For the purpose of this article, the following terms,
phrases, words and their derivations shall have the meanings given
herein:
APPROVING AGENCY
The board designated by the Town Board as the approving agency.
CROWN
All portions of a tree excluding the trunk and roots, such
as branches, leaves, flowers and other foliage.
DBH (DIAMETER AT BREAST HEIGHT)
The tree trunk diameter measured in inches at a height of
4 1/2 feet above the ground. If a tree splits into multiple trunks
below 4 1/2 feet, then the trunk is measured at its most narrow
point beneath the split.
LARGE TREES
Those attaining a height of 45 feet or more.
MEDIUM TREES
Those attaining a height of 30 feet to 45 feet.
MUNICIPALITY
The Town of Mount Pleasant, County of Westchester, State
of New York.
PARK
Includes all public parks having individual names.
PARKS DEPARTMENT
The designated department of the municipality under whose
jurisdiction the administration of the article falls.
PERSON
Any person, firm, partnership, association, corporation,
company or organization of any kind.
PRIMARY TREE PROTECTION ZONE
That portion of a building lot constituting the front, side and rear yard setbacks. In cases where the building setbacks appearing on the Zoning Map are greater than indicated in Chapter
218, Zoning, they shall be the controlling dimension.
PROPERTY OWNER
The person owning such property as shown by the Tax Maps
or assessment rolls of the Town of Mount Pleasant.
PROTECTED TREES
Any tree or tree species that shall be deemed protected or
significant by the Town Board.
PUBLIC PLACES
Includes all other grounds owned by the Town of Mount Pleasant.
PUBLIC TREES
Includes all shade and ornamental trees now or hereafter
growing on any street or any public area where otherwise indicated.
ROAD RIGHT-OF-WAY TREE PROTECTION ZONE
Land in which a governmental entity or property owner owns
a legal interest in a roadway or has an easement devoted to or required
for the use of said land as a road; that land designated as a road
right-of-way by records on file with the Town Highway Department,
Town Assessor, Town Engineer or any other Town office having control
or jurisdiction over roads.
SMALL TREES
Designated as those attaining a height of 20 feet to 30 feet.
SPECIMEN TREE
(1)
Any tree in fair or better condition which equals
or exceeds the following diameter sizes:
(a)
Large hardwoods, e.g., oaks, hickories, sweetgums,
etc.: 30 inches DBH.
(b)
Large softwoods, e.g., pines, etc.: 36 inches
DBH.
(c)
Small trees, e.g., dogwoods, redbuds, sourwoods,
etc.: 12 inches DBH.
(2)
A tree in fair or better condition must meet
the following minimum standards:
(a)
A life expectancy of greater than 15 years.
(b)
A relatively sound and solid trunk with no extensive
decay or hollow and less than 20% radial trunk dieback.
(c)
No more than one major and several minor dead
limbs (hardwoods only).
(d)
No major insect or pathological problem.
(3)
A lesser-size tree can be considered a specimen
if it is a rare or unusual species, of exceptional quality or of historical
significance.
(4)
A lesser-size tree can be considered a specimen
if it is specifically used by a builder, developer or design professional
as a focal point in a project or landscape.
SPECIMEN TREE STANDS
A contiguous grouping of trees which has been determined
to be of high value. Determination is based upon the following criteria:
(1)
A relatively mature even-aged stand.
(2)
A stand with purity of species composition or
of a rare or unusual nature.
(3)
A stand of historical significance.
(4)
A stand with exceptional aesthetic quality.
STREET OR HIGHWAY
The entire width of every public way or right-of-way when
any part thereof is open to the use of the public, as a matter of
right, for purposes of vehicular and pedestrian traffic.
TOWN ARBORIST
The Town Arborist or other qualified designated official
of the Town of Mount Pleasant assigned to carry out the enforcement
of this article.
TREE
Any woody plant having at least one well-defined trunk at
least four inches in diameter measured at a height of four feet above
the natural grade and having a clearly defined crown.
TREELAWN
That part of a street or highway, not covered by sidewalk
or other paving, lying between the property line and that portion
of the street or highway usually used for vehicular traffic.
TREE PROTECTION, PRESERVATION AND REFORESTATION PLAN
A plan identifying and showing the location, type, size and
health of trees, stating the ultimate disposition of the trees, showing
the type, size and location of any trees to be planted and setting
forth measures to protect trees before, during and after construction.
TREE REMOVAL
Any act which causes a tree to die within two years after
the commission of said act, including but not limited to damage inflicted
upon the root system or trunk as the result of:
(1)
Improper use of machinery on the tree.
(2)
Storage of materials in or around the tree.
(4)
Altering the natural grade to expose the roots
or cover the trunk, permitting the infection or infestation of the
tree by pests, fungus or harmful bacteria.
(5)
Excessive harmful pruning.
(6)
Paving with concrete, asphalt or other impervious
surfaces within such proximity as to be harmful to the tree.
(7)
Application of herbicides or defoliants to any
tree without first obtaining a permit from the approving agency.