed site of removal, destruction
or alteration with respect to existing vegetation management practices.
(8)
Whether the tree in question is a specimen tree or is otherwise worthy
of preservation due to unusual characteristics such as age, history,
size, rarity or visual importance to the neighborhood.
(9)
The impact of any removal or alteration upon existing screening,
property values or any road or highway bordering the property.
D.
The Tree Warden, in making a determination concerning removal of
trees on private property in the Village of Old Brookville, may obtain
the services of a professional arborist regarding the advisability
of removal. The cost of this professional evaluation shall, in all
cases, be borne by the applicant.
E.
F.
The Village Clerk shall be responsible for the actual issuance of
a tree removal permit if and when the Tree Warden determines to grant
it.
A.
Planning Board review:
(1)
If any trees are to be removed, cut, destroyed or substantially altered as a consequence of any proposed subdivision of real property or site plan review or special use permit then, simultaneously with the submission of an application to the Planning Board for approval of any such site plan, special use permit or subdivision map, the applicant shall submit to the Tree Warden three sets of such site plan, special use or subdivision map together with a tree survey prepared by a licensed land surveyor showing the location of all trees on the plan or map, the size of such trees and the type or species thereof per the specification in § 270-6B, and showing the effect of any proposed construction and/or grading on said tree survey as will enable the Tree Warden to physically inspect the site and make recommendations to the Planning Board and designate to the Planning Board trees to be saved by the applicant.
(2)
The Tree Warden shall submit a written report to the Planning Board
which shall include, but not be limited to, trees which he has recommended
for preservation and recommending whether there are other measures
or amendments to the plan or map which the Planning Board should consider
for the preservation of trees.
B.
Board of Zoning Appeals.
(1)
In the event that any trees are to be removed, cut, destroyed or substantially altered as a consequence of any application to the Board of Appeals, then simultaneously with the submission of an application to said Board, the applicant shall submit to the Tree Warden a sketch or plan as provided in § 270-6B of this chapter.
(2)
The Tree Warden shall review the application and submit his written
recommendations to the Board of Appeals concerning the application.
C.
Board of Trustees.
(1)
In the event that any trees are to be removed, cut, destroyed or substantially altered as a consequence of any construction, whether an addition, expansion or new structure for which a building permit is required, then simultaneously with the submission of a building permit application to the Board of Trustees, the applicant shall submit to the Tree Warden a copy of such application together with a sketch or plan as provided in § 270-6B of this chapter.
(2)
The Tree Warden shall review the application and submit his written
recommendations to the Board of Trustees concerning the application.
A.
Private property. Any tree growing on private real property which
is endangering or, in the opinion of the Tree Warden or the Building
Inspector of the Village of Old Brookville, constitutes a danger to
a public street or a public utility, shall be removed or trimmed by
the owner of the real property within 14 days after the receipt of
such notice from the Tree Warden. In the event that the property owner
fails to remove or trim such tree within said time, the Tree Warden
may then remove or trim said tree and assess the cost thereof against
the property owner.
B.
Public property. Nothing herein shall limit the authority of the
Village to remove or alter any tree or specimen tree it deems necessary
to protect the health, safety and welfare of the Village residents.
The Tree Warden may require the planting of the same or an agreed
upon alternate species of trees which are as nearly comparable in
type and size as practical to the trees to be removed, when the individual
character of the tree(s) or the ecological setting requires special
consideration, as a condition to the issuance of a permit for tree
removal. The location of planting of the replacement trees shall be
agreed upon prior to issuance of the permit for removal.
A.
Any person aggrieved by any act or determination of the Tree Warden
in the exercise of the authority herein granted shall have the right
to appeal to the Village Planning Board whose decision shall be final
and conclusive.
B.
An appeal shall be in writing stating the decision appealed from
and reason for the appeal.
Any person who shall violate any provision of this chapter or any rule, regulation or specification promulgated thereunder shall be punishable by a fine and/or imprisonment pursuant to Chapter 1, General Provisions, of the Code of the Village of Old Brookville. Each tree that is removed, destroyed or substantially altered shall constitute a separate violation punishable as provided herein. In addition, any person convicted of violating the provisions of this chapter may be required to replace, in kind, each and every tree removed, destroyed or substantially altered in violation of this chapter. If a tree was so large and mature that it cannot be replaced, the court, upon recommendation of the Tree Warden, may require the planting of multiple trees.
Nothing herein contained shall abridge or alter any rights or
acts or remedies now or hereinafter existing, nor shall this chapter,
nor any provision thereof, nor any rule or regulation promulgated
thereunder be construed as estopping the people of the Village of
Old Brookville from exercising its rights and fulfilling its obligations
to protect the public health, safety and welfare.
