[HISTORY: Adopted by the Board of Trustees
of the Village of Ossining 1-16-2007 by L.L. No. 2-2007. Amendments noted where
applicable.]
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,[1] 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.
[1]
Editor's Note: See Article 8 of the Environmental
Conservation Law.
As used in this chapter, the following terms
shall have the meanings indicated:
Any person or group of people defined in this chapter who
shall have jurisdiction over the issuance or denial of a tree removal
permit.
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.
All portions of a tree, excluding the trunk and roots, such
as branches, leaves, flowers and other foliage.
The diameter of a tree measured at a point 4 1/2 feet
above the ground.
Any land owned by the Village of Ossining or any other governmental
entity, including the right-of-way of any road.
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.
Any woody plant having at least one well-defined trunk with
at least a DBH of four inches and having a clearly defined crown.
Any act which will cause a tree to die within a one-year
period.
Written authorization pursuant to this chapter to remove,
alter, cut or otherwise destroy or injure a tree.
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.
A.
Trees on public property.
(1)
The Village Engineer shall have approving authority
and supervision over all trees planted or growing within the lines
of all public streets and places in the Village except as otherwise
provided herein, and the planting, removal, care, maintenance and
protection thereof pursuant to the provisions of this chapter. The
Department of Public Works shall have the right to trim, spray, preserve
and plant such trees as may be necessary to preserve symmetry. This
shall also cause from time to time the removal of any tree or part
thereof which is in an unsafe condition or which, by reason of its
nature, is injurious to sewers or other public improvements or is
infected with any injurious fungus, insect or other pest.
(2)
The Superintendent of Parks and Recreation shall have
similar authority as stated above in connection with all Village parklands
and Village property used for park purposes.
B.
Trees on private property.
(1)
Notwithstanding any other provision of this document,
any property owner applying for site plan or subdivision approval
which would require the removal of any trees on said property shall
make an application to the Planning Board of the Village of Ossining,
which shall have sole jurisdiction regarding the proposed removal
of such trees. The Planning Board is the approving authority and may
grant or deny such application on such terms and conditions as it
may prescribe.
(2)
Notwithstanding any other provision of this chapter, any property owner applying for a tree removal permit or building permit not subject to the provisions of Subsection B(1), which would require the removal of any tree(s) on said property shall make application to the Building Inspector or Director of Code Enforcement, who are the approving authorities and shall have sole jurisdiction regarding the proposed removal of such trees. The Building Inspector or Director of Code Enforcement may grant or deny such application on such terms and conditions as he/she may prescribe, including but not limited to the planting of new trees or other forms of landscaping.
The Board of Trustees hereby designates the
Building Department the responsibility of Code Enforcement of the
rules and regulations of this chapter.
A.
The Board of Trustees shall select an individual,
professional, or professional company with knowledge of the planting
and maintenance of trees, stress, sickness and disease to serve as
the Tree Warden for the Village of Ossining.
B.
The Tree Warden will inspect all tree permits and
give recommendations to the approving authority on whether the permit
should be accepted, altered, or denied. If no recommendation is given
to the approving authority within 20 days of the filing of the permit,
the approving authority will assume that the Tree Warden is recommending
acceptance of the tree removal permit. Extensions may be granted if
requested by the Tree Warden.
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.
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.
A.
Removal of any tree not regulated in accordance with § 248-7, Regulated activities; tree removal permit required, of this chapter.
B.
Removal of any tree under an actual or ongoing emergency
condition when such immediate tree removal is necessary for the protection
and preservation of life or property and there is no time to wait
for the granting of a tree removal permit.
C.
Forest management activities on properties under § 480-a
of the Real Property Tax Law.
D.
Tree pruning that does not damage the 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.
A.
Trees standing on any lot or land adjacent to any
public street or place and having branches projecting into the public
street or place shall be kept trimmed by the owner or owners or occupant
of the property on which such trees are growing so that the lowest
branches shall not adversely interfere with pedestrian or vehicular
traffic.
B.
Any tree which is growing on private property which
is endangering or in any way may endanger the security or usefulness
of a public street, public sewer or other public place shall be considered
a public nuisance.
A.
The application shall include the following information:
(1)
The name and address of the property owner and applicant,
if different.
(2)
The street address and Tax Map designation of the
property.
(3)
A statement of authority from the owner of the property
for any agent making an application.
(4)
The total amount of land area involved in the action.
(5)
The number of trees involved.
(6)
The purpose of the permit.
(7)
A survey of that area of trees or forest to be disturbed
showing the location of all trees (to an accuracy of one foot) and
indicating those trees to be removed and those trees to be preserved,
their species and their diameter (DBH).
(8)
Specifications for the protection of trees during
development, redevelopment, renovation or razing; grade changes or
other work within the tree's dripline; disposal of trees to be removed
and replanting or planting, specifying the location, species, size
and completion date for seasonal planting of trees.
(10)
A statement that the property owner and applicant will indemnify and hold the Village and its representatives harmless against any damage or injury in accordance with § 248-15, Inspection and indemnification, of this chapter.
(11)
A permit application fee and inspection fee
in amounts as set forth in a fee schedule established from time to
time by resolution of the Village Board,[1] unless the applicant for the tree removal permit is simultaneously
applying for a building permit or Planning Board approval, in which
case the permit or application fee(s) shall take the place of the
tree permit fee but not the inspection fee.
[1]
Editor's Note: The fee schedule is on file
in the Village offices.
B.
Permits for the removal of trees may be granted under
the following circumstances:
(1)
If the presence of the tree would cause hardship or
endanger the public or the property of the owner or of an adjoining
owner.
(2)
If the tree substantially interferes with a permitted
use of the property and the removal of the tree(s) shall be performed
in a selective manner.
(3)
If the tree is diseased or threatens the health of
other trees.
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
A.
All persons who remove or cause to be removed trees,
with or without a permit, as required, shall restore the area by backfilling
all holes and by creating an acceptable grade and covering.
B.
Tree stumps shall be removed, not cut flush. A property
owner may appeal the tree stump removal requirement of this section
to the Zoning Board of Appeals. After the planting of trees, removal
of all debris in the undisturbed area shall be made immediately. The
property where such planting is done must be left in a neat and orderly
condition, in accordance with good and acceptable planting and tree
surgery practice.
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.
A.
Within 30 days after completion of all tree removals
authorized under a permit issued in accordance with this chapter,
the applicant shall notify the approving authority of such completion.
B.
Within 30 days of such notification of completion
of work, the approving authority shall inspect the tree removal site
for compliance with all conditions of the permit.
(1)
When all tree removal(s) authorized under a permit
are deemed to be completed in an acceptable fashion, the approving
authority shall issue a certificate of completion, which shall be
accompanied by cancellation or return of any bond collected for such
permit.
(2)
When tree removals authorized under a permit are deemed
not acceptable, the approving authority shall so notify the applicant.
The notification of noncompliance shall include a list of all conditions
in violation of the terms of the permit and shall specify a time limit
for the correction of all items so listed.
A.
Stop-work orders. Should the Building Inspector or
Director of Code Enforcement determine that removal, cutting or destruction
of trees for which a permit has been granted is not proceeding according
to the permit, the Building Inspector or Director of Code Enforcement
may revoke the permit.
B.
Any person who violates any provision of this chapter
shall be guilty of a violation, punishable by a fine of not more than
$1,000. For a second and subsequent offense within a one-year period,
the violator shall be guilty of a violation punishable by a fine of
not more than $ 2,000 or a term of imprisonment of not more than 15
days, or both.
C.
Each tree removed, cut down or destroyed in violation
of this chapter shall amount to a separate offense.
D.
In addition to any other penalty, any person, firm
or corporation or individual connected with such firm or corporation
violating any provision of this document shall be subject to a civil
penalty enforceable and collectible by the Village in the amount of
$500 for each and every tree removed, cut down or destroyed in violation
of this document.
E.
In addition to any other penalty, the violator will
be required to replace, in kind, each and every tree removed, cut
down or destroyed in violation of this document. If a tree was so
large and mature that it cannot be replaced, the Building Inspector
or Director of Code Enforcement upon recommendation of the Tree Warden
may require the planting of multiple trees instead. Minor tree damage
shall be repaired in accordance with accepted tree surgery practice.
All trees which fail to survive for a period of two years following
planting shall be replaced by the permit holder at no expense to the
Village or the owner of the land, if other than the permit holder.
Said replacement shall be within 60 days following written demand
for such replacement from the Building Inspector or Director of Code
Enforcement or within an extended period of time as may be specified.
F.
No certificate of occupancy shall be issued for any
new construction on the property on which occurred any violation of
this document unless and until the provisions of the subsection have
been complied with.
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.
