As used in this article, the following terms
shall have the meanings indicated:
APPLICANT
Any individual or individuals, firm, partnership, association,
corporation, company, organization or other legal entity of any kind,
including a municipal corporation, governmental agency or subdivision
thereof, filing an application pursuant to this chapter.
APPROVING AUTHORITY
The Village Engineer or his or her designee or the Planning Board as applicable, as specified in §
208-16C hereof.
[Amended 12-20-2021 by L.L. No. 13-2021]
CLEAR CUTTING
The cutting of more than 10 trees with a DBH of four inches
or greater on a lot, within any twelve-month period.
DIAMETER AT BREAST HEIGHT (DBH)
The diameter of a tree measured at a point 4 1/2 feet
above the ground, or at the highest measurable point of the remaining
stump if less than 4 1/2 feet, on the uphill side of the tree.
LANDMARK TREES
A tree as defined on a list of trees which may be promulgated
and established by the Board of Trustees of the Village of Croton-on-Hudson,
which list is on file in the office of the Village Manager.
LOT
Any parcel of land, not necessarily coincident with a lot
or lots shown on a map of record, which is occupied or which is to
be occupied by a building and its accessory buildings, if any, or
by a group of buildings having any land in common and the buildings
accessory thereto, if any, together with the required open spaces
appurtenant to such building or group of buildings.
REGULATED BUFFER ZONE
Any area of vegetative screening as established by an approved
site plan, minor site plan, special permit or subdivision plat, or
any area of a residentially zoned property as measured from each perimeter
property line of the property towards the interior of such property
as follows:
|
Zoning District
|
Width of Regulated Buffer Zone
(feet)
|
---|
|
RA-40
|
15
|
|
RA-25
|
10
|
|
RA-9
|
5
|
|
RA-5
|
3
|
|
RB (One-Family Residence)
|
3
|
|
RB (Two-Family Residence)
|
5
|
|
RC (One-Family Residence)
|
5
|
|
RC (Multiple Residence)
|
12
|
TREE
A living woody plant with an erect perennial trunk which
is four inches or more in DBH.
The approving authority may, as a condition
of granting a permit:
A. Require the reasonable relocation of proposed foundation
walls, driveways, grading, surface and subsurface improvements or
drainage systems to preserve specific trees.
B. Regulate the days and hours of operations.
C. Require that each tree to be cut or removed be marked
at one point low enough on the trunk to be visible after removal of
the tree so as to permit subsequent inspection. Notwithstanding the
above, where the use of a sampling technique has been approved, trees
less than 22 inches in diameter at breast height need not be marked.
D. Require such safeguards as appropriate to minimize
the environmental impact of such removal operations.
E. Require additional information, if the tree removal
involves clear cutting, including but not limited to:
(1) Complete plans for the restoration of the site after
tree removal, which shall be certified by a recognized tree expert,
drawn to a scale of not less than one inch equals 50 feet, and including
the following:
(a)
Description of the proposed vegetative cover
of the tree removal area, including dominant species before and after
the tree removal.
(b)
The location of the tree removal in relation
to property lines, roads, buildings and wetlands within 100 feet thereof.
(2) Additional information as needed or deemed necessary
by the approval authority to evaluate the proposed tree removal in
terms of the goals and standards of this chapter.
F. Require that the tree trunk, limbs, stump and any
roots remaining above grade be removed to approximately two feet or
less.
G. Require that the disturbed area be backfilled, replanted
and/or reseeded.
H. Require that in the case of a tree destroyed or removed
illegally, another tree or trees of comparable size, species and/or
value be replanted at the expense of the property owner, for each
tree removed.
I. Require the planting of a replacement tree or trees.
J. Impose such additional conditions as the approving
authority deems necessary to ensure compliance with the policies and
provisions of this chapter.
A tree removal permit application shall be accompanied
by a fee in an amount set by resolution of the Board of Trustees.
Any site for which an application for a tree
removal permit has been submitted shall be subject to inspection by
the approving authority or its designated representatives upon notice
to the property owner and applicant at any reasonable time, including
weekends and holidays. The applicant, by making application for such
permit, shall be deemed to have given its consent to such inspection.
The applicant shall indemnify and hold the Village 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 construction or performance of the work or within
one year after the completion of the work.
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 upon completion of the work specified therein. The validity
of any work duly completed pursuant to an existing permit shall not
be affected by the expiration date. Permits may be renewed by the
approving authority upon application submitted at least 20 days before
the expiration of the permit. Standards for issuance of renewals shall
be the same for the issuance of permits.