[Adopted 1-18-1990 by L.L. No. 1-1990; amended in its entirety 9-6-2012 by L.L. No.
5-2012]
As used in this article, the following terms shall have the
meanings indicated:
CLEAR-CUTTING
The cutting of more than half of the existing trees in an
area of one acre per parcel over the period of five consecutive years.
INVASIVE TREE SPECIES
A species of tree that is nonnative to New York State and
whose introduction has been known to cause or is likely to cause economic
or environmental harm or harm to human health.
PROTECTED TREE
Any living tree species designated by the New York State
Department of Environmental Conservation as endangered, threatened,
rare or vulnerable in the New York Natural Heritage Program: New York
Rare Plant Status List or any living tree species designated by the
Town because of its uniqueness or vulnerability in the wild as a result
of environmental stress. A list of protected tree species appears
in Appendix A.
SPECIMEN TREE
A living woody plant with an erect perennial trunk 24 inches
or more dbh, and exclusive of invasive tree species. A list of invasive
tree species appears in Appendix B.
SUBDIVIDABLE ACREAGE
Acreage that is two or more times the minimum lot size required
within the applicable zoning district (i.e., two or more acres in
a one-acre zone, four or more acres in a two-acre zone and six or
more acres in a three-acre zone).
TREE
A living woody plant with an erect perennial trunk six inches
or more diameter at breast height (dbh) with a definitely formed crown
of foliage.
The Building Inspector may, as a condition of granting a permit:
A. Require
the reasonable relocation of proposed foundation walls, driveways,
surface and subsurface improvements or drainage systems to preserve
specific trees.
B. Regulate
the days and hours of operation.
C. Require
a performance bond to ensure compliance with this article.
D. Require
that each tree approved to be cut or removed has been marked.
E. Require
such safeguards and guidelines as appropriate to minimize the environmental
impact of such removal operations. When appropriate, requirements
may include safeguards and guidelines as recommended in Standard 12
of the Westchester County: Best Management Practices for Construction
Activities and/or as recommended by the New York State Department
of Environmental Conservation State Forester, environmental consultant,
arborist or landscape architect.
A tree removal permit application for tree removal shall be
accompanied by a fee to be determined by the Town Board and set in
the fee schedule, except when the applicant is the Town of Pound Ridge.
Any person, firm or corporation violating any of the provisions
of this article shall be guilty of an offense, which shall be punishable
by a fine of not more than $500 for each and every regulated tree
removed, cut down or damaged, by a direction of the Building Inspector,
directing a violator to replace any trees removed or damaged with
native and/or noninvasive nursery stock trees, as specified by the
Building Inspector in consultation with the Conservation Board and
planted within a specified time and with a guarantee that said trees
shall be maintained in a healthy living condition for a minimum of
two years, or by all of the above. Where such a direction is made,
no building permit, certificate of occupancy or certificate of compliance
shall be issued until such replacement has been completed.
Any applicant aggrieved or affected by the determination of
the Building Inspector shall have the right, within 10 days from the
date of action by the Building Inspector to appeal to the Zoning Board
of Appeals and shall state the reason for the appeal. The Zoning Board
of Appeals shall render a decision on the appeal within 60 days following
the close of a public hearing.