This chapter is enacted pursuant to the Municipal Home Rule
Law and any and all applicable laws, rules and regulations of the
State of New York; nothing contained herein shall be deemed to conflict
with any such laws, rules or regulations.
A.
This chapter regulates certain activities in the Town relating to
tree removal with the goal of preserving both individual trees and
woodlands including woodland canopy trees, understory shrubs and herbaceous
ground cover. It is also the Town's goal to accommodate reasonable
development and protect landowners' rights to make aesthetic
judgments concerning the lawful use of their property while still
preserving trees and woodlands.
B.
Preference for preservation. Individual trees and woodlands provide
a myriad of benefits as described below; therefore, in order to avoid
to the fullest extent possible the aesthetic, environmental, and communal
degradation that may result from irresponsible tree cutting and woodland
disturbance, the Town Board declares its preference for preservation
of individual trees and woodlands in order not to:
C.
Need for town-wide forest management plan. A Town-wide forest management
plan is an important component of a tree preservation program. A Town-wide
forest management plan will further the overall goal of preserving
the Town's trees and woodlands.
D.
Responsible removal. Notwithstanding the above-mentioned benefits
and the preference for preserving individual trees and woodlands,
the Town recognizes that responsible removal of trees may be desirable,
necessary or unavoidable for purposes such as:
(1)
Avoiding hazardous conditions;
(2)
Maintaining the health of trees by removing damaged and/or diseased
trees;
(3)
Managing woodlands for lawful purposes such as sustainable timber
harvesting, recreation and management of biodiversity;
(4)
Maintaining the long-term viability of woodlands by managing the
age and species distribution;
(5)
Protecting native tree species and woodland communities by the removal
of invasive species;
(6)
Facilitating the operation of agricultural activities, and
(7)
Protecting landowners' rights to make aesthetic judgments about
the lawful use of their own private property.
The Town Board finds that:
A.
Benefits of individual trees and woodlands.
(1)
Healthy trees provide oxygen, slow climate change by acting as a
sink for carbon dioxide and mitigate other air pollution problems.
Trees also help to stabilize soil, reducing the risk of soil erosion
and siltation in watercourses and clogging of drainage channels. Additionally,
trees and woodlands yield advantageous microclimatic effects, temper
noise and provide wildlife habitat.
(2)
Tree roots provide channels which allow water infiltration crucial
to groundwater and reservoir recharge.
(3)
Trees have an intrinsic aesthetic value that contributes to the character
and visual amenities of the Town. Trees soften the hard edges of developed
areas, enhance scenic vistas, provide continuity in areas undergoing
dynamic change, visually connect and define the character of neighborhoods,
enhance privacy through visual buffering and enhance property values
and the quality of life within the Town.
(4)
By virtue of their size, specimen trees make disproportional contributions
to the ecological benefits of trees and woodlands, including provision
of shade, oxygen and erosion control.
(5)
Specimen trees beautify our residential and commercial neighborhoods,
provide a visible link to our history and are a critical reservoir
of seeds for woodland regeneration, mitigating the impacts of overbrowsing
by deer.
(6)
Trees and woodlands provide natural habitat for wildlife, promoting
biodiversity and enhancing ecosystem stability and are important parts
of integrated ecological systems, both terrestrial and aquatic.
(7)
Woodlands function as vital ecological communities not just because
of the presence of trees, but because the presence of canopy, shrub
and ground cover layers of vegetation. Therefore.\, protecting the
integrity of woodlands requires regulating the removal of any of these
three layers in such communities.
As used in this chapter, the following terms shall have the
meanings indicated:
Activities carried out as a commercial operation that are
traditionally associated with farming such as producing agricultural,
horticultural, floricultural, vegetable and fruit products and the
grazing and watering of livestock and poultry. The term "agricultural
activity" does not include the construction of new structures associated
with agricultural activities, nor does it encompass a garden accessory
to a residential use.
Any individual or individuals, firm, partnership, association,
corporation, company, or other legal entity of any kind, including
municipal corporations, government agencies or subdivisions thereof,
who has a request for a permit to conduct a regulated activity before
the approval authority or has an application pursuant to this chapter.
The Planning Board, Town Board, Zoning Board of Appeals or Town Engineer as specified in § 270-7 of this chapter.
A person who is a) certified or accredited in tree care by
a recognized professional association or tree care trade association
such as, but not limited to, the International Society of Arboriculture
and Tree Care Industry Association, or b) is licensed as a registered
consulting arborist of the American Society of Consulting Arborists,
or c) is a graduate of an accredited college or university program
in urban forestry or arboriculture, or d) has a combination of at
least five years of qualified experience and education.
The diameter of the trunk of a tree measured in inches at
a point 4 1/2 feet above the base of the tree on the uphill side.
An imaginary vertical line that extends downward from the
outermost tips of the tree branches to the ground.
A person with a graduate degree in ecology, conservation
biology or a related field from an accredited college or university.
A person a) certified as a forester by a recognized forest-related
professional or trade association, or b) certified by the State Department
of Environmental Conservation as a cooperating forester or watershed
qualified forester, or c) has received a B.S. or higher degree in
forestry from an accredited college or university.
A written forest management plan which follows the guidelines
specified by the New York State Department of Environmental Conservation's
Forest Stewardship Program and is approved by the New York State Forester,
through the Regional Forestry Office, and by Yorktown's Conservation
Board and on file with the Town Clerk. Activities pursuant to a Forest
Stewardship Plan as here defined shall not be deemed land conversion.
A tree or portion of a tree that poses a danger to life,
health, property or natural resources.
The disturbance of 1,000 square feet or more of protected
woodland and the subsequent permanent alteration of the site such
that a woodland can no longer regenerate on the site in its altered
state. Such permanent alteration may include, but is not limited to,
paving or installation of other impervious surfaces, soil removal,
soil compaction, or intentional flooding. Establishing a garden or
orchard, planting grass, cutting trees, removing understory vegetation
are examples of activities that do not constitute land conversion
in that the site is not permanently altered, and there is the potential
for woodland regeneration.
A plan that specifies plantings and their locations as a
requirement of a land use approval from an approval authority. An
approved site plan that specifies trees and shrubs as part of its
development shall constitute a landscape plan for purposes of this
chapter.
A written plan prepared by a professional whose qualifications
are acceptable to the approval authority and approved by the approval
authority. The goal of such plan is to replace the functions carried
out by the protected trees and woodlands affected by the proposed
activity.
The rate at which replacement of lost trees may be required
as part of a mitigation plan. The replacement rate expressed in base
terms of diameter at breast height (dbh) shall be calculated by dividing
the dbh of each lost tree by the average dbh of replacement trees.
The result shall be the number of replacement trees required to be
planted as compensation for each lost tree.
Activities such as removal of leaf litter, removal of branches,
sticks and other woody matter, pruning, trimming or otherwise preserving
live trees, where possible employing best management practices recommended
by the American National Standards Institute (ANSI) standards.
A tree as herein defined having a dbh of eight inches or
greater, or any street tree as herein defined.
A woodland as herein defined that is 10,000 square feet or
greater in area regardless of individual property boundaries.
Cutting down, bark removal, use of chemical agents, or other
damaging activity that a reasonable person would understand is likely
to result in the death of a tree.
On lots of one acre or less, five feet from the side or rear
yards as measured inward from the property line.
Any tree with a dbh of 24 inches or more.
A tree whose base is at least 50% in the land enclosed by
property lines on either side of a public right-of way.
A plan developed under the direction of the Tree Conservation
Advisory Commission and approved by the Town Board which shall govern
the maintenance and preservation of trees, including street trees,
and woodlands on Town-owned land.
A perennial woody plant, either deciduous or coniferous,
together with its root system having a well-defined stem or trunk
or a multistemmed trunk system, a more or less well-defined crown,
and a mature height of at least eight feet. The term "tree" for the
purposes of this chapter, shall not include trees in containers or
nursery stock trees maintained for resale or woody vines.
Town-owned lands or Town right-of-way lands to be designated
by resolution of the Town Board and at the recommendation of the Tree
Conservation Advisory Commission as receiver sites for off-site mitigation
plantings or other activities identified in an approved mitigation
plan that satisfy mitigation requirements which cannot be met on site.
A dedicated capital reserve fund to be established by and
administered in accordance with a resolution of the Town Board providing
for the payment of fees as part of an approved mitigation plan where
tree replacement or other mitigation measures cannot be achieved,
as well as payments for fines received pursuant to this chapter. Monies
in the fund shall be made available only for use on Town-owned land
and for initiatives that conform to and further the intent, findings
and goals of this chapter.
A contiguous area of vegetation consisting of trees as the
dominant species along with an understory of shrubs and herbaceous
ground cover. The driplines of the outermost trees shall define the
boundary of the woodland. A protected woodland shall be deemed to
exist even if it has been degraded by invasive plant species.
Any activity which alters the existing structure of a protected
woodland. Alterations include the cutting or removal of any canopy
trees, understory shrubs, herbaceous woodland ground cover as well
as the removal of humus or duff from the ground.
No tree removal permit shall be required for the following activities:
A.
Removal of any tree which is dead, hazardous, damaged beyond salvaging
or in an advanced state of decline, or may interfere with overhead
utility lines.
B.
Removal of invasive species as designated by the Lower Hudson Partnership
for Regional Invasive Species Management in Species Index Tiers 1
through 4.
C.
Normal maintenance of trees, such as bracing, trimming or pruning
less than 20% of the tree crown area.
D.
Removal of trees within 10 feet of any component of an existing or
approved septic system as required by the Westchester County Health
Department, or within 10 feet of a subsurface sewer structure.
E.
Removal of trees in accordance with a specific forest stewardship
plan as defined in this chapter and on file with the Town Clerk, or
as part of an agricultural activity.
G.
Tree removal as part of wildlife habitat management in accordance
with a specific forest stewardship plan as defined in this chapter
and on file with the Town Clerk.
H.
Disturbance, excepting land conversion, of less than 10,000 square
feet in a protected woodland.
I.
Normal maintenance to protected woodlands to a depth of 12 feet from
the border or edge of lands normally used and maintained on residential
property as lawn or other common outdoor uses associated with residential
properties and which is not woodlands as defined herein.
J.
Actions which require a permit under Chapter 248: Stormwater Management and Erosion and Sediment Control that disturb an area of at least 5,000 square feet and less than 10,000 square feet in a protected woodland, however mitigation shall be required as pursuant to § 270-10 of this chapter and shall be attached as conditions to the stormwater management and erosion and sediment control permit. Notwithstanding a permit requirement under Chapter 248, § 270-6 still applies to trees not in a protected woodland.
K.
Disturbance in a protected woodland which is within a wetland and/or a wetland buffer and therefore requires a permit under Chapter 178: Freshwater Wetlands. In such cases, mitigation for the woodland disturbance is required, however mitigation measures as detailed in § 270-10 of this chapter may be used as mitigation in combination with required mitigation under Chapter 178 as appropriate to further the intents of this chapter. This in no way implies additional mitigation above that required in Chapter 178. Notwithstanding a permit requirement under Chapter 178, § 270-6 still applies to trees not in a protected woodland.
A.
The provisions of this section shall apply to all property in the
Town, whether privately owned, publicly owned, or held in common by
homeowners' associations.
B.
The following activities require a tree removal permit:
The approval authority under this chapter shall be as follows:
A.
The Planning Board shall be the approval authority with respect to
an application that requires the issuance of another permit or approval
from the Planning Board.
B.
The Town Board shall be the approval authority with respect to an
application under this chapter that requires the issuance of another
permit or approval from the Town Board and for applications for disturbance
of more than 20,000 square feet in a protected woodland which do not
require an approval or permit from the Planning Board or Zoning Board.
C.
The Zoning Board of Appeals shall be the approval authority with
respect to an application that requires the issuance of another permit
or approval from the Zoning Board of Appeals.
A.
Applications and required information.
(1)
Each application for a permit under this chapter shall consist of
the following information and/or documents:
B.
Administrative permits.
(1)
Administrative permits should be accompanied by the following additional
information.
(a)
The required plan or sketch should show locations of buildings
and other features of the property.
(b)
If the application is for activity in a protected woodland,
an aerial photograph showing the location of the property and the
woodlands on the adjoining properties.
(c)
Whether tree stumps are to be left in place or removed.
(d)
If additional vegetation such as shrubs and natural ground cover
will be removed.
(e)
A statement that each protected tree to be removed has been
designated, with paint or other distinctive means, at two points so
as to be readily visible to the approving authority and the tree remover.
One point shall be low enough on the protected tree so as to be visible
on the stump after the tree is removed.
(2)
Review of application by Town Engineer.
(a)
The Town Engineer shall review the application to determine if it is eligible for review under the provisions of § 270-7D.
(b)
Except as noted below, the Town Engineer shall refer any application,
along with any mitigation plan attached to the application, to the
Tree Conservation Advisory Commission and Conservation Board for review
and report. The date of the referral shall be deemed to be the date
of the first regularly scheduled monthly meeting of either board at
which the referred application is received from the Town Engineer.
(c)
In the event that an application has been referred to the Tree
Conservation Advisory Commission and/or the Conservation Board, the
board(s) shall report back to the Town Engineer within 15 days of
such referral. Failure by the Tree Conservation Advisory Commission
or Conservation Board to report back within the specified time period
shall be interpreted by the Town Engineer as indicating no objection
to the application.
(d)
For applications involving activity in a protected woodland,
the Town Engineer shall refer the application to the Tree Conservation
Advisory Commission and Conservation Board for review and report.
The date of the referral shall be deemed to be the date of the first
regularly scheduled monthly meeting of either board at which the referred
application is received from the Town Engineer.
(3)
Action by Town Engineer. The Town Engineer shall make a determination to approve, approve with modifications or disapprove the issuance of a permit in accordance with the provisions of § 270-9 within 10 days of the receipt of reports from the Tree Conservation Advisory Commission and/or Conservation Board.
(4)
Appeal and review. Any decision or order of the Town Engineer made
pursuant to or within the scope of this chapter may be reviewed by
the Town Board at the request of the applicant provided that such
review is commenced by the filing of a notice of review with the Town
Board within 30 days after filing of such order or decision.
C.
Nonadministrative permits.
(1)
Unless otherwise provided in the application before the approval
authority, nonadministrative permits should be accompanied by a plan
which shall be certified by an engineer, architect, land surveyor,
or landscape architect licensed in the State of New York, or by a
forester, arborist or ecologist, drawn to a scale no less detailed
than one inch equals 50 feet, and showing the following:
(a)
The area of disturbance proposed for tree removal and its relation
to property lines, roads, buildings, both existing and proposed, and
watercourses within 250 feet of the property line.
(b)
Within the proposed area of disturbance the location of existing
protected trees and/or protected woodlands.
(c)
Within the proposed area of disturbance, the number, location
and species of protected trees to be removed.
(d)
The square footage and boundaries of protected woodland that
will be disturbed.
(e)
An aerial photograph showing the location of the property and
contiguous woodlands on the adjoining properties.
(f)
If proposed tree cutting is in stages, the location and timing
of each stage.
(g)
Any additional information reasonably required by the approval
authority.
(2)
Referral.
(a)
The approval authority shall refer an application, along with
any associated mitigation plan, submitted to it pursuant to this chapter
to the Conservation Board and the Tree Conservation Advisory Commission
and may also refer the application to any other Town advisory commissions
or boards for review and reporting, The date of referral (after receipt
of the application from the approval authority) shall be deemed to
be the date of the first regularly scheduled meeting of the advisory
group or groups at which the application is received.
(b)
The Conservation Board and Tree Conservation Advisory Commission
and any other Town advisory commission or board shall report back
within 30 business days of referral. Failure by such boards or commissions
to report back within the specified time period shall be interpreted
by these approval authorities as indicating no objection to the application.
(c)
The approval authority may refer any application to a consultant
hired by the Town and paid for by the applicant for the purpose of
providing an expert assessment of the existing trees and woodlands
on the site proposed for development, including but not limited to
an assessment of the health, quality and function of the trees and
woodlands.
(d)
Prior to final action on a tree permit for which the Zoning
Board of Appeals is the approval authority, the Zoning Board of Appeals
shall refer the principal application, including the application for
a tree permit, to the Planning Board for its report and for the development
of a mitigation plan, where required, The Planning Board's recommendations
and the mitigation plan shall be incorporated in the Zoning Board
of Appeal's final decision on the principal application and application
for a tree permit.
(3)
Public hearing. In the case of nonadministrative permits sought in
conjunction with a site plan, subdivision, parking plan or special
permit approval, the approval authority shall open a public hearing
on the requested tree permit concurrently with the public hearing
on the principal application, Public notice and notice to interested
parties of the tree permit hearing shall be provided, along with the
notice required by the Town Code of the Town of Yorktown for the hearing
on site plan, subdivision, parking plan or special permit approval.
(4)
Action by the approval authority. The approval authority shall review
said application to ensure conformity with the requirements of this
chapter. A determination shall be made to approve, approve with modifications
or disapprove the issuance of such permit simultaneously with the
determination by the approval authority of any other permit or approval
for which application was made.
(5)
Appeal and review. Any final determination, decision or order of
the Planning Board or Town Board pursuant to or within the scope of
this chapter may be judicially reviewed pursuant to Article 78 of
the Civil Practice Law and Rules in the Supreme Court for Westchester
County.
D.
Emergency permits.
(1)
Nothing in this chapter shall be deemed to conflict with provisions
of the Town Code that allows an otherwise regulated activity to occur
without a permit under emergency conditions.
(2)
For projects carried out in response to an emergency, all procedural
requirements of this chapter related to application processing are
waived, except as provided in this section.
(3)
Whenever prior notice to the approval authority is not possible,
the Town Engineer must be notified by the party taking emergency action
within two business days after commencement of the action. Notification
must be in written or electronic form. This notification must be followed
within two business days by submission of the following information
to the Town Engineer:
A.
Permits shall be issued by the approval authority pursuant to this
chapter only if the approval authority finds that the proposed regulated
activity is consistent with the policies and goals of this chapter
as stated herein.
B.
Natural vegetation, excepting invasive species as specified in § 270-5B, shall be preserved and protected wherever possible and based on best management practices that reflect the experience and most up-to-date standards of practice as accepted by professional associations in the field.
C.
In granting, denying or conditioning any application for a permit
required by this chapter, the approval authority shall evaluate the
proposed activity, its purpose, and available alternatives and shall
determine that the impact of the proposed activity upon, including,
but not limited to, public health and safety, soil erosion, wildlife
habitat, and drainage, will not be detrimental and shall be in accordance
with the following additional standards, considerations and conditions:
A.
Administrative permits.
(1)
Mitigation is required for administrative permits for disturbance
in protected woodlands.
(3)
Mitigation required under administrative permits shall be limited
to on-site mitigation. If on-site mitigation is not feasible and therefore
off-site mitigation is deemed necessary, the permit application shall
be referred to the Town Board and shall be processed and approved
thereafter as a nonadministrative permit.
C.
Whenever feasible, for the purposes of mitigation the following approaches
shall be preferred:
(1)
On-site mitigation.
(2)
Tree replacement.
(a)
If tree replanting is the only mitigation measure required,
the total number of replanted trees shall be determined by the mitigation
ratio as herein defined.
(3)
In the case of tree removal in a regulated buffer as defined by this
chapter, consideration shall be given to mitigating the impact of
the tree removal to adjacent property owners and to mitigating any
impact on the visual character of the area.
(4)
Use of native species of trees, understory shrubs and herbaceous
ground cover if replanting is required.
D.
Mitigation plans.
(1)
The approval authority shall require the preparation of a mitigation
plan, prepared by a professional whose qualifications are acceptable
to the approval authority.
(2)
In the course of commenting on and reviewing applications referred
by the approval authority, the Conservation Board and Tree Conservation
Advisory Commission shall also review and comment on any attached
mitigation plans.
(3)
The mitigation plan shall address and compensate for the impact of
the removal of protected trees and removal or disturbance of protected
woodlands.
(4)
A mitigation plan may include, but not be limited to, the following
measures, either singly or in combination:
(a)
Planting replacement trees, understory shrubs and or herbaceous
ground cover on-site and/or on Town-owned land, Town right-of-way
lands or other public land subject to the owner's permission
pursuant to this chapter.
(b)
Removal of invasive species from the site, and/or on Town-owned
land, Town right-of-way lands or other public land subject to the
owner's permission.
(c)
Installation of fencing designed to prevent deer from overgrazing
existing or newly-planted or naturally regenerating trees and shrubs
("deer enclosures"), consistent with Town regulations, and so long
as wildlife corridors are not obstructed.
(d)
Planting new trees and/or shrubs along stream corridors on the
site, and/or on Town-owned land, Town right-of-way lands or other
public land subject to the owner's permission.
(e)
Implementation of other measures on Town-owned land pursuant
to an approved forest management plan.
(f)
Payment into the Tree Bank Fund. In lieu of replacing a lost
protected tree or disturbance to a protected woodland, the payment
shall be $100 for every protected tree removed and $300 for every
5,000 square feet of protected woodland disturbed.
A.
An administrative permit shall expire upon completion of the permitted
activity or one year from the permit's issuance, whichever shall
occur first. Applications for permit renewals may be submitted to
the Town Engineer no less than 30 calendar days prior to the date
of expiration. A renewal extension of greater than one year is not
permitted.
B.
If the nonadministrative permit is approved as part of the approval
for a subdivision, site or parking plan or special permit, then the
nonadministrative permit shall expire upon the expiration of the principal
approval, except that if the approval authority extends the principal
approval, the tree removal permit will be likewise extended for the
same time period.
C.
In the event a permit has expired and is past the 30 calendar days
within which application for an extension is allowed, an applicant
seeking renewal will be required to refile the permit application
and pay all applicable fees as if no prior permit had been issued.
D.
The approval authority may revoke or suspend a permit if it finds
that the applicant has not complied with any of the conditions or
limitations set forth in the permit.
In order to ensure the full and faithful completion and compliance
with the conditions set forth in nonadministrative permits, the approval
authority shall require the applicant to provide, prior to undertaking
any tree removal, a performance bond, cash escrow, or irrevocable
letter of credit from an appropriate financial or surety institution
which guarantees the satisfactory compliance with the terms of the
permit and names the Town of Yorktown as beneficiary. The security
shall be in an amount to be determined by the approval authority based
on the approved tree permit, including, but not limited to, any mitigation
measures that are conditions of the permit. The performance guarantee
shall remain in force until the surety is released from liability
by the Town of Yorktown upon certification by the Town that the conditions
of the permit have been satisfactorily completed.
A.
The approval authority may inspect or cause to be inspected by its
designee or representative activities undertaken pursuant to a permit
so as to ensure satisfactory compliance with its terms and conditions.
B.
The approval authority may require that the activities undertaken
pursuant to a permit be monitored and/or supervised by an arborist,
including but not limited to the provision of written status reports
at specified intervals with respect to the activities undertaken pursuant
to the permit.
A permit fee in an amount as set forth in the Master Fee Schedule.
A.
Administrative sanctions.
(1)
Stop-work order.
(a)
The Town Engineer or designee may post a stop-work order for
any tree removal or woodland disturbance if any of the following conditions
exist:
(b)
The stop-work order shall be effective immediately, shall state
the specific violations and shall state the conditions under which
work may be resumed.
(c)
In the case of work for which there is a permit, the stop-work
order shall be mailed by first class mail to the address listed by
the permittee on the permit. In the case of work for which there is
no permit, the stop-work order shall be mailed to the person listed
as owner of the property by the Town Assessor on the tax roll. Additionally,
a copy of a stop-work order shall be posted on the site of the subject
activity in reasonable proximity to a location where the tree removal
and/or woodland disturbance is taking place.
(d)
If the permittee or person violating this chapter does not immediately
cease the activity or comply with the tree permit or permit conditions
upon receipt of the stop-work order, the approval authority may revoke
the permit or any other permit issued to the permittee by the Town
for the same property.
(e)
If the owner or person(s) using the land where no permit has
been issued does not cease the tree and/or woodland removal activity,
the approval authority shall request the Town Attorney to obtain injunctive
relief from a court of competent jurisdiction.
(2)
Restoration.
(a)
The Town Board shall have the authority, following a hearing and on written notice to the violator, to direct the violator to restore the affected area(s) to their condition prior to violation, insofar as that is possible, within a reasonable time and under the supervision of the approval authority or its designate. In the event the approval authority determines that the restoration shall require the planting of replacement trees, the trees must be a minimum two-and-one-half-inch caliper. Restoration shall include any measures outlined in § 270-10D(4) as deemed appropriate by the approval authority except that all restoration measures shall be done on-site.
(b)
Additionally, if there is unpermitted disturbance of a protected
woodland, special consideration shall be given to requiring the restoration
of soils and understory species (herbs and shrubs) on the affected
site, as well as tree replacement.
(c)
Further, the approval authority shall require an adequate bond
in a form and amount approved by the approval authority to ensure
the restoration of the affected area. Any such order of the approval
authority shall be enforceable in an action brought in any court of
competent jurisdiction. Any order issued by the approval authority
pursuant to this subsection shall be reviewable in a proceeding pursuant
to Article 78 of the State Civil Practice Law and Rules.
(3)
The Town Engineer or his designee shall enforce the provisions of
this chapter and when necessary issue and serve appearance tickets
in connection with any violation of this chapter.
B.
Civil damages. Any person who undertakes or procures any person to
undertake any tree removal or woodland disturbance without the prior
issuance of a permit hereunder or who otherwise violates any provision
of this chapter or any permit restriction adopted by the approval
authority pursuant to this chapter shall, in addition to any criminal
liability, be liable for any civil damages that might have been caused
by such violation.
C.
Criminal sanctions.
(1)
Removal of protected trees in violation of any provision of this
chapter.
(a)
Removal of any protected tree, outside of a protected woodland
shall be punishable by a fine of $1,000 per protected tree for the
first offense.
(b)
For a second and each subsequent offense within a period of
three years, the maximum fine shall be twice that applicable to the
first offense or a term of imprisonment up to 15 days, or both.
(2)
Disturbance of protected woodlands in violation of any provision
of this chapter.
(a)
For a woodland disturbance that constitutes a land conversion
as defined in this chapter, the penalty shall be $2,500 for the first
offense as the disturbance resulted in the permanent loss of the protected
woodland.
(b)
For a disturbance greater than 5,000 square feet in a protected
woodland, the penalty shall be $1,000 for every 1,000 square feet
of disturbance or part thereof for the first offense.
(c)
For a second and each subsequent offense within a period of
three years, the maximum fine shall be twice that applicable to the
first offense or a term of imprisonment up to 15 days, or both.
D.
In addition to the remedies specified above, no building permit or
permanent certificate of occupancy shall be issued to any lot for
which a stop-work order or notice of violation has been issued until
such violation has been remedied by restoration performed to the reasonable
satisfaction of the approval authority or until such notice of violation
has been dismissed by a court of competent jurisdiction.
