As a community of striking natural beauty, with a long tradition
of environmental awareness and protection in northeastern Westchester
County, the Town of Lewisboro recognizes the inherent value and necessity
of preserving and protecting trees in our overwhelmingly residential
community. These include the absorption and storage of carbon dioxide
and polluting particulates, protection of natural wetlands and drinking
water, as well as reduction of storm runoff and erosion on steep slopes.
As such, these benefits are both essential and self-evident. However,
as a community, we also acknowledge the need to balance the preservation
and protection of trees against the rights of individual homeowners
and residents to use, enjoy and protect their properties, while being
free of unduly burdensome governmental interference and restrictions.
As such, the Town of Lewisboro, in an effort to protect the health,
safety and welfare of its citizens, finds it necessary to regulate
the removal of trees in furtherance of the balance of the interests
of preservation and conservation with the rights of property owners,
as well as to expressly prohibit the clear-cutting of trees on all
residential properties, of whatever lot size, as defined herein.
As used in this chapter, the following terms shall have the
meanings indicated:
AGRICULTURAL ACTIVITY
The activity of an active farm, including grazing and watering
livestock, irrigating crops, harvesting crops, and using the land
for growing agricultural products, but shall not include the operation
of a dude ranch or similar operation, or the construction of new structures
associated with agricultural activities, or cutting timber for sale.
CLEAR-CUTTING
The cutting down and/or removal of live trees from any residential
property within the Town of Lewisboro in the absence of any visible
evidence of one or more of the following circumstances:
A. Such tree being dead, diseased, and/or in a state of irreversible
decline or decay, as determined by a professional arborist (or other
licensed tree service professional retained by the property owner
or resident); or
B. Posing a substantial risk of endangering life or property if any
such tree or trees are not cut down and/or removed from the residential
property in question.
DEAD TREE
A tree that is lifeless. Evidence of lifelessness may include
unseasonable lack of foliage, brittle dry branches, or lack of any
growth during the growing season.
INVASIVE SPECIES
A species, not native to an ecosystem, whose introduction
does or is likely to cause economic or environmental harm or harm
to human health.
SPECIMEN TREE
A tree with a dbh of 18 inches or larger, and small native
or ornamental flowering trees with a dbh of eight inches or larger.
TREE
Any self-supporting woody plant with an erect perennial trunk
or multiple trunks which are, in combination, with a sum of six inches
dbh.
The approving authority may, as a condition of granting a permit:
A. Regulate the days and hours of removal operations.
B. Regulate the size and number of trucks and routes used for removal.
C. Require tree protection, or other mitigation to prevent erosion,
provide screening, preserve ecological systems or remediate effects
on neighboring properties or roads.
D. Require the replanting of replacement trees of a similar or different
species or, in the event that the approving authority deems it impractical
to require replanting or replacement of trees pursuant to this section,
require addition of other vegetative material or fencing or terracing
or other similar measures to offset the negative effects of tree removal.
E. In the discretion of the approving authority as a condition of permit
issuance pursuant to this chapter, require posting of a performance
bond with a minimum term of two years to ensure compliance with this
chapter and other regulations of the Town of Lewisboro.
F. Require such other safeguards as may be deemed appropriate to minimize
the environmental impact of such permitted activity.
A tree removal application shall be accompanied by a fee as
set forth in the Fee Schedule of the Town of Lewisboro, as may be
amended from time to time by resolution of the Town Board.
Any applicant aggrieved or affected by the determination of
the approving authority with respect to an application for a tree
removal permit may appeal such determination to the Zoning Board of
Appeals, stating the reason for such appeal. The Zoning Board of Appeals
shall conduct a hearing on the appeal within 60 calendar days of receipt
of such appeal and shall, based upon the standards contained herein
and the facts of the matter, deny, grant, or grant with conditions
the permit being sought.