As used in this chapter, the following terms
shall have the meanings indicated. Words and phrases used in this
chapter that are not specifically defined in this section shall be
interpreted so as to give them the meaning they have in common usage
and to give this chapter its most reasonable application.
APPROVING AUTHORITY
The Zoning Board of Appeals, the Planning Board, the Town Board or the Director of Technical Services, as specified in §
283-5 of this chapter.
ARBORIST
An ISA-certified arborist as designated by the Town Board.
CALIPER
The diameter of a tree at breast height.
CANOPY
The cover formed by the leafy upper branches of a tree.
CRITICAL ROOT ZONE
The minimum area of retained roots necessary for maintenance
of tree health.
EXCAVATION
Any act by which earth, sand, gravel, rock or any other similar
material is cut into, dug, quarried, uncovered, removed, displaced
or spread and shall include the conditions resulting therefrom.
FILL
Any act by which earth, sand, gravel, rock or any other material
is deposited, placed, replaced, compacted, dumped, transported or
moved by man to a new location and shall include the conditions resulting
therefrom. All imported fill must be certified as clean, with no construction
debris, and structurally adequate for the intended purpose.
HOMEOWNER
A tenant or owner of an existing single-family or duplex
residence.
PROTECTED TREE ZONE
Those trees to be protected as depicted on the approved site
plan for a single lot building permit or as part of a subdivision
approval.
SITE SURVEY
A map showing relevant, existing site features and vegetation
on a site proposed for development.
SPECIMEN TREE
A tree or group of trees considered to be an important community
asset due to its unique or noteworthy characteristics or values. A
tree may be considered a specimen tree based on its age, rarity or
special historical or ecological significance as determined by the
Planning Board as part of a subdivision approval process or by the
Town Arborist, environmental monitor or community forestry specialist
for a single lot building permit.
TOPPING
The indiscriminate cutting of tree branches to stubs or lateral
branches that are not large enough to assume the terminal role. Other
names for topping include "heading," "tipping," "hat-racking," and
"rounding over."
TREE
A woody, perennial, either deciduous or coniferous, having
a diameter greater than four inches measured 4 1/2 feet above
ground level.
TREE CUTTING
The clearing, cutting, uprooting or any other similar activity
on any tree or trees, except normal maintenance such as trimming,
pruning, bracing and selective removal of dead or diseased trees as
determined by the Town Arborist or Town-approved consulting arborist.
A permit as specified by this chapter shall
also be required for all on-site soil movements of 100 cubic yards
or greater on any individual lot with a vertical dimension greater
than 12 inches or more than six inches of fill within the critical
root zone of a tree.
The approving authority shall be as follows:
A. The Zoning Board of Appeals shall be the approving
authority with respect to any application which requires the issuance
of any other permit or approval by it pursuant to the local laws and
ordinances of the Town of Cortlandt.
B. The Planning Board shall be the approving authority
with respect to any application which requires the issuance of any
other permit or approval by it pursuant to the local laws and ordinances
of the Town of Cortlandt.
C. The Town Board shall be the approving authority with
respect to any application which requires the issuance of any other
permit or approval by it pursuant to the local laws and ordinances
of the Town of Cortlandt, including any application which also requires
the issuance of any permit or approval by the Planning Board or Zoning
Board.
D. The Director of Technical Services shall be the approving
authority with respect to all other regulated activities.
In granting, denying or conditioning any application
for a permit required by this section, the approving authority shall
evaluate the proposed activity, its purpose, and available alternatives,
and shall determine that the impact of the proposed activity will
not be detrimental to public health and safety, soil erosion, wildlife
habitat, fire protection and drainage. Such determination shall be
made in accordance with the following standards, considerations and
conditions:
A. Notwithstanding any other factors, the removal of
a regulated tree may be favored:
(1) If the tree is located near existing or proposed improvements,
especially if:
(a)
The tree is within three feet of an existing
or proposed sidewalk or driveway.
(b)
The tree is within 10 feet of an existing cesspool,
dry well, leaching pit, septic tank or field, or other subsurface
improvement.
(c)
The tree is within 10 feet of any other existing
or proposed permanent structure. A permanent structure is one that
requires a building permit and certificate of occupancy or a certificate
of compliance under the NYS Building Code and is not a shed.
(d)
The proposed subsurface improvement, structure,
sidewalk, driveway or roadway cannot be reasonably relocated.
(2) If the tree removal is necessary to achieve compliance
with state, county or local standards for sight lines, driveways or
intersections.
(3) If the tree removal is consistent with good horticultural
or vegetation management and will not have an adverse effect on an
ecological system.
(4) If the tree to be removed, due to disease, blight,
infestation, storm damage, accident or other condition, causes undue
hardship for the property owner to maintain.
(5) If the tree removal is limited to non-native species
of trees.
(6) If the tree removal will have a positive effect upon:
(7) If the property owner will replant replacement trees
of a similar species or add other vegetation to offset the negative
effects of the tree removal to the satisfaction of the approving authority.
B. With consideration of the above factors, the proposed
tree removal may be denied or granted with conditions after consideration
of the following:
(1) The tree is a protected or specimen tree, as defined
in this chapter, unless there is no feasible alternative to the proposed
activity.
(2) The tree removal will have a significant negative
effect upon, among other things:
(a)
Erosion potential and drainage patterns in the
vicinity.
(b)
Growth of existing adjacent vegetation.
(c)
Property values and aesthetics of nearby properties.
(3) Consideration shall be given to preserving specimen
trees and protected trees where feasible and practical.
(4) The approving authority may require the replanting
of trees as a condition of permit approval and may establish standards
for such replanting.
C. Standards for approval of permits for topographical
alterations:
(1) The planning, design and development of buildings
shall provide the maximum in structural safety and human enjoyment
while adapting the site to and taking advantage of the best use of
the natural terrain.
(2) Roads and driveways shall follow the natural topography
to the greatest extent possible and shall be consistent with other
applicable regulations of the Town of Cortlandt and current engineering
practices.
(3) Any regrading shall blend in with the natural contours
and undulations of the land.
(4) Cuts and fills shall be rounded off to eliminate sharp
angles at the top, bottom and sides of regraded slopes.
(5) The angle of cut and fill slopes shall not exceed
a ratio of one vertical to two horizontal except where retaining walls,
structural stabilization or other methods acceptable to the Director
of Technical Services are used.
(6) Any lakes or ponds that are created shall have a sufficient
depth and inflow of water to minimize the possibility of stagnation
and excessive aquatic growth.
(7) Topsoil removed shall be replaced to a depth of at
least four inches over all exposed ground surfaces except rock, and
said restored surface shall be planted or seeded and mulched repeatedly
as necessary until the area is stabilized.
(8) There shall be no processing of excavated materials
by a rock crusher or similar equipment on the premises.
(9) No excavation shall be made so as to undermine, weaken
or deprive support of adjacent land.
(10) No removal of earth from the ground shall be made
so as to prevent or interfere with the orderly development of residential,
business, manufacturing or public purposes or other lands in the vicinity
or as to unreasonably delay travel from one place to another or as
to make unduly difficult or substantially increase the cost of the
installation of public utilities or other public services or as to
substantially depreciate the value of real property in the vicinity.
D. Standards for approval of permits for tree cutting and topographical alterations. The standards set forth in Subsections
A,
B and
C of this section shall apply.
In granting a permit, the approving authority
may require a security in an amount and with surety and conditions
satisfactory to it securing to the Town of Cortlandt compliance with
the conditions and limitation set forth in the permit.
In adopting this chapter all prior tree ordinances
and regulations and amendments thereto are hereby repealed.
In interpreting and applying the provisions
of this chapter, they shall be held to be the minimum requirements
for the protection of trees. It is not intended by this chapter to
interfere with, or abrogate, any other greater requirements than are
imposed or required by any other ordinance, rule or regulation.
If any section, subsection, paragraph, sentence,
clause, or phrase of this chapter is declared by any court of competent
jurisdiction to be invalid, such invalidity shall not affect any other
portion of this chapter.
Any decision of an administrative official acting
as the approving authority may be appealed to the Zoning Board of
Appeals. Any decisions of the Town, Planning or Zoning Boards as approval
authorities are subject to review under Article 78 of the New York
State Civil Practice Law and Rules.
This chapter shall be effective immediately
upon its filing with the Secretary of State of the State of New York.