There is a direct relationship between the number of trees planted
in a community and the health, safety and welfare of that community.
Trees provide shade, add color, control water and air pollution, stabilize
the soil, prevent erosion and flooding, reduce air pollution, temper
noise, add aesthetic and historic values, and provide economic benefits.
Indiscriminate or unnecessary destruction of trees causes deprivation
of these benefits. Furthermore, the destruction of trees causes increased
municipal costs for proper drainage control and impairs the benefits
of occupancy of existing residential properties. In order to provide
protection against the indiscriminate destruction of trees, this document
establishes minimum standards for tree protection.
The City of Peekskill, furthermore, takes note of the findings
of the New York State Environmental Quality Review Act, among them
being the obligation of the City to serve as a steward of air, water,
land and living resources and the obligation to protect the environment
for the use of this and future generations. It is the intent of the
City to recognize these responsibilities in part by providing these
procedures as well as to preserve the health and welfare and character
of the community.
As used in this chapter, the following terms shall have the
meanings indicated:
CLEAR CUTTING
Removal of six trees or more having a six-inch DBH or greater
on any lot which is 7,500 square foot or less, or removal of 10 trees
or more having a six-inch DBH or greater on any lot which is over
7,500 square feet.
CROWN
All portions of a tree, excluding the trunk and roots, such
as branches, leaves, flowers and other foliage.
DESTRUCTION
Any deliberate or negligent activity that is likely to result
in the removal of a tree, including, but not limited to, cutting down,
bark removal, use of chemical agents, or other damaging activity that
a reasonable person would understand is likely to result in the death
of the tree.
HAZARDOUS TREE
Any tree which constitutes a public nuisance by virtue of
having an infectious disease or insect problem, being dead or dying,
having limbs that obstruct street lights, traffic lights, etc., roots
that impact sidewalks, curbs, streets and sewer lines, etc., or a
tree that poses a threat to public safety from falling limbs.
LIMIT OF DISTURBANCE AREA
A clearly designated area within which land disturbance may
occur, including activities related to construction, materials storage,
grading, landscaping, management of vegetation, and any other activities
related site preparation.
PRIVATE LAND
Any real property owned by any individual, partnership, corporation,
or other similar legal entity.
PUBLIC LAND
Any land owned by the City of Peekskill or any other governmental
entity, including the right-of-way of any road.
TREE
Any woody plant having at least one well-defined trunk with
at least a DBH of six inches and having a clearly defined crown.
TREE REMOVAL
Any act that removes a tree from its existing location.
Except as provided in §
530-5, no person, firm or corporation shall conduct, directly or indirectly, any of the following activities unless a tree removal permit is obtained pursuant to this chapter:
A. Tree removal with a DBH of six inches or greater on any private property.
B. Carelessly or negligently cutting down, killing, or otherwise destroying
or committing any act which will lead to the destruction of any tree
with a DBH of six inches or greater on any private property.
C. Removal of any tree in any recognized and regulated federal or state
wetland.
The following activities are permitted by right without the
requirement of a tree removal permit.
A. Removal of any tree not regulated by this chapter.
B. Removal of any tree authorized by the City of Peekskill Planning
Commission as part of an approved site plan.
C. Removal of any tree that creates an actual or ongoing emergency condition
when such immediate tree removal is necessary for the protection and
preservation of life or property.
D. Tree maintenance or pruning that does not damage the basic nature
of the tree or reduce the size of the tree by more than one quarter
of its overall size and height.
E. Removal of any tree that does not create an actual or ongoing emergency
condition requiring immediate removal which has been found to be dead,
dying, invasive, insect-infested or otherwise hazardous as determined
in writing by an arborist certified by the International Society of
Arborists and submitted to the Building Inspector prior to removal
of the tree.
F. Removal of trees to be done by or on behalf of the City of Peekskill.
G. Removal of trees required by electrical utility companies that by
operation of law are exempt from the permit requirements of this chapter.
All public electrical utility companies shall provide notification
to the City and to the property owner of property where tree removal
will be conducted, prior to the removal of any tree or trees.
This chapter shall become effective immediately upon the filing
with the Secretary of the State of New York. Any building permit applications
received by the Building Department prior to the effective date of
this chapter shall not be subject to the provisions of this chapter.
If any clause, sentence, paragraph, section or part of this
chapter shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not affect, impair or invalidate the
remainder of this chapter but shall be confined in its operation to
the clause, sentence, paragraph, section or part thereof directly
involved in the litigation in which such judgment shall have been
rendered.