[L.L. No. 3-2010, § 1]
The Village of Tuckahoe has a vital interest in the planting
and preservation of trees within its borders. Trees provide necessary
shade, green space and aesthetic appeal; they impede soil erosion,
inhibit excess runoff and flooding, reduce air pollution, aid in mitigating
noise, and provide other environmental benefits. The uncontrolled
destruction of trees deprives the community of all these benefits.
The purpose of this chapter is to preserve trees and minimize damage
and removal, thereby enhancing the health, property values and general
welfare of the residents of the Village of Tuckahoe.
[L.L. No. 3-2010, § 1]
As used in this chapter, the following terms shall have the
meanings indicated:
A condition in which severe weather, storms, natural or nonnatural
causes severely affect the integrity of a tree and such condition
poses an immediate threat to life, property or the general public.
The diameter of a tree trunk measured at a point six inches
above the root crown or as defined by the American Nursery Association
(ANA).
An arborist or firm certified by the International Society
of Arboriculture or another nationally recognized arboricultural organization.
The diameter of a tree measured at a point 4 1/2 feet
above ground level at the base of the tree on the uphill side.
A tree designated by the Village with the consent of the
owner upon a finding that the tree is unique and/or of importance
to the community.
Any action, during the course of permitted or nonpermitted
work that causes significant damage to a tree that causes or is likely
to cause the death of the tree.
Nonnative species that adversely affect the habitats they
invade economically, environmentally or ecologically and are listed
in the Invasive Plant Atlas of New England (IPANE), as amended.
Any individual, firm, partnership, association or corporation
or other legal entity.
Trees, shrubs, bushes on land within the property lines of
all streets or avenues, rights-of-way, park areas and/or other property
owned by the Village.
Any tree planted under the provisions of this chapter or
required by a decision of the Building Inspector, Superintendent of
the Department of Public Works or the Planning Board. Replacement
trees shall not be an invasive species or smaller than three inches
in diameter at the time of planting, unless specifically approved
as part of a tree replacement plan.
A fund established by the Village to receive payments pursuant
to this chapter; as well as voluntary donations which are to be used
in accordance with this chapter or to augment the planting of public
trees.
[L.L. No. 3-2010, § 1]
(a)
No person shall knowingly remove, break, injure, deface, kill or
destroy any public tree or shrub.
[L.L. No. 3-2010, § 1]
(a)
No person shall knowingly cut down, kill or otherwise destroy a tree
on private property except in accordance with the registration and
permit requirements set forth in this chapter.
[L.L. No. 3-2010, § 1]
(a)
Trees less than 10 inches DBH:
(1)
Removal is permitted with no registration or permit required.
(b)
Trees 10 inches DBH or greater:
(1)
Removal of two trees in any twenty-four-month period per residential
lot is permitted with two-week prior notification to the Building
Department. Required notification shall include the size, location,
type of tree(s) and reason for removal.
(c)
Removal of more than two trees in any twenty-four-month period measuring
10 inches DBH or greater requires a permit from the Building Department.
The fee shall be set by the Village Board and will be posted in the
Building Department.
(d)
Removal of trees 20 inches DBH or greater must comply with the Village's
insurance requirements.
[L.L. No. 3-2010, § 1]
(a)
The decision by the Building Department in the granting or denial
of a permit shall be based upon, but not limited to:
(b)
Factors taken into consideration shall include, but are not limited
to:
(1)
Whether the location of the tree clearly endangers the health,
safety, welfare or property of the general public, the property owner
or an adjoining property owner.
(2)
Whether the location of the tree prevents compliance with state,
county or local standards for sight lines, driveways or intersections.
(3)
Whether the location of the tree prevents the property owner
from undertaking otherwise approved construction or alteration because
the location of the tree substantially interferes with a permitted
use of the property and the construction or alteration cannot be reasonably
modified to accommodate the tree. Written explanation may be required
describing how the tree interferes with construction or alteration,
and why the construction or alteration cannot be modified to reasonably
accommodate the tree.
(4)
Whether the tree, due to death, disease, blight, infestation,
storm damage, accident or other condition, causes undue hardship for
the property owner to maintain.
(5)
Whether the tree is dead, or so substantially diseased that
it constitutes a danger to persons, property or other trees.
(c)
The Building Department, at the expense of the applicant, may enlist
the services of a certified arborist whenever necessary to make the
above determinations.
(d)
There shall be no site disturbance and the status quo shall be maintained
until such time as a tree removal permit is granted or denied and
the appeal process is completed. In no event shall a tree permit be
issued for the removal of any tree specifically designated to be saved
by the Planning Board, unless said tree is determined to be dead,
dying, diseased or hazardous to life or property or as subsequently
approved by the Planning Board.
(e)
All building permits that involve exterior work shall show the location
of all trees on the plans as defined herein within the area of disturbance,
and identify the impact, if any, on any trees on the same or adjacent
property. The applicant may be required to furnish subdivision plans,
site plans and/or additional information as deemed necessary by the
Building Department, Zoning Board or Planning Board.
[L.L. No. 3-2010, § 1]
(a)
No certificate of occupancy shall be issued by the Building Inspector
until all tree planting and/or associated restoration work is completed
to the reasonable satisfaction of the Building Inspector or his designee.
In the event that seasonal planting requirements prevent timely completion
of all planting and restoration work, the Building Inspector may issue
a temporary certificate of occupancy, together with prescribed conditions,
including but not limited to a requirement of the posting of a bond
in an appropriate amount to ensure compliance.
[L.L. No. 3-2010, § 1]
(a)
An applicant may be required, as a condition to granting the application
for a permit, to replace any tree which is the subject of the application
under conditions specified in the issued permit. Replacement trees
shall be at minimum three-inch caliper. Invasive species shall be
prohibited.
(b)
Any person who removes or causes to be removed a tree without first
obtaining a required permit, or any person who removes or causes to
be removed any public tree, may be required by the Village to plant
one or more replacement trees. When restoration is determined by the
Village to be impractical, an additional fine may be imposed in accordance
with the penalties for offenses section set forth herein. Any such
fine will be deposited into the Tree Preservation Fund.
(c)
All restoration shall be done in accordance with good and acceptable
planting practices. Trees that fail to survive as a result of the
restoration work required for a period of two calendar years following
planting shall be replaced by the property owner.
[L.L. No. 3-2010, § 1]
(a)
Trees on private property: in the event of an actual or ongoing emergency
condition when such immediate tree removal is necessary for the protection
or preservation of life and/or property and there is not sufficient
time to wait for the granting of a permit, then removal of the tree
shall be permitted without the otherwise required authorization.
(b)
Public trees. In the event of an emergency caused by a tree being
in a dangerous condition imposing an immediate threat to person or
property, any member of the Police or Fire Department, or the Superintendent
of the Department of Public Works, or the Building Inspector may authorize
the removal of such tree immediately.
[L.L. No. 3-2010, § 1]
(a)
It is the responsibility of the Village to plant and maintain public
trees. The Village may remove any tree which is in an unsafe condition
or is harmful to sewers, electric power lines, gaslines, waterlines
or other public improvements.
(b)
The Village shall not remove, top off, or substantially alter the
shape of any living tree in the absence of one of the above conditions.
Trees that are severely damaged by storms or other causes, or trees
under utility wires or other obstructions where pruning practices
are impractical, may be exempted from this provision.
(c)
Where public trees are to be planted under utility lines, selections
shall be made of a species compatible to be planted under power lines
and other utilities. This section does not prohibit the planting of
public trees by property owners, provided that the Superintendent
of the Department of Public Works has reviewed and approved such plantings.
[L.L. No. 3-2010, § 1]
(a)
Any owner of a tree or shrub on private property overhanging any
right-of-way within the Village shall prune the branches so that they
do not obstruct the light from any streetlamp, or the view of any
street intersection, or any traffic control device. Owners shall remove
all dead, diseased or dangerous trees or broken limbs which may be
unsafe. Should owners fail to comply with this section upon written
notification from the Building Department, the Department of Public
Works shall have the right to prune any tree or shrub on private property
when it interferes with any of the aforementioned obstructions, and
bill the owner for the work at a rate to be determined by the Superintendent
of the Department of Public Works.
[L.L. No. 3-2010, § 1]
(a)
Utilities, or their agents, responsible for maintaining rights-of-way
in the Village shall follow the tree maintenance practices established
by the National Arbor Day Foundation.
(b)
Trimming of habit shall be in a reasonable manner to protect the
health and appearance of the tree. Utilities performing work at street
level or below shall take reasonable precautions against inflicting
injury to any tree and/or its roots. If a utility proposes to remove
any tree, advance permission must be obtained from the Superintendent
of the Department of Public Works, except in the event of an emergency
when a tree has fallen on a distribution line.
[L.L. No. 3-2010, § 1]
(a)
The Superintendent of the Department of Public Works, with the assistance
of experts in forestry and arboriculture and the consent of the property
owner, may establish a register of historic trees to consist of those
trees in the Village determined to be worthy of inclusion because
of their age, size or specimen. Trees designated as historic may not
be removed unless a certified arborist determines that, because of
their condition, they are a danger to persons or property or that
they are diseased and cannot be saved.
[L.L. No. 3-2010, § 1]
(a)
Any person who is the subject of a decision under this chapter, within
10 days of receiving such decision, may appeal to the Village Board
of Trustees by giving written notice to the Village Clerk. The decision
of the Village Board of Trustees on any appeal shall be the final
decision.
[L.L. No. 3-2010, § 1]
(a)
Any person violating any of the provisions of this chapter shall
be fined $500 for each offense. Each week's continued violation
of any provision of this chapter shall constitute an additional violation
and may result in fines of up to $500 per day. Fines will be deposited
into the Tree Preservation Fund.
[L.L. No. 3-2010, § 1]
(a)
The Superintendent of the Department of Public Works, the Building
Inspector, or their designees are hereby authorized to issue appearance
tickets and stop work orders for violations of this chapter.
[L.L. No. 3-2010, § 1]
(a)
Nothing contained in this chapter shall be deemed to impose any liability
upon the Village, its officers, committees or employees, nor to relieve
the owner of any private property from the duty to keep any tree or
shrub on his/her property or under his/her control or to prevent it
from becoming a hazard, or an impediment to travel or vision upon
any street, park, or public space within the Village.
