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 and add aesthetic and historic values.
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 Village of Ossining, furthermore, takes
note of the findings of the New York State Environmental Quality Review
Act, among them being the obligation of the Village 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 Village 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:
APPROVING AUTHORITY
Any person or group of people defined in this chapter who
shall have jurisdiction over the issuance or denial of a tree removal
permit.
CLEAR-CUTTING
Removal of 10 trees on one acre of land with a six-inch DBH
or greater or any proportion of 10 trees on one acre, depending on
the lot size, rounded up to the nearest whole number within any twelve-month
period.
CROWN
All portions of a tree, excluding the trunk and roots, such
as branches, leaves, flowers and other foliage.
PUBLIC PLACES
Any land owned by the Village of Ossining or any other governmental
entity, including the right-of-way of any road.
SIGNIFICANT TREE
A list of trees or groves of trees determined by the Village
Board on the recommendation of the Environmental Advisory Council
to be significant on the basis of specimen quality, historical significance
or other unique characteristic and which designation has been consented
by the property owner.
TREE
Any woody plant having at least one well-defined trunk with
at least a DBH of four inches and having a clearly defined crown.
TREE REMOVAL
Any act which will cause a tree to die within a one-year
period.
TREE REMOVAL PERMIT
Written authorization pursuant to this chapter to remove,
alter, cut or otherwise destroy or injure a tree.
TREE WARDEN
Individual professional or professional company appointed
by the Village of Ossining Board of Trustees for a term of two years
with the possibility to renew the term who shall provide recommendations
to the approving authority on the tree removal permit.
The Board of Trustees hereby designates the
Building Department the responsibility of Code Enforcement of the
rules and regulations of this chapter.
Except as provided in §
248-8, Activities permitted without tree removal permit, no person, firm, corporation, or individual connected with such firm or corporation shall conduct, directly or indirectly, any of the following activities in the Village of Ossining unless a permit is obtained pursuant to §
248-14, Permit procedures:
A. Removal, as defined in §
248-3, of any tree in any public place or attaching or fixing any wire, or electrical device, or causing any conductor charged with electricity to come in contact with any such tree on public land unless it is addressed by the appropriate approving authority as may be necessary to maintain a Village, county, state, or utility right-of-way or as control measure to fight forest or other fires.
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 10 inches or greater on any
private property.
C. Clear-cutting as defined in §
248-3 herein.
D. Removal of any tree with a DBH of six inches or greater
on slopes over 25% or on any privately owned unimproved lot.
E. Removal of any significant tree.
The Environmental Advisory Council shall begin compiling the Village's Significant Tree List as defined in §
248-3 upon enactment of this chapter and through nominations from tree owners, the Ossining Historical Society and other interested parties for recommendation to the Village Board for inclusion on the Village's Significant Tree List.
No person shall fasten or tie any animal to
or attach any sign, bill, card, notice or any advertisement to any
tree in any public place or allow any animal under his/her control
to injure any such tree.
No person shall place or maintain on the ground
in any public place any stone, excess soil or other substance in such
manner as may obstruct the free access of air or water to the roots
of any tree.
No person shall cause brine, oil, gas, gasoline,
liquid dye or other substance deleterious to tree life to pass onto
or into the soil about the roots of any tree in any public place.
No permit shall be valid for more than 120 days
after approval of an application for same by the approval authority,
unless otherwise specified by the approval authority. All permits
shall expire upon completion of the work specified therein. Permits
may be renewed by the approval authority. Standards for issuance of
renewals may be the same as for the issuance of original permits.
Denial of permits by the approving authority may be appealed to the Zoning Board of Appeals based on the procedure specified for zoning matters in Chapter
270, Zoning, of the Ossining Village Code. Said appeal shall state specifically the location of the tree in relation to roads, structures and adjoining properties and shall further state the reason why the permit application should have been granted.
Any site for which an application has been submitted
shall be subject to inspection upon notice to the property owner and
applicant at any reasonable time, including weekends and holidays,
by the approval authority or its designated representatives. The property
owner and applicant, by making application for a permit, shall be
deemed to have given consent to such inspection. The property owner
and applicant shall indemnify and hold the Village of Ossining harmless
against any damage or injury that may be caused by or arise out of
any entry onto the subject property in connection with the processing
of the application, during tree removal or within one year after the
completion of the work
The approving authority may require, prior to
the commencement of clearing authorized under any permit pursuant
to this chapter, that the applicant shall post a bond or other security
acceptable to the approving authority 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 approving authority.
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 thereof but shall be confined in its operation
to the clause, sentence, paragraph, section or part thereof directly
involved in the controversy in which such judgment shall have been
rendered.