The removal of any tree within 15 feet of each and every residential property line shall be prohibited unless an area variance is obtained from the Village Zoning Board of Appeals. Said removal shall include intentional actions to remove a tree as well as negligent damage to trees through excessive pruning, improper application of herbicides, excavation or grading or any other willful damaging activity. The removal of any other tree within a residential lot shall be permitted, but the minimum number of such trees only shall be removed consistent with the design of any residential structure as such balance is determined by the property owner in consultation with any professional retained by said property owner.
[Adopted 3-21-2016 by L.L. No. 3-2016; amended 10-4-2021 by L.L. No. 4-2021]
As used in this article, the following terms shall have the meanings indicated:
A licensed architect, engineer or arborist.
A principal residence only.
Any woody perennial plant characterized by having a single trunk or multitrunk structure at least 10 feet high and having a major trunk with a caliper of at least four inches measured 54 inches above the ground level.
Nothing herein this article shall be deemed any waiver of, nor permission to, nor approval of the cutting of trees where permission is required from any New York State or federal authority, including, but not limited to, compliance with New York State Department of Conservation Regulations concerning the protection of Northern Long-Eared Bats within any occupied habitat or any tree designated by the New York State Department of Environmental Conservation as a protective native plant or tree or any tree within a New York State or federal wetland or within 25 feet of the top of the bank of any drainage way.
The Village Board of Trustees for the Village of Airmont may from time to time establish a tree committee for the purpose of recommending to property owners the planting or removal of trees on any property owned by any property owner within the Village. The Village Board of Trustees shall establish rules and regulations for the composition of such Tree Committee which shall be no less than three Village residents and no more than five Village residents whose terms of office for said Tree Committee shall be for one year. The Tree Committee shall be advisory only with its recommendations and no such recommendation of the Tree Committee shall be binding on any property owner.
The penalty for violating this article shall be no less than $250 and no more than $2,500 per violation.
This article is enacted pursuant to the authority of Section 10(1)(ii)(3) of the Municipal Home Rule Law authorizing villages to adopt local laws which may amend or supersede any provision of the Village Law in relation to the property, affairs of government of the Village or in relation to any other enumerated subject matters in such Section 10.
Nothing herein this article shall prevent the removal of any tree that poses a threat to public safety as certified by the Village Building Inspector or a licensed arborist or for actions taken by a utility company or governmental agency as part of the regular maintenance and protection of infrastructure.
Should any section, sentence or provision of this article be determined by any court of competent jurisdiction to be unconstitutional or invalid in any way, such determination shall not affect the validity of this article as a whole or any part thereof other than the part expressly so determined to be unconstitutional or invalid.