Property owners and other persons are prohibited from planting the following invasive tree species: Sycamore Maple (Acer pseudoplatanus), Amur Cork Tree (Phellodendron amurense), Gray Florist's Willow (Salix atrocinerea), Norway Maple (Acer platanoides), Black Locust (Robinia pseudoacacia).
Any property owner applying for subdivision approval whose plans would require the removal of any trees is subject to the tree preservation regulations outlined in Chapter 170, Subdivision of Land, of the Code of the City of Rye.
A. 
Permit required. The removal of any protected tree or significant tree shall require the submission of a tree removal permit from the City Building Inspector. Permit and application requirements as set forth by the Building Inspector shall be submitted prior to the commencement of any tree removal. An application fee and inspection fee in amounts set forth in a fee schedule established from time to time by the City Council shall be submitted with the application. The Building Inspector may consult with a certified arborist, Tree Foreperson or other City Official as authorized by the City Manager to confirm tree health and condition prior to the issuance of a permit. Appeals of the Building Inspector's determination or permit conditions can be appealed to the City Planning Commission. Permits shall be issued as follows:
(1) 
Dead, diseased or dangerous trees. The Building Department shall approve the removal of any protected or significant tree deemed dead, diseased or deemed an imminent risk pursuant to the standards and criteria of ANSI A300, Part 9 as confirmed, if necessary, by the City's arborist. The Building Department shall establish expedited permitting procedures for tree removal required due to imminent risk or other similar emergency.
(2) 
Limited tree removal. If a tree is deemed neither dead nor deemed an imminent risk, the Building Inspector shall approve within any twelve-month period on a property the removal of any protected or significant tree subject to the limitations in the table below. Any tree removal exceeding the maximum permitted tree removal limitations in the table below shall be subject to the Planning Commission review and restoration requirements of § 187-8.
Tree Removal Allowed by the Building Inspector in a Twelve-Month Period
Private Property Lot Size
Permitted Tree Removal by Building Inspector
Less than 10,000 square feet
Up to 3 protected trees, not more than 1 of which can be a significant tree
10,001 square feet to 20,000 square feet
Up to 4 protected trees, not more than 1 of which can be a significant tree
20,001 square feet to 2 acres
Up to 6 protected trees, not more than 2 of which can be a significant tree
Greater than 2 acres to 10 acres
Up to 13 protected trees, not more than 3 of which can be a significant tree
More than 10 acres
Up to 36 protected trees, not more than 6 of which can be a significant tree
B. 
Storm damage exemption. As a result of a severe weather event involving significant damage to trees, the City Manager may temporarily suspend the requirement of this chapter.
A. 
Application requirements. Applications seeking to appeal a Building Inspector determination or an application for tree removal subject to Planning Commission review pursuant to § 187-7 or 187-8, shall provide the application forms, information and plans as established by the Planning Commission and submitted pursuant to their meeting deadline requirements. An application fee and inspection fee in amounts set forth in a fee schedule established from time to time by the City Council shall be submitted with the application.
B. 
Procedure. The Planning Commission shall review tree removal permit applications to it and appeals from Building Inspector determinations at their regularly scheduled meetings. Such meetings shall adhere to notice, minute and decision-making requirements as provided for by law. No tree removal shall commence until a written permit has been issued by the Planning Commission.
C. 
Tree removal involving land development. Applications involving tree removal pursuant to § 187-7 that is associated with land development or land disturbing activities must be reviewed and approved by the Planning Commission. All development activities including but not limited to all proposed structures such as buildings, pools, walls, impervious areas, grading, utility connections and stormwater drainage measures shall be shown on a plan submitted by the applicant and its relationship and potential impact to existing regulated trees. The size, type, health and condition of all regulated trees as determined by a certified arborist shall be shown on the plan as well as all tree preservation and tree protection measures.
D. 
Permit condition and decision criteria. As part of any tree permit application to it, the Planning Commission is authorized to implement conditions or require measures to protect trees from development or construction activities. In considering tree removal applications or Building Inspector appeals, the Planning Commission shall authorize tree removal consistent with the decision criteria (individually or in the aggregate) listed below. If such criteria have not been satisfied the application may be denied by the Planning Commission.
(1) 
The tree to be removed is dead, diseased, dangerous or invasive.
(2) 
The tree to be removed substantially interferes with the permitted use of the property and that such construction or use of the property cannot be reasonably modified or altered to accommodate the preservation of the tree.
(3) 
The tree removal will promote the growth or health of existing or proposed vegetation, remedy a public safety concern or is otherwise necessary because of extenuating circumstances.
(4) 
The number of trees to be removed is the minimum necessary to meet the reasonable needs of the applicant.
E. 
The Planning Commission in its review of any application may seek the assistance of an experienced certified arborist and the advisory opinion of the Conservation Commission Advisory Council. The Commission may also require the applicant to place in escrow with the City a fee sufficient to reimburse the City for the cost of professional consultation fees and other expenditures attributable to the proposal. The Planning Commission may establish an escrow account funded by the applicant prior to the Commission authorizing the performance of consulting services regarding the proposal.
A. 
Tree replacement schedule. All applicants for permits involving the removal of trees as part of a Planning Commission permit shall be required to replant trees on the property based on the following schedule:
DBH of Tree Removed (inches)
Number of Trees To Be Replanted
8 to 12
1 for every two trees removed
13 to 24
1 for every tree removed
25 to 39
2 for every tree removed
40 to 49
3 for every tree removed
50 to 59
4 for every tree removed
60 or greater
5 for every tree removed
B. 
Tree replanting guidelines. As part of a restoration plan the Planning Commission shall adhere to the following tree replanting guidelines, which it may modify at its discretion based on specific site condition or other circumstances.
(1) 
Replanted trees shall have a minimum caliper of 2.0 inches or greater or 8 to 10 feet tall if a conifer tree. The number and size of replanted trees can be varied by the Planning Commission due specific site conditions or potential circumstances such as minimizing potential erosion impacts.
(2) 
Native hardwood deciduous trees shall be preferred over nonnative or ornamental trees or shrubs.
(3) 
A diversity of tree species, both deciduous and coniferous, in a tree replanting program shall be encouraged to the maximum extent possible.
(4) 
Where possible, tree replanting should be located in front yards, particularly where large mature trees have been removed in a front yard.
(5) 
On-site tree replacement is preferred over off-site such as an adjacent right-of-way. Any tree planting on City Property requires approval of the Tree Foreperson prior to planting regardless of whether it is part of a Planning Commission's approved restoration plan.
C. 
Tree replanting conditions. The Planning Commission is authorized to establish reasonable conditions related to replanting requirements including, but not limited to required City inspections, time frames to complete required replanting and other provisions to ensure the preservation and survivability of required replanted trees (including continued protective provisions). The Planning Commission shall follow ANSI standards adjusted for local conditions.
D. 
In the event that conditions on a lot make the planting of required replacement trees not feasible, the Planning Commission may order the applicant to pay a sum of money to the City's Tree Fund in an amount established by the City Council in its annual fees and charges schedule.
Where privately owned trees encroach upon any street, right-of-way, park or other public place, the Tree Foreperson is authorized to remove branches overhanging any public street, right-of-way, park or other public place, or if, in his or her judgment, such trees are dangerous to the public, he or she is authorized to remove them.
Where any dead tree or trees located on private property adjacent to a public street, right-of-way, park or other public place constitute a danger or are potentially dangerous to the traveling public, the Tree Foreperson may serve personally or by mail upon the owner of said property a written notice to remove the dead tree or trees, and upon failure to do so within 20 days after the service of said notice, the City, through its contractors, agents or employees, may remove the same and assess the cost thereof against the property affected by said assessment, to be levied, collected and enforced in the same manner as taxes upon said property for City purposes are levied, collected and enforced.