This chapter shall be known and may be cited as the "Tree Protection
Law of the Town of Ossining."
As used in this chapter, the following definitions shall have
the meanings indicated:
APPLICANT
Any individual, firm, partnership, association, corporation,
company, organization or other legal entity of any kind, excluding
the Town of Ossining and its governmental agencies, who request the
approval authority to issue a permit, or to whom a permit has been
granted under the provisions of this chapter. This chapter shall only
serve as a guide to the Town of Ossining and its governmental agencies.
APPROVAL AUTHORITY
The Town agency(ies) or public official(s) empowered to administer
the permit procedures of this chapter, as described herein.
CLEAR CUTTING
The cutting, killing and/ or removal of more than 10 trees
each having a DBH of six inches or greater in a given lot, within
any twelve-month period.
CROWN
All portions of a tree, excluding the trunk and roots, such
as branches, leaves flowers and other foliage.
DRIPLINE
An imaginary, roughly circular line extending from the maximum
spread of the limbs of a tree or shrub to the ground.
INVASIVE SPECIES
A species of plant or animal that is not native to the ecosystem
under consideration and whose introduction into the ecosystem causes
or is likely to cause economic or environmental harm or harm to human
health.
KILLING A TREE
Any act which causes or is likely to cause the death of a
healthy tree.
LOT
Any separately designated parcel as shown on the Town Tax
Maps.
ORNAMENTAL TREE
A tree grown for its aesthetic characteristics, with highly
visible and decorative flowers, foliage color fruit and/or bark.
PUBLIC PLACES
Any land owned by the Town of Ossining or any other governmental
entity, including the right-of-way of an road.
PUBLIC TREE
Any tree growing in any public road right-of-way, public
park, public utility right-of-way or in any other public place.
RECOGNIZED TREE EXPERT
A forester listed on the New York State Department of Environmental
Conservation's approved forester list, a landscape architect licensed
in the State of New York, an arborist certified with the National
Arborists Association or a similarly qualified individual.
REGULATED BUFFER ZONE
Any area of vegetative screening, as established by an approved
site plan, special permit, conditional use permit or subdivision plat
or as measured from each perimeter property line of a residential
property towards the interior of such property as follows:
Zoning District
|
Width of Regulated Buffer Zone
(feet)
|
---|
R-40 One-Family Residence
|
10
|
R-35 One-Family Residence-Office
|
10
|
R-30 One-Family Residence
|
10
|
R-20 One-Family Residence
|
5
|
R-20A One-Family Residence
|
5
|
R-15 One-Family Residence
|
5
|
R-15X One-Family Residence-Office
|
5
|
R-10 One-Family Residence
|
3
|
R-7.5 One-Family Residence
|
3
|
R-5 One-Family Residence
|
3
|
SIGNIFICANT TREE LIST
A list maintained by the Town and determined by the Town
Board on the recommendation of the Environmental Advisory Committee
of trees or groves of trees to be significant on the basis of quality,
historical significance or other unique characteristic.
TOWN
The Town of Ossining, New York.
TOWN BOARD
The Town Board of the Town of Ossining, New York.
TREE
For the purposes of this chapter, any living, woody plant with an erect perennial trunk and a definitely formed crown of foliage with a diameter at breast height of six inches or more, unless otherwise specified in §
183-5 of this chapter.
TREE BANK
Town-owned lands or Town right-of-way lands to be designated
by resolution of the Town Board as receiver sites for off-site mitigation
plantings to satisfy tree replacement requirements which cannot be
met on site.
[Added 10-3-2017 by L.L.
No. 6-2017]
TREE BANK FUND
A fund to be established by and administered in accordance
with a resolution of the Town Board providing for the payment of fees
as mitigation for removal of trees where tree replacement requirements
cannot be met on site.
[Added 10-3-2017 by L.L.
No. 6-2017]
TREE EXPERT
An individual professional or professional company appointed
by the Town Board who shall provide recommendations to the approval
authority on the tree removal permit.
TREE INJURY
Any act which causes or is likely to cause a tree to die.
This may include, but is not limited to, any damage caused by stripping
the bark from any tree, setting fire to any tree or causing damage
to the roots of any tree.
TREE REMOVAL
Any act that removes a tree from its existing location.
TREE REMOVAL PERMIT
Written authorization under this chapter granted by the approval
authority to conduct a regulated activity.
Except as provided in §
183-6, Activities permitted without tree removal permit, it shall be unlawful to conduct, directly or indirectly, any of the following activities in the Town of Ossining unless a permit is obtained pursuant to §
183-8, Permit application process:
A. Removal of a tree with a DBH of three inches or greater within a
property's regulated buffer zone.
B. Within or outside of a property's regulated buffer zone, any:
(1) Removal of an ornamental tree, as defined above, with a DBH of three
inches or greater.
(2) Removal of a significant tree, or regrading activity or utility excavation
within the dripline of any significant tree.
(3) Removal of any tree with a DBH of six inches or greater or regrading
activity or utility excavation within the dripline of any tree with
a DBH of six inches or greater.
(4) Removal of any tree with a DBH of six inches or greater in any common
open space (such as but not limited to a tree in a condominium project),
buffer area, landscaped screening area or conservation area designated
on an approved site plan, special permit or conditional use permit
or on an approved final subdivision plat or construction plan.
(5) Clear cutting, as defined in §
183-4 herein.
(6) Removal of any tree in a wetlands or wetlands buffer area as regulated in Chapter
10, Freshwater Wetlands, Watercourses and Water Body Protection, of this Code.
The following activities are permitted without a tree removal
permit:
A. Removal of any tree not regulated in accordance with §
183-5, 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 has been determined as being 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. Removal of any tree that has been found to be dead, dying, insect-infested
or otherwise hazardous as determined in writing on business letterhead
of a recognized tree expert.
E. Tree pruning that does not damage the basic nature of the tree and
which does not reduce the size of the tree by more than 1/4.
F. Removal of any tree listed on the New York State Prohibited or Regulated
Invasive Species List as identified in writing on the business letterhead
of a tree specialist and submitted to the Building Inspector.
[Added 12-15-2015 by L.L.
No. 6-2015]
The approval authority for all applications shall be the Building
Inspector, except that the Planning Board shall be the approval authority
when processing a site plan or subdivision associated with a tree
removal application. In such cases, the Planning Board's final approval
of the site plan or subdivision application shall be deemed to include
the tree removal permit. The Planning Board shall apply the same criteria
and procedures as set forth herein for tree removal permits granted
by the Building Inspector. If the Planning Board and another board
both have approval authority over portions of an associated pending
application, the Planning Board shall be the approval authority for
the regulated tree removal.
Any tree removal permit issued pursuant to this chapter may
be issued with conditions. Such conditions may be attached as the
approval authority deems necessary to ensure compliance with the policies
and provisions of this chapter. The approval authority may, as a condition
of granting a tree removal permit:
A. Require reasonable improvements, such as relocation of proposed foundation
walls, driveways, surface and subsurface improvements or drainage
systems, to preserve a specific tree or forest area.
B. Regulate days and hours of the tree removal operation.
C. Require that each tree to be cut or removed be marked at two points,
one low enough on the stump to be visible after tree removal.
D. Require such safeguards as appropriate to minimize the environmental
impact of such removal operations.
E. Require the replanting of an equal or greater number of trees of
the same or similar species as those removed, at the approval authority's
discretion, based on the size and condition of the trees removed,
based upon an approved graphic plan.
F. The approval authority may require, prior to the commencement of
tree removal authorized under any permit pursuant to this chapter,
that the applicant shall post a bond or other security acceptable
to the approval 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 approval authority.
G. In connection with all subdivision and site plan applications, the
project shall meet the minimum requirement of the replacement of 50%
of the total aggregate diameter of trees proposed for removal with
new trees in accordance with a plan for tree replacement. Tree replacement
shall be required on site unless the approving authority determines
that, because of site constraints, it is impracticable or impossible
to fully meet this mitigation requirement on site. In such case, upon
the establishment of a tree bank and/or a tree bank fund by resolution
of the Town Board, the approving authority may consider the off-site
mitigation of planting in the tree bank or the payment of a fee to
the tree bank fund to satisfy the unmet portion of the tree replacement
requirement. Implementation of any off-site planting plan shall require
prior approval by the Town Board.
[Added 10-3-2017 by L.L.
No. 6-2017]
The Environmental Advisory Committee shall compile a proposed
Significant Tree List, as defined in this chapter, upon enactment
of this chapter and through nominations from tree owners, the Town
Historian and other interested parties, for recommendation to the
Town Board as the Town's Significant Tree List.
No permit granted pursuant to this chapter 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.
Aggrieved applicants may appeal decisions of the approval authority by means of the procedure specified for zoning matters in Chapter
200, Zoning, of the Ossining Town Code.
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 Town 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.
The Town Board hereby designates the Building Department with
the responsibility of the enforcement of the rules and regulations
of this chapter.
The provisions of this chapter shall not apply to any land use,
improvement or development for which a valid, existing final approval
shall have been obtained prior to the effective date of this chapter,
from the authority or authorities of the Town of Ossining having jurisdiction
over such land use. As used in this section, the term "final approval"
shall mean:
A. In the case of the subdivision of land, approval of a final plat
as the term is defined in § 276 of the Town Law.
B. In the case of a site plan, special permit or conditional use permit
not involving the subdivision of land, approval by the appropriate
board.
C. In those cases not covered by Subsection
A or
B above, the issuance of a building permit for the commencement of the use, improvement or development for which such permit was issued or, for those uses, improvements and developments for which the Town of Ossining does not require such permits, the actual commencement of the use, improvement or development of the land.
This chapter may be amended by the Town Board after due notice
and public hearing.
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.
This chapter shall become effective immediately upon publishing
and posting as required by law.