[HISTORY: Adopted by the Town Board of the
Town of Mount Pleasant as indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-25-1989]
The Town Board of The Town of Mount Pleasant
believes that the preservation of shade trees and similar plantings
is of paramount importance in maintaining the quality of life within
the town. Trees are recognized as a valued asset, providing a healthier
and more beautiful environment in which to live. They provide oxygen,
shade, aesthetics and a priceless psychological counterpoint to the
man-made urban setting. Trees aid in preventing erosion, siltation
of streams and reservoirs, flash flooding and air, noise and visual
pollution. Therefore, the following article will deal with regulating
the planting, maintenance and removal of trees on both public and
private property. The article will also establish a Tree Preservation
Council and the office of Town Arborist.
This article shall be known and may be cited
as the "Tree Preservation Ordinance of the Town of Mount Pleasant."
A.
APPROVING AGENCY
CANOPY TREE PROTECTION ZONES
CROWN
DBH (DIAMETER AT BREAST HEIGHT)
DFS (DENSITY FACTOR SITE)
EDF (EXISTING DENSITY FACTOR)
HIGHWAY SUPERINTENDENT
LARGE TREES
MEDIUM TREES
MUNICIPALITY
PARK
PARKS DEPARTMENT
PERSON
PRIMARY TREE PROTECTION ZONE
PRINCIPAL THOROUGHFARE
PROPERTY LINE
PROPERTY OWNER
PROTECTED TREES
PUBLIC PLACES
PUBLIC TREES
RDF (REPLACEMENT DENSITY FACTOR)
ROAD RIGHT-OF-WAY TREE PROTECTION ZONE
SECONDARY TREE PROTECTION ZONE
SMALL TREES
SPECIMEN TREE
(1)
(2)
(3)
(4)
SPECIMEN TREE STANDS
STREET OR HIGHWAY
TDF (TREE DENSITY FACTOR)
TOWN ARBORIST
TREE
TREELAWN
TREE PROTECTION, PRESERVATION AND REFORESTATION PLAN
TREE REMOVAL
(1)
(2)
(3)
(4)
(5)
(6)
(7)
For the purpose of this article, the following terms,
phrases, words and their derivations shall have the meanings given
herein:
The board designated by the Town Board as the approving agency.
All lands, whether public or private, within 25 feet of the
curbline of any street or way.
All portions of a tree excluding the trunk and roots, such
as branches, leaves, flowers and other foliage.
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.
The required density factor for the site.
The number of trees remaining on site and protected during
the construction phase.
The elected or appointed official in charge of the Town Highway
Department.
Those attaining a height of 45 feet or more.
Those attaining a height of 30 feet to 45 feet.
The Town of Mount Pleasant, County of Westchester, State
of New York.
Includes all public parks having individual names.
The designated department of the municipality under whose
jurisdiction the administration of the article falls.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
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.
Any street upon which trucks are not prohibited.
The outer edge of a street or highway.
The person owning such property as shown by the Tax Maps
or assessment rolls of the Town of Mount Pleasant.
Any tree or tree species that shall be deemed protected or
significant by the Town Board.
Includes all other grounds owned by the Town of Mount Pleasant.
Includes all shade and ornamental trees now or hereafter
growing on any street or any public area where otherwise indicated.
The number of trees that must be planted on site to replace
those that are removed or cut down.
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.
All land not included in the Primary Tree Protection Zone,
except for sidewalks and street rights-of-way.
Designated as those attaining a height of 20 feet to 30 feet.
A tree in fair or better condition must meet
the following minimum standards:
A lesser-size tree can be considered a specimen
if it is a rare or unusual species, of exceptional quality or of historical
significance.
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.
A contiguous grouping of trees which has been determined
to be of high value. Determination is based upon the following criteria:
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.
A unit of measurement used to prescribe and calculate tree coverage on a site. Unit measurements are based on tree size. [See § 201-11C(5)].
The Town Arborist or other qualified designated official
of the Town of Mount Pleasant assigned to carry out the enforcement
of this article.
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.
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.
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.
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:
Improper use of machinery on the tree.
Storage of materials in or around the tree.
Soil compaction.
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.
Excessive harmful pruning.
Paving with concrete, asphalt or other impervious
surfaces within such proximity as to be harmful to the tree.
Application of herbicides or defoliants to any
tree without first obtaining a permit from the approving agency.
B.
When not inconsistent with the context, words used
in the present tense include the future, words in the plural include
the singular, and words in the singular include the plural. The word
"shall" is mandatory and not merely directory.
A.
There shall be created an advisory council known and
designated as the "Tree Preservation Council." Said Council shall
be composed of six members, as follow: the Superintendent of Highways,
the Town Arborist and four members at large, each of whom shall be
a resident of the town.
B.
The duties of said Tree Preservation Council shall
be as follows:
(1)
To study the problems and determine the needs of the
Town of Mount Pleasant in connection with its tree planting program.
(2)
To recommend to the Town Board the type and kind of
trees to be planted upon such Town streets or parts of Town streets
or in parks as are designated.
(3)
To assist the Town Board in the dissemination of news
and information regarding the selection, planting and maintenance
of trees within the Town limits, whether the same is on private or
public property, and to make such recommendations from time to time
to the Town Board as desirable legislation concerning the tree program
and activities for the town.
C.
The Tree Preservation Council shall conduct such meetings
as may be required to accomplish the purpose of this article.
A.
Appointment. The Town Board of the Town of Mount Pleasant
shall appoint a qualified Town Arborist. Such person shall be skilled
and trained in the practices of municipal arboriculture and, if practicable,
hold a degree in arboriculture or a related field. Said person may
be appointed on a part-time basis or as an adjunct to his or her primary
Town employment.
B.
Duties. The Town Arborist shall have the authority
to promulgate the rules and regulations of the Arboricultural Specifications
and Standards of Practice governing the planting, maintenance, removal,
fertilization, pruning and bracing of trees on the streets or other
public sites in the municipality and shall direct, regulate and control
the planting, maintenance and removal of all trees growing now or
hereafter in any public area of the Town of Mount Pleasant, with the
exception of the Canopy Tree Protection Zones or highway right-of-way.
This shall be done in conjunction with the Town Superintendent of
Highways. He shall cause the provisions of this article to be enforced,
including those provisions that apply to the planting and maintenance
of trees on privately owned land. In his absence these duties shall
be the responsibility of a qualified alternate designated by the town.
C.
Authority of the Town Arborist.
(1)
The Town Arborist shall have the authority and jurisdiction
of regulating the planting, maintenance and removal of trees on streets
and other publicly owned property to ensure safety or preserve the
aesthetics of such public sites. He shall have authority over the
canopy tree protection zones or highway right-of-way, as related to
this article with the permission of the town's Superintendent of Highways.
(2)
Supervision. The Town Arborist shall have the authority
and duty to supervise or inspect all work done under a permit issued
in accordance with the terms of this article.
(3)
Condition of permit. The Town Arborist shall have
the authority to affix reasonable conditions to the granting of a
permit in accordance with the terms of this article.
(4)
Master Street Tree Plan. The Town Arborist shall have
the authority to formulate a Master Street Tree Plan with the advice
of the Tree Preservation Council, subject to approval by the Town
Board. The Master Street Tree Plan shall specify the species of tree
to be planted on each of the streets or other public sites of the
town. From and after the effective date of the Master Street Tree
Plan, or any amendment thereof, all planting shall conform thereto.
(5)
The Town Arborist shall consider all existing and
future utility and environmental factors when recommending a specific
species for each of the streets and other public sites of the municipality.
(6)
The Town Arborist, with the approval of the Tree Preservation
Council, shall have the authority to amend or add to the Master Street
Tree Plan at any time that circumstances make it advisable.
A.
Planting, maintenance or removal.
(1)
No person shall plant, spray, fertilize, preserve,
prune, remove, cut above ground or otherwise disturb any tree on any
street or town-owned property without first filing an application
and procuring a permit from the Town Arborist or otherwise specified
Town authority. The person receiving the permit shall abide by the
Arboricultural Specifications and Standards of Practice adopted by
the Town Arborist.
(2)
Application for permits must be made at the office
of the Town Arborist or at such office as shall be designated by the
Town Board not less than 48 hours in advance of the time the work
is to be done.
(3)
Standards of issuance. The Town Arborist shall issue
the permit provided for herein if, in his judgment, the proposed work
is desirable and the proposed method and workmanship thereof are of
a satisfactory nature. Any permit granted shall contain a definite
date of expiration, and the work shall be completed in the time allowed
on the permit and in the manner as therein described. Any permit shall
be void if its terms are violated. Notice of completion shall be given
within five days to the Town Arborist for his inspection.
B.
Planting.
(1)
Application data. The application required herein
shall state the number of trees to be set out; the location, grade,
species, cultivar or variety of each tree; the method of planting;
and such other information as the Town Arborist shall find reasonably
necessary to a fair determination of whether a permit should be issued.
(2)
Improper planting. Whenever any tree shall be planted
or set out in conflict with the provisions of this section, it shall
be lawful for the Town Arborist to remove or cause removal of the
same, and the exact cost thereof shall be to the owner as provided
by law in the case of special assessments.
C.
Maintenance application data. The application required
herein shall state the number and kinds of trees to be sprayed, fertilized,
pruned or otherwise preserved; the kind of treatment to be administered;
the composition of the spray material to be applied; and such other
information as the Town Arborist shall find reasonably necessary to
a fair determination of whether a permit should be issued.
D.
Removal, replanting and replacement.
(1)
Wherever it is necessary to remove a tree or trees
from a treelawn in connection with the paving of a sidewalk or the
paving or widening of the portion of a street or highway used for
vehicular traffic, the municipality shall replant such trees or replace
them. Provided that conditions prevent planting on treelawns, this
requirement will be satisfied if any equivalent number of trees of
the same size and species as provided for in the Arboricultural Specifications
are planted in an attractive manner on the adjoining property.
(2)
No person or property owner shall remove a tree from
the treelawn for the purpose of construction or for any other nonhazardous
reason without first filing an application and procuring a permit
from the Municipal Arborist and without replacing the removed tree
or trees in accordance with the adopted Arboricultural Specifications.
Such replacement shall meet the standards of size, species and placement
as provided for in a permit issued by the Municipal Arborist. The
person or property owner shall bear the cost of removal and replacement
of all trees removed.
It shall be the duty of any person or persons
owning or occupying real property bordering on any street upon which
property there may be trees to prune such trees in such manner that
they will not obstruct or shade the streetlights, obstruct the passage
of pedestrians on sidewalks, obstruct vision of traffic signs or obstruct
the view of any street or alley intersection. The minimum clearance
of any overhanging portion thereof shall be 10 feet over sidewalks
and 12 feet over all streets except truck thoroughfares, which shall
have a clearance of 16 feet.
A.
Notice to prune. Should any person or persons owning
real property bordering on any street fail to prune trees as hereinabove
provided, the Municipal Arborist shall order such person or persons,
within three days after receipt of written notice, to so prune such
trees.
B.
Order required. The order required herein shall be
served by mailing a copy of the order to the last known address of
the property owner by certified mail.
C.
Failure to comply. When a person to whom an order
is directed shall fail to comply within the specified time, it shall
be lawful for the municipality to prune such trees, and the exact
cost thereof shall be assessed to the owner as provided by law in
the case of special assessments.
Unless specifically authorized by the Town Arborist,
no person shall intentionally damage, cut, carve, transplant or remove
any tree; attach any rope, wire, nails, advertising posters or other
contrivance to any tree; allow any gaseous, liquid or solid substance
which is harmful to such trees to come in contact with them; or set
a fire or permit any fire to burn when such fire or the heat thereof
will injure any portion of any tree.
These guidelines shall apply to pending and
future development proposals on privately owned land, including vacant
land, redevelopment projects on land to be cleared of structures,
conservation development, conventional subdivisions and plans for
new one- and two-family houses.
No person shall hinder, prevent, delay or interfere
with the Town Arborist or any of his assistants while engaged in carrying
out the execution or enforcement of this article; provided, however,
that nothing herein shall be construed as an attempt to prohibit the
pursuit of any remedy, legal or equitable, in any court of competent
jurisdiction for the protection of property rights by the owner of
any property within the town.
A.
The approving agency shall use this article in its
review of applications for site plans, special permits, variances,
conservation developments and conventional subdivisions.
B.
Application requirements.
(1)
The applicant shall provide the approving agency with
a tree protection, preservation and reforestation plan containing
at least the following information unless deemed not pertinent or
necessary by the agency approving the plan:
(a)
An inventory of existing trees showing type,
location, size and condition. The inventory shall include specimen
trees, protected trees and specimen tree stands.
(b)
An integrated site plan showing the trees to
be saved and those to be removed, utilities to be installed, grading,
the approximate location of all structures, driveways and curb cuts
and proposed tree plantings and other landscaping.
(c)
A detailed plan to protect and preserve trees
before, during and for a period of two years after construction. This
shall include a written statement setting forth those steps to be
taken to protect trees, roots and crowns from damage during site clearance,
excavation, grading, installation of utilities, paving and construction.
(2)
The above items may be integrated into the normal
application requirements and submittals.
C.
Standards. The approving agency shall apply the following
standards in reviewing all development applications and shall attach
such conditions and safeguards to any application as are, in its opinion,
deemed necessary.
(1)
Specimen trees, protected trees and specimen tree
stands located in the Primary Tree Protection Zone, the Canopy Tree
Protection Zones and in the Road Right-of-Way Protection Zone shall
be preserved where feasible.
(2)
Healthy specimen trees, protected trees and specimen
tree stands located in the Secondary Tree Protection Zone may be required
to be preserved at the discretion of the approving agency.
(3)
Specimen trees, protected trees and specimen tree
stands in the conservation development required perimeter setback
shall be preserved where feasible. Additionally, specimen trees, protected
trees and specimen tree stands in other sections of the conservation
development may be required to be preserved at the discretion of the
Planning Board.
(4)
Prior to the commencement of any development activity
on any part of a site, the Building Inspector, Town Arborist and Planning
Board shall meet with the developer and his construction manager to
ensure:
(5)
Reforestation plans shall conform to the following:
(a)
Step 1. Calculate the required density factor
for the site (DFS) by multiplying the number of site acres by 15.
|
Example: A 2.2-acre site has a DFS of 2.2 x
15 = 33.
|
(b)
Step 2. Calculate the existing density factor
(EDF) of trees which will remain on the site to be protected during
construction. Existing density factor is determined by converting
the diameter at breast height of individual existing trees to density
factor units, using Table 3. These units are then totaled to determine
the EDF for site.
[Amended 5-27-0003]
|
Table 3
Conversion to Dbh to Existing Density
Factor
| ||
|---|---|---|
|
Dbh
(inches)
|
Density Factor
(units)
| |
|
10
|
0.6
| |
|
12
|
0.8
| |
|
14
|
1.1
| |
|
16
|
1.4
| |
|
18
|
1.8
| |
|
20
|
2.2
| |
|
22
|
2.6
| |
|
24
|
3.1
| |
|
26
|
3.7
| |
|
28
|
4.3
| |
|
30
|
4.9
| |
|
32
|
5.5
| |
|
36
|
7.0
| |
|
38
|
7.5
| |
|
40+
|
8.0
| |
|
Example: A total of 15 trees will remain on
the 2.2-acre site in Step 1. These trees include:
| ||
|
Number
|
Size
(inches)
|
Species
| |
|---|---|---|---|
|
7
|
12
|
Pines
| |
|
3
|
14
|
Pines
| |
|
3
|
18
|
Oaks
| |
|
1
|
20
|
Hickory
| |
|
1
|
30
|
Oak
| |
|
When converted to density factor units using
Table 3, we arrive at the following values:
| |||
|
DBH
(inches)
|
Units
|
Number of Trees
|
Value
| |||
|---|---|---|---|---|---|---|
|
12
|
0.8
|
x
|
7
|
=
|
5.6
| |
|
14
|
1.1
|
x
|
3
|
=
|
3.3
| |
|
18
|
1.8
|
x
|
3
|
=
|
5.4
| |
|
20
|
2.2
|
x
|
1
|
=
|
2.2
| |
|
30
|
4.9
|
x
|
1
|
=
|
4.9
21.4
| |
|
The sum total of units, 21.4, is the EDF.
| ||||||
(c)
Step 3. Calculate the required replacement density
(RDF) (Step 2) from the DFS (Step 1).
|
RDF = DFS - EDF
| ||
|
Example:
|
RDF = 33 - 21.4
| |
|
RDF = 11.6
|
(d)
Step 4. The RDF can be converted back to caliper
inches using Table 4. Any number or combination of transplantable
size trees can be used so long as their total density factor units
will equal or exceed the RDF.
[Amended 5-27-2003]
|
Table 4
Replacement Tree Dbh Conversion to Density
Factor
| ||
|---|---|---|
|
Dbh
(inches)
|
Density Factor
(number of trees)
| |
|
1
|
0.4
| |
|
2 to 3
|
0.5
| |
|
4 to 5
|
0.7
| |
|
6
|
1.0
| |
|
Example: On the 2.2-acre site the following
number and size of trees will be planted:
| ||
|
Number
|
Size
(inches)
|
Species
|
Density Factor
| ||
|---|---|---|---|---|---|
|
12
|
1
|
Pines
|
(12 x 0.4) =
|
4.8
| |
|
10
|
2
|
Red maples
|
(10 x 0.5) =
|
5.0
| |
|
2
|
6
|
Oaks
|
(2 x 1.0) =
|
2.0
11.8
| |
|
11.8 is greater than the RDF of 11.6, thus the
minimum requirements have been met.
| |||||
(6)
Table 2.
|
SAMPLE TREE DENSITY CALCULATION
Required DFS
| |
|
2.2 acres x 15 units/acre = 33 units required
| |
|
EDF (existing density factor)
|
|
Sizes
(inches)
|
Units
|
Number
|
Total Units
| |
|---|---|---|---|---|
|
24
|
3.1
|
2
|
6.2
| |
|
18
|
1.8
|
10
|
18.0
| |
|
10
|
0.6
|
8
|
4.8
| |
|
Total EDF
|
29.0
|
|
RDF (replacement density factor)
|
|
Size
(inches)
|
Units
|
Number
|
Total Units
| ||
|---|---|---|---|---|---|
|
2 - 3
|
0.5
|
10
|
5.0
| ||
|
1
|
0.4
|
100
|
40.0
| ||
|
Total RDF
|
45.0
|
|
EDF + RDF = X> or = DFS
| |
|
29 + 45.0 = 74.0 > or = 33, therefore DENSITY
SATISFIED
|
(7)
In selecting locations to plant trees, priority should
be given to that section of the lot within a Canopy Tree Protection
Zone and the front yard setback.
(8)
Credit toward the reforestation requirements shall
be at a ratio of one preserved healthy specimen or protected tree
or other tree deemed significant for one required planting.
D.
Review. The approving agency shall refer all tree
preservation, protection and reforestation plans to the Planning Board,
Town Arborist and Tree Preservation Council for review and report
prior to taking action on the application. For subdevelopment applications
involving smaller projects of less than 10 required parking spaces
or less than three required parking spaces in the general parking
area, approval of said application may be conditioned upon submitting
a plan subject to approval by the above-cited officials.
A.
All trees on any street or other publicly owned property
near any excavation or construction of any building, structure or
street work shall be guarded with a good substantial fence, frame
or box not less than four feet high and eight feet square or at a
distance in feet from the tree equal to the diameter of the trunk
in inches (DBH), whichever is greater, and all building material,
dirt or other debris shall be kept outside the barrier.
B.
No person shall excavate any ditches, tunnels or trenches
or lay any drive within a radius of 10 feet from any public tree without
first obtaining a written permit from the Town Arborist.
C.
No person shall deposit, place, store or maintain
upon any public place of the municipality any stone, brick, sand,
concrete or other material which may impede the free passage of water,
air and fertilizer to the roots of any tree growing therein, except
by written permit of the Town Arborist.
A.
Upon any violation of the tree preservation, protection
and reforestation plan, the Building Inspector or Town Arborist shall
issue a stop-work order immediately, setting forth the grounds for
its issuance, and may require that remedial actions be taken. In cases
where trees are removed or destroyed or at the discretion of the Building
Inspector, the remedial actions shall be agreed to by the approving
agency and/or Town Arborist before a stop-work order may be canceled.
B.
Any person, firm or corporation violating or failing
to comply with any of the provisions of this article shall be guilty
of a violation and, upon conviction thereof, shall be fined a sum
not less than $25 nor more than $500 or may be imprisoned for a term
not exceeding 60 days, or both.
