[HISTORY: Adopted by the Town Board of the
Town of Greenburgh 12-19-2019 by L.L. No. 1-2020.[1]Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 260,
Trees, adopted 12-18-1991 by L.L. No. 39-1991, as amended.
A.
Trees are necessary to protect the health, safety, environment, ecosystems
and general welfare of the inhabitants and properties in the Town
of Greenburgh. The Town recognizes that preservation of the environment
is the responsibility of the entire community. Trees provide oxygen,
impede soil erosion, aid water absorption, ameliorate against potential
flooding, and absorb CO2 and other pollutants and breathable particulate
matter; provide shade, screening, privacy, green space and aesthetic
appeal; absorb and lessen impacts from winds and act as natural noise
barriers; and provide other environmental benefits and generally enhance
the quality of life and values of properties within the Town.
B.
The intent of this chapter is to regulate the quantity, quality,
canopy, and distribution of trees within the Town of Greenburgh, as
prescribed herein. In implementation thereof, the purpose of this
chapter is to regulate the quantity of healthy trees within the community
through the establishment of tree replacement standards, to regulate
the quality and canopy of trees through adoption of technical standards
and specifications for species selection and diversity, tree planting,
tree maintenance, and tree protection, and to regulate the distribution
of trees so that their function is maximized.
The following terms shall have the meanings indicated for purposes
of this chapter:
Any person, corporation, partnership, firm or any other entity
making an application pursuant to this chapter.
If tree removal relates to an application which, under the
Town Code, is subject to the approval of a Board of the Town, the
Approval Authority is the Board having the final approval over such
application. Otherwise, the Approval Authority is the Forestry Officer,
Commissioner of the Department of Public Works or the Commissioner
of the Department of Parks and Recreation, as designated in this chapter.
The diameter of a tree trunk measured at six inches above
the ground for up to and including four-inch diameter size trees,
and measured at 12 inches above the ground for larger sized trees.
Used for nursery stock and newly planted trees, and not for established
trees.
The foliar cover of trees or groups of trees.
A large or medium tree with a crown size and shape that will
typically provide significant shade and beneficial effects on temperature,
air quality, water quality, and other environmental conditions, at
maturity. Synonymous with "shade tree."
An individual who has obtained knowledge and competency through
an accredited body, including, but not limited to, the current International
Society of Arboriculture arborist certification program, or is a member
of the American Society of Consulting Arborists, or a professional
forester in the New York State Cooperating Consultant Forester Program,
or is a member of the New Jersey Society of Certified Tree Experts,
or is a licensed arborist with the State of Connecticut Department
of Energy and Environmental Protection.
The injury and/or removal of 33% or more of trees from a
property without the benefit of a current and valid tree removal permit.
For purposes of this calculation, trees located within wetlands, watercourses
or adjacent buffer areas, or located within an excessively steep slope,
which are injured and/or removed, shall be counted double.
An office building, retail store, warehouse, storage facility,
shipping facility, theater, restaurant or any establishment which
charges a fee for goods or services.
An encumbrance placed on a portion of a property, in order
to protect an associated resource.
A person, corporation, partnership, firm or entity in possession
of a valid home improvement license from the County of Westchester
and valid Certificate of Insurance, including proof of liability coverage
for personal and property damage and worker's compensation.
The area containing the minimum root area necessary for maintenance
of tree health and stability. The critical root zone for all trees
other than trees of significance is a circle with a radial distance
of one foot for every one inch DBH with a minimum of eight feet, and
from the surface to a depth of three feet. The critical root zone
for a tree of significance is a circle with a radial distance of 1.5
feet for every one inch DBH, and from the surface to a depth of three
feet. A minimum of 75% of the critical root zone must remain undisturbed
to provide for the health of the tree, except when a higher percentage
is required as determined by a Certified Arborist.
The upper portion of a tree which includes the scaffold limbs,
branches, and leaves or needles.
An area, shown on an approved plan and designated by a Board
of the Town, which is to remain in its natural state and where no
disturbance shall occur.
A tree which is specifically required to be planted or preserved
in connection with any permit or other approval issued by the Town
Board, Planning Board, Zoning Board of Appeals, Historic and Landmarks
Preservation Board or any Officer of the Town.
The diameter of the tree trunk or sum of the trunks, measured
at 4.5 feet above natural grade level. The diameter may be calculated
by using the following formula: DBH = circumference at 4.5 feet divided
by 3.142.
For purposes of this chapter, disturbance shall refer to
all of the various activities from construction and development that
cause injury to trees.
The outermost limit of the canopy of a tree as delineated
by the perimeter of its branches and which, when extended perpendicularly
to the ground, encloses the tree.
Removing 1/4 (25%) or greater, of the functioning leaf, stem
or root area of a tree.
The area around a tree based on the topography, site conditions,
wind and other factors that influence the natural direction where
the entire tree or pieces of a tree, would land on a property.
An individual, who is a Certified Arborist that has expertise
regarding trees, tree preservation, tree planting, and tree maintenance,
appointed by the Town of Greenburgh Town Board to administer and enforce
the provisions of this chapter.
Any activity that injures the bark of a tree trunk, typically
extending around much of the tree's circumference.
The alteration of topography through the removal, movement
or addition of soil, fill, or other material.
A tree identified as structurally defective which posed or
poses an imminent risk or increased likelihood that all, or part,
of the tree would fail resulting in a risk of personal injury, death
or property damage in the fall zone.
Any act which significantly weakens the tree, or its stems,
trunk or roots, which may also include, but is not limited to, the
following listed acts: excessive pruning; girdling or partial girdling
of the tree trunk; excavation, compaction of the roots and/or raising
or lowering the existing grade within the critical root zone, or poisoning
in any manner (including, but not limited to, the addition of paint,
brine, oil, gasoline, toxins, petroleum products, concrete or stucco
mix, dirty water, etc., to the ground around a tree within the critical
root zone), which list is not exclusive of other acts which may have
deleterious effects.
A nonnative species whose introduction does or is likely
to cause economic or environmental harm, or harm to human, animal,
or plant health.
A tree expected to grow to a minimum of 50 feet in height
at maturity, with a canopy spread that consists of at least 1,600
square feet, under urban conditions.
A business which has a current and valid Westchester County
Home Improvement license, is registered with the Tree Care Industry
Association (TCIA) or the International Society of Arboriculture (ISA)
and employs at least one Certified Arborist, and which carries valid
certificates of insurance, including proof of liability coverage for
personal and property damage and worker's compensation for work
performed.
A tree expected to grow to a maximum height of between 30
and 50 feet at maturity, with a canopy spread that consists of between
900 and 1,600 square feet, under urban conditions.
A small canopy tree at 20 years of age; a medium canopy tree
at 30 years of age; and a large canopy tree at 40 years of age, as
identified within the Town of Greenburgh Official Replacement Planting
List.
The surface of the ground prior to adding or removing soil,
fill or other added material, within the critical root zone.
A corporation, partnership, association or other legal entity,
as well as an individual.
Any tree growing within the public street right-of-way, outside
of private property, and any tree growing within the limits of a Town
Park or on Town property.
Any tree as specified within § 260-4.
Trees, shrubs, or other plant material that may be required
by the Approval Authority, to mitigate the removal of a tree or trees
on a site.
The base of a tree where the main roots and trunk meet. Also
referred to as the root flare.
A large main branch that forms the main structure of the
crown.
See "Canopy Tree."
A drawing or set of drawings (e.g., property survey, plot
plan, site plan, grading plan, demolition plan, site improvement plan,
utility plan, landscape plan and/or remediation plan) prepared and
stamped by a landscape architect, professional engineer or land surveyor
licensed in the State of New York, which provides a title, project
name, project address, parcel identification number(s) for the project
site, and shows existing site conditions and proposed landscape improvements,
including trees to be removed (marked with an "X"), relocated and
retained, and which shall include the following minimum information:
surveyed tree location, species, size, tree identification number,
drip line area for all trees on the site (including trees located
on any neighboring property which overhang the project site and all
public/street trees located within 50 feet of the project site); existing
and proposed structures; existing and proposed paving, concrete, trenching
or grade change located within any established critical root zone;
existing and proposed utility pathways, surface and subsurface drainage
and aeration systems, walls, tree wells, retaining walls and grade
change barriers, both temporary and permanent; existing and proposed
irrigation and lighting within the drip line of trees to be retained
and new trees to be planted, including all lines, valves, etc.; location
of all proposed tree plantings and other landscaping; any significant
features (e.g. wetlands, watercourses, rock outcroppings) located
on the project site; details for tree protection and delineation of
trees to be protected; a summary table identifying all new plantings
to be installed, specifying their species (Latin and common name),
caliper size and total quantity.
A tree expected to grow to a maximum height of 30 feet at
maturity, with a canopy spread that consists of between 400 and 900
square feet, under urban conditions.
The indiscriminate cutting back of tree branches to stubs
or lateral branches that are not large enough to assume the terminal
role, which can lead to branch dieback, decay, and unstable sprout
production from the cut ends, resulting in a potentially hazardous
situation once the sprouts become large and heavy. Other names for
topping include "heading," "tipping," "hat-racking," and "rounding
over."
A list of trees, shrubs and groundcovers approved and adopted
by the Town Board that includes plant species approved for planting
in the Town of Greenburgh to satisfy the requirements of this chapter
and that which contains information on their characteristics of size,
mid-maturity age, canopy spread, form, habit, and growing requirements.
A fund containing surcharges paid and collected pursuant to the provisions of this chapter, which funds shall be used solely as directed by the Town Board, by resolution, to plant trees on public lands or street rights-of-way within the Town under the direction of the Forestry Officer; and defer costs to homeowners in removing diseased trees with spreading organisms pursuant to § 260-5.
Any self-supporting woody perennial plant of a species, having
a main stem or trunk or multiple trunks with many branches, and at
maturity normally attaining a DBH of three inches or greater (9.5
inches in circumference) and a height of 15 feet or greater.
A tree with unique or noteworthy characteristics or intrinsic
value, including, but not limited to, species, age, location, historical
significance, ecological value, and/or aesthetics, as determined by
the Approval Authority; or, a large canopy tree with a DBH of 36 inches
(113 inches in circumference) or more, a medium canopy tree with a
DBH of 24 inches (75 inches in circumference) or more, or a small
canopy tree with a DBH of 12 inches (37.5 inches in circumference)
or more.
A drawing prepared and stamped by a landscape architect,
professional engineer or land surveyor licensed in the State of New
York, which provides accurate trunk locations, drip line areas, and
critical root zones of all trees or groups of trees to be preserved
on a project site. In addition, the plan must accurately identify
the DBH and correct species of each tree, and clearly indicate the
tree protection zone to be enclosed with the specified tree protection
fencing as a bold dashed line.
The area of temporary fenced tree enclosure reserved around
a tree or group of trees in which no disturbance, grading, access,
stockpiling or other deleterious activity shall occur, unless otherwise
approved in writing by the Approval Authority.
The removal or reduction of certain plant parts that are
not required or are no longer effective, in order to retain or improve
the tree's health, natural habit, balance, stature, value and
contribution to the landscape design.
A permit issued by the Approval Authority under this chapter.
The main stem of a tree, beginning at the root collar and
ending at the lowest main scaffold branch.
A property on which does not presently exist, or has not
existed for any time within the 15 years prior to the submission of
a tree removal permit application, a structure, and, on which there
is a tree canopy coverage of at least 50%.
A.
No person shall cut down, remove, perform topping, excessively prune,
cause injury to, damage, wound, break, kill, destroy, or commit any
act which will lead to the eventual removal of any tree regulated
by this chapter, without first obtaining a tree removal permit issued
pursuant to this chapter, which permit shall be in force and effect
at the time of such tree removal.
B.
No person shall take any action within the critical root zone which
will cause injury to any tree regulated by this chapter, unless written
approval is issued by the Approval Authority.
C.
No person shall fasten or attach to any tree any sign, poster, bill,
notice, advertisement of any kind, birdhouse, clothesline or any other
object, in a manner which will damage or cause injury to a tree, in
any way.
D.
No person shall perform clear cutting on any property within the
Town, as defined in this chapter.
E.
No owner, lessee or occupant of any land or any part thereof shall
install on any such lot or land any trees, shrubs or bushes which
are classified as a prohibited invasive species in 6 NYCRR Part 575
Prohibited and Regulated Invasive Species (http://www.dec.ny.gov/docs/lands_forests_pdf/isprohibitedplants2.pdf).
A.
Unless in possession of a tree removal permit issued pursuant to
this chapter, no person shall purposely, carelessly or negligently
cut down, remove, perform topping, excessively prune, cause injury
to, damage, wound, break, kill, destroy, or commit any act which will
lead to the eventual removal of:
(1)
Any tree that is greater than eight inches in diameter (twenty-five-inch
circumference) at breast height (DBH), measured at 4.5 feet above
natural grade level.
(2)
Any tree that is greater than four inches DBH (12.5-inch circumference) within a wetland, watercourse or wetland/watercourse buffer as defined in Chapter 280 (https://ecode360.com/6817728), or any tree that is greater than six inches in diameter (nineteen-inch circumference) within an excessively steep slope, as defined in Chapter 245 (https://ecode360.com/6817112), of the Town of Greenburgh Town Code.
(3)
Any tree designated by the New York State Department of Environmental
Conservation as a protected native plant, which list can be found
at: https://govt.westlaw.com/nycrr/Document/I21efe775c22211ddb7c8fb397c5bd26b?viewType=FullText=documenttoc=CategoryPageItem=%28sc.Default%29.
(4)
Any Designated Tree, as defined in § 260-2, which includes, but is not limited to any Tree of Significance; any tree within a designated buffer area or conservation easement area as designated on an approved site plan or subdivision plat; any tree specifically designated to be planted or preserved by the Town Board, the Planning Board, the Zoning Board of Appeals, the Historic and Landmarks Preservation Board, or the Forestry Officer; any tree scheduled for protection, preservation or conservation, as shown on an approved Tree Protection and Preservation Plan; and, any tree planted as part of an approved Landscape Site Plan, or as required in connection with any approved tree removal permit.
(5)
Any tree growing within the public street right-of-way, outside of
private property, and any tree growing within the limits of a Town
Park or on Town-owned property.
No owner, lessee or occupant of any land or any part thereof
shall permit or maintain on any such lot or land any trees, shrubs
or bushes or parts thereof which are infected or infested with organisms
which cannot be treated by conventional methods utilized by licensed
professional tree care companies, therein resulting in the death of
such trees, shrubs or bushes, and which organisms are capable of spreading
to other private properties or public lands, resulting in death of
other trees, shrubs or bushes. It shall be the duty of any such owner,
lessee or occupant to destroy and remove all such organisms on written
notice from the Town, within a reasonable period of time, even if
this requires the removal of said trees, shrubs or bushes. In the
event such owner, lessee or occupant does not comply within the time
period provided in the notice, the Town shall have the right to cause
removal of any such infected or infested trees, shrubs or bushes upon
reasonable notice to the owner, and the cost of removal shall be a
tax lien on the owner's property until paid.
A.
In the event that the Forestry Officer receives a hazardous tree removal permit application with appropriate proof related to the condition of a tree or trees, and makes a determination that a regulated tree or trees pose a hazard to life or property, the Forestry Officer shall have the right to grant immediate approval for the removal of said tree or trees and to waive all notifications as required under this chapter. In the event that such approval is granted, the Forestry Officer will require appropriate remediation in accordance with § 260-8.
B.
A property owner shall be permitted to submit a hazardous tree removal
permit application after a regulated tree is removed or cut down when
such removal is proven necessary for the immediate protection of public
health, safety or property. The following will apply:
(1)
If a regulated tree is removed or cut down pursuant to this subsection,
within five business days after such act, the person on whose property
the tree is located must submit a hazardous tree removal permit application
to the Department of Community Development and Conservation, on forms
prescribed by the Town of Greenburgh.
(2)
The Forestry Officer will require photographs, or other appropriate
documentation explaining and confirming the nature of the immediate
threat. In the event three or more regulated trees have been removed,
a tree report from a Certified Arborist may be required in addition
to any other required documentation.
C.
If there is a catastrophic weather event where significant tree damage has occurred, the Town Supervisor may declare a suspension of the hazardous tree removal permit application, notice and other requirements, as set forth above, for a specified period of duration and within specific neighborhoods. The Forestry Officer shall have the authority to require appropriate remediation in accordance with § 260-8.
A.
All applications for tree removal permits and hazardous tree removal
permits shall be made in writing upon forms prescribed by the Town
of Greenburgh. The Approval Authority may require, in addition to
the information set forth on the general forms, such further information
as it deems pertinent to the individual circumstances. The Approval
Authority is not required to process any application unless and until
all relevant information has been supplied.
B.
When any applicant applying for a building permit, subdivision, site plan, special permit, variance(s), stormwater management permit, fill permit or other permit or approval which involves any act regulated under this chapter, the Forestry Officer will endeavor to coordinate the time periods under this chapter with the other approvals and permits, to the extent practicable. In the event an application would require deviation from a plan previously approved by a Board of the Town, the Forestry Officer will coordinate administrative processing and decision on the tree removal permit application with the appropriate Board, except that the Forestry Officer shall be the approval authority with respect to applications to remove trees under § 260-5 or § 260-6.
C.
At the time a tree removal permit application is submitted, and until
a tree removal permit is granted or denied, the trunk of all trees
proposed for removal shall be encircled with orange tape or other
method of tagging, as authorized by the Approval Authority, at 4.5
feet above the ground. No person shall cut down, remove, perform topping,
excessively prune, cause injury to, damage, wound, break, kill, destroy,
or commit any act which will lead to the eventual removal of any tree
regulated by this chapter, until the administrative process set forth
herein is completed, unless specific written approval is provided
by the Approval Authority prior to work taking place.
D.
The appropriate Approval Authority may refuse to accept an application
until the applicant has complied with each of the requirements set
forth in this chapter.
E.
If the Approval Authority is the Commissioner of the Department of Public Works or the Commissioner of the Department of Parks and Recreation, he or she shall have up to 20 business days from the date the application is deemed complete, to grant, grant with conditions or deny the permit application. The Forestry Officer shall have up to 10 business days from the conclusion of the written comment period, as detailed in Subsection H below, to grant, grant with conditions or deny the permit application.
F.
If the Approval Authority is the Town Board, Planning Board, Zoning
Board of Appeals or Historic and Landmarks Preservation Board:
(1)
Such Board shall not make a decision on the tree removal permit application
until such time as it renders its final approval decision; and
(2)
Information regarding the tree removal permit application shall be
included in any public hearing notification process for that particular
application so as to satisfy the notification requirement under this
chapter.
G.
If a tree is located within a designated buffer area or conservation easement area, the tree removal permit application must be submitted to the Board that has jurisdiction over the designated buffer area or conservation easement area, or the area specifically designated to be planted or preserved, unless proof is provided to the satisfaction of the Forestry Officer that said tree or trees are diseased, dead, invasive or hazardous to life or property, whereby § 260-5 and § 260-6 shall apply if applicable.
H.
Upon a determination by the Forestry Officer that an application
has been submitted in full and does not qualify as a hazardous tree
removal permit, the applicant will be required to send a copy of the
application, along with a cover letter from the Forestry Officer,
via U.S. Postal Service regular mail, within five business days following
this determination, to all property owners adjoining the perimeter
of the site, the owners of property directly across the street from
the subject site, and to the Chairperson of the Conservation Advisory
Council. In the event the subject site is adjoining or across the
street from a cooperative or condominium, materials shall be sent
to the managing agent. The cover letter prepared by the Forestry Officer
shall state that all documents filed in connection with the application
are available for public inspection at the Department of Community
Development and Conservation, and that written comments may be submitted
to the Forestry Officer within 10 business days of the date of mailing,
for consideration prior to the issuance of any final determination
on the subject application. The applicant must provide an affidavit
of mailing to the Forestry Officer evidencing the date the materials
were mailed and to whom they were mailed. The Forestry Officer will
promptly forward a copy of any written comments received to the applicant.
I.
In all cases, the tree removal permit must be on site during tree
removal activities, and until all site work is completed. For projects
requiring approval from the Town Building Department, the tree removal
permit must remain on site until a Final Certificate of Occupancy
or Completion is issued by the Building Department.
J.
The Approval Authority may grant, grant with conditions, or deny a tree removal permit application based upon the standards set forth in § 260-8, subject to full compliance with the statutes, laws, ordinances, rules and regulations of the Town otherwise affecting the property. Nothing in this chapter shall negate a condition of approval by any Board of the Town which requires the replanting of trees as a part of such approval.
A.
In determining whether or not a permit should be granted, and, if
granted, whether conditions should be included with the permit, or
denied, the Approval Authority shall consider, in order, the following:
(2)
The condition and species of the tree with respect to overall health,
disease, insect attack, damage, interference and potential interference
with utility services, and proximity to existing trees, existing structures
or proposed structures.
(3)
The environmental impact of the tree removal, including, but not
limited to, the effect of the tree removal on erosion, soil moisture
retention, steep slopes, flow of surface waters and drainage, CO2
and breathable particulate removal, ecosystems supporting wildlife,
or any other environmental factor, and the aesthetic composition of
the land and surrounding area.
(4)
The necessity of the tree removal in order to achieve the applicant's
goals, including, but not limited to, whether the location of the
tree prevents the property owner from undertaking otherwise proposed
construction or alteration (including, but not limited to, teardowns,
renovations and/or expansions) and the possible or practicable alternatives
to the tree removal, including relocation of improvements.
(5)
Whether the proposed tree removal will cause injury to, cut, damage,
destroy or remove more trees than is reasonably necessary to achieve
the goals of the applicant, or is inconsistent with the stated purposes
of this chapter and the standards and specifications in this section
and in the Town of Greenburgh Tree Technical Manual.
(6)
Considerations of land use and the general welfare and overall environment
of the area.
B.
The following standards are required to be met in order to grant,
or grant with conditions, a tree removal permit for a tree or trees
under this chapter:
(1)
Tree Replacement:
(a)
Replacement trees shall be planted on site equal to at least
90% of the environmental value of the trees proposed to be removed;
provided that, if the property is an Undeveloped Forested Property
and the permit is sought in connection with a building permit to build
a commercial facility or a residence or residences, or in connection
with any site plan approval, then the environmental value of the replacement
trees planted on site shall be equal to at least 30% of the environmental
value of the trees proposed to be removed.
(b)
The environmental value of removed and replacement trees shall
be determined by using the iTree methodology on the U.S. Forest Service
website, the National Tree Benefit Calculator on the Arbor Day Foundation
website, or other methodology selected by the applicant and deemed
acceptable by the Forestry Officer. In calculating the percentages
specified above, the applicant shall take into account the environmental
values (gallons of stormwater absorption, and pounds of CO2 removal)
of the replacement trees as of when they reach mid-maturity. All new
trees to be planted must be selected from the Town of Greenburgh Official
Replacement Planting List. At least 50% of the replacement trees shall
be native trees, as identified in the Town of Greenburgh Official
Replacement Planting List. The location of the replacement trees shall
be satisfactory to the Approval Authority, who shall take into consideration
the topography of the site and the potential for stormwater runoff
onto other properties and public streets.
(c)
All replacement trees shall be shown on a landscape plan acceptable
to the Approval Authority, which shall consider the total number of
trees proposed for removal and other relevant factors such as the
topography of the area where trees are proposed for removal. Replacement
trees shall be a minimum 1.5-inch caliper size for deciduous trees,
and five feet in height for coniferous (evergreen) trees, unless the
Forestry Officer provides a waiver or permits modifications to minimum
size standards due to topography or other conditions of the property.
If and to the extent the Approval Authority determines that one or
more trees required to be planted as replacement trees cannot be planted
due to shallow soil conditions on the property, property size or like
prohibitive conditions, alternate plantings of shrubs on site satisfactory
to the Forestry Officer to fulfill the legislative intent of this
chapter may be made.
(d)
Planting of replacement trees are not required if and to the extent the Approval Authority determines that the removal of trees on a property is required as part of good forestry practice to improve the health of remaining trees. Planting of replacement trees are not required to replace trees removed pursuant to § 260-5. Planting of replacement trees are not required to replace invasive species of trees which are removed, and in no event shall any invasive species of trees or plants be planted as replacements.
(e)
If an applicant has violated this chapter and is seeking a tree
removal permit, the replacement tree standard is 120% of the environmental
value of the trees cut down, removed, topped, excessively pruned,
injured, damaged, wounded, broken, killed or destroyed, or, depending
on site characteristics, such other percentage deemed acceptable to
the Forestry Officer.
(2)
In order to increase the diversity of the age, genera and species
in the community tree canopy, consideration shall be given to preserve
mature trees and trees of significance, and to plant trees and shrubs
on sites where the tree population is predominantly over mature and
in the last quarter of its lifecycle. When selecting plant material
for a landscape site plan, to achieve a variety of interest in form,
color and height, and to reduce the opportunity for a pest or disease
outbreak generally associated with the planting of monocultures, the
following table shall be utilized:
|
Table 1. Plant Diversity Table for Tree Replacements under this
Chapter
| ||
|---|---|---|
|
Number of Plant Materials
|
Min. Number of Genera
|
Max. % of any one Genus
|
|
0 to 3
|
1
|
100
|
|
4 to 6
|
2
|
50
|
|
7 to 10
|
3
|
40
|
|
11 to 15
|
4
|
33
|
|
16 to 20
|
5
|
25
|
|
21 to 35
|
6
|
20
|
|
36 to 50
|
8
|
20
|
|
> 50
|
10
|
20
|
(3)
The Forestry Officer shall have the authority to waive or permit
modifications to the above requirements, based on the characteristics
of the subject property and surrounding properties.
(4)
If a tree to be cut and removed is in excess of 12 inches DBH (37.5
inches in circumference) or 30 feet in height, a Licensed Professional
Tree Care Company must be used to perform the cutting and removal.
The Forestry Officer may waive such requirement in writing if the
fall zone is more than 30 feet away from any principal or accessory
structure on any adjoining property. Prior to permit issuance, the
applicant shall provide the Licensed Professional Tree Care Company's
name, address, telephone number, name of job manager, certificate
of liability insurance naming "Town of Greenburgh" as additionally
insured, and a copy of their New York State Workers Compensation insurance.
A contractor may be used where the tree removal is part of an approved
permit issued by any Board or Officer of the Town and the contractor
is approved for tree removal by the Forestry Officer, provided the
information outlined above is submitted in full.
C.
If an applicant proposes the removal of 10 or more trees as part
of any application (not including invasive species), the Approval
Authority is hereby authorized and empowered to obtain the assistance,
when necessary, of a professional consultant selected by it, especially
qualified by reason of training or experience in tree assessment,
valuation, planting, preservation and landscaping or landscape architecture
or engineering, at the applicant's expense (and with 10 days
prior notice to the applicant), which expense shall be reasonable
and customary for such services, in order to fully evaluate a tree
removal permit application, and carry out any requirements or conditions
of a permit issued under this chapter.
D.
If a tree approved for removal is subject to § 260-4A(2), pertaining to trees within a wetland, watercourse or adjacent buffer area, or within an excessively steep slope, whatever additional standards are applicable under Chapter 280 and/or Chapter 245, as appropriate, to disturbances within such regulated areas, are required to be complied with in order for a tree removal permit to be issued.
E.
If a tree approved for removal is subject to § 260-4A(3), pertaining to trees designated by the New York State Department of Environmental Conservation as a protected native plant, the environmental value of such tree must be replaced by a native tree or trees and additionally any permit must be subject to any and all approvals required by the New York State Department of Environmental Conservation.
F.
The property owner shall warrant that all replacement plantings shall
survive and be in a healthy state on the third anniversary of the
date on which the replacement plantings have been provisionally accepted
by the Forestry Officer, or designee, as complying with the permit
conditions. The property owner shall be responsible to promptly replant,
during the next April to November growing season, any replacement
plantings which did not survive in a healthy state, and the permit
conditions shall not be satisfied until such warranty replacement
plantings have survived in a healthy state for two years from when
the replacement plantings have been provisionally accepted by the
Forestry Officer. Should the permit holder fail to replace the trees
voluntarily, written demand for such replacement within a specified
time period, may be issued by the Forestry Officer. Should the permit
holder fail to replace the trees pursuant to demand, and within the
specified period of time, the Forestry Officer shall have the right
to serve a summons and/or declare the maintenance bond, if any, in
default, and apply the escrow cash deposit and/or the proceeds of
the bond to replace the required plantings.
G.
Tree canopy cover in parking lot areas. A minimum of one tree per
each 15 parking spaces, planted within a landscaped island, is required
in connection with all commercial and multifamily development proposals.
Parking areas shall be shaded by medium canopy and large canopy trees
as listed in the Town of Greenburgh Official Replacement Planting
List. Tree canopy cover and trees planted in parking lot areas shall
conform to the Town of Greenburgh Parking Lot Tree Shading Design
and Maintenance Guidelines (available on the Town website).
H.
Streetscape tree requirements. Trees shall be required as part of
the streetscape on the private property side of the lot line fronting
the roadway, in connection with all commercial developments and all
residential developments involving the construction of a new residence.
Tree establishment shall be performed in accordance with the standards
and specifications set forth in the Town of Greenburgh Tree Technical
Manual.
I.
Landscape design criteria.
(1)
Landscape Site Plans shall be prepared by a registered landscape
architect or appropriate licensed professional, and submitted to the
Approval Authority for acceptance prior to a tree removal permit application
being reviewed, in connection with all commercial properties, all
residential development projects, and when more than 10 trees on any
property are proposed for removal. The Forestry Officer may waive
such site plan requirement, in the event, taking into account all
trees removed from such property within the preceding five-year period,
the aggregate tree removal proposed is less than 24 inches DBH (75
inches in circumference) and may in other circumstances s/he deems
appropriate given the health and condition of the tree(s) and the
relevant topography, whereby a written letter outlining all proposed
landscaping may be submitted in the absence of a landscape site plan.
(a)
Replacement plantings to be located in landscape strips, parking
lot islands, environmentally sensitive areas such as wetlands, watercourses,
adjacent buffer areas and on areas of slope greater than 15% shall
be distributed over their entire lengths and widths.
(b)
Landscaping may be arranged symmetrically (formal) or asymmetrically
(informal) and shall be grouped to form plant clusters when practicable.
Informal groupings which reflect the natural character of the region
are encouraged.
J.
All replacement plantings shall be planted and maintained according
to the specifications outlined in the Town of Greenburgh Tree Technical
Manual (available on the Town website), and shall retain their plant
identification tag until a final inspection is conducted by the Town.
K.
All replacement plantings and associated restoration work must be
substantially completed within one year from the date of issuance
of the permit, except that the permit may be extended by the Approval
Authority, who shall have the discretion to grant such an extension
upon the applicant's written request.
L.
Upon completion of all protection, replanting and restoration work
to the satisfaction of the Approval Authority, the performance bond
shall be canceled and replaced with a maintenance bond to be approved
by the Town Attorney and to run for a term of three full growing seasons.
The growing season for Westchester County is April through November.
The 10% cash in escrow shall remain on deposit with the Town until
the maintenance bond is canceled. If new trees or shrubs planted as
part of the restoration work do not survive three full growing seasons,
they shall be replaced in-kind, and the term of the maintenance bond
shall be extended to run for a term of three full growing seasons
from the time any necessary replanting has taken place, to the satisfaction
of the Forestry Officer.
M.
After proper installation of new plantings pursuant to this chapter
and the standards and specifications outlined in the Town of Greenburgh
Tree Technical Manual, removal of all debris from the project site
shall occur immediately, so that the property is left in a neat and
orderly condition in accordance with good and acceptable planting
practices.
N.
The Town Board may, by resolution, modify any of the requirements
of this chapter with respect to trees proposed to be cut or removed
by any municipal department of the Town, taking into consideration
the standards of this law, and sound municipal forestry practices.
A.
The Town Board shall appoint a qualified Forestry Officer who shall
serve at the pleasure of the Town Board to administer and enforce
this chapter. The Forestry Officer shall:
(1)
Receive all applications under this chapter, and maintain accurate
records of all applications and decisions under this chapter and activities
taken by the Town in connection therewith;
(2)
Prepare and publish forms, guidelines, technical manuals, and removal,
planting, maintenance and inspection procedures, necessary or convenient
for administering this chapter;
(3)
Inspect, or cause to be inspected, the trees described in applications
and decisions under this chapter, before and after any site work,
and before the release of any bond;
(4)
Grant, grant with conditions or deny in writing applications under
this chapter in accordance with the standards herein, in those matters
where he/she is the designated Approval Authority;
(5)
Serve as advisor to the Town Board, Planning Board, Zoning Board
of Appeals, Historic and Landmarks Preservation Board and Conservation
Advisory Council with respect to this chapter and enforcement of decisions
hereunder;
(6)
Assist with advising the Town Board on management of trees relating
to public safety, including potential loss of power during severe
weather events, and, in connection therewith, to hire with Town Board
approval, a Certified Arborist to assist him/her in advising the Town
Board;
(7)
Maintain statistics on how many trees are removed and replaced within
Unincorporated Greenburgh pursuant to this chapter each calendar year,
and report such statistics to the Town Board, Planning Board, Zoning
Board of Appeals and Conservation Advisory Council; and
(8)
Carry out any and all related duties with respect to this chapter.
B.
On or before January 30 each year, the Forestry Officer will issue
an annual report with respect to the preceding year, to the Town Board
on the implementation and administration of this law, including any
recommendations for amendments to the law. The annual report will
be posted on the Town website.
A.
The Town Board, through the Department of Community Development and
Conservation, shall issue guidelines, standards, specifications, and
procedures necessary or convenient for implementation of this chapter,
which shall be known as the Tree Technical Manual. The Tree Technical
Manual will be made readily available to the public and those performing
work with respect to trees in the Town, through the Town's website
(www.greenburghny.com), and shall include, but need not be limited
to, standards and specifications regarding:
(1)
Protection of trees during construction and development;
(2)
Replacement requirements for trees permitted to be removed pursuant
to this chapter;
(3)
Maintenance of regulated trees (including but not limited to tree
pruning, irrigation, and protection from pests and disease);
(4)
The format and content of tree reports required to be submitted pursuant
to this chapter;
(5)
The criteria for determining whether a tree is hazardous within the
meaning of this chapter.
B.
In the event of any inconsistency between this chapter and the Tree
Technical Manual, the provisions of this chapter shall prevail.
A.
When the Approval Authority is the Town Board or Planning Board,
information regarding the tree removal permit application shall be
included in the public hearing notification process for that particular
application in order to satisfy the notification requirements under
this chapter.
B.
In addition to § 260-7H, when the Approval Authority is the Forestry Officer, a copy of all decisions or determinations made by the Forestry Officer to grant a permit with or without conditions pursuant to this chapter, shall be sent by the applicant, via U.S. Postal Service regular mail, within five business days of the date of such decision or determination, to all property owners adjoining the perimeter of the site, those properties directly across the street, and to the Chairperson of the Conservation Advisory Council. In the event the subject site is adjoining or across the street from a cooperative or condominium, notice shall be provided to the managing agent. The applicant must provide an affidavit of mailing to the Forestry Officer evidencing the date the decision was mailed and to whom it was mailed. No tree removal shall take place until 10 business days after the Forestry Officer has confirmed receipt of the evidence of mailing.
(1)
This notice requirement may be waived by the Forestry Officer, in
writing, in instances where:
C.
The Town shall not be required to give any notification under this
chapter with respect to the removal of any diseased or hazardous public/street
tree so designated by a Certified Arborist or with respect to any
public/street tree removals which have been part of a public hearing
before the Town Board or Planning Board.
A.
Fees for applications under this chapter shall be established from
time to time by the Town Board. Fees for applications to remove one
or two trees in a calendar year shall be 50% of the otherwise applicable
fee. No fee shall be charged in connection with the removal of invasive
species of trees. If a consultant is engaged by the Approval Authority
as provided for in this chapter, his/her fees and expenses shall be
borne by the applicant. No application will be processed without payment
of the application fee, and processing will be suspended if the fees
and expenses of any such Town consultant are not promptly paid by
the applicant.
B.
For applications proposing the removal of 50 or more trees, or, for those in connection with a property consisting of five acres or more in area, in addition to the fees prescribed under Subsection A above, the applicant shall pay a surcharge equal to the greater of, $500 per tree proposed for removal, or 1% of the collected Building Permit application fee, which shall be deposited into the Town Tree Fund.
C.
The Town Board, Planning Board, Forestry Officer, Commissioner of
the Department of Public Works, Commissioner of the Department of
Parks and Recreation, or designee may, in writing, suspend or revoke
a permit or issue a stop-work order if it finds that there is a violation
of this chapter; or if the applicant or its representatives or agents
has not complied with the terms and conditions of a permit or has
exceeded the authority granted in the permit or has provided written
information, in whole or in part, which proves to be materially false,
deceptive, incomplete or inaccurate.
D.
When the Approval Authority deems it necessary to ensure the protection
of trees scheduled for preservation or conservation, or to ensure
the installation of required replacement plantings, the Approval Authority
may require that the applicant furnish the Town with a performance
bond, cash escrow and/or irrevocable letter of credit from an approved
financial institution or surety, to be approved by the Town Attorney,
in an amount sufficient to cover 90% of the protection, planting and
restoration work to be completed in accordance with the approved plans
accompanying all applications. The remaining 10% of the cost of protection,
planting and restoration work shall be deposited in a cash escrow
account maintained by the Town, and released upon the running of the
warranty period and the satisfaction of all of the permit conditions.
Under all circumstances, the performance bond, cash escrow, or irrevocable
letter of credit obtained by the permit holder, shall continue in
full force and effect until there has been full compliance with, and
approval of, all restoration work required by the Approval Authority.
In the event planting and restoration work has not been substantially
completed within one year and no permit extension has been applied
for or granted, the Approval Authority shall have the right to consider
the permit abandoned and declare the performance bond, cash escrow,
or irrevocable letter of credit in default, and may apply the escrow
deposit and/or the proceeds of the bond or letter of credit to perform
all required planting and restoration work. By accepting a permit,
the applicant and property owner thereby agree to this procedure and
grant unconditional access to the land for such restoration purposes.
E.
In addition, a violator will be required to plant, pursuant to the
standards in this chapter, replacement tree or trees having an environmental
value of 120% for each tree cut down, removed, topped, excessively
pruned, injured, damaged, wounded, broken, killed, destroyed, or for
any act committed which will lead to the eventual removal of such
tree in violation of this chapter, or, depending on site characteristics,
such other percentage deemed acceptable to the Forestry Officer, which
shall be selected from the Town of Greenburgh Official Replacement
Planting List. In the event a lesser percentage is approved by the
Forestry Officer, the violator will be subject to a surcharge, in
the amount of $500 per each 1% under the 120% environmental value
replacement requirement. All collected surcharges will be deposited
into the Town Tree Fund.
F.
This chapter shall be enforced by the Forestry Officer; Greenburgh
Police Department, Building Inspector, Greenburgh Department of Public
Works and Greenburgh Department of Parks and Recreation, as appropriate;
and such others as the Town Board may designate. By accepting a permit
under this chapter, the property owner consents to entry on its property
by the foregoing officials, or designees, for inspection and enforcement
purposes.
G.
Any person violating any provision of this chapter shall be guilty
of a violation and upon conviction shall be subject to fines per tree
as follows by the Town Court, taking into consideration the severity
and circumstances of a violation:
(1)
Trees up to and including eight inches DBH: up to $500.
(2)
Trees greater than eight inches DBH and up to and including 12 inches
DBH: up to $1,500.
(3)
Trees greater than 12 inches DBH: up to $3,000.
(4)
Public/Street trees, trees within a wetland, watercourse or wetland/watercourse
buffer, or in an excessively steep slope: up to $4,000.
(5)
Trees of Significance: up to $5,000.
(6)
Designated Trees: up to $5,000.
(7)
Trees within Conservation Easement Areas or Designated Buffer Areas,
or trees designated by the New York State Department of Environmental
Conservation as a protected native plant: up to $7,500.
(8)
Fines per tree shall be doubled in the event that more than five
regulated trees on a site are cut down, removed, topped, excessively
pruned, injured, damaged, wounded, broken, killed, destroyed, or for
any act committed which will lead to the eventual removal of such
tree without a permit, or, if clear cutting has been determined to
have taken place, or, if any tree is cut down, removed, topped, excessively
pruned, injured, damaged, wounded, broken, killed, destroyed, or any
act is committed which will lead to the eventual removal of such tree,
while an application is pending. Maximum fines will be issued to any
repeat offender.
H.
In addition thereto, any person or entity violating any provision
of this chapter may be subject to a civil penalty enforceable and
collectible by the Town in the amount of up to $1,000 each day the
violation continues for every tree.
I.
No building permit or other permit or approval may be issued, and
if previously issued shall be suspended, until violations under this
chapter are resolved and a remediation plan is accepted by the Approval
Authority.
J.
A Licensed Professional Tree Care Company or a contractor hired to
remove regulated trees in the Town, must confirm that a valid tree
removal permit is in place for each tree to be removed, by contacting
the Forestry Officer and receiving in return an email providing clearance
to proceed. Any Licensed Professional Tree Care Company or contractor
who violates any of the provisions of this chapter or which has cut
down, removed, topped, excessively pruned, injured, damaged, wounded,
broken, killed, destroyed, or has committed any act which will lead
to the eventual removal of any tree without a permit will be subject
to a fine of up to $5,000 per tree, in addition to any fines levied
against the property owner. The Forestry Officer shall notify Westchester
County of the name of any Licensed Professional Tree Care Company
or contractor who has violated this ordinance.
A.
Any applicant aggrieved or affected by the determination of the Forestry
Officer with respect to an application for a tree removal permit may,
within 10 business days of such determination, request an administrative
appeal to the Town Board, by filing a notice of administrative appeal
with the Town Clerk. To perfect the administrative appeal, a statement
setting forth the reasons for the appeal must be filed with the Town
Board and Conservation Advisory Council within five business days
thereafter. Prior to the Town Board conducting a hearing, the appeal
will be referred to the Conservation Advisory Council, which will
conduct a mediation over a forty-five-day period. If mediation is
unsuccessful, the Town Board shall conduct a hearing on the appeal
within the following 30 calendar days and, shall, based upon the standards
contained herein and the facts of the matter, deny, grant or grant
with conditions the permit being sought.
B.
Any determination, decision or order of the Approval Authority may
be judicially reviewed by the applicant or any other aggrieved party
by the commencement of an action pursuant to Article 78 of the Civil
Practice Law and Rules of the State of New York.
