[HISTORY: Adopted by the Town Board of the Town of North
Salem 4-23-2013 by L.L. No. 3-2013.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Filling and excavation of land — See Ch. 89.
Flood damage prevention — See Ch. 100.
Freshwater wetlands — See Ch. 107.
Landmark and historic preservation — See Ch. 130
Historic road preservation — See Ch. 131
Stormwater management and erosion and sediment control — See Ch. 193.
Zoning — See Ch. 250.
This chapter shall be known as the "Tree Removal Law" of the
Town of North Salem.
A.
Purpose. The purpose of this chapter is to provide protection against
the destruction and/or uncontrolled removal of trees, as well as the
related adverse impacts resulting from same to property and adjacent
land uses. Further, to ensure where tree removal is permitted, that
it be conducted with minimum impact to the immediate and surrounding
environment, and with implementation of appropriate safety precautions
and measures.
B.
Intent. The intent of this chapter is to safeguard Town residents,
protect public and private property, and prevent damage to the environment
by guiding, regulating and controlling activities involving the removal
of trees within the Town of North Salem. The protection and conservation
of trees is an integral requirement to maintain the integrity of the
woodland habitats and forest areas within the Town of North Salem,
which are important in maintaining a balanced and biodiversity rich
ecology. Trees are important for both their ecological and visual
functions. Therefore, it shall be the policy of the Town of North
Salem to ensure that trees be maintained, managed and conserved in
a manner consistent with the Town Comprehensive Plan so as to minimize
undesirable environmental impacts thereto and on property values.
This chapter is based on the following:
A.
Trees provide shade, impede soil erosion, aid water absorption and
retention, inhibit excess runoff and flooding, and enhance air quality
through oxygen production and greenhouse gas absorption.
B.
Trees offer a natural barrier to noise, serve as natural habitat
for wildlife, promote biodiversity and ecological connectivity, minimize
fragmentation, and provide buffering and screening between land uses.
C.
Trees provide color, seasonal variation, vertical relief and visual
continuity across the broader landscape, enhancing property values,
and adding to the visual appeal and aesthetic quality of the community.
D.
Tree forests help provide a "critical mass" of prime habitat for
many types of wildlife, including threatened or endangered species.
A mix of forest types — young, old, large, small, softwood,
hardwood, open, closed — are essential to retain and promote
biodiversity.
A.
Word usage.
(1)
Unless otherwise listed below, the numbers, abbreviations, terms
and words listed herein shall have the meanings of common usage as
set forth in the latest edition of Webster's New Collegiate Dictionary.
Terms of law shall have the meanings as set forth in the latest edition
of Black's Law Dictionary.
(2)
Unless the context clearly indicates to the contrary, words used
in the present tense include the future tense; words used in the singular
number include the plural; words used in the plural number include
the singular; the word "herein" means "in this chapter"; the word
"requirements" means "this chapter;" and the words "this chapter"
shall mean "this chapter included herein as enacted or subsequently
amended."
(3)
The "Town" is the Town of North Salem in the County of Westchester,
State of New York; and the "Town Board," "Planning Board" and "Building
Inspector," are respectively, the Town Board, Planning Board and Building
Inspector of the Town of North Salem.
B.
DIAMETER AT BREAST HEIGHT (DBH)
FARMING OPERATION
PERSON
STEEP SLOPES
TREE REMOVAL
Definitions. The definitions as set forth in Chapter 250, Zoning shall prevail except the following terms shall have the specific meanings indicated below:
A standard measurement of trees made at four feet six inches
above ground level on the uphill side.
Any operation on a parcel of land, not less than four acres, that is used for soil-dependent cultivation of agricultural crop production and/or the raising of livestock, poultry or dairy products, raising of fur-bearing animals, the keeping of horses and livery or boarding stables, as permitted under Chapter 250, Zoning. The definition of "farming operation" excludes dog kennels.
Includes but is not limited to an individual, a partnership,
a joint venture, a corporation, an unincorporated association, a firm
or any other form of entity, contractors, subcontractors or journeymen.
Any area having a topographical gradient of 15% or greater
(the ratio of vertical distance to horizontal distance) consisting
of 5,000 square feet (over a contiguous horizontal area of 100 feet
or more, one dimension of which is a minimum of 50 feet), whether
created or natural, and whether formed by a retaining structure or
not. For the purposes of this definition, area measurements shall
be made along a horizontal plane from within the boundaries of the
bounding property lines.
The cutting, grubbing, or other removal of a tree or trees
with a diameter at breast height (dbh) of six inches or more.
Any person desiring to conduct a regulated activity as set forth
in Subsection A shall first obtain a tree removal permit from the
Planning Board as hereinafter provided. No permit shall be required
in the case of an excluded activity as set forth in Subsection B.
A.
Regulated activities. Tree removal as follows, except as excluded
herein, shall require a tree removal permit subject to the regulations,
standards and procedures of this chapter:
(1)
Removal of any tree 36 inches dbh or greater.
(2)
Removal of any tree within the common lands and facilities of an average density subdivision, as set forth in Chapter 250, Zoning, of the Code of the Town of North Salem.
(4)
Removal of any tree on steep slopes as defined in this chapter.
(5)
Removal of the number of trees listed below measuring six inches
dbh or greater on a single property of the indicated acreage within
any consecutive twelve-month period:
B.
Excluded activities. The following activities are excluded and shall
not require a permit under this chapter, provided that the activity
is conducted and completed in such manner as not to cause any danger
to the public health or safety:
(1)
Tree removal approved in connection with and in accordance with an
approved subdivision, site development plan, land excavation and/or
filling permit, and/or wetland permit as granted by the Planning Board.
(2)
Tree removal specific to and in accordance with an approved building
permit for the construction, reconstruction or enlargement of a building
or structure, including the simultaneous construction and installation
of site improvements related thereto.
(3)
Tree removal in connection with a farming operation as defined herein,
provided that the operator shall file with the Building Inspector
a written notice of intent to engage in such activity, stating the
approximate acreage, and number and size of trees to be affected,
the general location thereof, the use or uses to be made of the land
and the methods to be employed.
(4)
Removal of a dead or diseased tree as certified by an arborist or
the Building Inspector, and/or the removal of a tree that poses a
striking hazard to the safety of persons and/or real property within
100 feet of an existing dwelling unit.
(5)
Necessary tree removal in connection with required remediation work
performed in accordance with the most current protocols and regulations
of the Westchester County Department of Health and/or New York State
Health Department.
A.
Any person proposing to conduct or cause to be conducted a regulated
activity as defined herein shall file an application for a Town of
North Salem tree removal permit with the Planning Board in such form
and number of copies as the Planning Board shall prescribe, executed
by the property owner, together with the application fee, escrow fees
as may be required, and showing the section, block and lot number
of the parcel upon which the regulated activity is proposed.
B.
Application submission requirements. An application for permit shall contain the following minimum information, unless a waiver is granted by the Planning Board in accordance with § 189-7E of this chapter.
(1)
A narrative description of the proposed regulated activity indicating:
(a)
Location of subject property and area to be affected.
(b)
Intended purpose of the proposed activity or use and the applicant's
interest in the subject property and area to be affected.
(c)
Description of the existing site, trees and topographic conditions
to be disturbed or altered.
(d)
Description and environmental impact assessment of the proposed
regulated activity.
(e)
Considered alternatives to the proposed activity, and why the
proposed regulated activity was chosen instead.
(f)
The mitigation measures proposed to avoid or reduce related
impacts.
(2)
Project plans drawn to a scale of not less than one inch equals 50
feet which plans shall include at minimum the following:
(a)
Existing conditions plan, based upon and including a copy of
a current property survey.
(b)
Proposed tree removal plan, including the following:
[1]
A site location map at an appropriate scale showing the parcel,
surrounding parcels within 200 feet, named area streets and the surrounding
zoning designations of the area shown.
[2]
Graphic scale and north arrow.
[3]
The name and address of the applicant and property owner (if
different).
[4]
The name, address and telephone number of all plan preparers,
including certification and signature thereon.
[5]
The section, block and lot number of the subject parcel.
[6]
Property owner name and address, and section, block and lot
numbers of all abutting parcels, including those located across abutting
streets.
[7]
Existing buildings and structures such as drains, culverts,
retaining walls, fences, wells, sewage disposal facilities and treatment
fields within 50 feet of any proposed regulated activity.
[8]
Existing and proposed topography based on a two-foot contour
interval.
[9]
The location and identification (by scientific and common name,
dbh size and relative health status) of existing trees over six inches
in diameter measured at breast height. Trees proposed to be removed,
disturbed or otherwise protected shall be identified and detailed
accordingly.
[10]
Controlled areas (wetlands, watercourses and one-hundred-foot buffer) as defined and regulated in Chapter 107 of the Code of the Town of North Salem on or adjacent to the premises.
[11]
Proposed vehicular access to and from the property, including
details for maintaining stabilization of said entrance and the prevention
of sediments leaving the site or being deposited on adjacent roadways.
(3)
Such additional information as the Planning Board may deem necessary
in order to evaluate the application and related potential impacts
thereof.
A.
Planning Board review procedures. The Planning Board in reviewing
an application for a tree removal permit shall proceed according to
the following permit review procedures:
(1)
Optional initial review. A request for a nonbinding initial review
for the purpose of obtaining preliminary feedback and evaluating specific
requests for waivers as may be permitted herein may be submitted to
the Planning Board prior to the submission of a complete tree removal
permit application. Initial application review may involve a site
visit by the Planning Board and/or its designees. Before preparing
or submitting any application to conduct or cause to be conducted
a regulated activity as defined herein, an applicant should become
familiar with the regulations, standards and requirements contained
herein.
(2)
Review of application submission materials. The Planning Board shall
review the scope of the proposed regulated activity and may request
the applicant to submit such additional information in support of
the minimum required application submission materials as set forth
herein as it deems necessary to determine compliance with this chapter.
The Planning Board may consult with the Town planning, engineering
or other qualified consultant as deemed appropriate.
(3)
Conservation Advisory Council referral. The Planning Board shall
request the advice of the Conservation Advisory Council, and the Council
shall furnish a written report of its findings and comments within
30 days after said request is received by the Conservation Advisory
Council.
(4)
The Planning Board and Conservation Advisory Council and their authorized
representatives may enter upon the application property for the purposes
of evaluating a proposed application.
(5)
Notice and public hearing. The following notice and public hearing
requirements shall be applicable:
(a)
Within 45 days after receipt of a complete application which
meets the requirements set forth herein, the Planning Board shall
hold a duly noticed public hearing.
(b)
The Planning Board shall provide the applicant with a notice
of public hearing at least 13 days prior to the public hearing, which
the applicant shall publish at its own expense in the official newspaper
of the Town of North Salem at least five days prior to the public
hearing.
[Amended 2-25-2020 by L.L. No. 1-2021]
(c)
Notice form and content. The public hearing notice shall be
on forms approved by the Planning Board and shall include the name
of the applicant and owner, the location of the property and a brief
description of the regulated activity, and shall also specify the
date, time and place of the public hearing to be held by the Planning
Board.
(d)
Notice circulation. Said notice shall be mailed by the applicant,
certified mail return receipt requested, at least 10 days prior to
the public hearing to all owners of property in the Town within 500
feet of the application property, which owners and their addresses
shall be as indicated in the current Town Tax Assessor's records.
[Amended 2-25-2020 by L.L. No. 1-2021]
(e)
Certification. Prior to, or at the time of, the public hearing,
the applicant shall provide the Planning Board a list of the owners
of all lots to whom such notice was mailed and either an affidavit
that the delivery or mailing was completed as required herein or copies
of all mailing receipts.
(f)
A copy of the notice of public hearing shall be transmitted
to the Town Clerk, Building Inspector and Conservation Advisory Council.
(g)
All such applications, and the accompanying maps and documents,
shall be open for public inspection at the office of the Planning
Board.
B.
Permit determination.
(1)
Within 65 days of receipt of a complete application or from the close
of the public hearing, whichever is later, the Planning Board shall
determine if the proposed regulated activity conforms to the standards
for approval set forth in this subsection, and shall approve or deny
the application accordingly. The Planning Board, with the mutual consent
of the applicant, may extend this time period.
(2)
Standards for approval.
(a)
A tree removal permit may be granted provided the Planning Board finds that the approved regulated activity will not result in soil erosion, impairment of adjacent trees to remain, adverse drainage or other conditions which would impair the use of the property in accordance with the provisions of Chapter 250, Zoning, of the Code of the Town of North Salem, and that such activity will be in harmony with the general purpose and intent of Chapter 250, Zoning, and this chapter, and if the Planning Board further finds that the permit to be granted is capable of being completed within a reasonable time.
(3)
Conditions. The Planning Board may impose requirements for the modification
of a proposed regulated activity and require conditions or limitations
with respect to the conduct of such activity consistent with the declaration
of policy of this chapter. Conditions of approval may include but
not be limited to the following:
(a)
Limitations on the number, size and type of machinery utilized.
No fixed machinery shall be erected or maintained in connection with
an approved tree removal activity, and no construction related building
shall be erected on the premises except for temporary shelters for
machinery and field offices.
(b)
Installation of erosion controls, site stabilization measures
during and following tree removal activity, and temporary protective
or containment fencing of such type, height and location as the Planning
Board may specify. Any ground holes created shall be backfilled by
creating an acceptable grade and covering.
(c)
Measures to control the dispersal of dust and/or noise.
(d)
Acceptance of the manner of disposal of cut trees or portions thereof. In no event shall burial of cut trees or portions thereof be permitted, nor shall the disposal in any controlled area as defined in Chapter 107 of the Code of the Town of North Salem be permitted.
(e)
Adherence to an established work schedule, including:
[1]
Limitations on the days of the week or hours of the day during
which any work may be performed on the premises.
[2]
Limitations on the time of transporting cut trees or portions
thereof off site. In no event shall disposal off site occur prior
to 7:30 a.m. or after 5:00 p.m., nor at any time on Sundays or legal
holidays.
[3]
Submission of periodic reports detailing the status and progress
of the approved regulated activity.
(f)
An inspection fee in an amount deemed necessary by the Planning
Board to defray the cost of inspection of the operation.
(g)
Mitigation measures. An applicant may be required to prepare
and implement a mitigation plan to off set the impacts of the proposed
regulated activities, including replacement of removed trees, as well
as replacement of any damaged trees intended to remain.
(4)
The Planning Board shall file a copy of its written permit determination
with the North Salem Town Clerk, Building Inspector and Conservation
Advisory Council. Said permit determination shall specify the basis
on which an application has been approved or denied and, in the case
of the approval of an application, shall set forth any modifications,
conditions or limitations which shall be imposed thereon.
C.
Permit expiration.
(1)
Approval of a tree removal permit shall expire unless such conditions
have been met and final plans as may be required have been submitted
for endorsement by the Planning Board Chair and Secretary within 180
days of the date of approval. Failure to timely submit final plans
shall result in expiration of the approval, thereby making it null
and void.
(2)
Approval shall expire unless a certificate of compliance relating
thereto has been obtained from the Building Inspector within a time
period not to exceed two years from the date of said approval as granted
by the Planning Board.
D.
Extension of permit approval time. An extension of the permit approval
time period may be granted by the Planning Board upon a showing of
reasonable cause and/or upon determination that the public interest
and environment will be best served by not interrupting the implementation
of the approved activity, if commenced, as follows:
(1)
A request for an extension of permit approval shall be submitted
in writing a minimum of 45 days prior to the expiration date for which
an extension is requested and shall state at minimum the following:
(a)
The reasons and circumstances for the requested extension.
(b)
The reasons why the authorized activity has not been initiated
or completed within the time frame allowed.
(c)
Any changes in the facts or circumstances involved with or affecting
the resources involved, or the property for which the expiring permit
was issued.
(d)
The status of the authorized activity which is the subject of
the expiring permit, including a description of the extent of work
completed at the time of the extension request and the proposed schedule
for completing the remaining authorized work.
(2)
A maximum of two extensions, not exceeding 90 days each, may be granted,
provided it is determined that the extension is warranted by the circumstances
involved.
(3)
The Building Inspector is not authorized to extend the time periods
related to a permit review or expiration for a tree removal permit
issued by the Planning Board, except as may be expressly authorized
in a Planning Board resolution of approval.
(4)
The Planning Board in consideration of a request for an extension
may require a public hearing consistent with the standards for public
hearing as set forth elsewhere in this chapter.
(5)
The granting of an extension may include additional conditions or
limitations as deemed appropriate or necessary
E.
Waivers.
(1)
The Planning Board may upon written request by an applicant, waive
or modify the required application materials to address the specific
instances of the application under consideration. Any such waiver
or modification shall not be automatic, but rather shall only be granted
if such required application materials are deemed not applicable to
the application under consideration and are not requisite in the interest
of public health, safety and general welfare.
(2)
The Planning Board may upon written request by an applicant, waive
the required public hearing, provided all of the following minimum
conditions are met:
(3)
The Planning Board may modify the standards and conditions for approval
set forth herein, provided such alteration is deemed necessary to
maintain the purpose and intent of this chapter.
A.
Planning Board review of applications for tree removal permits. The
review, and approval or denial, of tree removal permits shall be under
the jurisdiction of the Planning Board.
B.
Building Inspector administration and enforcement.
(1)
This chapter shall be administered and enforced by the Building Inspector.
(2)
The Building Inspector may enter upon the application property for
the purpose of inspection to determine compliance with this chapter,
compliance with Planning Board issued tree removal permits, and for
the purpose of undertaking any investigation, examination, survey
or other activity necessary for the purposes of this chapter.
(3)
The Building Inspector shall keep records of all identifiable complaints
of any offense of this chapter and all notices of an offense served
by the Building Inspector and the action taken consequent thereon.
The Building Inspector shall file with the North Salem Town Clerk
a copy of each order or decision rendered by the Building Inspector.
The Town Clerk shall keep records of all applications and permits.
C.
Tree removal permit compliance administration and inspections by
Building Inspector.
(1)
The Building Inspector shall administer, enforce and verify compliance
with all tree removal permits according to the resolution of approval
as issued by the Planning Board.
(2)
Field changes. During the implementation of a tree removal permit,
the Building Inspector may allow a field change due to unexpected
site conditions which otherwise prevent or limit the implementation
of the tree removal permit as approved by the Planning Board, provided
said field change is minor in scope and intensity; and will not substantively
alter the intent, design, safety or mitigation functions of the aspect
to be changed.
(a)
All requests for a field change shall be submitted to the Building
Inspector in writing, with a copy to the Planning Board, indicating
the substance of said requested field change and how said change is
minor in scope and intensity, and consistent with the approved tree
removal permit.
(b)
The Building Inspector shall file a copy of the approved field
change, detailing the scope and substance of said field change, with
the Planning Board within five days of said approval.
(3)
Certificate of compliance. Upon the completion of all authorized
work conducted pursuant to an authorized tree removal permit, the
permit holder shall request in writing to the Building Inspector for
a final inspection thereof. The Building Inspector shall confirm the
completion of the approved regulated activities in accordance with
the issued permit and the provisions of this chapter, and if deemed
complete, shall issue a certificate of compliance thereby closing
the permit.
D.
Permit suspension and revocation. Any permit issued pursuant to the
provisions of this chapter may be revoked by the Planning Board after
notice as issued by the Building Inspector, in writing, and a hearing
for noncompliance of any conditions of the resolution of approval
for the regulated activity or the doing of any act constituting or
creating a nuisance or endangering the life or property of another.
(1)
Notice. The notice shall describe the offense charged and may either
be delivered personally or mailed postage prepaid to the address appearing
on the application.
(2)
Suspension. Any permit granted pursuant to this chapter may be suspended
for cause by the Building Inspector for a period not exceeding five
days without a hearing. All work under any permit shall be suspended
following notice of a hearing to revoke as provided for in this chapter.
E.
Offenses. Any person who shall violate any order of the Building
Inspector or conditions of a Planning Board resolution of approval
issued under this chapter shall be deemed to have committed an offense
of this chapter.
F.
Penalties for offenses.
(1)
Any person committing an offense against any provision of this chapter
shall, upon conviction thereof, be guilty of a misdemeanor punishable
by a fine not to exceed $1,000 for an individual per tree and $5,000
for a corporation per tree, or by imprisonment for a period not to
exceed one year, or both. The continuation of an offense against the
provisions of this chapter shall constitute, for each day the offense
is continued, a separate and distinct offense hereunder.
(2)
In addition to any other penalty authorized by this chapter, any
person, partnership or corporation convicted of an offense of the
provisions of this chapter shall be required to restore the site to
the condition existing prior to commission of the offense to the extent
possible or as deemed appropriate by the Planning Board.
(3)
In addition to the above-provided penalties, the Town of North Salem
may maintain an action or proceeding in a court of competent jurisdiction
to compel compliance with or to restrain by injunction a violation
of any provision of this chapter or the terms and conditions of any
permit granted hereunder.
A.
Rules and procedures. The Building Inspector and/or Planning Board
may promulgate rules and establish procedures for the administration
of this chapter, including the submission of applications.
B.
Amendments.
(1)
Referral to Planning Board. This chapter or any part thereof may
be amended, supplemented or repealed from time to time by the Town
Board, on its own motion or upon recommendation by the Planning Board
or by petition. Prior to a public hearing, every such proposed amendment
shall be referred by the Town Board to the Town Planning Board for
a report, unless the proposed amendment was initiated by the Town
Planning Board. The Town Board shall not take action on any such amendment
without such report from the Town Planning Board unless the Planning
Board fails to render such report within 60 days following the date
of such referral, unless an extension of time is agreed upon by the
Town Board.
(2)
Public hearing; notice of hearing. The Town Board shall fix the time
and place of a public hearing on the proposed amendment and cause
notice thereof in the official newspaper of the Town of North Salem
at least 15 business days prior to the public hearing. The cost of
the publication of any notice required for such hearing originating
from a petition by an applicant shall be at the cost and expense of
the applicant.
Fees shall be in accordance with the Standard Schedule of Fees
for the Town of North Salem.[1]
[1]
Editor's Note: The Schedule of Fees is on file in the Town
offices.
A.
In their interpretation and application, the provisions of this chapter
shall be held to be the minimum adopted for the promotion of the public
health, safety, comfort, convenience and general welfare.
B.
Compliance with other regulations, ordinances and laws. Approval
of an application and issuance of a permit under this chapter shall
not be construed to constitute compliance with any other regulation,
ordinance or law, nor relieve an applicant from responsibility to
obtain a permit thereunder. The Building Inspector may, at his discretion,
withhold issuance of a permit or work authorized hereunder until any
other required permit has been obtained by an applicant.
C.
Other permit approvals required prior to permit implementation. Compliance
with this chapter is in addition to and does not abrogate or lessen
the effect of any other regulation, ordinance or law pertaining to
activities regulated hereunder and to which this chapter is applicable.
It is further stated that approval of permits by any other agency
or authority does not limit or eliminate the necessity of such local
approval.
D.
Compliance with SEQR. An application shall not be deemed complete
until and unless an applicant has complied fully with the procedures
and requirements of the State Environmental Quality Review Act (Article
8 of the New York State Environmental Conservation Law) and any corresponding
local law.
A.
An applicant or any other person duly aggrieved by any order or decision
under this chapter may seek judicial review pursuant to Article 78
of the Civil Practice Law and Rules in the Supreme Court for the County
of Westchester within 30 days after the date of the filing of such
order or decision with the North Salem Town Clerk.
B.
Automatic stay. Any appeal shall operate to automatically stay the
effectiveness of any permit issued under the provisions of this chapter.
