[HISTORY: Adopted by the Board of Trustees
of the Village of Briarcliff Manor 4-10-1996 by L.L. No. 5-1966. Amendments
noted where applicable.]
The shaded ambience of the Village of Briarcliff
Manor underlies the unique character of the Village. Trees provide
shade, impede soil erosion, aid water absorption and retention, inhibit
excess runoff and flooding, and protect the watershed. Trees cut air-conditioning
costs by providing shade and reduce heating costs by serving as windbreaks,
resulting in energy efficiency for the heating of buildings. Trees
provide a natural habitat for wildlife, and buffer views of development.
By maintaining the existing character of the Village, they enhance
property values and contribute to the significance of historic buildings,
structures and places in the Village. Trees serve as an amenity that
satisfies residents' psychological and aesthetic needs. The Village,
desirous of protecting the general welfare, beauty, the health and
safety of its community enacts this chapter for the preservation of
its trees.
As used in this chapter, the following terms
shall have the meanings indicated:
Any person, agency or organization (public or private) requesting
approval for actions covered by this chapter.
The Village Planning Board or the Building Inspector, acting
as the body having authority to approve or deny applications for tree
removal.
The cutting within any twelve-month period of 10 or more
trees with a DBH of seven inches or greater in any quarter acre (10,000
square feet) area that is located on the subject property.
An operation in which a landowner or representative of the
landowner is compensated in any manner for the removal of trees.
Standard measurement of the diameter or caliper of a tree
made at 4 1/2 feet above ground level on the uphill side.
An imaginary, roughly circular line extending from the maximum
spread of the limbs of a tree or shrub to the ground.
Area of vegetative screening or landscaping established in
conjunction with time approval of a subdivision by the Village Planning
Board.
A subdivision plat which, if approved, would have the effect
of creating one or more than one new lot(s) for the development of
which site plan approval would be required.
Any land owned by the Village of Briarcliff Manor, including,
but not limited to, parks and fields (developed and undeveloped),
grounds of public buildings, libraries, streets, public road right-of-way,
public utility right-of-way.
An area of vegetative screening measured from the side and
back property line of residentially-zoned property extending 10 feet
towards the interior of the property. This zone shall not apply to
front yards, and shall commence on side yards at the same setback
from the right-of-way as applied to fences.
Irrespective of other definitions (e.g., diameter, location),
any tree designated by the administering authority as requiring special
consideration (e.g., preservation actions, welling, place of buildings,
location of utilities and right-of-way, etc.) because of its unique
location, aesthetic properties, species, or its historical and/or
unique value to the Village.
A woody perennial plant having a single, usually elongated,
main stem generally with few or no branches on its lower part and
is covered with a head of branches and foliage.
The reviewing body for permit applications.
A plan which identifies trees to be removed and/or planted,
and sets forth measures to protect trees before, during and after
construction.
Any action that will remove a tree and/or cause a tree to
die within a one-year period.
A.
Privately-held developed property.
(1)
Activities permitted by right:
(a)
Removal of any tree not regulated by this chapter.
(b)
Removal of any tree under an actual or ongoing
emergency condition when such tree removal is necessary for the protection
and preservation of life or property.
(c)
Removal of two or fewer trees in the regulated
setback zone within one calendar year, provided that they are not
significant trees.
(d)
Removal of a tree that endangers adjoining property,
is diseased or threatens health of other trees.
(2)
Activities requiring a permit:
(b)
Commercial timber harvesting.
(c)
Removal of a tree with a DBH of seven inches
or greater within a property's landscape buffer zone or regulated
setback zone, that are in addition to those permitted by right.
(d)
Removal of a significant tree or regrading activity
or utility excavation with the dripline of a significant tree.
(e)
Removal of any tree with a DBH of four inches
or greater on slopes of 15% to 25%, or regrading or utility excavation
within the dripline of any tree with a DBH of four inches or greater
on slopes of 15% to 25%.
(f)
Removal of any tree within a DBH of seven inches
or greater in any buffer area, landscaped screening area or conservation
area designated in an approved site plan, special permit, or conditional
use permit.
B.
Privately-held undeveloped property.
(2)
Any property owner applying for subdivision approval
or site plan approval, whose plans would require the removal of any
trees on said property, shall submit a tree protection plan to the
Village Planning Board. Any property owner applying for special permit
approval, whose plans would require the removal of any trees on said
property, shall submit a tree protection plan to the Village Board
of Trustees. The Tree Preservation Board shall act in an advisory
capacity to the Village Planning Board and Village Board of Trustees
on any tree protection plan submitted in connection with subdivisions,
site plan or special permit applications.
(3)
The tree protection plan shall include:
(a)
An inventory of existing trees, showing type,
location, size and condition. The inventory shall include all protected
and significant trees, groupings of trees deemed significant by the
Tree Preservation Board, all trees with a minimum trunk diameter of
seven inches and any grouping of five or more trees.
(b)
An integrated site plan showing the trees to
be saved and those to be removed, utilities to be installed, grading,
the approximate location of all structures, driveways and curb cuts
and proposed trees, plantings and other landscaping.
(c)
A detailed plan to protect and preserve trees
before, during and for a period of two years after construction. This
shall include a written statement setting forth those steps to be
taken to protect trees, roots and crowns from damage during all stages
of work on the site.
(d)
A reforestation plan that shall conform to the
following minimum standards:
[1]
Shade and/or decorative trees shall be planted
at a minimum ratio of at least one tree per 1,000 square feet of lot
area or major fraction thereof. Trees to be planted shall have a minimum
DBH of three inches.
[2]
In selecting locations to plant trees, priority
should be given to that section of the lot that is within a buffer
zone or adjacent to the public place.
[3]
In determining the number of replacement trees
to be planted, the Planning Board shall consider the size of the trees
which are to be removed. Each significant or protected tree that is
to be removed shall be replaced by several trees. On slopes of 25%
or greater, two trees shall be planted for each tree which is to be
removed.
(4)
The Planning Board shall require, prior to the commencement
of any clearing authorized under a permit pursuant to this chapter,
that the applicant shall post a performance bond in an amount and
with surety and conditions sufficient to secure compliance with the
conditions and limitations set forth in the permit, as shall be determined
by the Planning Board.
(5)
The applicant shall be required to pay the cost, if
it is necessary, for the Village to retain an arborist to review compliance
with the requirements of the tree protection plan.
C.
Publicly-held property.
(1)
Trees on Village property are an irreplaceable asset.
The impact of their removal shall be considered against the benefits
of cleared space for recreational activities and other uses. Therefore,
the legislative purpose, intent and regulated activities specified
in this chapter shall apply to all tree removal on public property.
(3)
Any clear-cutting shall require a review of the Village
Planning Board to determine environmental impact. Public hearings
shall be held prior to any clearing on public property to determine
the impact on neighboring and abutting properties. Notification of
such public hearings shall be made in advance by letter to those property
owners within 300 feet of the subject property.
A.
Except as otherwise specified, the Building Inspector,
subject to review by the Tree Preservation Board, shall have the authority
to issue permits for tree cutting and removal, to evaluate and determine
the accuracy of the measurements of regulated setback zones; to determine
when infractions of this chapter and related regulations and ordinances
have occurred; to impose such penalties and mitigating requirements
as authorized and to utilize the criminal summons process if necessary,
all as prescribed by this and other relevant municipal law.
(1)
The Village Planning Board shall be the approving
authority for any application that is also the subject of a pending
site plan or subdivision application in accordance with the zoning
requirements of the Village of Briarcliff Manor. In such cases, the
final approval of the Village Planning Board of the site plan or subdivision
application shall be deemed to be the tree removal permit or tree
protection plan.
(2)
The Village Board of Trustees shall be the approving
authority for any application that is also the subject of a pending
special permit application in accordance with the zoning requirements
of the Village of Briarcliff Manor. In such cases, the final approval
of the Village Board of Trustees of the special permit application
shall be deemed to be the tree removal permit or tree protection plan.
B.
Within five days of receipt of an application, the
Building Inspector shall notify the Tree Preservation Board of his
or her decision on the permit.
C.
Upon request of the applicant, within five days of
the Building Inspector's decision, the Tree Preservation Board shall
review permit decisions made by the Building Inspector and shall affirm,
modify or reverse the Building Inspector's decision within 10 days
of such referral.
D.
Appeal process.
(1)
A determination by the approving authority to grant
or deny a tree removal permit may be reviewed by the commencement
of an action by the applicant or any other aggrieved person pursuant
to the provisions of Article 78 of the Civil Practice Law and Rules
within 30 days of the filing of such determination with the Village
Clerk.
(2)
In the event the Building Inspector or the Tree Preservation Board is the approving authority, in the case of an application denied or modified by the approving authority, the applicant may seek review by appealing to the Village Board of Trustees, in which case the Village Board of Trustees shall become the approving authority for such applications. Such review shall be requested not later than 20 days after the filling of the subject decision with the approving authority. The Village Board of Trustees shall give notice to the applicant of the meeting at which the appeal will be considered, which notice shall be delivered personally or by certified mail and addressed to the applicant's address as shown on the application. Such applicant shall be entitled to attend the meeting before the Village Board of Trustees and shall have the opportunity to be heard. In the event that the Village Board of Trustees or the Planning Board is the approving authority, appeals shall be made solely pursuant to § 202-4D(1) above.
In making its determination to grant, grant
with conditions, or deny a tree removal permit, or to accept or deny
a tree protection plan under this chapter, the factors to be considered
by the approving authority shall include but shall not necessarily
be limited to the following:
A.
Notwithstanding any other factors, the removal of
a regulated tree may be favored:
(1)
If the tree(s) is located near existing or proposed
improvements, especially if:
(a)
The tree(s) is within three feet of an existing
or proposed sidewalk or driveway.
(b)
The tree(s) is within 10 feet of an existing
or proposed cesspool, dry well, leaching pit, septic tank or field,
or other subsurface improvement.
(c)
The tree(s) is within 10 feet of any other existing
or proposed structure.
(d)
The proposed subsurface improvement, structure,
sidewalk, driveway or roadway cannot be relocated.
(2)
If the tree removal(s) will have a positive effect
upon matters including but not necessarily limited to:
(3)
If the property owner will replant replacement trees
of a similar species or add other vegetation to offset the negative
effects of the tree removal.
B.
With consideration of the above factors, the proposed
tree removal may be granted with conditions or denied if:
C.
Notification of decision on tree removal permit. The
applicant will be notified of tree removal permit decisions within
15 days of the application being received by the Village.
D.
Decision on tree protection plans. The Village Planning Board shall be the approving authority for tree protection plans associated with a site plan or subdivision. In its decision process, the Planning Board shall apply the same criteria and procedures as set forth herein for the tree removal permits as described (see Subsections A and B).
Applications for permits shall be made in writing
to the Village office upon the forms provided. If, in the judgment
of the approving authority, it is unnecessary to retain an arborist
to review an application, the application shall not be granted or
denied until the applicant has paid the Village Treasurer the cost
incurred by the Village for such services. The application shall include:
A.
The name and address of the applicant.
B.
The address and tax map designation of the property
on which the subject tree(s) is located.
C.
The purpose of the tree removal.
D.
The method by which it is proposed that the trees
be removed.
E.
The name of the individual or entity that will effectuate
the removal.
F.
A plan depicting and/or describing the trees to be
removed.
G.
A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 184, Article I, Stormwater Management and Erosion and Sediment Control, shall be required for any tree removal permit approval that qualifies as or authorizes a land development activity as defined in Chapter 184, Article I. The SWPPP shall meet the performance and design criteria and standards in Chapter 184, Article I. The approved tree removal permit shall be consistent with the provisions of Chapter 184, Article I.
[Added 12-20-2007 by L.L. No. 9-2007]
[Amended 3-7-2023 by L.L. No. 1-2023]
A.
Composition. The Tree Preservation Board shall consist of the members of the Environmental Advisory Council (EAC) and shall be chaired by the Chairperson of such Council. If a matter is before the Tree Preservation Board for review, as required under § 202-4C, at least three members must be available for such review. If any vacancies exist on the EAC, or if any member is unavailable due to absence or recusal, the Board of Trustees may appoint additional qualified members to the Tree Preservation Board to serve while the application currently before the Board is under review.
B.
Powers and duties.
(1)
The Tree Preservation Board shall convene as needed to review tree removal applications and shall affirm, modify or reverse permit decisions made by the Village Engineer or his designee as quickly as practicable and within 30 days of the request by the applicant, and in accordance with § 202-4C.
(2)
The Tree Preservation Board shall give notice to the applicant of
the meeting at which the permit will be considered, which notice shall
be delivered personally or by certified mail and addressed to the
applicant's address as shown on the application. Such applicant
shall be entitled to attend the meeting before the Tree Preservation
Board and shall have the opportunity to be heard.
(3)
The Tree Preservation Board shall act in an advisory capacity to the Board of Trustees and, for any regulated activity under § 202-3, Regulated activities, to the Village Engineer and the Planning Board.
(4)
The Tree Preservation Board shall act in an advisory capacity to
the Planning Board for any application for special permit, and at
any other time when requested by the Chairperson of the Planning Board
or a majority of its members.
(5)
The Tree Preservation Board shall assist the properly constituted
officials of the Village, as well as the citizens of the Village,
in the dissemination of news and information regarding the protection,
maintenance, removal and planting of trees on public or private property,
and to make such recommendations from time to time to the Village
Board as to desirable legislation concerning the tree program and
activities for the Village.
A.
The Building Inspector has the authority to issue
appearance tickets at the time and place of the incident.
B.
Any property owner, his or her agents or employees,
who violate any provision of this chapter shall be guilty of a violation,
punishable by a fine of not more than $350. For a second and each
subsequent offense within a one-year period, the violator shall be
guilty of a violation punishable by a fine of not more than $700.
Any clear-cutting offense will be subject to an additional fine of
not more than $5,000. Each violation of the provisions of this chapter
shall be a separate and distinct offense. In addition, any offender
may be ordered by the Court to replant trees that were improperly
removed, insofar as that is possible. The Court shall specify a reasonable
time for completion of such restoration, which shall be effected under
the supervision of the Tree Preservation Board.
C.
In addition to monetary fines, no site plan approval,
building permit or certificate of occupancy shall be granted until
measures are taken, to the satisfaction of the approving authority
and consistent with the tree protection plan, to replace trees removed.
D.
Due process procedure.
(1)
The approving authority may suspend or revoke a permit
in the form of a stop-work order if it finds that the applicant has
not complied with any or all of the terms of such permit, has exceeded
the authority granted in the permit or has failed to undertake the
project in the manner set forth in the approved application.
(2)
The applicant shall receive written notice of said
stop-work order as soon as reasonably practicable but no later than
three days after issuance of the same, which notice shall be delivered
personally or by certified mail and addressed to the applicant's address
as shown on the permit. Such applicant shall be entitled to a hearing
as requested by the applicant, in writing within five days or receipt
of notice of the stop-work order, such hearings shall be scheduled
by the approving authority within 10 days of receipt of request of
a hearing. After the close of the hearing, the approving authority
may confirm, modify or cancel the stop-work order.
(3)
The approving authority shall set forth in writing
its findings and reasons for revoking or suspending a permit pursuant
to this section and shall keep a copy of that permit application filed.
