Applications for approvals pursuant to Articles IV and V of this Chapter 165 shall be subject to the following additional requirements in respect to tree protection and preservation:
Every application for approval pursuant to Articles IV and V of this Chapter 165 (hereinafter collectively referred to as "development applications") shall include 12 copies of a tree plan designating the trees to be removed, trees to be saved and trees to be planted and showing the location, size and types thereof. Upon receipt of a complete set of development approval plans (residential districts) or site plans (nonresidential districts), the Planning Board may forward a set of all pertinent materials to the Town of Putnam Valley Committee for the Conservation of the Environment ("CCE") for its review and recommendations. If the Planning Board determines not to refer a set of development approval plans or site plans to the CCE for review and recommendation, it shall promptly notify the CCE of such decision. In considering the development application, the Planning Board shall require the applicant, as a condition of such approval, to conform to the aforesaid tree plan, as approved by the Planning Board. In lieu of a separate tree plan, the Planning Board may permit the information required to be shown on a tree plan on the site development plan or development approval plan, whichever the case may be, in which case such site development plan or development approval plan shall be deemed the "tree plan." In considering the development approval plans, the information required to be shown on the tree plan shall be limited to areas within 50 feet of areas of disturbance associated with the development.
If the trees to be removed cover an acre or
more in the aggregate, the area proposed for tree removal shall first
be reviewed by a consulting forester or certified arborist to be retained
by the applicant to advise the applicant in writing concerning the
environmental impact of the proposed tree removal operations. Said
report is to be submitted to the Planning Board along with the tree
plan.
Certificate of occupancy. A certificate of occupancy
shall not be issued for any improvement shown on a plan approved by
the Planning Board until all trees designated by the Planning Board
for preservation and all trees to be planted shall in fact be in existence.
If any trees designated by the Planning Board for preservation have
been removed without the Planning Board's approval, then the Planning
Board may require such trees to be replanted in accordance with the
following schedule:
dbh of Removed Tree at 4 1/2 Feet
Above Grade (dbh)
The term "tree" as used herein shall mean a woody
perennial, whether deciduous or coniferous, having a diameter six
inches or greater measured 4 1/2 feet above ground level.
The Planning Board shall have the right to waive or amend the submission requirements of § 165-21C(1) concerning a site plan for any applicant, upon a vote of a majority plus one of the total Board, if, in its opinion, the best interests of all concerned will be served.