City of Mount Vernon, NY Trees

It is prohibited, except with the written permit of the Commissioner of Public Works, to place or maintain upon the ground in any public property any stone, cement or other material or substance in such manner as may obstruct the free access of air and water to the roots of any tree in any such property. Unless otherwise provided for in such written permit as above stated, there must be maintained about the base of the trunk of each tree in the public streets and City parks at least six square feet of open ground for a tree of three inches in diameter, and for every two inches of increase of such diameter there must be an increase of at least one square foot of open ground. However, no violation of this section is deemed to exist until 30 days after a specific written notice has been served by the Commissioner of Public Works.

No permit for planting trees is to be provided where the soil is too poor to ensure the growth of the tree, unless the applicant or owner agrees to excavate a suitable hole of not less than 36 cubic feet and to replace the material removed with suitable good loam.

No tree is to be planted measuring less than 2 1/2 inches in diameter of trunk one foot aboveground. The trunk of each tree shall be without branches not less than seven feet, but no more than 9.5 feet, from the ground.

It is the duty of every property owner and occupant to maintain the planting strip. Such planting strip is to be located adjacent to, and extend along the entire length of, the curb of the street.

Interference with Public Works employees. It is prohibited to interfere or cause or authorize any interference with the Commissioner of Public Works or any of his employees, agents or workers while they are engaged in and about the planting, cultivating, pruning, spraying or removing of any tree in any public street or City park, or in the removing of any device attached to said tree as may be necessary for the protection and care of any such tree in accordance with the requirements set forth under this chapter, excluding any and all prior contracts.

Placement of wires and poles. It is prohibited for any person to cause or authorize a wire or other conductor charged with electricity to come into contact with any tree on public property in such manner as may injure or destroy such tree, or to locate, place or maintain any pole or post in such manner as to interfere with any tree or shrub growing upon any public street, park or public place.

Protective devices and precautions.

It is prohibited to attach or keep attached to any tree on public property, or to any guard or stake intended for the protection of such tree, any rope, wire or sign or any other device which may injure the tree in any manner or detract from the usefulness of the guard or stake.

In case of improvements to any premises in front of which there are trees, the owner and contractor making such improvements is to protect the trunks of said trees to the height of five feet with boards before such work is commenced, all to the satisfaction of the Commissioner of Public Works.

Damage by animals. It is prohibited to tie any animal to any tree on public property or to allow such animal to injure any tree.

§ 252-4 Maintenance responsibilities of owners and occupants and removal of trees located on private property.

Maintenance responsibilities include:

Tree pruning that does not damage the basic nature of the tree and does not reduce the size of the tree by more than 1/4.

In the case of trees standing on any lot or land having branches or roots which project over or underneath an adjacent lot, sidewalk or roadway, the owner of the adjacent lot must notify the owner of the tree, so the owner of the tree may trim said branches or roots in order that the branches not adversely interfere with said adjacent lot, and said trimming does not adversely affect the viability or overall appearance of the trees. In the case that the owner of the tree does not resolve the issue within 30 days, the owner of the adjacent lot may notify the Department of Buildings for relief in the form of a citation, or may then trim said branches or roots in order that the branches not adversely interfere with said adjacent lot, and said trimming does not adversely affect the viability of the trees.

Control of infested trees, shrubs, and bushes, and control of invasive vines. It is prohibited to permit or allow to remain in the City of Mount Vernon any tree, shrub or bush or part thereof which is infested with fungi, caterpillars, insects, worms, maggots, parasites, larvae or grub of lepidopterous insects or other creeping segmented animals which cause destruction or damage to trees, shrubs or bushes and spread by passing to other trees, shrubs or bushes, thereby causing destruction of or damage to property of others and becoming a public nuisance.

Required removal by private property owner(s). The Commissioner of Public Works or the City Tree Surgeon has the authority to require the owner of any tree or vegetation in violation of Subsection A(3) hereof to take down said tree and remove the same.

It is the duty of the owner of any such infested tree, shrub or bush in the City, upon notification by the Commissioner of Public Works, for the owner to destroy all such fungi, caterpillars, insects, worms, maggots, parasites, larvae or grub of lepidopterous insects or other creeping segmented animals which infest any tree, shrub or bush or part thereof on such land or to destroy the infested tree, shrub or bush or part thereof, including invasive vegetation.

Failure to comply.

[1]

In case the owner of any such tree, shrub or bush fails to remove the same within 30 days after written notice to do so has been served upon him, either personally or by delivering the same at his last known place of residence, or, if he be a nonresident, by mailing the same to him at his last known place of residence, or, if the name of the owner or his place of residence cannot be ascertained after due diligence, by posting the same in a conspicuous place upon the premises where the tree, shrub or bush is found, the Commissioner of Public Works or City Tree Surgeon shall have said tree, shrub or bush removed and destroyed.

[2]

The Commissioner of Public Works or City Tree Surgeon may, upon the completion of the work of such removal and destruction, send to the owner of the property upon which said work has been done whose name appears on the last assessment roll, a bill for the value of the work done if the Department of Public Works does such work. In the event that the Department of Public Works hires a private concern to do such work, a bill for the actual amount charged by the private concern for the work is to be sent to such owner. Such bill may be sent by regular mail or be personally served, which bill will be paid by such owner to the City of Mount Vernon's Comptroller.

[3]

In the event such bill is not paid by the owner within 30 business days after receipt by the owner, the Commissioner of Public Works will, with respect to each separately owned parcel of property where such work has been done, certify such expense to the City Council of the City of Mount Vernon. Such amount may thereupon be chargeable and become a lien upon such parcel of property and be levied, collected and enforced in the same manner, by the same proceedings, and under the same penalties as an assessment for a public improvement. In all cases where the Commissioner of Public Works certifies expenses to the City Council pursuant to the foregoing provision of this section, he will simultaneously transmit to the Comptroller a duplicate original of such certification, and the Comptroller, upon receipt thereof, forthwith docket the amount of such expense in the tax rolls against the real property affected with a notation "Assessment pending pursuant to § 252-4A(3)(c) of Chapter 252 of the Code of the City of Mount Vernon."

Permitted removal by private property owner(s).

Removals on private property by a private property owner do not require a permit if:

The tree is less than 10 inches DBH; or

The tree(s) have to be removed under an actual emergency, supported by documentation, when such removal is necessary for the protection of life or property, including adjoining properties.

The tree is infested as described in § 252-4A(3)(b).

While a tree permit is not required, other permits may apply. Please check with the Department of Public Works for more information.

Removal of any tree(s) not specified under § 252-4B(1)(a) through (d) is prohibited without filing an application to the Department of Public Works and obtaining a written permit.

Proper removal. When trees are removed, tree stumps are to be ground down to six inches below ground level and covered flush with the surface.

Damages caused by removal. If there are any damages to a sidewalk, structure or surrounding area(s) caused by the removal of a tree, the contractor hired for said removal will be liable for all cost associated with the damages.

§ 252-5 Tree removal permitting procedure.

An application for a tree removal permit is to be made by the owner. The request for tree removal is to be made to the Department of Public Works and will afford the City advance notice of at least 20 business days to conduct an inspection. The permit fee for each tree to be removed is to be $50. There will be no fee charged where the tree has been determined by the City Tree Surgeon to be diseased, infested or dangerous.

Applications for the tree removal permit shall include the following information:

Name and address of the applicant.

Address of the property on which the trees are located.

Tree information.

The total number of trees to be removed.

The DBH of each tree.

Of the total, the number of trees that qualify as significant tree(s) as defined by the definition of "significant tree" in § 252-2, and which of these are endangered or threatened species as previously defined by the definition of "endangered or threatened tree" in § 252-2, and/or a heritage tree as defined under the definition of "heritage tree" in § 252-2, or a memorial tree as defined under the definition of "memorial tree" in § 252-2.

The total number other tree(s) specified under § 252-4B(1)(a) through (d).

The purpose of the tree removal.

A sketch drawn by the applicant and/or still photographs showing the dimensions of the property, the location of all trees, and the DBH and location of the trees to be removed, which are labeled as specified in § 252-4B(1)(b) and (c).

(6)

Proof of approval of any additional permits required for the removal of trees must be submitted with application.

(7)

All tree removal application must show the retention of a licensed contractor to perform said removal.

(8)

Licensed contractor; license required. No person shall fell, cut, trim, or remove any tree for hire within the City, the branches or trunk of which is two inches or more thick at the point of severance, without a license.

(9)

Hours for tree removal. Except as permitted herein, the hours permitted for the removal of tree(s) shall be between 7:30 a.m. to 3:30 p.m. during the week. A permit is required to perform weekend removal.

The Building Department and the Department of Public Works (DPW) with the advice of the Mount Vernon Tree Advisory Board have the authority to determine whether to grant, deny, or grant with condition a tree removal permit after inspection by the City Tree Surgeon and consideration of the factors in an emergency in § 252-9, and may require the replacement of trees in compliance with the terms of § 252-10.

The applicant shall be notified of permit decisions in writing and/or email, if approved. If the permit is denied, the applicant will be notified in writing and/or email by the Department of Public Works of the reason for any denial.

§ 252-6 Removal of trees on private property under review by a City land use board.

It is prohibited to remove or cause the removal of trees from any lot without obtaining the approval of the reviewing City land use board(s), in addition to a tree removal permit from the Department of Public Works.

No applicant to the Architectural Review Board seeking certificate of appropriateness review within the next five years may remove or cause the removal of any significant tree as previously defined by the definition of "significant tree" in § 252-2, or other tree(s) not specified under § 252-4B(1)(a) through (d), from any lot without the approval of the Architectural Review Board, in conformance with the procedures and criteria of this chapter.

No applicant to the Planning Board seeking subdivision, special use permit and/or site plan review may within the next five years remove or cause the removal of any significant tree as previously defined by the definition of "significant tree" in § 252-2, or other tree(s) not specified under § 252-4B(1)(a) through (d), from any lot without the approval of the Planning Board, in conformance with the procedures and criteria of this chapter.

Method of protecting remaining trees. All trees on property to be graded or near any excavation or construction of any building may be guarded with a substantial fence, frame or box not less than five feet high and eight feet square. All building material, dirt and debris should be kept outside the barrier.

§ 252-7 Subdivision, site plan and special use permit review.

Any application to the Planning Board for a subdivision, site plan, or special use permit review will include a landscape plan and schedule showing all existing significant trees, as previously defined in the definition of "significant tree" in § 252-2, and their DBH as well as trees to be removed and trees proposed to be planted, with their DBH. No separate tree removal permit application is needed for said application. The City Tree Surgeon will submit in writing or email, if there is an objection, within 60 days.

The Planning Board has the authority to determine whether to grant, deny, or grant with conditions removal of the tree(s) under this chapter after consideration of the factors in § 252-9, and may require replacement of trees in compliance with the terms of § 252-10.

In granting approval to an applicant for tree removal, the Planning Board will comply with all applicable public notification requirements.

§ 252-8 Certificate of appropriateness review.

Any application to the Architectural Review Board for a certificate of appropriateness will include a landscape plan and schedule showing all existing significant trees, as previously defined in the definition of "significant tree" in § 252-2, and their DBH as well as trees to be removed and trees proposed to be planted, with their DBH. No separate tree removal permit application is needed for said application. The City Tree Surgeon will submit in writing or email objection, if any, within 60 days.

The Architectural Review Board applications will be forwarded to the Planning Board, which has the authority to determine whether to grant, deny, or grant with conditions removal of the tree(s) under this chapter after consideration of the factors in § 252-9, and may require the replacement of trees in compliance with the terms of § 252-10.

§ 252-9 Determination by approving authority for removal of trees on private property.

In making its determination to grant, deny, or grant with conditions the removal of significant tree(s), as previously defined in the definition of "significant tree" in § 252-2, the approving authority will consider the environmental impact and practicable alternatives of the proposed tree removal such that all requirements of the State Environmental Quality Review Act and regulations of the State Department of Environmental Conservation are satisfied.

Factors for consideration in making the determination to grant, deny, or grant with conditions the removal of the significant tree(s), as previously defined in the definition of "significant tree" in § 252-2, include:

If the tree is dead or in poor health with an expected lifespan less than two years, as determined by the City Tree Surgeon.

If the tree is diseased, insect-infested or an invasive species, or is otherwise hazardous and endangers the public, a neighboring property, the property of the owner, or the health and safety of neighboring trees.

The number of trees to be removed. The practice of clear-cutting is strongly prohibited by the City and will only be considered where extenuating circumstances are determined to be present by the approving authority. Additional information as needed or deemed necessary by the approving authority may be required to establish extenuating circumstances. Failure to follow this condition may result in a denial of application for any proposed construction or development.

Whether the tree(s) substantially interferes with the proposed construction or development on the lot(s), especially if the tree is located:

Within three feet of an existing or proposed sidewalk or driveway.

Within five feet of an existing or proposed dry well, leaching pit, drain, or other subsurface improvement.

Within five feet of an existing or proposed roadway.

Within five feet of any other existing or proposed structure.

If the tree removal(s) will have an effect upon:

Drainage and erosion patterns in the vicinity.

Growth of existing or proposed adjacent vegetation.

The health, safety or welfare of the residents of Mount Vernon.

The character of the neighborhood and the property values of the surrounding area.

(6)

Debris removal does not include the removal of trees.

The approving authority will grant the permit subject to conditions including, but not limited to, the following:

Require the reasonable relocation of proposed foundation walls, driveways, surface and subsurface improvements or drainage systems to preserve specific trees.

Require such safeguards as appropriate to minimize the environmental impact of such removal operations.

The City Tree Surgeon shall review the tree permit application and shall give recommendations to the approving authority on whether the permit should be accepted, altered, or denied. The City Tree Surgeon shall provide said recommendations within 20 business days of the filing of the application for the permit. One extension of no more than five business days may be granted by the reviewing authority if requested by the City Tree Surgeon.

§ 252-10 Replacement of trees removed or proposed to be removed from private property in accordance with permit.

For any lot(s) of any size for which the approving authority has granted a tree removal permit, replacement tree(s) may be required to be planted for every significant tree, as previously defined in the definition of "significant tree" in § 252-2, that is to be removed, in accordance with Subsection B below. In lieu of planting replacement tree(s) on that lot(s), and only when technically impractical or impossible, the alternative arrangement in Subsection D below may be pursued.

When the approval authority deems it necessary to ensure the protection of trees scheduled for preservation or conservation, or to ensure the installation of required replacement plantings, the approval authority may require that the applicant furnish the City with a performance bond, cash escrow and/or irrevocable letter of credit from an approved financial institution or surety, to be approved by the City Attorney, in an amount sufficient to cover 90% of the protection, planting and restoration work to be completed in accordance with the approved plans accompanying all applications. The remaining 10% of the cost of protection, planting and restoration work shall be deposited in a cash escrow account maintained by the City and released upon the running of the warranty period and the satisfaction of all of the permit conditions. Under all circumstances, the performance bond, cash escrow, or irrevocable letter of credit obtained by the permit holder shall continue in full force and effect until there has been full compliance with, and approval of, all restoration work required by the approval authority. In the event planting and restoration work has not been substantially completed within one year and no permit extension has been applied for or granted, the approval authority shall have the right to consider the permit abandoned and declare the performance bond, cash escrow, or irrevocable letter of credit in default, and may apply the escrow deposit and/or the proceeds of the bond or letter of credit to perform all required planting and restoration work. By accepting a permit, the applicant and property owner thereby agree to this procedure and grant unconditional access to the land for such restoration purposes.

In addition, to mitigate the removal or proposed removal of any significant tree, as previously defined in the definition of "significant tree" in § 252-2, the property owner may be required to plant new tree(s) with a minimum DBH of three inches. Each tree removed must be replaced by at least one tree of such species that is on the official list of permitted trees, as issued by the Commissioner of Public Works.

Such new tree planting is to be satisfied within six months of issuance of a tree removal permit. The planting of the tree(s) will be in accordance with the best practices of licensed tree professionals, the nursery from which the tree is purchased, and/or the specifications of the City Tree Surgeon.

When direct replacement of tree(s) on the lot from which tree(s) are being removed is not feasible, the property owner may pay to the City the cost of the replacement of the tree(s). This fee-in-lieu will be deposited into a separate City account, the Mount Vernon Tree Fund Escrow Account, created specifically for this purpose as described in § 252-18.

The total amount required to be paid as a fee-in-lieu is to be determined by the number of trees removed and not replaced multiplied by $500.

A payment of fee-in-lieu shall be satisfied at the time of the issuance of a tree removal permit.

§ 252-11 Suspension or revocation of permit for removal of trees on private property.

The Buildings Department may suspend or revoke a permit in the form of a stop-work order if it is found 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.

The applicant will receive written notice of said stop-work order, which notice shall be delivered personally or by regular mail and addressed to the applicant's address as shown on the permit or address listed in the Assessor's office.

§ 252-12 Completion.

Term for completion.

No permit shall be valid for more than one year after approval of an application, unless otherwise specified by the approving authority.

In the case of tree plantings required in conjunction with subdivision, site plan, special use permit or certificate of appropriateness review, the applicant may be granted up to one additional year extension of approval.

§ 252-13 Inspection.

Any site for which an application has been submitted may be subject to inspection upon notice to the property owner and/or applicant at any reasonable time, by the Department of Public Works and the City Tree Surgeon. The applicant, by making application for such permit, shall be deemed to have given its consent to such inspection.

§ 252-14 Appeals.

Any applicant aggrieved or affected by the determination of the Commissioner of Public Works and City Tree Surgeon or other certified representative has the right, within 10 business days from the date of the determination, to appeal to the Department of Public Works and state the reason for the appeal. A decision on the appeal will be provided within 60 calendar days of appeal.

§ 252-15 Emergency removal.

In circumstances where the condition of a public tree poses an immediate threat to health or safety, as determined by the City Tree Surgeon or the Department of Public Works, or designee, the tree may be removed without a permit.

§ 252-16 Enforcement; penalties for offenses.

Enforcement. It shall be the duty of the Commissioner of Public Works and/or the City Tree Surgeon to see that the provisions of this chapter are enforced and obeyed.

Penalties.

Any person who violates any provision of this chapter may be held responsible for a violation under the provisions of the Mount Vernon City Code, punishable by a fine of not more than $1,000 per tree, for the first tree. For a second and subsequent offense, within a one-year period, the violator may be guilty and held responsible for a violation punishable by a fine of not more than $2,000 per tree. All fines shall be deposited in the Mount Vernon Tree Fund Escrow Account.

In addition to any other penalty, the violator will be required to repair or replace, in kind, each and every tree harmed or removed in violation of this chapter, or pay a fee-in-lieu of replacement, in accordance with the replacement provisions of § 252-10.

All trees which fail to survive for a period of two years following planting shall be replaced by the violator at no expense to the City or the owner of the land, if other than the violator. Said replacement will be within six months following written demand for such replacement from the approving authority or within an extended time period as may be specified.

No building permit or certificate of occupancy may be issued for any new construction on the property on which any violation of this chapter occurred unless and until the provisions of this chapter have been satisfied. Further, any site plan approval, special use permit, subdivision approval, building permit, or certificate of appropriateness associated with the violation will be suspended or revoked until steps taken by the offender meet the satisfaction of the approving authority. Work may only resume upon the issuance of a certificate of completion by the Commissioner of Public Works, for actions located on public property, or the Building Inspector, for actions located on private property.

Any mitigation work must be approved and performed to the satisfaction of the approving authority.

Economic hardship. Notwithstanding § 252-10 above, an ordinary homeowner applicant may apply for relief from the requirements of this chapter or conditions imposed by the DPW Commissioner on the grounds that such requirements or conditions will result in an economic hardship. The ordinary homeowner applicant, in this instance, should, as part of the application to the Board, provide the support data as required by the Board.

§ 252-17 Mount Vernon Tree Advisory Board.

A five-member advisory board known and designated as the "Mount Vernon Tree Advisory Board" is to be established to assist the City of Mount Vernon with planting, management and preservation of trees. The Board will consist of the certified City Tree Surgeon, a designee from the Department of Planning and three members of the public, serving three-year terms, to be approved by the City Council. The Mount Vernon Tree Advisory Board is to meet regularly to:

Study the problems and determine the needs of the City of Mount Vernon in connection with its tree planting and maintenance program.

Regularly update and maintain the list of approved trees to be planted upon City property.

Assist the City Council with dissemination of information to the general public regarding the revised Tree Ordinance as it affects City property, and the responsibilities of private property owners thereto.

Advise the City land use boards regarding the impact of trees on development and maintaining the neighborhood character of the City.