[HISTORY: Adopted by the Board of Trustees of the Village
of Sleepy Hollow 3-8-2022 by L.L. No. 2-2022.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 385,
Trees, adopted 12-21-2004 by L.L. No. 13-2004 (Ch. 52A of the 1965
Code), as amended.
Trees and shrubs are necessary to protect the health, safety,
beauty, environment, ecosystems and general welfare of the inhabitants
and properties of the Village of Sleepy Hollow. Trees and their canopies
are infrastructure as they act as a natural noise barrier, provide
oxygen, impede soil erosion and flooding, aid water absorption, absorb
CO2 and other pollutants, provide shade, screening
and privacy, and improve the character of the neighborhood. They also
promote species diversity. The intent of this chapter is to regulate
the quantity of healthy trees, the quality and canopy of trees, and
the distribution of trees within the Village, to promote community
stewardship of the full Village tree canopy, and thus to enhance the
total urban forest.
The following terms, as used in this chapter, shall have the
following meanings:
The foliar cover of trees or groups of trees.
Any deciduous tree that fails to leaf out during the growing
and flowering season, a coniferous tree that sheds all its needles
and fails to green in the growing season, or any other tree certified
as dead by a certified arborist.
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 equals circumference at 4.5 feet
divided by 3.142.
The Environmental Advisory Committee of the Village of Sleepy
Hollow.
The area around a tree based on topography, site conditions,
wind, and other factors that influence natural direction where the
entire tree or pieces of a tree would land on a property.
A tree identified as structurally defective which poses a
risk or increased likelihood that all or part of the tree would fall,
resulting in a risk of imminent danger or of property damage in the
fall zone.
A hazard that puts someone at immediate serious risk of death
or serious physical harm.
With respect to any tree, any action that either immediately
or within five years of the initiation of such action will cause the
death of the tree. Such action shall include, but shall not be limited
to, excessive topping or pruning, causing or permitting oil, gasoline,
herbicide, paint, brine, hot water, steam, or other gaseous liquid
or solid substances that are deleterious to trees to contact any tree
or to enter the soil about the base or root system of any tree. Such
action shall also include altering the grade around any tree in any
manner that may cause injury to the tree.
An introduced, nonnative organism (disease, parasite, plant,
or animal) that begins to spread or expand its range from the site
of its original introduction and that has the potential or is likely
to cause economic or environmental harm or harm to human, animal,
or plant health.
A plan devised by the Tree Officer for the care of trees
and plantings on Village property.
Any individual, partnership, association, corporation, public
agency, public utility organization of any kind, or any agent of any
thereof.
All parcels of real property not owned by any unit of government
situated in the Village of Sleepy Hollow, whether occupied or vacant,
regardless of size, topography or location.
A drawing prepared by an architect, landscape architect,
urban planner, or engineer that shows existing and proposed conditions
for a parcel of land that is to be modified.
Any tree which, by virtue of its legend, heritage, history,
or municipal importance, has been recognized, designated and named
a tree of significant Village importance by resolution of the Board
of Trustees.
The number of healthy trees on Village property.
A person appointed by the Mayor, subject to the approval
of the Village Board, whose functions and duties are set forth herein.
The Village of Sleepy Hollow and its officials.
Every street, highway, public right-of-way to the full width
thereof, between property lines of property owned by persons other
than the Village, every public park owned by the Village, and all
other property owned by the Village, including underdeveloped streets
and public areas from which no tax revenue is derived by the Village.
A.
A permit for the removal of trees shall not be required in the following
instances:
(1)
Any tree within 10 feet of any front, side, or back of any building,
as determined by the Tree Officer.
(2)
Any tree smaller than eight inches DBH, as determined by the Tree
Officer.
(3)
A hazardous tree, as determined by the Tree Officer.
(4)
A dead tree, as determined by the Tree Officer.
(5)
Any tree being removed as shown on a site plan approved by the Planning
Board.
No person shall:
A.
Except as set forth in § 385-3 of this chapter, cause injury to any tree on private property or on Village property without first obtaining a tree removal permit.
B.
Install any trees, shrubs or bushes that are classified as prohibited
invasive species in 6 NYCRR Part 575, Prohibited and Regulated Invasive
Species (http://www.dec.ny.gov/docs/lands_forests_pdffisprohibitedplants2.pdf).
C.
Perform any digging operation within the root system of any tree
on Village property without prior written approval.
D.
Fasten or tie any animal to any tree on Village property, allow any
animal under such person's control to cause injury to any tree
on Village property, or attach any sign, bill, card, poster, notice,
advertisement, or other attachment to any tree on Village property.
A.
The Tree Commission shall meet monthly for the purpose, among others,
of:
(1)
With respect to trees on Village property:
(a)
Discussing their preservation.
(b)
Granting permission for the installation of any wire, insulator,
or device on any tree.
(c)
Approving the performance of any digging operation within the
root system of any tree located on Village property.
(d)
Holding a hearing on an application for a tree removal permit
and hearing an appeal filed by the Village with respect to a tree
on Village property if a tree removal permit was denied by the Tree
Officer.
B.
The Tree Commission shall have five members, including two residents
of the Village, two members of the EAC and the Tree Officer. Resident
and EAC members shall each be appointed for a two-year term by the
Mayor subject to the approval of the Board of Trustees.
C.
Any member who misses two consecutive monthly meetings, or four in
any twelve-month period, shall be removed from the Commission and
a replacement member shall be appointed in his/her stead.
A.
On or before the first of January 2022, the Village shall hire a
certified arborist to act as the Village's Tree Officer.
B.
The Tree Officer shall prepare agendas and preside at meetings of
the Tree Commission.
C.
The primary responsibilities of the Tree Officer are as follows:
(1)
To review applications for tree removal permits and, following review
of application and inspection of tree(s) sought to be removed, decide
whether a permit is required.
(2)
To ensure the positive husbandry of trees located on Village property,
which includes but is not limited to:
(a)
Overseeing the taking of an inventory of trees to assess what
is needed.
(b)
Developing a comprehensive maintenance plan for the care and
maintenance of trees.
(c)
Developing a comprehensive plan for replacing and/or adding
trees.
(d)
In conjunction with the Department of Public Works and/or the
Department of Parks and Recreation, providing for the care and maintenance
of trees located on Village property.
(e)
Utilizing the Tree Fund for the benefit of the Village.
(f)
To prepare, in conjunction with the Tree Commission, an annual
report, to be submitted to the Board of Trustees on or before March
1, which shall include, among others, the Tree Officer's plan
for the care and maintenance as well as the removal and replacement
of trees on Village property, the current inventory of trees on Village
property, the number of applications received for tree removal permits,
the number of denials and the number of trees removed in the Village
in a calendar year.
The Tree Officer or the Tree Commission, as the case may be,
shall consider the following criteria before granting or denying an
application for a tree removal permit:
A.
The type of tree and whether it is unique to the area or is a specimen
tree.
B.
The condition and species of the tree with respect to overall health,
disease, age, insect attack, damage, proximity to existing trees/structures
or proposed structures, or potential interference with utility services
and/or potential hazards.
C.
The effect of the removal on the environment and/or ecological systems
supporting wildlife, including but not limited to the effect of removal
on erosion, soil moisture retention, steep slopes, flow of surface
waters and drainage, and CO2 and breathable
particulate removal.
D.
Location(s) considered for replacement trees.
E.
The effect of the removal on neighborhood characteristics.
F.
The then current use of the land and the use to which the land will
be put after removal.
G.
The general welfare of the immediate surrounding area and the overall
public interest.
A.
Application for permits for the removal of trees shall be in writing
on a form prescribed by the Tree Commission. The application is available
online or in person from the Building Department and upon submission,
shall be accompanied by all applicable fees.
B.
Each application shall include: proof of notice to land owners adjacent
to and across the street from the property on which the tree(s) are
located; the number of trees to be removed; reason(s) for removal;
type(s) of tree(s) to be removed; height and DBH of tree(s) to be
removed; and location of tree(s) on property. Where the proposed removal
is for more than 10 trees, the applicant must include existing and
proposed contours at two-foot intervals at a scale of one inch equals
50 feet.
A.
Within two days of receipt of a completed application with supporting
documentation and the required fee, the Building Department shall
refer the application to the Tree Officer for review.
B.
If the applicant seeks the removal of more than three trees in any
365-day period:
(1)
The Tree Officer shall:
(a)
Convene a hearing to be held by the Tree Commission not more
than 30 days from the date of the application by due notice to its
members.
(b)
Advise the applicant, in writing, of the date and time of such
hearing.
(c)
Publish notice of such hearing on the Village website not less
than seven days prior to the date of the hearing.
(d)
Prior to the hearing and/or a decision on the application, the
Tree Officer shall inspect the property and trees proposed to be removed.
(2)
The applicant, land owners adjacent to and across the street from
the property on which the tree(s) are located, and the public shall
have the right to be heard at the public hearing.
(3)
The Tree Commission may grant the application subject to conditions,
including but not limited to the requirement to plant replacement
trees of specific types and sizes in specified locations within a
specific time frame.
(4)
Not more than 60 days following receipt of a completed application,
the Tree Commission shall decide whether to issue a tree removal permit,
to issue a tree permit subject to conditions, or to deny the application
and shall so notify the applicant, in writing, by certified mail.
C.
If the applicant does not seek removal of more than three trees in
any 365-day period:
(1)
The Tree Officer may grant an application for a removal permit subject
to conditions, including but not limited to the requirement to plant
replacement trees of specific types and sizes in specified locations
within a specific time frame.
(2)
Not more than 30 days following receipt of a completed application,
the Tree Officer shall decide whether to issue a tree removal permit,
to issue a tree permit subject to conditions, or deny the application
and shall so notify the applicant in writing by certified mail.
D.
A permit shall be issued by the Tree Officer, within five days of
receipt of an application, for any tree that is a dead tree, a hazardous
tree, or an invasive species.
A.
Any applicant aggrieved by the Tree Officer with respect to an application
for a tree removal permit may, within 15 days of such determination,
request an administrative appeal to the Tree Commission by filing
a notice of administrative appeal with the Village Clerk. To perfect
the appeal, a statement setting forth the reasons for the appeal must
be filed with the Village Clerk and the Tree Commission within five
days thereafter. The Tree Commission shall conduct a hearing on the
appeal within 30 days of perfection and shall, based upon the criteria
set forth herein and documentation submitted, issue a tree permit,
issue a tree permit subject to conditions, or deny the appeal.
B.
Any determination, decision or order of the Tree Commission 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.
Any tree removed from private property requiring the issuance
of a permit shall be replaced with two trees either on the same property
or in a location determined by the Tree Officer. Consideration shall
be given to replacing trees that, upon maturity, will be similar in
height and canopy potential to the tree(s) removed. In lieu of replacing
the tree, the owner may contribute to the Village Tree Fund an amount
equal to the cost of the two trees as determined by the Tree Officer.
A.
Trees on Village property shall be kept pruned so that any branches
projecting out over a public street or sidewalk are not less than
15 feet from ground level; provided, however, that trees shall not
require pruning in their first two years unless such trees interfere
with any person using the sidewalk or public right-of-way or obstruct
any streetlight or traffic signal.
B.
Trees on private property shall be kept pruned so that any branches
projecting out over a public street or sidewalk are not less than
15 feet from ground level; provided, however, that trees shall not
require pruning in their first two years unless such trees interfere
with any person using the sidewalk or public right-of-way or obstruct
any streetlight or traffic signal.
C.
Trees shall be kept pruned so as not to obscure traffic signs or
the vision of motorists approaching intersections or to obstruct any
streetlight or traffic signal.
D.
Refuse must be removed after pruning.
E.
Trees that interfere with a public sewer, a public water line, or
utility distribution lines shall be considered a public nuisance.
F.
If any person fails to comply with either Subsection B, C, D, or E of this section with respect to any tree on private property, the Village shall have the right to cause such pruning or removal of trees and removal of refuse and assess the cost thereof against the owner of the private property on which the tree was located.
A.
The Village Tree Fund shall be used solely for the planting and maintenance
of trees on Village property.
B.
Disbursements from the Village Tree Fund shall be made upon the recommendation
of the Tree Officer or the Tree Commission and, in the discretion
of the Board of Trustees, approved by the Board of Trustees.
C.
Appropriations for the Village Tree Fund may be requested by the
Tree Commission by application to the Village Budget Officer for inclusion
in the proposed budget.
A.
Criminal. Any person violating any of the provisions of this chapter
shall:
(1)
Commit an offense, the fine for which shall not exceed $2,000 and/or
replacement of any tree(s) which has been destroyed.
(2)
Be subject to imprisonment not to exceed 15 days.
(3)
The destruction or injury of each tree shall be deemed a separate
offense notwithstanding any penalties which may be imposed by the
court.
