[HISTORY: Adopted by the Board of Trustees of the Village of Mount
Kisco 1-23-1989 by L.L. No. 2-1989. Amendments noted where applicable.]
The Board of Trustees hereby finds and declares that the preservation
and maintenance of trees, where reasonably possible within the Village, is
necessary to protect the health, safety and general welfare of
the Village/Town of Mount Kisco, because trees provide necessary shade, green
space and aesthetic appeal, impede soil erosion and aid water absorption,
provide other environmental benefits and generally enhance the quality of
life. It is the intent of the Board of Trustees, by the adoption of this chapter,
to provide for:
A.
The protection and preservation of as many trees as possible,
particularly those trees which are specimen trees and/or trees of select or
rare species.
B.
The reforestation and replacement of those trees which
are removed due to disease or development.
C.
The preservation of an acceptable level of green foliage
in all areas of the Village.
D.
Ensuring that suitable wildlife habitats are maintained
and reinforced in all areas of the Village.
As used in this chapter; the following terms shall have the following
meanings:
To trim or remove more than 25% of a tree's growth, or to trim in
such a manner as to change the natural shape of a tree's crown.
[Added 7-9-2001 by L.L. No.
14-2001]
All portions of a tree, excluding the trunk and roots, such as branches,
leaves, flowers and other foliage.
To weaken or severely alter a tree, whether to its branches, trunk
or roots. Injury to a tree shall include, but not be limited to:
[Added 7-9-2001 by L.L. No.
14-2001]
Improper use of machinery on the tree.
Storage of materials in or around the tree.
Soil compaction around the trunk of the tree.
Altering the natural grade to expose the roots, increase the depth by
more than one inch of the soil over the roots or to cover the trunk.
Large excavations within 25 feet of the trunk of the tree.
Removing the bark around the circumference of the tree.
Excessive harmful pruning.
Paving with concrete, asphalt or other impervious surface within such
proximity as to be harmful to the tree.
Application of herbicides or defoliants to any tree.
Causing or permitting any brine, oil, gas, gasoline, liquid dye or other
substance deleterious to tree life to lie, leak, pour, flow or drip on or
into the soil about the base of the tree at a point where such substance may
in any manner cause harm to the tree.
A subdivision plat which, if approved, would have the effect of creating
either more than one new lot or a lot for the development of which site plan
approval would be required.
[Added 4-24-1995 by L.L.
No. 2-1995]
That portion of a lot constituting the front, side and rear yards and buffer areas, as defined in Chapter 110 of this Code.
Any land owned by the Village/Town of Mount Kisco or any other governmental
entity, including the right-of-way of any road.
[Added 4-24-1995 by L.L.
No. 2-1995]
All land not included in the Primary Tree Protection Zone, except
for sidewalks and street rights-of-way.
A site development plan approved pursuant to § 110-45 of this Code.
[Added 4-24-1995 by L.L.
No. 2-1995]
Trees which have a minimum trunk circumference of 36 inches at a
point four feet above the natural grade and/or a minimum crown spread of 15
feet; any other tree or grouping of trees deemed significant by the Village
Naturalist.
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.
The Tree Preservation Board appointed by the Board of Trustees of
the Village/Town of Mount Kisco in accordance with this chapter.
[Added 4-24-1995 by L.L.
No. 2-1995]
A plan prepared pursuant to Article II of this chapter which identifies and shows the location, type, size and health of trees; states the ultimate disposition of the trees, showing the type, size and location of any trees to be planted; and sets forth measures to protect trees before, during and after construction.[1]
[Amended 4-24-1995 by L.L.
No. 2-1995]
Written authorization pursuant to this chapter to remove, alter,
cut or otherwise destroy or injure a tree.
[Added 7-9-2001 by L.L. No.
14-2001]
[1]
Editor's Note: The definition of "tree removal," which immediately
followed this definition, was repealed 7-9-2001 by L.L. No. 14-2001. See now
the definition of "injure a tree."
[Amended 4-24-1995 by L.L.
No. 2-1995]
No person shall plant any tree or shrub within the limits of any street,
park or other public place without first securing a written permit from the
Village Engineer and complying with the following requirements. Such a permit
shall be granted only upon a determination by the Village Engineer that such
planting will not create a traffic safety hazard, will not interfere with
the use of such street, park or other public place by the public and will
enhance the beauty and appearance of the street, park or other public place
and the surrounding area. The Village Engineer will consult with the Police
Department in evaluating whether the proposed planting will create a traffic
hazard.
A.
Trees planted within the limits of any street, park or
other public place shall be of a quality approved by the Village Engineer
and shall be placed at least 30 feet apart unless otherwise authorized by
the Village Engineer. Each such tree shall measure not less than two inches
nursery caliper.
B.
Should any tree or shrub planted within the right-of-way
of any street, park or other public place pursuant to any such permit, in
the opinion of the Village Engineer, interfere at any time with the use of
such street, park or other public place or the surrounding area, the Village
Engineer shall mail a notice, in writing, to the permittee or, if the tree
or shrub is planted within the right-of-way of any street, to the permittee's
successor in ownership of the abutting premises to remove such tree or shrub
and to restore such street, park or other public place to its original condition
within 10 days of the mailing of the notice, and such permittee or owner shall
comply with such notice within 10 days. If such permittee or owner shall fail
to comply with such notice, the Village Engineer may cause the tree or shrub
to be removed and the street, park or other public place to be restored to
its original condition at the expense of such permittee or owner.
C.
Any tree or shrub or plant planted within the right-of-way
of any street pursuant to such a permit shall be maintained by the owner of
the abutting premises and, notwithstanding anything set forth elsewhere in
this Article, may trim such tree or shrub to the extent necessary to maintain
it. The Village shall not be responsible for any damage caused to such tree
or shrub.
[Amended 4-24-1995 by L.L.
No. 2-1995; 7-9-2001 by L.L.
No. 14-2001]
A.
No person shall, without first obtaining a tree removal
permit:
(1)
Remove, cut, break, trim or destroy or injure any tree
or shrub planted or growing in or on any street or in any public place.
(2)
Remove, alter, cut or otherwise destroy or injure any
tree within the Primary Tree Protection Zone or Road Right-of-Way Protection
Zone.
(3)
Remove, alter, cut or otherwise destroy or injure any
specimen tree within the Secondary Tree Protection Zone.
B.
Application for a tree removal permit shall be made, in writing, to the Village Engineer, who, after consultation with the Tree Preservation Board, shall issue or deny the permit. The application shall be accompanied by the fee as set forth in Chapter A112, Fees, and shall include the following information:
(1)
The name and address of the applicant.
(2)
The address and tax map designation of the property on
which the subject tree is or trees are located.
(3)
The total land area involved in cutting operations.
(4)
The number of trees to be removed, altered, cut or otherwise
destroyed or injured.
(5)
The purpose for removing, altering, cutting or otherwise
destroying or injuring the tree.
(6)
A survey of that section to be disturbed, showing the
location of all trees regulated herein to an accuracy of one foot, indicating
those trees to be removed and those trees to be preserved, their species and
diameter, except that where the total land area involved in cutting operations
is less than 100 square feet, a sketch plan drawn by the applicant may be
substituted for the survey.
(7)
The method by which it is proposed that the trees be
removed, altered, cut or otherwise destroyed or injured.
(8)
The name of the individual or entity that will be removing,
altering, cutting or otherwise destroying or injuring the tree.
C.
The Village Engineer, in consultation with the Tree Preservation
Board, shall issue a tree removal permit when it is established to their satisfaction
that:
(1)
There is a need for the action proposed to be taken,
in that:
(a)
The presence of the tree would cause hardship or would
endanger the public or the person or the property of the owner or of an adjoining
owner;
(b)
The tree is diseased or threatens the health of other
trees; or
(c)
The tree or trees substantially interferes with a permitted
use of the property.
(2)
The need outweighs the environmental and aesthetic advantages
to be derived from maintaining the tree in its present form;
(3)
The action proposed to be taken is the least destructive
action which can be taken consistent with accomplishing the desired end; and
(4)
The means by which such action is proposed to be taken
is consistent with accepted industry practice, the preservation of neighboring
trees and the public safety.
D.
No permit shall be required to remove, alter, cut, break
or trim any tree when:
(1)
Necessary to control a fire.
(2)
Necessary for the immediate protection of health, safety
or property. In the event a tree regulated by this chapter is removed, altered,
cut or trimmed pursuant to this subsection, within three days after such act,
the person on whose property the tree is located shall submit to the Village
Engineer a letter or other documentation explaining and confirming the nature
and extent of the immediate threat. The Village Engineer may require, in his/her
discretion, documentation from a certified arborist.
(3)
Necessary to maintain Village, county or state rights.
E.
No tree shall be removed, and no permit shall be granted for the removal of any tree, from any parcel more than 40,000 square feet or for the development or any change in development of which site plan approval would be required, except pursuant to a tree preservation plan in accordance with Article II of this chapter.
A.
No person shall fasten or attach to any tree any sign,
poster, bill, notice or advertisement of any kind.
C.
No person shall fasten or cause to be fastened any animal
to a tree in any street or public place or permit any animal owned by him
or in his charge to stand so near any such tree that the tree may be gnawed
or otherwise injured by the animal.
[Amended 4-24-1995 by L.L.
No. 2-1995]
A.
There shall be a Tree Preservation Board consisting of
five persons appointed by the Board of Trustees, each of whom shall serve
without compensation. The members shall serve for three-year terms commencing
on the first day of the official year of the Village, except that any current
member whose term is to expire at other than the end of an official year of
the Village shall, upon expiration of such term, hold office until the end
of the official year, and his or her successor shall then be appointed to
a term of three official years. The Board of Trustees shall annually designate
one member of the Tree Preservation Board as Chair until the start of the
next official year of the Village. The Board of Trustees shall have the power
to remove members for cause and only after a public hearing.
[Amended 12-16-1996 by L.L.
No. 5-1996]
B.
If, in the judgment of the Village Engineer or the Tree
Preservation Board, it is necessary to retain an arborist to review an application,
the application shall not be granted or denied until the applicant has paid
to the Village Treasurer the cost incurred by the Village for such services.[1]
[Amended 7-9-2001 by L.L.
No. 14-2001]
[1]
Editor's Note: This local law also repealed former Subsection C, regarding
those officers authorized to issue appearance tickets, which immediately followed
this subsection.
[Amended 4-24-1995 by L.L.
No. 2-1995; 7-9-2001 by L.L.
No. 14-2001; 1-4-2005 by L.L. No. 2-2005]
A.
Any person who violates any provision of this chapter shall be punishable as provided in § 1-17A of this Code. Where the offense consists of removing, cutting, altering or otherwise destroying or injuring a tree, the removal, cutting, alteration, destruction or injury of each individual tree shall constitute a separate offense.
B.
In addition, any (specimen) tree as defined in this chapter,
which is removed, injured or otherwise destroyed shall be replaced with a
specimen tree of an equal caliper. Where replacement of a (specimen) tree
is not practicable as determined by the Village Arborist, then an in-kind
contribution equal to the replacement cost of the (specimen) tree shall be
required.
[Amended 4-24-1995 by L.L.
No. 2-1995]
No site plan or major subdivision plat shall be approved unless and
until a tree preservation plan for the subject property has been approved
by the Planning Board. No certificate of occupancy shall be issued for any
property subject to a tree preservation plan until all required planting and
restoration is completed to the satisfaction of the Planning Board.
A.
The tree preservation plan shall include the following:
(1)
An inventory of existing trees, showing type, location,
size and condition. The inventory shall include specimen and protected trees,
trees or groupings of trees deemed significant by the Building Inspector,
all trees with a minimum trunk diameter of eight inches at a point four feet
above the natural grade and any grouping of five or more trees.
(2)
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 trees, plantings
and other landscaping.
(3)
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.
B.
The above items may be integrated into the normal application
submittal.
The Planning Board shall apply the following standards in reviewing
tree preservation plans and all development applications and in approving
such applications shall attach such conditions and safeguards as are, in its
opinion, deemed necessary to accomplish the purposes of this chapter.
A.
Healthy specimen and protected trees and other trees
deemed significant by the Planning Board located in a public place shall be
preserved where feasible.
B.
Healthy specimen and protected trees and other trees
deemed significant by the Building Inspector or Planning Board may be required
to be preserved at the discretion of the Planning Board.
C.
Prior to the commencement of any development activity
on any part of a site, the Building Inspector shall meet with the developer
and his/her construction manager to ensure that:
D.
The tree preservation plan shall include a reforestation
plan which shall generally conform to the following minimum standards:
(1)
Shade and/or decorative trees shall be planted at a ratio
of at least one tree per 2,500 square feet of lot area or major fraction thereof.
Trees to be planted shall have a minimum trunk diameter of four inches at
a point two feet above the furnished grade.
(2)
In selecting locations to plant trees, priority should
be given to that section of the lot within a buffer or public place.
(3)
Credit toward the reforestation requirements shall be
at a ratio comparable to one preserved healthy specimen or protected tree
or other tree deemed significant for one required planting, as determined
by the Planning Board.
(4)
In determining the number of replacement trees to be
planted, the Planning Board shall consider the size of the trees which are
to be removed. Each specimen tree which is to be removed shall be replaced
by several trees. On slopes of 25% or greater, two trees shall be planted
for each tree which is to be removed.
(5)
The Planning Board shall require the applicant to post
a bond sufficient to ensure the care and health of all newly planted trees
for a period of one year from the issuance of a certificate of occupancy.
Such bond shall be acceptable in form to the Village Attorney.
E.
The applicant shall be required to pay the cost necessary
for the Village to retain an arborist to review compliance with the requirements
of the tree preservation plan.
Upon any violation of the tree preservation plan, the Building Inspector shall issue a stop-work order immediately, and the applicant shall be required to take such remedial action as the Planning Board deems appropriate before a certificate of occupancy may be issued. Any violation of an approved tree preservation plan shall also constitute a violation punishable as provided in § 1-17A of this Code, for purposes of which the removal of each tree which was to have been preserved shall constitute a separate and distinct violation.
