[HISTORY: Adopted by the Board of Trustees
of the Village of Woodbury 8-12-2008 by L.L. No. 6-2008. Amendments noted where
applicable.]
It is the intent of this chapter to promote
the general welfare of the people of the Village of Woodbury by providing
for the protection, regulation, planting and cutting of trees in such
a way as to protect and preserve the environment by controlling the
tree life in the Village of Woodbury. Shade and ornamental trees must
be protected in this rapidly growing area since they provide shade
and beauty and grace to our Village. Trees also act as barriers to
surface water flow and soil erosion which without the proper control
could become a serious problem in the Village, which is predominantly
mountainous.
A.
It is hereby declared to be the policy of the Village
of Woodbury to conserve, protect and regulate the planting and cutting
of trees which are an integral part of the natural resources and environment
of the Village of Woodbury in order to enhance the health, safety
and welfare of the people and their overall economic and social well-being.
B.
It shall further be the policy of the Village to improve
and coordinate the plans for the protection, regulation and planting
of trees and forest management with the overall environmental plans
of the Village in cooperation with the federal and state government.
C.
It shall further be the policy of the Village in implementing
this chapter for the protection, regulation, planting and cutting
of trees to foster, promote, create and maintain conditions under
which man and nature can thrive in harmony with each other and achieve
social, economic and technical progress for present and future generations
for the citizens of Woodbury.
A.
With an ever-growing population in the Village of
Woodbury, it is absolutely essential to our citizens to remove pollution
from our air. It takes approximately 20 mature trees to clean the
air of gases produced from vehicular traffic consuming five gallons
of gasoline. Healthy trees greatly assist in this battle against air
pollution since moist tree foliage traps dust and soot particles until
the rain washes it away.
B.
Properly planted and nurtured trees are also needed
to create sound barriers to reduce the noise level made by vehicular
traffic, trains and ultimately the noise which will be created by
the air traffic in and about Stewart Field.
C.
The Board has also determined that, due to the increase
of assessments within the Village of Woodbury, it has become increasingly
difficult for many owners of large tracts of land to meet the financial
demands imposed upon them by increased state, county, town, Village
and school taxes. The result has been that many people have instituted
commercial logging operations which is in violation of the Woodbury
ordinance even though such operations completely comply with the New
York State Environmental Conservation Law. The Village Board is anxious
to cooperate with the New York State Department of Environmental Conservation
in implementing a plan of forest management and timber harvesting
in such a way as to protect the environmental advantages that the
Village has throughout the wooded sections of the Village.
Whenever used in this chapter, unless a different
meaning clearly appears from the context or unless a different meaning
is stated in a definition applicable to only a portion of this chapter,
the following terms shall have the meanings indicated:
An operation in which a landowner is paid for trees to be
cut down and taken away on more than one acre.
The Village of Woodbury Environmental Conservation Commission.
A city, village, town or consolidated health district.
An operation which involves the removal of undesirable stems,
for which there is no value, from the stand to improve growth and
vigor of remaining stems on more than two acres. The removal of a
diseased or dangerous tree shall not fall within this definition.
Any individual, firm, copartnership, association or corporation
other than the Village and public corporation.
One who has a minimum of a bachelor of science degree in
forestry from a four-year college accredited by the Society of American
Foresters.
Any building designed or occupied in whole or in part as
a dwelling for one or two families, multiple residence or planned
unit developments.
Any tract of land which is hereafter subdivided into two
or more parcels along an existing or proposed street, highway, easement
or right-of-way, for sale or for rent as residential lots or residential
building plots regardless of whether or not the lots or plots to be
sold or offered for sale or leased for any period of time are described
by metes and bounds or by reference to a map or survey of the property
or by any other method of description.
A.
No person shall do or cause to be done upon trees
in any right-of-way, public street, road or highway within the Village
of Woodbury, without first obtaining written permission from the Commission
or Superintendent of Highways or other highway agency as hereinafter
provided, nor shall any person do or cause to be done on Village property,
including any parkland, open space and conservation easements acquired
by the Village after August 28, 2006, without prior written approval
of the Commission, any of the following acts:
(1)
Cut, trim, break, climb with spikes, disturb the roots
or otherwise intentionally injure, misuse or spray with harmful chemicals
or remove any living tree five inches or more or remove any device
installed to support or protect such trees.
(2)
Plant any tree.
(3)
Fasten any rope, wire, electrical equipment, sign
or other device to a tree or any guard about such a tree or shrub.
(4)
Close or obstruct any open space provided at the base
of a tree which open space is necessary to permit the access of air,
water or fertilizer to the roots of such tree.
(5)
Pile, heap or store any building material, soil, debris
or any other matter or make any mortar or cement within a distance
of six feet of a tree.
B.
Any utility company having control over transmission
wires which abut a public highway, street or road shall at all times
protect trees through which or near which such transmission lines
pass against any injury from the transmission lines or from the current
carried by them.
C.
During the period of construction or repair of any
building or structure or in the construction or repair of a street,
road and highway not yet dedicated to the Village, the owner thereof
and/or the contractor shall take every precaution to place guards
around all nearby trees on Village land or within public roads or
rights-of-way so as to effectively prevent injury to such trees. The
owner and/or contractor shall each be responsible for the placement
of such guards or guardrail, and failure to make adequate provision
for the protection of the trees shall subject the owner and builder
to a penalty as hereinafter provided.
D.
No person shall permit any brine, gas or any other
injurious chemical to come into contact with the stem or roots of
any tree or shrub upon any public highway, street or road or Village
property.
Where a person desires to control the growth
of trees on a public highway, street or road or right-of-way by removing
them or pruning the trees, then the person shall apply for approval
to the Commission and shall outline the work to be performed. If the
applicant fails to comply with the order of the Commission, the applicant
shall be subject to the penalties as hereinafter provided.
Where an owner of real property plans to develop his property as a subdivision, planned unit development, multiple residential development or an undeveloped building lot on which a house is to be constructed, he shall not remove any live trees until the Commission has reviewed the plans and made recommendations pursuant to § 286-7 of this chapter and only under the following circumstances:
A.
Any tree protected by this chapter that is seriously
damaged or removed by the developer shall be replaced prior to the
issuance of a certificate of occupancy.
A.
Where a person develops his property as a subdivision,
planned unit development or multiple residential development which
requires the approval of the Woodbury Planning Board, then the developer
shall be required to submit to the Commission, for its recommendations,
his plans at the following stages of development:
(1)
Rough stage plan. Simultaneously with the submission
of his rough plans to the Woodbury Planning Board, the developer shall
submit to the Commission for its review three sets of the plans showing
the proposed location of roads and lots to enable the Commission to
physically inspect the area and to make preliminary recommendations
to the Planning Board.
(2)
Preliminary approval. Simultaneously with the submission
to the Planning Board of maps for preliminary approval, the developer
shall submit three sets of his preliminary maps to the Commission
to enable the Commission to recommend and to designate trees to be
saved by the developer along the proposed roads. The Commission shall
physically inspect the area and shall submit a written report to the
Planning Board making recommendations of trees to be saved. In addition
to the written report, the Commission shall preliminarily mark the
trees which it has recommended to the Planning Board for preservation
in order to give the developer sufficient information concerning the
trees to be saved. In granting preliminary approval, the Planning
Board may consider the recommendations of the Commission as a condition
to the granting of such preliminary approval. At any time after receiving
preliminary approval, if the developer changes his road pattern and
lot layout, then he shall submit to the Commission, as above provided,
copies of his new map so that the Commission may revise, if necessary,
its preliminary report to the Planning Board.
(3)
Final approval. In considering the application for
final approval, the Planning Board may require that the developer,
as a condition to such approval, follow the recommendations of the
Commission or follow those recommendations which the Planning Board
deems advisable under the circumstances. The manner of designating
the trees to be saved shall be left to the discretion of the Commission.
(4)
Building permits. Prior to the issuance of a building
permit by the Code Enforcement Officer, the Commission shall designate
on a given lot the trees to be retained by the developer, which designation
shall be based on the proposed location of the house, driveway, septic
system and other accessory uses and structures, it being understood
that in that area the Commission shall not designate any tree for
preservation.
(5)
Certificate of occupancy. Prior to the issuance of
the certificate of occupancy, the Code Enforcement Officer shall inspect
the premises to make certain that all trees designated by the Commission
for preservation shall in fact be in existence. In the event that
the developer has removed any trees designated by the Commission without
the Commission's prior approval, then the developer shall replace
the trees with trees of equal kind to the satisfaction of the Commission.
Where the Woodbury Planning Board has given
final approval to a subdivision, unless the Planning Board determines
to grant a waiver for specific circumstances relating to the planting
of trees, the developer shall comply with the recommendations of the
Commission for the preservation of designated trees and the planting
of trees within the right-of-way to be dedicated to the Village. Any
of the trees that have been approved by the Commission which are inadvertently
felled during construction are to be replaced by the developer. In
the event that there are no sidewalks or curbs required by the Planning
Board, the developer shall plant shade trees within five feet of the
improved portion of the right-of-way. The developer shall plant one
shade tree for every 40 feet of frontage on the proposed right-of-way
or within a reasonable distance from the proposed improved section
of the right-of-way; then the Commission shall waive applicable sections
of this chapter concerning the planting of new trees by the developer.
All types and locations of shade trees to be planted shall be shown
in the written recommendations submitted to the Planning Board and
shall be planted in accordance with the specifications for planting
shade trees as hereinafter provided.
Where a building permit has been requested from
the Woodbury Code Enforcement Officer for the construction of a building
requiring off-street parking for 10 or more vehicles, then the owner
or builder shall be required to plant shade trees around the perimeter
of such parking space in accordance with this chapter. Where the season
or weather prevents such planting, the owner or builder may deposit
with the Village Clerk a sum sufficient to guarantee the planting
of such trees.
A.
Specifications and requirements.
(1)
Trees shall be balled and burlapped and shall not
be less than two to 2 1/2 inches caliper measured six inches
above the top of the ball nor less than 10 feet high. They must be
well-branched, the branches to start not less than six feet from the
crown of the root system. Trees should be nursery-grown, and a nursery
inspection certificate should be available covering all trees.
(2)
In the event that there are no sidewalks or curbs
existing or proposed, the person or party shall plant shade trees
in the right-of-way line. Trees should start 15 feet from the point
of curvature of the curb, located on the tangent side of the curb
and shall be approximately 40 feet apart. Trees should be staggered
when planted on opposite sides of the same street. No tree shall be
located in such a manner as to limit the sight distance along the
road below the specified minimum in the highway specifications.
(3)
In general, excavations for planting shall be large
enough to accommodate the natural spread of the root system and at
least one foot deeper and two feet wider than the ball of earth supplied
with the tree. The pit shall be rock free and refilled with seven
parts topsoil and one part humus and the parent soil discarded. Hardpan
shall be loosened an additional 12 inches from the bottom and side
of the pit. Trees shall be adequately fertilized and watered at the
time of planting and mulched with three inches of approved mulch immediately
after planting.
(4)
Trees shall be staked and guyed immediately after
planting. Stakes shall be of cedar or oak eight feet long, no less
than two inches in diameter and driven into the tree's root system.
Trees shall be guyed to the stakes using No. 10 wire covered with
rubber hose or equal. The wire shall be stapled to the stake in such
a manner that it will not slip or come into contact with the tree
trunk. The trunk of the tree may be protected with tree wrapping paper.
(5)
Removal of debris is required. The property must be
left in a neat and orderly condition in accordance with good and accepted
planting and tree surgery practice.
(6)
Trees shall not be planted between May 15 and September
15 without specific authorization of the Commission.
(7)
Notice must be given to the Commission 30 days prior
to the start of planting in order that the plants and trees may be
inspected and approved for tree variety, condition, size and quality.
All work shall be subject to the general supervision and approval
of the Commission.
B.
Any tree improperly planted or not meeting these specifications
will be subject to removal. Any tree that does not survive or is in
an unhealthy condition at the end of one year shall be replaced at
no cost to the Village of Woodbury. Said replacement shall be made
within 60 days following written demand for such replacement or within
a more extended period as may be specified.
A.
Review by professional forester. Where a property
owner or logger wishes to conduct either a commercial or noncommercial
timber operation, the area to be timbered shall first be reviewed
by a consulting forester who shall be retained by the Village Board
to advise it concerning the proposed operation. All moneys expended
by the Village in retaining the consulting forester shall be reimbursed
to the Village prior to the issuance of a special permit by the Woodbury
Village Board.
B.
Permit procedures. The Village Board of the Village
of Woodbury shall be responsible for the issuance of a special permit
where a commercial or noncommercial timber harvesting operation is
contemplated. Before granting such special permit, the following information
shall be submitted at the time the Village Board holds a public hearing:
(1)
A summary of cutting operations to include:
(a)
Total land area involved in cutting operations.
(b)
The number of trees of each species to be cut.
(c)
The range, in inches, of diameter, measured
at the standard breast height (4 1/2 feet above the ground) of
the trees to be cut.
(d)
The total board foot volume for each species
to be cut.
(e)
The total volume to be removed from the cutting
area.
(f)
The average number of trees per acre to be removed.
(g)
The average number of board feet per acre to
be cut.
(3)
A statement from the landowner that each tree to be
removed has been designated by a professional forester, with paint
or other distinctive means, at two points so as to be readily visible
by the buyer. One point shall be low enough on the tree so as to be
visible on the stump after the tree is removed. Trees being removed
for other than sawtimber need not be marked on the stump.
(4)
In issuing a special permit for a commercial or noncommercial
timber harvesting operation, the Village Board may require the owner
or harvester to fulfill the following conditions:
(a)
Cut trees to leave a low stump. The felling
cut should be above the stump paint mark, but no higher than the diameter
of the tree being cut.
(b)
Utilize all sound trees to a top diameter inside
the bark of 10 inches for hardwoods and eight inches for softwoods.
(c)
Cut all marked cull trees and salvage the usable
portions.
(d)
The tops of all trees harvested shall be of
a height not exceeding four feet from the ground when measured vertically,
and no trees shall be cut in such a way that the tops hang from remaining
trees or that they lean against such trees.
(e)
Protect all young trees against all unnecessary
injury.
(f)
Use only dead or cull trees for any construction
necessary for the timbering operation.
(g)
Keep all existing roads clear of logs, tops,
brush or any other obstructions.
(h)
Construct skid trails and roads on the land
covered by this permit only at locations approved by the Village's
consulting forester.
(i)
Repair any damage to access and other roads,
bridges, fences, ditches, trails or other improvements that have been
damaged in excess of the reasonable wear and tear of the harvesting
operation.
(j)
Remove all material and refuse from loading
yards and other assembly areas at the completion of the harvesting
and, where possible, seed said areas with a perennial grass at a rate
of not less than one pound per 225 square feet.
(k)
Use due care throughout harvesting operation
to prevent fires and require the extinguishing of all fires endangering
the woodland which is the subject of this permit.
(l)
Provide a performance bond or money security
deposit, in an amount to be determined by the Village Board, to be
posted with the Village Clerk to guarantee the satisfactory compliance
with all of the conditions specified in the permit. In the event that
the conditions have not been complied with by the owner or harvester,
then the Village Board may apply such amount of the security deposit
as is necessary to complete the work required to attain proper certification
by the Village's consulting forester. Any balance of the security
deposit remaining unused will be returned to the owner or harvester.
(5)
The Village Board may impose any additional conditions
to the issuance of the special permit which it believes are required
under a particular set of circumstances.
C.
Noncommercial forest stand improvement operations.
Thinning and cull removal are forestry operations in noncommercial
stands of trees and are designed to provide more growing room for
better trees. Involved is the removal of poor-quality, low-vigor,
injured, diseased or excessively crowded trees. The material involved
is rarely usable, and the operation, therefore, is not one for which
the landowner receives an income. However, the benefits to the total
environment, the forest, the wildlife habitat, the owner and the Village
itself are such that people should be encouraged to undertake these
activities.
D.
Commercial and noncommercial forest stand improvement
standards.
(1)
Trees falling on adjacent properties as a result of
an improvement operation shall immediately be returned to the permittee's
property.
(2)
Loading areas shall be smoothed to remove all ruts
and debris. Waste materials shall be buried or shall be removed to
a point out of sight of any Village road.
(3)
No harvesting or cutting operations or removal of
products shall take place between the hours of 7:00 p.m. and 7:00
a.m.
(4)
The term of this permit shall be for one year. However,
since forest stand improvement operations may be adversely affected
or delayed by unusual circumstances of weather or other occurrences,
an extension of one year shall be available on the recommendation
of the Environmental Conservation Commission when requested by the
landowner.
(5)
The Environmental Conservation Commission shall recommend
the following standards be invoked where necessary:
(a)
Top lopping or removal of debris within 100
feet of any Village road, or leaving an uncut screen along such roads.
(b)
Construction of water bars and the seeding of
logging skid roads to prevent or reduce erosion.
(c)
To ensure the compliance of the permittee to
the standards of this chapter, a performance bond, in suitable amount,
may be required.
E.
Approval by Village Board. There shall be no commercial
or noncommercial timber operations in the Village of Woodbury unless
the owner or logger receives prior approval from the Village Board.
A.
This chapter shall be enforced by the Environmental
Conservation Commission of the Village of Woodbury. It shall be the
duty of the Environmental Conservation Commission to issue notices
of violation of this chapter or any rules and regulations of the Commission
and, with the approval of the Village Board, to take all necessary
legal steps to enforce this chapter, to keep the Village Board advised
of all materials pertaining to the enforcement of this chapter and
to file all necessary records in the office of the Village Clerk.
B.
However, the provisions of this chapter for commercial
and noncommercial forest improvement operations shall be enforced
by the Code Enforcement Officer or the Woodbury Police. It shall be
their duty, as to violations of these sections, to issue notices of
violation and to take all necessary legal steps for its enforcement.
A.
Any person who violates this chapter or fails to comply
with any conditions of a special permit issued by the Village Board
shall be liable to a penalty of not less than $25 nor more than $500
for such violation and an additional penalty not to exceed $25 for
each day during which such violation continues, and, in addition hereto,
such person may be enjoined from continuing such violation.
B.
In addition to the above penalties, the court may
impose an additional penalty equal to 25% of the value of the timber
taken in violation of this chapter. In making such determination,
the court might retain the services of the Village's consulting forester
to determine the number of trees that were taken and its market value.
In the event that the court does retain the services of a consulting
forester, then any fee that may be charged by the consulting forester
shall be part of the penalty imposed pursuant to the terms of this
section.
