[Adopted 8-13-2002 by L.L. No. 2-2002]
The Board of Trustees of the Village of South Nyack has determined
that the existing character of the community is highly dependent on
the wooded landscape and streetscape. Further, the Board finds that
trees are inherently beneficial to the psychological and physical
health, safety, and general welfare of the community and hereby enacts
the following legislation:
A.
To preserve an important attribute of the Village by encouraging
owners of existing developed lands, and developers of lands, to save
or replace as many native and mature tree species as possible when
making improvements to real property;
B.
To control and regulate indiscriminate and excessive removal, cutting,
and destruction of trees in order to regulate and prevent conditions
which result in increased surface runoff, soil erosion, and decreased
soil fertility;
C.
To maintain the stability and value of real property by preserving
existing woodland aesthetics;
D.
To ensure the continued maintenance of landscaping in accordance
with site plan or subdivision plan approvals, or in accordance with
the regulations contained herein;
E.
To help reduce the adverse impacts associated with vehicular noise
and emissions resulting from the high volumes of traffic on the New
York State Thruway which passes through the Village; and
F.
To encourage close attention to the Village's designation as
a critical environmental area.
For the purposes of this article, the following terms, phrases,
words, and their derivations shall have the meanings given herein.
When not inconsistent with the context, words used in the present
tense shall include the future, words in the plural number includes
the singular and words in the singular includes the plural. The word
"shall" is always mandatory and never discretionary.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
A tree at least eight inches in diameter as measured 4 1/2 feet above the highest root stem; or a tree, shrub, hedge, or plant shown or described to remain or be planted on an approved planting plan, landscape plan, site plan, subdivision plan, or a plan approved by the Zoning Board of Appeals; or a tree, shrub, hedge, or plant required in satisfaction of the requirements of § 302-17, Penalties for offenses, Subsection C, of this article.
[Amended 4-13-2004 by L.L. No. 3-2004; 6-25-2019 by L.L. No. 3-2019]
A.
Prohibited activities. Except as permitted herein, no person shall
do or cause to be done by others, either purposely, carelessly, or
negligently, any of the following acts upon privately owned property
within the Village of South Nyack:
(1)
Cut, destroy, remove, or substantially injure any significant tree except as may be permitted in Subsection B below (Permitted activities).
(2)
Place or maintain upon the ground any substance or impervious surface
which would impede the free access of air and water to the roots of
any significant tree.
(3)
Apply any substance to any part of a significant tree, including
the roots, which may injure or destroy the significant tree.
(4)
Change the elevation of ground surrounding the trunk and dripline
in a manner likely to have an adverse effect on the health of the
significant tree.
B.
Permitted activities. Notwithstanding the restrictions of Subsection A above (Prohibited activities), the following activities shall be permitted:
(1)
The cutting, pruning, or trimming of significant trees in a manner
that is not harmful to the health of the significant tree.
(2)
The cutting, destruction, or removal of significant trees which are diseased or dead or which endanger public safety and pose imminent peril based upon a determination made by the Building Inspector or designee of the Village Board of Trustees. Except in the case of determinations referred to in the preceding sentence, any person who proposes to cut, destroy, or remove significant trees shall submit a written application to the Planning Board in accordance with Subsection D, Exceptions, and shall obtain approval from the Planning Board excepting said person from the regulations contained herein.
(3)
The cutting, removal, or destruction of a significant tree as necessary to construct or add to any structure for which a building permit has been issued by the Building Inspector and which does not require subdivision or site plan approval, provided said cutting, removal or destruction is kept to the absolute minimum required to construct said structure. Any application shall indicate the extent of tree removal on the property. The Building Inspector, upon review of a building permit application which requires extensive significant tree cutting or removal, may refer said application to the Planning Board for approval in accordance with Subsection D below.
(4)
The cutting, removal or destruction of any significant tree pursuant
to an order or directive of the Village, county or a state agency.
(5)
The cutting, removal or destruction of significant trees as shown
on an approved site plan or subdivision plan, or a plan approved by
the Zoning Board of Appeals.
(6)
The necessary cutting, removal or destruction of significant trees
by a utility provider for the purposes of power, cable, telephone,
water or sewer service.
C.
Excluded activities. The provision of this article shall not apply
to activities involving significant trees located within public rights-of-way
or on publicly owned properties.
D.
Exceptions. Upon written application to the Planning Board, the Board
may, by resolution, grant an exception from any of the requirements
of this article. The Planning Board may grant such exceptions from
the requirements of this article as may be reasonable and within the
purposes and intent of this article if the enforcement of one or more
of the provisions is impractical or will exact undue hardship because
of peculiar conditions pertaining to the property in question. The
Planning Board may grant an exception from this article where the
significant trees are to be removed in accordance with a landscaping
plan approved as part of a subdivision or site plan application.
All significant trees indicated to remain as part of the landscaping
plan of an approved subdivision or site plan shall be protected by
a temporary four-foot-high fence constructed of two-inch-by-four-inch
posts and rails around the dripline, wrapped with orange plastic mesh,
before construction or site work begins.
A.
Where the Building Inspector determines that any person violates
or refuses to comply with this article, that person shall be subject
to a fine in the maximum amount permitted for a violation pursuant
to the Penal Law, per offense, upon conviction. Each significant tree
cut, destroyed or removed shall constitute a single offense.
[Amended 6-25-2019 by L.L. No. 3-2019]
B.
The Planning Board may require such remedial or protective measures
to be undertaken as may be necessary to protect the balance of the
original landscaping plan, such as, but not limited to, the use of
snow fencing, chain-link fencing, or other protective measures, including
replacement of trees destroyed or removed.
C.
In addition to any other penalty, the violator will be required to
replace, in kind, each and every significant tree removed, cut, or
destroyed in violation of this article. If a significant tree was
so large and mature as to be deemed irreplaceable by the Planning
Board, the Planning Board may require the planting of multiple significant
trees instead, based on the sole determination of the Planning Board
on the number, species, and size of significant trees necessary to
meet the objectives of this article. All significant trees required
in satisfaction of the provisions of this subsection shall be guaranteed
in full by a nursery and installer for a period of no less than one
year from the date of installation; or the violator shall place a
dollar amount equal to the cost of purchase and installation of the
significant trees required in satisfaction of the provision of this
subsection in escrow for a period of one year from the date of installation
for use by the Village of South Nyack in the event that the significant
trees do not survive. If before one year from the date of installation
it is the opinion of the Building Inspector, a licensed landscape
architect or a tree professional recognized by the Village of South
Nyack that any significant tree required by the provision of this
subsection is dead, diseased, or otherwise unhealthy to the extent
that the death of the significant tree is imminent, in the sole judgment
of said Building Inspector, landscape architect or tree professional,
and is of reasonable certainty, such significant tree shall be replaced,
in kind, by the guaranteeing nursery and installer or such significant
tree may be replaced at the discretion of the Village of South Nyack
Board of Trustees using funds placed in escrow. No certificate of
occupancy shall be issued for new construction on the lot or lots
in contiguous ownership on which occurred any violation of this article
unless and until the provisions of this subsection have been complied
with.
[Amended 4-13-2004 by L.L. No. 3-2004]
D.
Where a significant tree that is cut, removed or destroyed in violation
of this article is located within a conservation easement required
by the Planning Board as a condition of subdivision or site plan approval,
fines may be doubled by the Planning Board.
E.
Whenever the Building Inspector observes any activity in violation
of this article, the Building Inspector shall notify the property
owner, owner's agent, or the person performing the work to suspend
and halt work. Such direction by the Building Inspector (a stop-work
order) shall be in writing and delivered to the owner, or the owner's
agent, or the person performing the work or affixed to the site. Such
stop-work order shall state the reasons therefor and the conditions
under which work may resume.
