[Adopted 4-21-1998 by Ord. No. 95-1998[1]; amended in its entirety 4-20-2004 by L.L. No. 2-2004[2]]
[1]
Editor's Note: This ordinance also changed the title of Art. II, Trees, to Art. II, Trees on City Property.
[2]
Editor's Note: This local law also provided it: "shall not take effect immediately for those lots which meet the following requirements: (1) Have obtained site plan or subdivision approval from the Planning Board during the months of October 2003 - March 2004, and (2) Obtain a building permit based on such site plan or subdivision approval by October 31, 2004."
The planting and maintenance of trees have a direct relationship to the health, safety and welfare of the community as trees provide shade, reduce the need for air conditioning, absorb air pollution and provide oxygen; stabilize soil and reduce erosion and flooding; offer a natural barrier to noise and add to the aesthetic quality of the community. The indiscriminate and excessive cutting of trees for the creation of subdivisions and residential and nonresidential development on private lots causes barren and unsightly conditions, increases surface drainage problems and reduces property values, all of which adversely affect the inhabitants of the City of New Rochelle.
As used in this article, the following terms shall have the meanings indicated:
APPLICANT
A person requesting a tree removal permit from the City of New Rochelle or a person to whom a tree removal permit has been given.
APPROVING AUTHORITY
The Planning Board in the case of site plan and subdivision applications and the Building Official or his designee for all other applications.
DESIGN PROFESSIONAL
A landscape architect, registered architect, professional engineer, arborist, professional forester, or other licensed landscape or forestry professional.
DIAMETER AT BREAST HEIGHT (DBH)
A standard measurement of trees made at 4 1/2 feet above ground level on the uphill side.
LOT
A parcel of land, with or without improvements thereon, as shown as a separate tax lot on the tax assessment roll of the City of New Rochelle.
PERSON
Any individual person, firm, partnership, association, corporation, company, organization or legal entity of any kind, but not including state, county or municipal public agencies or corporations.
SPECIMEN TREE
Any tree with a DBH of 24 inches or greater.
TREE
Any living, woody plant which has a DBH of eight inches or more.
TREE REMOVAL
Any act which will cause a tree to die within a one-year period.
TREE REMOVAL PERMIT
A permit granted under this article which allows the removal of regulated trees as herein defined.
UNIMPROVED LOT
A lot which does not have a building, parking area, or other impervious surface greater than 400 square feet in area.
A. 
No person shall remove or cause the tree removal of any tree on a lot comprised of one acre or more without first obtaining a Tree Removal Permit from the City of New Rochelle.
B. 
No person shall remove or cause the Tree Removal from any Unimproved Lot comprised of less than one acre of more than three Trees in any given twelve-month period or any specimen tree without first obtaining a Tree Removal Permit from the City of New Rochelle.
C. 
No person shall remove or cause the tree removal of any tree from any lot while subject to site plan or subdivision review by the Planning Board, conditioned on the requirements set forth in § 301-23 below.
D. 
A tree removal permit may be applied for the removal of any tree as referred to in this section from the New Rochelle Bureau of Buildings.
A. 
An application for a tree removal permit shall be made by the owner or any other qualified person, firm or corporation authorized to perform the work on behalf of the owner. The request for tree removal shall be made to the New Rochelle Bureau of Buildings on forms available from the Bureau. The permit fee for each tree to be removed shall be as set forth in Chapter 133, Fees, of the Code of the City of New Rochelle. An applicant for a tree removal permit to be granted by the Planning Board in conjunction with subdivision or site plan approval shall comply with the public notification requirements of § A361-4 (Land Development) or § 331-121 (Zoning), respectively. An applicant for a tree removal permit to be granted by the Building Official shall provide notice of such application to all abutting property owners by certified mail, return receipt requested, at least 15 days before a decision on such application may be rendered by the Building Official. All post office receipts shall be returned to the Building Official prior to rendering a decision on the application.
B. 
A tree removal permit may be granted under the following circumstances:
(1) 
Where the presence of the Tree would endanger the public, a neighboring property or the property of the owner. This tree may be removed only after inspection and concurrence by a Department of Public Works Tree Inspector. No fee will be charged for the removal of a tree that is determined to be dangerous.
(2) 
Where the tree is diseased or threatens the health or safety of other trees. This tree may be removed only after inspection and concurrence by a Department of Public Works Tree Inspector. No fee will be charged for the removal of a tree that is determined to be diseased.
(3) 
Where a tree substantially interferes with proposed construction on or development of the lot(s). This determination shall be made by the Planning Board as part of subdivision and site plan review and by the Building Official, who is the Zoning Enforcement Official, for all other matters. A fee will be charged for the removal of a tree that is determined to interfere with proposed construction on or development of the lot(s), as set forth in Chapter 133, Fees, of the Code of the City of New Rochelle.
A. 
Any application to the Planning Board for a subdivision or site plan approval filed pursuant to Chapter A361, Land Development, or Chapter 331, Zoning, shall include a landscape plan and schedule showing all existing trees and their DBH as well as trees to be removed and trees proposed to be planted, with their DBH. No separate tree removal permit application is needed for said application.
B. 
A performance and maintenance bond, cash deposit or other surety, acceptable to the Corporation Counsel, shall be posted by the applicant to guarantee the planting of trees and the maintenance of trees as shown on the approved plans for a period of five years, in accordance with § 331-119B(4)(a) of the Zoning Code. The amount of the bond shall be determined by the Building Official for subdivisions or site plans in accordance with § 331-119B(4)(a).
A. 
For any lot(s) of any size submitted to the Planning Board for site plan or subdivision approval, a replacement tree(s) from the official list of acceptable trees as issued by the Commissioner of Public Works shall be planted for every tree which is removed or proposed to be removed. The Planning Board shall have the authority to determine which trees substantially interfere with proposed construction on or development on the lot(s).
B. 
For all other lots, which lots are not subject to active review by the Planning Board, a replacement tree(s) from the official list of acceptable trees as issued by the Commissioner of Public Works shall be planted for every tree that is removed or proposed to be removed for whatever reason and requiring a tree removal permit pursuant to § 301-21. The Building Official shall have the authority to determine which trees substantially interfere with proposed construction on or development of the lot(s).
C. 
To mitigate the removal or proposed removal of any tree, the property owner shall plant new trees with a minimum caliper of two inches each, which trees in aggregate shall have a DBH at the time of planting equal to the total DBH of the tree(s) removed on that lot(s). Each tree removed must be replaced by at least one tree of the same species, provided that such species is on the official list of acceptable trees, as issued by the Commissioner of Public Works. In lieu of planting replacement trees on that lot(s) and only when technically impractical or impossible, a fee shall be paid to the City Tree Fund to defray the City's costs for acquisition, maintenance, and planting of trees on City properties, in accordance with Chapter 133, Fees, of the New Rochelle City Code. The total amount required to be paid as a fee-in-lieu shall be determined by the difference between the total DBH of existing trees which are removed or proposed to be removed from the lot(s), pursuant to the tree removal permit requirements, and the total DBH of new trees at the time of planting which are proposed to replace the trees removed. Such new tree planting and/or payment of fee-in-lieu shall be satisfied within one year of the date of approval of a tree removal permit, except as such conditions may be extended for one year, in accordance with these regulations.
[Amended 4-20-2006 by Ord. No. 80-2006]
D. 
The planting of tree(s) shall be in accordance with the specifications of the landscape nursery from which the tree(s) is purchased or of a licensed design professional. Lacking specifications, the planting of trees shall be as follows:
(1) 
For every inch of tree DBH planted, there shall be a minimum of nine square feet of pervious soil surrounding the tree trunk to allow water and air to the tree roots. For a minimum two-inch DBH tree, therefore, there shall be a minimum of 18 square feet of pervious soil surrounding the tree trunk.
(2) 
No tree trunk shall be planted closer to another tree trunk, existing or proposed, with less than 20 feet of horizontal spacing. In the case that a landscape nursery from which the tree is purchased or a licensed design professional recommends a greater horizontal spacing such spacing shall govern.
(3) 
Trees shall be planted during the period from September 1 to May 15.
The following activities are permitted by right:
A. 
Removal of any tree on an improved lot of less than one acre; removal of any tree on federal, county, state, and municipal properties, and the removal of any tree not regulated by this chapter.
B. 
Removal of any tree under an actual or ongoing emergency condition, when such tree removal is necessary for the immediate protection and preservation of life or property.
C. 
Removal of trees with a DBH of less than eight inches.
D. 
Removal of two or fewer trees within a given twelve-month period on any unimproved tax lot comprised of less than one acre.
A. 
In making its determination to grant, deny, or grant with conditions a tree removal permit under this article, the approving authority shall consider the following factors:
(1) 
Whether the proposed tree removal is consistent with the purpose and findings of this article as set forth in § 301-19.
(2) 
The environmental impact of the proposed tree removal.
(3) 
The possible or practicable alternatives to the proposed tree removal.
B. 
In addition, the tree removal of a regulated tree will be favored:
(1) 
If the tree is in poor health with an expected life span less than two years as determined by a professional forester, landscape architect, arborist, or other design professional.
(2) 
If the tree is located near existing or proposed improvements, especially if it is:
(a) 
Within three feet of an existing or proposed sidewalk or driveway.
(b) 
Within 10 feet of an existing or proposed dry well, leaching pit, drain or other subsurface improvement.
(c) 
Within 10 feet of an existing or proposed roadway.
(d) 
Within 10 feet of any other existing or proposed structure.
(3) 
If the tree removal(s) will have a positive effect upon:
(a) 
Drainage patterns in the vicinity.
(b) 
Growth of existing or proposed adjacent vegetation.
(c) 
The health, safety or welfare of the residents of New Rochelle or its neighboring communities.
(d) 
Solar access and shading of nearby properties and that of the property owner.
C. 
With consideration of the above factors, the proposed tree removal may be granted with conditions or denied:
(1) 
If the tree is a specimen tree, as defined.
(2) 
If the tree removal(s) will have significant negative effects upon:
(a) 
Erosion potential and drainage patterns in the vicinity.
(b) 
Growth of existing adjacent vegetation.
(c) 
The health, safety or welfare of the residents of New Rochelle or its neighboring communities.
(d) 
Solar access and shading of nearby properties.
(3) 
If the tree to be removed is of a species listed on the New York State list of endangered trees or trees of special concern.
[Amended 7-2-2004 by Ord. No. 146-2004]
A. 
In cases where the Building Official is the approving authority, the applicant will be notified of permit decisions in writing, if approved. If the permit is denied, the applicant will be notified in writing by the Building Official of the reason or reasons for such denial.
B. 
In cases where the Planning Board is the approving authority, specifically for all site plans and subdivisions involving tree removal and tree planting, the applicant will be notified by a resolution by the Planning Board, which resolution will be filed with the City Clerk, with a copy sent to the applicant. Any permit issued pursuant to this article may be issued with conditions. Such conditions may be attached as the approving authority deems necessary to ensure compliance with the policies and provisions of this article. The conditions for posting a performance and maintenance bond, cash deposit or other surety acceptable to Corporation Counsel shall also be stated in the resolution of the Planning Board, in the case of a subdivision or site plan.
A. 
The Building Official may suspend or revoke a permit issued by the Bureau or by the Planning Board in the form of a stop-work order if it is found that the applicant has not complied with any or all of the terms of such permit, has exceeded the authority granted in the permit or has failed to undertake the project in the manner set forth in the approved application.
B. 
The applicant shall receive written notice of said stop-work order, which notice shall be delivered personally or by certified mail and addressed to the applicant's address as shown on the permit.
C. 
The Building Official shall set forth in writing its findings and reasons for revoking or suspending a permit pursuant to this section and keep a copy in the permit application file.
No permit shall be valid for more than one year after approval of an application by the approving authority unless otherwise specified by the approving authority. All permits shall expire on completion of the work specified therein and all required placement trees have been planted and/or all fees in lieu of planting have been paid. The validity of any work duly completed pursuant to an existing permit shall not be affected by the expiration of the permit, but such work shall not be continued beyond the expiration date. In the case of tree plantings required in conjunction with subdivision or site plan approval, the applicant may be granted up to one additional one-year extension of approval, as authorized by the Zoning and Land Development Codes.
No permit granted pursuant to this article shall remove an applicant's obligation to comply in all respects with the applicable provisions of any other federal, state or local law or regulation, including but not limited to the securing of any other required permit or approval.
Any site for which an application has been submitted shall be subject to inspection upon notice to the property owner and/or applicant at any reasonable time, including weekends and holidays, by the Building Official or designated representatives. The applicant, by making application for such permit, shall be deemed to have given its consent to such inspection.
A. 
Any person, firm or corporation violating any of the provisions of this article shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not to exceed $1,000 or by imprisonment for a term not exceeding 15 days, or both. Each tree removed, cut down or destroyed in violation of this article and each day such violation continues shall amount to a separate violation.
B. 
In addition to any other penalty, the violator shall be required to replace (in kind) each and every tree removed, cut down or destroyed in violation of this article, or pay a fee in lieu of such on-site replacement, all in accordance with the replacement provisions of § 301-24. No building permit or certificate of occupancy shall be issued for any new construction on the property on which any violation of the article occurred unless and until the provisions of this article have been satisfied.
The Building Official shall enforce this article.