Terms as used in this chapter have the following meaning(s):
APPLICANT
Any individual, firm, partnership, association, corporation,
company, organization, or other legal entity of any kind, excluding
the City of Mount Vernon and its governmental agencies, who request
the approval authority to issue a permit, or to whom a permit has
been granted under the provisions of this chapter.
APPROVING AUTHORITY
The City agencies or public officials empowered to administer
the permit procedures of this chapter, as described therein.
BUFFER
An area of natural vegetation or man-made construction that
is intended to provide a visual and dimensional separation between
dissimilar land uses.
A.
NATURAL BUFFERA visual screen created by vegetation of such density so as to present an opaque visual separation when viewed from one side to the other throughout the year.
B.
STRUCTURAL BUFFERA visual screen created through construction of a solid wooden fence, decorative masonry wall, earthen berm, or combination of fence or wall with an earthen berm, which may be supplemented with vegetation, so as to present an opaque visual separation when viewed from one side to the other throughout the year.
CALIPER
The measurement of the diameter of a tree trunk, measured
at six inches above root crown. When measuring the caliper of mature
trees, this measurement is done at 4.5 feet above natural grade [referred
to as "diameter breast height (DBH)"; see definition below].
CERTIFIED ARBORIST
An arborist certified by the International Society of Arborists
(ISA) or another nationally recognized arboricultural organization,
including, but not limited to, an existing employee with certification.
CITY TREE SURGEON
A trained forester who has charge of the scientific planting,
removing, and trimming of all City trees. The surgeon's tree
maintenance practices will be consistent with up-to-date arboricultural
standards. This could be a certified arborist.
CLEAR-CUTTING
The act of removal or destruction of more than two trees
within any City lot, both public and private.
DIAMETER BREAST HEIGHT (DBH)
Measurement of the diameter of a mature tree at 4.5 feet
above natural grade. Diameter = circumference/3.1416 and circumference
= diameter/3.1416.
DRAINAGE
The gravitational movement of water or other liquids by surface
runoff or surface flow.
EMERGENCY
A serious situation or occurrence that happens unexpectedly
and demands immediate action.
ENDANGERED OR THREATENED TREE
A tree listed as endangered or threatened on the New York
protected native species list, 6 NYCRR 193.3, and/or the Westchester
County list of endangered plants.
EROSION
The wearing away of the land surface by action of wind, water,
gravity, or other natural forces.
HARDSHIP
A unique or otherwise special existing condition that is
not addressed by the chapter.
HERITAGE TREE
An individual tree with unique value, which is considered
irreplaceable. The major criteria for this designation are age, rarity
and size, as well as aesthetic, botanical, ecological, cultural and
historic value.
INJURIOUS SUBSTANCE
Brine water, oil, liquid dye or any other substance deleterious
to tree life.
INVASIVE SPECIES
A species of plant or animal that is not native to the ecosystem
under consideration and whose introduction into the ecosystem causes,
or is likely to cause, economic or environmental harm to human health,
as identified by the New York State Department of Environmental Conservation.
INVASIVE VINES
Fast-growing vines that are detrimental (stranglers) to native
vegetation and trees, including, but not limited to, oriental bittersweet,
porcelain berry or others, as identified by the New York State Department
of Environmental Conservation.
LAND USE BOARDS
Independent bodies that make decisions regarding land use
in the City under the enabling authority given under the State of
New York, county, and/or local law. These include the Architectural
Review Board, Zoning Board of Appeals and the Planning Board.
LANDSCAPE PLAN
A design for the exterior landscape of a property that includes
the size, type, and location of trees, shrubs, and other natural elements,
and may include grading, tree removal, and tree preservation measures
and is reviewed and approved by a land use board.
LOT
Any separately designated parcel as shown on the City Tax
Maps.
ORDINARY HOMEOWNER
An individual(s) holding the title to the property, the owner
of an owner-occupied residence.
OWNER
An individual or entity holding title to property (includes
a lessee).
PERMITTED TREES
Trees identified as suitable for planting that are included
on the list developed and maintained by the Commissioner of Public
Works and the City Tree Surgeon.
PUBLIC PLACE/PROPERTY
Any land or space owned by the City of Mount Vernon or any
other governmental entity, including a park, sidewalk, walkway, pathway,
street, road, highway or any other public right-of-way as defined
herein.
PUBLIC RIGHT-OF-WAY
Each street, road or highway, as the same is defined by the
Highway Law of the State of New York, as from time to time amended,
which is owned, controlled or otherwise subject to the jurisdiction
of the City.
PUBLIC TREE
Any tree growing in any public place, property or right-of-way.
REMOVAL
An act that causes or may reasonably be expected to cause
a tree to die, including:
C.
Damaging the root system;
REPLACEMENT TREE
A tree of at least three inches DBH, planted for the purpose
of replacing a significant tree, in accordance with the terms of a
granted permit, when a project requires City Planning Board approval.
SIGNIFICANT TREE
A tree that is protected under this chapter when it either:
A.
Has reached maturity, defined as, measuring 10 inches in diameter
(31 inches circumference) or greater, at breast height (DBH), measured
at 4.5 feet above natural grade level; or
B.
Has reached 75% of its maturity; or
C.
Is an endangered or threatened tree, as defined under the definition of "endangered or threatened tree" in this §
252-2; or
D.
Is a heritage tree, as defined under the definition of "heritage tree" in this §
252-2, or a memorial tree, as defined under the definition of "memorial tree" in this §
252-2.
TREE
A tree is generally defined as a woody perennial plant, typically
having a single stem or trunk growing to a height of at least 13 feet
at maturity and bearing lateral branches at some distance from the
ground.
Any site for which an application has been submitted may be
subject to inspection upon notice to the property owner and/or applicant
at any reasonable time, by the Department of Public Works and the
City Tree Surgeon. The applicant, by making application for such permit,
shall be deemed to have given its consent to such inspection.
Any applicant aggrieved or affected by the determination of
the Commissioner of Public Works and City Tree Surgeon or other certified
representative has the right, within 10 business days from the date
of the determination, to appeal to the Department of Public Works
and state the reason for the appeal. A decision on the appeal will
be provided within 60 calendar days of appeal.
In circumstances where the condition of a public tree poses
an immediate threat to health or safety, as determined by the City
Tree Surgeon or the Department of Public Works, or designee, the tree
may be removed without a permit.
The Mount Vernon Tree Fund Escrow Account shall be administered as a "discreet separate" fund with a separate section under the Budget of the City of Mount Vernon with separate designations in the Revenue, Appropriation and Expense sections of the Budget. The Mount Vernon Tree Fund Escrow Account shall be the repository for all fines and fees derived from activities under Chapter
252, Trees, as well as any grants and contracts received by the City of Mount Vernon that are specifically directed at the maintenance and planting of trees in the City of Mount Vernon. The Commissioner of the Department of Public Works shall be designated by the Mayor of the City of Mount Vernon to administer projects and spending that come under the purview of the Tree Fund. All purchasing, spending and accounting for funds of the Tree Fund shall follow the protocols of the Mount Vernon City Charter and Mount Vernon City Code pertaining to the financial responsibilities of the Mayor, the Comptroller, the Mount Vernon City Council, and Board of Estimate and Contract for all budgeting, revenue collection and spending approval. The Mount Vernon Tree Advisory Board shall receive monthly, quarterly and annual reports of the Mount Vernon Tree Fund and shall be allowed to participate in financial decisionmaking related to the Mount Vernon Tree Fund on an advisory basis only.
Should any part or provision of this chapter be declared by
a court of competent jurisdiction to be invalid, the same shall not
affect the validity of the chapter as a whole or any part thereof
other than the part held to be invalid.