[HISTORY: Adopted by the Town Board of the
Town of Bedford 7-15-1997.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Historic Districts — See Ch. 71.
Open spaces and areas — See Ch. 85.
Steep slopes — See Ch. 102.
Subdivision of land — See Ch. 107.
Wetlands — See Ch. 122.
Zoning — See Ch. 125.
[1]
Editor's Note: Former Chapter 112, Tree Preservation,
adopted 8-13-1986, was repealed 7-15-1997.
A.
The Town Board finds that trees stabilize the soil,
control water pollution by preventing soil erosion and flooding, reduce
air pollution, provide oxygen, yield advantageous microclimatic effects,
temper noise, provide a natural habitat for wildlife and have aesthetic
and historic value. Indiscriminate removal of trees causes deprivation
of these benefits and disrupts the town's ecological systems. It is
the purpose of this chapter to prevent the indiscriminate destruction
of trees within the Town of Bedford while respecting the rights of
residents and owners to maintain and improve their properties.
B.
The Town takes note of the findings of the New York
State Environmental Quality Review Act, among them being the obligation
of the Town 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 Town to recognize
these responsibilities in part by providing these procedures as well
as to preserve the health and welfare and rural character of the community
which is reflected in the trees and woodlands of the Town of Bedford.
C.
The Town also recognizes that the forest resource
in the Town is a renewable resource of significant value and, if properly
harvested, could improve the health, vigor, value and aesthetics of
the forest. The Town recognizes that if tree harvesting practices
are poorly carried out they can result in significant environmental
and aesthetic damage to the land and to adjacent lands and waters.
One of the intents of this chapter is to assure that those harvesting
activities that most readily affect the environment, such as the location
of stream crossings, landings, haul roads and skid trails, are carried
out with the use of professional forest management techniques, particularly
to control soil erosion and sediment-laden runoff.
The following terms shall have the meanings
indicated:
The diameter of a tree measured at a point 41/2 feet above
the ground.
A tree that lacks vitality, is lifeless and without foliage.
Any tree, chosen for geographical, historical or environmental
reasons, on a list designated by resolution of the Town Board as the
"Landmark/Special Tree List" and kept on file with the Town Clerk.
A living, woody plant with an erect perennial trunk of six
inches or more dbh with a definitely formed crown of foliage and a
total height of at least 13 feet from the ground.
Any act which causes a tree to die.
A.
The Town Board will designate an Enforcement Officer
to administer and enforce this chapter.
B.
The Enforcement Officer shall:
(1)
Receive and keep accurate records of tree removal
permit applications.
(2)
Inspect the trees described in each application based
on the standards for granting permits described herein, both before
and after removal takes place.
(3)
Grant, grant with conditions or deny tree removal
permits according to the standards in this chapter, giving reasons
for denial and specifying conditions for such tree removal as specified
below.
(4)
Carry out such related duties as may be specified
from time to time by the Town Board.
A.
General regulations. A tree removal permit will be
required before removal of any of the following:
(1)
Any tree 18 inches and over dbh.
(2)
Any tree designated by the New York State Department
of Environmental Conservation as a protected native plant.
(3)
Any landmark/special tree as defined above.
(4)
Any tree over eight inches dbh within 150 feet from
the center line of any road or road segment designated by the New
York State Department of Environmental Conservation or the Town Board
of the Town of Bedford as a scenic road.
(5)
Any tree within the common lands and facilities of a conservation development, as described in § 125-54H of the Code of the Town of Bedford.
(7)
More than the number of trees listed below on a single
property of the indicated size within any calendar year:
(a)
More than 10 trees on properties of four acres
or less.
(b)
More than 20 trees on properties of six acres
or less and more than four acres.
(c)
More than 30 trees on properties of eight acres
or less and more than six acres.
(d)
More than 40 trees on properties of 10 acres
or less and more than eight acres.
(e)
More than 50 trees on properties of more than
10 acres.
(8)
Any tree within any wetland as defined in Chapter 122 of this Code, except as specifically permitted by the Wetlands Control Commission.
(9)
Any tree on any steep slope as defined in Chapter 102 of this Code, except as specifically permitted by the Planning Board.
(10)
Any tree within the areas designated as areas of significant
vegetation on the Natural Resource Inventory Maps of the Town of Bedford.
B.
Exceptions. Notwithstanding the foregoing, no permit
shall be required for the removal of:
(1)
Any dead tree.
(2)
Trees posing a danger to a structure or to vehicle
or pedestrian traffic.
(3)
Trees the removal of which is needed to control forest
fires during such fires.
(4)
Trees the removal of which is necessary to maintain
rights-of-way of public utilities, provided that such removal is conducted
according to lawful easements, statutory requirements and franchise
agreements, and provided that the agency file with the Enforcement
Officer a plan showing the areas of removal before commencing such
operations, except when required emergency removal makes such filing
impractical.
C.
Standards. The Enforcement Officer shall grant or
grant with conditions a tree removal permit unless one of the following
conditions for denial is found to exist:
(1)
The trees proposed for removal include landmark/special
trees or trees designated as threatened or endangered on the New York
State Department of Environmental Conservation list of protected native
plants.
(2)
The removal will have significant adverse impact on
ecological systems, including erosion potential and wildlife habitat.
(3)
The removal will have significant adverse impact on
other properties or roadways, including impact on screening or drainage.
D.
Approval granted by other agencies. Approvals granted
by the Planning Board, the Wetlands Control Commission and the Building
Inspector shall be deemed tree removal permits when tree removal or
preservation is specifically proposed in conjunction with applications
submitted to such agencies. These agencies shall apply the criteria,
procedures and standards of this chapter and shall consider how tree
removal might be reduced by changes to the application being considered.
The opinion of the Enforcement Officer or the Tree Advisory Board
may be sought to assist such agencies in their determinations. These
agencies shall record in their determinations the specific tree removal
which they approve.
A.
Except when tree removal is being proposed as part
of an application to the Planning Board, Wetlands Control Commission
or Building Inspector, the applicant shall file with the Enforcement
Officer a tree removal permit application. The application shall include:
(1)
Name and address of the applicant.
(2)
Name and address of the property owner, if different.
(3)
Address and Town Tax Map designation of the property.
(4)
Purpose of removal.
(5)
If a purpose of removal is the sale of trees or tree
products for use off the property:
(a)
A certification that the plan was developed
and approved by a professional forester in the New York State cooperating
consultant forester program (retained by the applicant), which shall
include a description of the manner and location of removal and the
plans for restoration of disturbed areas.
(b)
A timber sales summary showing a tally of trees
to be removed by species, size and number of trees in each class,
and a sketch layout of access roads, bridges and other improvements.
(6)
If the purpose of removal is a forest management program
administered under New York State Real Property Tax Law § 480-a,
a forest management plan and certificate of approval, which shall
suffice for approval of the permit and which shall be submitted for
review to the Enforcement Officer to assure compliance with the Code
of the Town of Bedford.
(7)
If removal is conducted under Title 7, Cooperative
Forest Management Program, §§ 9-0701 and 9-0713 (the
stewardship incentive program), of the Environmental Conservation
Law, a copy of the forest management plan, which shall suffice for
approval of the permit and which shall be submitted for review to
the Enforcement Officer to assure compliance with the Code of the
Town of Bedford.
(8)
(a)
Color photographs or slides showing the areas
and environment where trees are to be removed, with sufficient detail
to identify the remaining trees in the area after work is completed.
(b)
A survey or sketch of that section to be disturbed,
showing the number, location and common name of all trees to be removed,
the dbh of each and the distance of each from nearby structures, roads
or other landmarks which will enable the trees to be easily identified.
B.
Submission of a tree removal permit application shall
constitute permission for the Enforcement Officer and/or a professional
consultant especially retained for this purpose by the Town to enter
upon the property described in the application, at reasonable times
with prior notice to and agreement by the applicant, which agreement
shall not be unreasonably withheld, to carry out the inspections required
in this chapter and to otherwise enforce its provisions.
C.
The Enforcement Officer shall approve, approve with
conditions or deny a tree removal permit application within 21 days
after receipt of a complete application. If no action is taken by
the Enforcement Officer within 21 days after receipt of the complete
application, it shall be deemed to be approved as submitted.
D.
A tree removal permit shall expire 24 months after
it is granted.
The Enforcement Officer or the enforcing agencies listed in § 112-4D above may seek the advice of the Tree Advisory Board and may impose conditions upon the granting of a tree removal permit, including:
A.
Days and hours of removal operations, size and number
of trucks and routes to be followed.
B.
New York State Department of Environmental Conservation
Timber Harvesting Guidelines, including location of stream crossings,
landings, skid trails and haul roads, the restoration of the effects
of such removal and the obtaining of all permits required by town,
state or other agencies for such operation.
C.
Replanting or other mitigation to prevent erosion,
provide screening, preserve ecological systems or remediate effects
on neighboring properties.
D.
Reasonable relocation of proposed surface or subsurface
improvements.
E.
Marking of trees to be removed in a way that the markings
are visible both before and after tree removal.
F.
In case of removal of more than the number of trees specified in § 112-4A(7) above, a performance bond to assure compliance with this chapter and the conditions imposed, with such bond, if one of its purposes is to assure replanting, to have a minimum term of two years.
G.
Such safeguards as are appropriate to mitigate the
environmental impact of removal operations, including but not limited
to a report from an arborist certified by the International Society
of Arboriculture or a professional forester in the New York State
cooperating consultant forester program (retained by the applicant).
H.
Tree protection as described by the Westchester County
Planning Department in Chapter 5 of the Best Management Practices
Manual Series for Erosion and Sediment Control.
A tree removal permit application shall be accompanied
by a fee to be set in a fee schedule determined by the Town Board,
except when the applicant is the Town of Bedford.
A.
The owner of record of any property on which trees
subject to this chapter are removed without the granting of a tree
removal permit or are removed in violation of conditions attached
to a tree removal permit, or any person removing or in the process
of removing such trees, shall be guilty of an offense which may be
punishable by a fine of not more than $350, by imprisonment for not
more than 15 days, by a direction or order of a court directing the
violator to restore the property and to replace removed trees by comparable
trees according to a plan approved by the Enforcement Officer, or
by all of the above. Each tree removed without a tree removal permit
or in violation of the conditions attached to a tree removal permit
shall constitute a separate offense. When such restoration is directed,
no site plan approval, building permit, certificate of compliance,
certificate of occupancy, variance, wetlands permit or any other permit
shall be issued by any Town agency until such replacement has been
completed and approved by the Enforcement Officer.
B.
The foregoing provisions for enforcement of the regulations
in this chapter are not exclusive, but are in addition to any and
all laws applicable thereto.
A.
Any applicant aggrieved or affected by the determination
of the Enforcement Officer with respect to an application for a tree
removal permit may, within 10 business days of such determination,
appeal 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.
B.
Any person or persons jointly or severally aggrieved
by a decision of the Zoning Board of Appeals pursuant to this chapter
may apply to the Supreme Court for review by a proceeding under Article
78 of the Civil Practice Law and Rules. Such proceeding shall be instituted
within 30 days after the filing of a decision of the Zoning Board
of Appeals in the office of the Town Clerk.
A.
For the purposes of advising the Enforcement Officer,
the Building Inspector, the Planning Board, the Wetlands Control Commission,
the Town Board, the Department of Public Works, the Recreation Department
and other agencies and officials of the Town of Bedford and the residents
of the Town of Bedford on matters related to the preservation, planting
and removal of trees and on the tree removal and planting programs
of the Town, the Town Board establishes the Tree Advisory Board.
[Amended 8-5-2008 by L.L. No. 7-2008]
B.
The Tree Advisory Board shall be composed of up to
nine members, each appointed by the Town Board to serve five-year
terms, except that when the Tree Advisory Board is initially constituted,
one member shall be appointed to a term of five years, one member
to a term of four years, one member to a term of three years, one
member to a term of two years and one member to a term of one year.
Members shall be residents of the Town of Bedford. One member shall
be designated Chair by the Town Board. The Enforcement Officer shall
be a member of the Board, ex officio.
[Amended 8-5-2008 by L.L. No. 7-2008]
C.
The Tree Advisory Board shall in addition:
(1)
Meet at least quarterly at the call of the Chair.
(2)
Make an annual report to the Town Board recommending
actions that the Town might take to protect and enhance the trees
of the Town, including recommendations for new or amended legislation,
landmark trees, enforcement actions, an inventory of street trees
and other significant trees in the Town and a community forestry work
plan addressing the planting, maintenance and removal of trees.
Should any paragraph, section or portion of
this chapter be declared by a court of competent jurisdiction to be
invalid or unlawful, the same shall not affect the remainder of this
chapter as a whole or any part thereof other than the part so declared
to be invalid.
This chapter shall take effect immediately upon
its adoption, printing and posting thereof as provided by law.
