[HISTORY: Adopted by the Common Council of the City of Peekskill 12-27-2021 by L.L. No.
13-2021. Amendments noted where applicable.]
There is a direct relationship between the number of trees planted
in a community and the health, safety and welfare of that community.
Trees provide shade, add color, control water and air pollution, stabilize
the soil, prevent erosion and flooding, reduce air pollution, temper
noise, add aesthetic and historic values, and provide economic benefits.
Indiscriminate or unnecessary destruction of trees causes deprivation
of these benefits. Furthermore, the destruction of trees causes increased
municipal costs for proper drainage control and impairs the benefits
of occupancy of existing residential properties. In order to provide
protection against the indiscriminate destruction of trees, this document
establishes minimum standards for tree protection.
The City of Peekskill, furthermore, takes note of the findings
of the New York State Environmental Quality Review Act, among them
being the obligation of the City to serve as a steward of air, water,
land and living resources and the obligation to protect the environment
for the use of this and future generations. It is the intent of the
City to recognize these responsibilities in part by providing these
procedures as well as to preserve the health and welfare and character
of the community.
As used in this chapter, the following terms shall have the
meanings indicated:
Removal of six trees or more having a six-inch DBH or greater
on any lot which is 7,500 square foot or less, or removal of 10 trees
or more having a six-inch DBH or greater on any lot which is over
7,500 square feet.
All portions of a tree, excluding the trunk and roots, such
as branches, leaves, flowers and other foliage.
Any deliberate or negligent activity that is likely to result
in the removal of a tree, including, but not limited to, cutting down,
bark removal, use of chemical agents, or other damaging activity that
a reasonable person would understand is likely to result in the death
of the tree.
The diameter of a tree measured at a point three feet above
the ground.
Any tree which constitutes a public nuisance by virtue of
having an infectious disease or insect problem, being dead or dying,
having limbs that obstruct street lights, traffic lights, etc., roots
that impact sidewalks, curbs, streets and sewer lines, etc., or a
tree that poses a threat to public safety from falling limbs.
A clearly designated area within which land disturbance may
occur, including activities related to construction, materials storage,
grading, landscaping, management of vegetation, and any other activities
related site preparation.
Any real property owned by any individual, partnership, corporation,
or other similar legal entity.
Any land owned by the City of Peekskill or any other governmental
entity, including the right-of-way of any road.
Any woody plant having at least one well-defined trunk with
at least a DBH of six inches and having a clearly defined crown.
Any act that removes a tree from its existing location.
Except as provided in § 530-5, no person, firm or corporation shall conduct, directly or indirectly, any of the following activities unless a tree removal permit is obtained pursuant to this chapter:
A.
Tree removal with a DBH of six inches or greater on any private property.
B.
Carelessly or negligently cutting down, killing, or otherwise destroying
or committing any act which will lead to the destruction of any tree
with a DBH of six inches or greater on any private property.
C.
Removal of any tree in any recognized and regulated federal or state
wetland.
The following activities are permitted by right without the
requirement of a tree removal permit.
A.
Removal of any tree not regulated by this chapter.
B.
Removal of any tree authorized by the City of Peekskill Planning
Commission as part of an approved site plan.
C.
Removal of any tree that creates an actual or ongoing emergency condition
when such immediate tree removal is necessary for the protection and
preservation of life or property.
D.
Tree maintenance or pruning that does not damage the basic nature
of the tree or reduce the size of the tree by more than one quarter
of its overall size and height.
E.
Removal of any tree that does not create an actual or ongoing emergency
condition requiring immediate removal which has been found to be dead,
dying, invasive, insect-infested or otherwise hazardous as determined
in writing by an arborist certified by the International Society of
Arborists and submitted to the Building Inspector prior to removal
of the tree.
F.
Removal of trees to be done by or on behalf of the City of Peekskill.
G.
Removal of trees required by electrical utility companies that by
operation of law are exempt from the permit requirements of this chapter.
All public electrical utility companies shall provide notification
to the City and to the property owner of property where tree removal
will be conducted, prior to the removal of any tree or trees.
A.
Every application for a tree removal permit shall be made on forms
provided by the Building Inspector and shall be accompanied by a fee
as set forth in the consolidated fee schedule maintained by the office
of the City Clerk. The application shall, at a minimum, include the
following information unless otherwise waived by the Building Inspector
as he or she deems to be not pertinent or necessary for the proposed
activity.
(1)
The name and address of the property owner and applicant, if different.
(2)
The street address and Tax Map designation of the property.
(3)
A statement of authority from the owner of the property for any agent
making an application.
(4)
The total amount of land area involved in the action.
(5)
The number of trees involved.
(6)
The purpose of the permit.
(7)
A sketch plan of the area of trees showing the number and location
of all trees regulated by this chapter to be removed and those trees
to be preserved, and any other information as may be necessary.
(8)
Specific information relating to:
(a)
The protection during development of trees to be preserved;
(b)
Grade changes or other work within the dripline of trees to
be preserved;
(c)
The disposal of trees to be removed;
(d)
The replanting or planting of trees, specifying the location,
species, size and completion date for the planting of trees.
(9)
A statement that the property owner and applicant shall indemnify
and hold the City and its representatives harmless against any damage
or injury.
B.
Every tree removal permit shall expire if the authorized work has
not been completed within 12 months after the issuance of a tree removal
permit. The tree removal permit may be renewed for an additional period
of six months upon the payment of a fee set forth in the consolidated
fee schedule maintained in the office of the City Clerk.
A.
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 during normal business hours held by the City, by
the approving authority or its designated representatives. The applicant,
by making application for such tree removal permit, shall be deemed
to have given its consent to such inspection.
B.
There shall be an inspection fee as set forth in the consolidated
fee schedule maintained by the office of the City Clerk.
C.
Where a tree removal permit does not involve tree replacement:
(1)
The applicant shall notify the Building Inspector within one year
after completion of all removals authorized under the tree removal
permit.
(2)
The Building Inspector shall issue a certificate of completion after
all removal(s) authorized under the tree removal permit are deemed
to be completed according to conditions of the tree removal permit.
D.
Where a tree removal permit involves tree replacement:
(1)
The applicant shall notify the Building Inspector within one year
after completion of all replanting(s) authorized under the tree removal
permit.
(2)
The Building Inspector shall issue a certificate of completion after
all removal(s) authorized under the tree removal permit are deemed
to be completed according to conditions of the tree removal permit
and replanting plan.
A.
An applicant or property owner shall replace all trees removed which removal requires a tree permit application pursuant to § 530-4 or which are authorized by an approved site plan with an equal or greater number of trees in accordance with the requirements of this chapter, or, in the alternative, shall pay a fee in lieu thereof in an amount set forth in the consolidated fee schedule maintained in the office of the City Clerk.
B.
Tree replacement.
(1)
All trees that are removed shall be replaced in accordance with an
approved replanting plan pursuant to a tree removal permit.
(2)
All replacement trees shall be a minimum of two-and-one-half-inch
diameter breast height.
(3)
All tree replacement shall occur the same property from which the
tree(s) were removed.
(4)
Replanted trees shall be ecologically compatible with the site property
from which the tree(s) were removed and neighboring properties. Replanted
trees shall be of the same or similar species as those removed when
practical. For all tree replacement, the applicant must use trees
from the Department of Environmental Conservation's Native Flowers,
Grasses, Shrubs, Trees and Vines publication list or through the Recommended
Westchester County Native Plants for Homeowners and Landscapers list
maintained by the Westchester Native Plants Center, which shall be
made available by the City.
(5)
All replanted trees shall be maintained and in healthy conditions
for a minimum of one year from date of replanting.
A.
All fees collected in lieu of tree replacement shall be deposited
into a trust fund to be used by the City for the purpose of planting
and maintaining trees for public benefit on public property, including
public streets, parks and other public spaces, for the furtherance
of other associated work such as irrigation, design, inventories,
management programs, or other actions that provide long-term sustainability
for trees.
B.
All fees paid in lieu of tree replacement must be submitted prior
to the issuance of a tree removal permit.
C.
The Director of City Services shall administer all funds in the Tree
Preservation Fund.
A.
Any person who violates any provision of this chapter shall be guilty
of an offense punishable by a fine of $500. Each day that a violation
continues shall constitute a separate offense.
B.
Each tree removed, cut down, killed or otherwise destroyed in violation
of this chapter shall be a separate and distinct offense.
C.
Should the Building Inspector determine that removal, cutting, killing
or destruction of trees for which a permit has been granted is not
proceeding according to the permit, the Building Inspector may revoke
the permit.
This chapter shall become effective immediately upon the filing
with the Secretary of the State of New York. Any building permit applications
received by the Building Department prior to the effective date of
this chapter shall not be subject to the provisions of this chapter.
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 of this chapter but shall be confined in its operation to
the clause, sentence, paragraph, section or part thereof directly
involved in the litigation in which such judgment shall have been
rendered.
