[2]
Editor's Note: This local law also provided
it: "shall not take effect immediately for those lots which meet the
following requirements: (1) Have obtained site plan or subdivision
approval from the Planning Board during the months of October 2003
- March 2004, and (2) Obtain a building permit based on such site
plan or subdivision approval by October 31, 2004."
The planting and maintenance of trees have a
direct relationship to the health, safety and welfare of the community
as trees provide shade, reduce the need for air conditioning, absorb
air pollution and provide oxygen; stabilize soil and reduce erosion
and flooding; offer a natural barrier to noise and add to the aesthetic
quality of the community. The indiscriminate and excessive cutting
of trees for the creation of subdivisions and residential and nonresidential
development on private lots causes barren and unsightly conditions,
increases surface drainage problems and reduces property values, all
of which adversely affect the inhabitants of the City of New Rochelle.
As used in this article, the following terms
shall have the meanings indicated:
A person requesting a tree removal permit from the City of
New Rochelle or a person to whom a tree removal permit has been given.
The Planning Board in the case of site plan and subdivision
applications and the Building Official or his designee for all other
applications.
A landscape architect, registered architect, professional
engineer, arborist, professional forester, or other licensed landscape
or forestry professional.
A standard measurement of trees made at 4 1/2 feet above
ground level on the uphill side.
A parcel of land, with or without improvements thereon, as
shown as a separate tax lot on the tax assessment roll of the City
of New Rochelle.
Any individual person, firm, partnership, association, corporation,
company, organization or legal entity of any kind, but not including
state, county or municipal public agencies or corporations.
Any tree with a DBH of 24 inches or greater.
Any living, woody plant which has a DBH of eight inches or
more.
Any act which will cause a tree to die within a one-year
period.
A permit granted under this article which allows the removal
of regulated trees as herein defined.
A lot which does not have a building, parking area, or other
impervious surface greater than 400 square feet in area.
A.
No person shall remove or cause the tree removal of
any tree on a lot comprised of one acre or more without first obtaining
a Tree Removal Permit from the City of New Rochelle.
B.
No person shall remove or cause the Tree Removal from
any Unimproved Lot comprised of less than one acre of more than three
Trees in any given twelve-month period or any specimen tree without
first obtaining a Tree Removal Permit from the City of New Rochelle.
C.
No person shall remove or cause the tree removal of any tree from any lot while subject to site plan or subdivision review by the Planning Board, conditioned on the requirements set forth in § 301-23 below.
D.
A tree removal permit may be applied for the removal
of any tree as referred to in this section from the New Rochelle Bureau
of Buildings.
A.
An application for a tree removal permit shall be made by the owner or any other qualified person, firm or corporation authorized to perform the work on behalf of the owner. The request for tree removal shall be made to the New Rochelle Bureau of Buildings on forms available from the Bureau. The permit fee for each tree to be removed shall be as set forth in Chapter 133, Fees, of the Code of the City of New Rochelle. An applicant for a tree removal permit to be granted by the Planning Board in conjunction with subdivision or site plan approval shall comply with the public notification requirements of § A361-4 (Land Development) or § 331-121 (Zoning), respectively. An applicant for a tree removal permit to be granted by the Building Official shall provide notice of such application to all abutting property owners by certified mail, return receipt requested, at least 15 days before a decision on such application may be rendered by the Building Official. All post office receipts shall be returned to the Building Official prior to rendering a decision on the application.
B.
A tree removal permit may be granted under the following
circumstances:
(1)
Where the presence of the Tree would endanger the
public, a neighboring property or the property of the owner. This
tree may be removed only after inspection and concurrence by a Department
of Public Works Tree Inspector. No fee will be charged for the removal
of a tree that is determined to be dangerous.
(2)
Where the tree is diseased or threatens the health
or safety of other trees. This tree may be removed only after inspection
and concurrence by a Department of Public Works Tree Inspector. No
fee will be charged for the removal of a tree that is determined to
be diseased.
(3)
Where a tree substantially interferes with proposed construction on or development of the lot(s). This determination shall be made by the Planning Board as part of subdivision and site plan review and by the Building Official, who is the Zoning Enforcement Official, for all other matters. A fee will be charged for the removal of a tree that is determined to interfere with proposed construction on or development of the lot(s), as set forth in Chapter 133, Fees, of the Code of the City of New Rochelle.
A.
Any application to the Planning Board for a subdivision or site plan approval filed pursuant to Chapter A361, Land Development, or Chapter 331, Zoning, shall include a landscape plan and schedule showing all existing trees 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.
B.
A performance and maintenance bond, cash deposit or
other surety, acceptable to the Corporation Counsel, shall be posted
by the applicant to guarantee the planting of trees and the maintenance
of trees as shown on the approved plans for a period of five years,
in accordance with § 331-119B(4)(a) of the Zoning Code.
The amount of the bond shall be determined by the Building Official
for subdivisions or site plans in accordance with § 331-119B(4)(a).
A.
For any lot(s) of any size submitted to the Planning
Board for site plan or subdivision approval, a replacement tree(s)
from the official list of acceptable trees as issued by the Commissioner
of Public Works shall be planted for every tree which is removed or
proposed to be removed. The Planning Board shall have the authority
to determine which trees substantially interfere with proposed construction
on or development on the lot(s).
B.
For all other lots, which lots are not subject to active review by the Planning Board, a replacement tree(s) from the official list of acceptable trees as issued by the Commissioner of Public Works shall be planted for every tree that is removed or proposed to be removed for whatever reason and requiring a tree removal permit pursuant to § 301-21. The Building Official shall have the authority to determine which trees substantially interfere with proposed construction on or development of the lot(s).
C.
To mitigate the removal or proposed removal of any tree, the property owner shall plant new trees with a minimum caliper of two inches each, which trees in aggregate shall have a DBH at the time of planting equal to the total DBH of the tree(s) removed on that lot(s). Each tree removed must be replaced by at least one tree of the same species, provided that such species is on the official list of acceptable trees, as issued by the Commissioner of Public Works. In lieu of planting replacement trees on that lot(s) and only when technically impractical or impossible, a fee shall be paid to the City Tree Fund to defray the City's costs for acquisition, maintenance, and planting of trees on City properties, in accordance with Chapter 133, Fees, of the New Rochelle City Code. The total amount required to be paid as a fee-in-lieu shall be determined by the difference between the total DBH of existing trees which are removed or proposed to be removed from the lot(s), pursuant to the tree removal permit requirements, and the total DBH of new trees at the time of planting which are proposed to replace the trees removed. Such new tree planting and/or payment of fee-in-lieu shall be satisfied within one year of the date of approval of a tree removal permit, except as such conditions may be extended for one year, in accordance with these regulations.
[Amended 4-20-2006 by Ord. No. 80-2006]
D.
The planting of tree(s) shall be in accordance with
the specifications of the landscape nursery from which the tree(s)
is purchased or of a licensed design professional. Lacking specifications,
the planting of trees shall be as follows:
(1)
For every inch of tree DBH planted, there shall be
a minimum of nine square feet of pervious soil surrounding the tree
trunk to allow water and air to the tree roots. For a minimum two-inch
DBH tree, therefore, there shall be a minimum of 18 square feet of
pervious soil surrounding the tree trunk.
(2)
No tree trunk shall be planted closer to another tree
trunk, existing or proposed, with less than 20 feet of horizontal
spacing. In the case that a landscape nursery from which the tree
is purchased or a licensed design professional recommends a greater
horizontal spacing such spacing shall govern.
(3)
Trees shall be planted during the period from September
1 to May 15.
The following activities are permitted by right:
A.
Removal of any tree on an improved lot of less than
one acre; removal of any tree on federal, county, state, and municipal
properties, and the 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 immediate protection
and preservation of life or property.
C.
Removal of trees with a DBH of less than eight inches.
D.
Removal of two or fewer trees within a given twelve-month
period on any unimproved tax lot comprised of less than one acre.
A.
In making its determination to grant, deny, or grant
with conditions a tree removal permit under this article, the approving
authority shall consider the following factors:
B.
In addition, the tree removal of a regulated tree
will be favored:
(1)
If the tree is in poor health with an expected life
span less than two years as determined by a professional forester,
landscape architect, arborist, or other design professional.
(2)
If the tree is located near existing or proposed improvements,
especially if it is:
(3)
If the tree removal(s) will have a positive effect
upon:
C.
With consideration of the above factors, the proposed
tree removal may be granted with conditions or denied:
[Amended 7-2-2004 by Ord. No. 146-2004]
A.
In cases where the Building Official is the approving
authority, the applicant will be notified of permit decisions in writing,
if approved. If the permit is denied, the applicant will be notified
in writing by the Building Official of the reason or reasons for such
denial.
B.
In cases where the Planning Board is the approving
authority, specifically for all site plans and subdivisions involving
tree removal and tree planting, the applicant will be notified by
a resolution by the Planning Board, which resolution will be filed
with the City Clerk, with a copy sent to the applicant. Any permit
issued pursuant to this article may be issued with conditions. Such
conditions may be attached as the approving authority deems necessary
to ensure compliance with the policies and provisions of this article.
The conditions for posting a performance and maintenance bond, cash
deposit or other surety acceptable to Corporation Counsel shall also
be stated in the resolution of the Planning Board, in the case of
a subdivision or site plan.
A.
The Building Official may suspend or revoke a permit
issued by the Bureau or by the Planning Board 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.
B.
The applicant shall receive written notice of said
stop-work order, which notice shall be delivered personally or by
certified mail and addressed to the applicant's address as shown on
the permit.
C.
The Building Official shall set forth in writing its
findings and reasons for revoking or suspending a permit pursuant
to this section and keep a copy in the permit application file.
No permit shall be valid for more than one year
after approval of an application by the approving authority unless
otherwise specified by the approving authority. All permits shall
expire on completion of the work specified therein and all required
placement trees have been planted and/or all fees in lieu of planting
have been paid. The validity of any work duly completed pursuant to
an existing permit shall not be affected by the expiration of the
permit, but such work shall not be continued beyond the expiration
date. In the case of tree plantings required in conjunction with subdivision
or site plan approval, the applicant may be granted up to one additional
one-year extension of approval, as authorized by the Zoning and Land
Development Codes.
No permit granted pursuant to this article shall
remove an applicant's obligation to comply in all respects with the
applicable provisions of any other federal, state or local law or
regulation, including but not limited to the securing of any other
required permit or approval.
Any site for which an application has been submitted
shall be subject to inspection upon notice to the property owner and/or
applicant at any reasonable time, including weekends and holidays,
by the Building Official or designated representatives. The applicant,
by making application for such permit, shall be deemed to have given
its consent to such inspection.
A.
Any person, firm or corporation violating any of the
provisions of this article shall, upon conviction thereof, be guilty
of a violation pursuant to the Penal Law of the State of New York,
punishable by a fine not to exceed $1,000 or by imprisonment for a
term not exceeding 15 days, or both. Each tree removed, cut down or
destroyed in violation of this article and each day such violation
continues shall amount to a separate violation.
B.
In addition to any other penalty, the violator shall be required to replace (in kind) each and every tree removed, cut down or destroyed in violation of this article, or pay a fee in lieu of such on-site replacement, all in accordance with the replacement provisions of § 301-24. No building permit or certificate of occupancy shall be issued for any new construction on the property on which any violation of the article occurred unless and until the provisions of this article have been satisfied.
The Building Official shall enforce this article.
