The following terms shall have the meanings indicated for purposes of this chapter:
APPLICANTAny person, corporation, partnership, firm or any other entity making an application pursuant to this chapter.
APPROVAL AUTHORITYIf 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.
CALIPERThe 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.
CANOPYThe foliar cover of trees or groups of trees.
CANOPY TREEA 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."
CERTIFIED ARBORISTAn 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.
CLEAR CUTTINGThe 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.
COMMERCIAL FACILITYAn office building, retail store, warehouse, storage facility, shipping facility, theater, restaurant or any establishment which charges a fee for goods or services.
CONTRACTORA 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.
CRITICAL ROOT ZONE (CRZ)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.
CROWNThe upper portion of a tree which includes the scaffold limbs, branches, and leaves or needles.
DESIGNATED BUFFER AREAAn 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.
DESIGNATED TREEA 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.
DIAMETER AT BREAST HEIGHT (DBH)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.
DISTURBANCEFor purposes of this chapter, disturbance shall refer to all of the various activities from construction and development that cause injury to trees.
DRIP LINEThe 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.
EXCESSIVE PRUNINGRemoving 1/4 (25%) or greater, of the functioning leaf, stem or root area of a tree.
FALL ZONEThe 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.
FORESTRY OFFICERAn 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.
GIRDLINGAny activity that injures the bark of a tree trunk, typically extending around much of the tree's circumference.
GRADINGThe alteration of topography through the removal, movement or addition of soil, fill, or other material.
HAZARDOUS TREEA 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.
INJURYAny 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.
INVASIVE SPECIESA nonnative species whose introduction does or is likely to cause economic or environmental harm, or harm to human, animal, or plant health.
LARGE CANOPY TREEA 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.
LICENSED PROFESSIONAL TREE CARE COMPANYA 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.
MEDIUM CANOPY TREEA 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.
MID-MATURITYA 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.
NATURAL GRADE LEVELThe surface of the ground prior to adding or removing soil, fill or other added material, within the critical root zone.
PERSONA corporation, partnership, association or other legal entity, as well as an individual.
PUBLIC/STREET TREEAny 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.
REPLACEMENT PLANTINGSTrees, 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.
ROOT COLLARThe base of a tree where the main roots and trunk meet. Also referred to as the root flare.
SCAFFOLD BRANCHA large main branch that forms the main structure of the crown.
SITE PLANA 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.
SMALL CANOPY TREEA 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.
TOPPINGThe 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."
TOWN OF GREENBURGH OFFICIAL REPLACEMENT PLANTING LISTA 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.
TOWN TREE FUNDA 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.
TREE OF SIGNIFICANCEA 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.
TREE PROTECTION AND PRESERVATION PLANA 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.
TREE PROTECTION ZONE (TPZ)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.
TREE PRUNINGThe 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.
TRUNKThe main stem of a tree, beginning at the root collar and ending at the lowest main scaffold branch.
UNDEVELOPED FORESTED PROPERTYA 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%.