Village of Briarcliff Manor, NY Trees

Activities permitted by right:

Removal of any tree not regulated by this chapter.

Removal of any tree under an actual or ongoing emergency condition when such tree removal is necessary for the protection and preservation of life or property.

Removal of two or fewer trees in the regulated setback zone within one calendar year, provided that they are not significant trees.

Removal of a tree that endangers adjoining property, is diseased or threatens health of other trees.

Activities requiring a permit:

"Clearing," as defined in § 202-2 of this chapter.

Commercial timber harvesting.

Removal of a tree with a DBH of seven inches or greater within a property's landscape buffer zone or regulated setback zone, that are in addition to those permitted by right.

Removal of a significant tree or regrading activity or utility excavation with the dripline of a significant tree.

(e)

Removal of any tree with a DBH of four inches or greater on slopes of 15% to 25%, or regrading or utility excavation within the dripline of any tree with a DBH of four inches or greater on slopes of 15% to 25%.

(f)

Removal of any tree within a DBH of seven inches or greater in any buffer area, landscaped screening area or conservation area designated in an approved site plan, special permit, or conditional use permit.

Privately-held undeveloped property.

Tree removal on privately held undeveloped property shall be subject to all provisions as specified in § 202-3A(1) and (2) of this chapter.

Any property owner applying for subdivision approval or site plan approval, whose plans would require the removal of any trees on said property, shall submit a tree protection plan to the Village Planning Board. Any property owner applying for special permit approval, whose plans would require the removal of any trees on said property, shall submit a tree protection plan to the Village Board of Trustees. The Tree Preservation Board shall act in an advisory capacity to the Village Planning Board and Village Board of Trustees on any tree protection plan submitted in connection with subdivisions, site plan or special permit applications.

The tree protection plan shall include:

An inventory of existing trees, showing type, location, size and condition. The inventory shall include all protected and significant trees, groupings of trees deemed significant by the Tree Preservation Board, all trees with a minimum trunk diameter of seven inches and any grouping of five or more trees.

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.

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 all stages of work on the site.

A reforestation plan that shall conform to the following minimum standards:

[1]

Shade and/or decorative trees shall be planted at a minimum ratio of at least one tree per 1,000 square feet of lot area or major fraction thereof. Trees to be planted shall have a minimum DBH of three inches.

[2]

In selecting locations to plant trees, priority should be given to that section of the lot that is within a buffer zone or adjacent to the public place.

[3]

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 significant or protected tree that 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.

(4)

The Planning Board shall require, prior to the commencement of any clearing authorized under a permit pursuant to this chapter, that the applicant shall post a performance bond in an amount and with surety and conditions sufficient to secure compliance with the conditions and limitations set forth in the permit, as shall be determined by the Planning Board.

(5)

The applicant shall be required to pay the cost, if it is necessary, for the Village to retain an arborist to review compliance with the requirements of the tree protection plan.

Publicly-held property.

Trees on Village property are an irreplaceable asset. The impact of their removal shall be considered against the benefits of cleared space for recreational activities and other uses. Therefore, the legislative purpose, intent and regulated activities specified in this chapter shall apply to all tree removal on public property.

The Tree Preservation Board shall be notified of any tree removal on public property that would require a permit on privately-held property [see § 202-3A(1) and (2)] with the exception of public rights-of-way.

Any clear-cutting shall require a review of the Village Planning Board to determine environmental impact. Public hearings shall be held prior to any clearing on public property to determine the impact on neighboring and abutting properties. Notification of such public hearings shall be made in advance by letter to those property owners within 300 feet of the subject property.

§ 202-4 Approving authorities.

Except as otherwise specified, the Building Inspector, subject to review by the Tree Preservation Board, shall have the authority to issue permits for tree cutting and removal, to evaluate and determine the accuracy of the measurements of regulated setback zones; to determine when infractions of this chapter and related regulations and ordinances have occurred; to impose such penalties and mitigating requirements as authorized and to utilize the criminal summons process if necessary, all as prescribed by this and other relevant municipal law.

The Village Planning Board shall be the approving authority for any application that is also the subject of a pending site plan or subdivision application in accordance with the zoning requirements of the Village of Briarcliff Manor. In such cases, the final approval of the Village Planning Board of the site plan or subdivision application shall be deemed to be the tree removal permit or tree protection plan.

The Village Board of Trustees shall be the approving authority for any application that is also the subject of a pending special permit application in accordance with the zoning requirements of the Village of Briarcliff Manor. In such cases, the final approval of the Village Board of Trustees of the special permit application shall be deemed to be the tree removal permit or tree protection plan.

Within five days of receipt of an application, the Building Inspector shall notify the Tree Preservation Board of his or her decision on the permit.

Upon request of the applicant, within five days of the Building Inspector's decision, the Tree Preservation Board shall review permit decisions made by the Building Inspector and shall affirm, modify or reverse the Building Inspector's decision within 10 days of such referral.

Appeal process.

A determination by the approving authority to grant or deny a tree removal permit may be reviewed by the commencement of an action by the applicant or any other aggrieved person pursuant to the provisions of Article 78 of the Civil Practice Law and Rules within 30 days of the filing of such determination with the Village Clerk.

In the event the Building Inspector or the Tree Preservation Board is the approving authority, in the case of an application denied or modified by the approving authority, the applicant may seek review by appealing to the Village Board of Trustees, in which case the Village Board of Trustees shall become the approving authority for such applications. Such review shall be requested not later than 20 days after the filling of the subject decision with the approving authority. The Village Board of Trustees shall give notice to the applicant of the meeting at which the appeal will be considered, which notice shall be delivered personally or by certified mail and addressed to the applicant's address as shown on the application. Such applicant shall be entitled to attend the meeting before the Village Board of Trustees and shall have the opportunity to be heard. In the event that the Village Board of Trustees or the Planning Board is the approving authority, appeals shall be made solely pursuant to § 202-4D(1) above.

§ 202-5 Determination by approving authority.

In making its determination to grant, grant with conditions, or deny a tree removal permit, or to accept or deny a tree protection plan under this chapter, the factors to be considered by the approving authority shall include but shall not necessarily be limited to the following:

Notwithstanding any other factors, the removal of a regulated tree may be favored:

If the tree(s) is located near existing or proposed improvements, especially if:

The tree(s) is within three feet of an existing or proposed sidewalk or driveway.

The tree(s) is within 10 feet of an existing or proposed cesspool, dry well, leaching pit, septic tank or field, or other subsurface improvement.

The tree(s) is within 10 feet of any other existing or proposed structure.

The proposed subsurface improvement, structure, sidewalk, driveway or roadway cannot be relocated.

If the tree removal(s) will have a positive effect upon matters including but not necessarily limited to:

Drainage patterns in the vicinity.

Growth of existing or proposed adjacent vegetation.

Property values and aesthetics of nearby properties and that of the property owner.

Solar access of nearby properties and that of the property owner.

(e)

Wildlife habitat.

If the property owner will replant replacement trees of a similar species or add other vegetation to offset the negative effects of the tree removal.

With consideration of the above factors, the proposed tree removal may be granted with conditions or denied if:

The tree(s) is a significant tree, as defined in this chapter.

The tree removal(s) will have a significant negative effect upon, among other things:

Erosion potential and drainage patterns in the vicinity.

Growth of existing adjacent vegetation.

Property values and aesthetics of nearby properties.

Solar access of nearby properties and that of the property owner.

(e)

Wildlife habitat.

The tree(s) to be removed is a species listed on the New York State list of endangered trees or trees of special concern.

Notification of decision on tree removal permit. The applicant will be notified of tree removal permit decisions within 15 days of the application being received by the Village.

Decision on tree protection plans. The Village Planning Board shall be the approving authority for tree protection plans associated with a site plan or subdivision. In its decision process, the Planning Board shall apply the same criteria and procedures as set forth herein for the tree removal permits as described (see Subsections A and B).

§ 202-6 Permit application process.

Applications for permits shall be made in writing to the Village office upon the forms provided. If, in the judgment of the approving authority, it is unnecessary to retain an arborist to review an application, the application shall not be granted or denied until the applicant has paid the Village Treasurer the cost incurred by the Village for such services. The application shall include:

The name and address of the applicant.

The address and tax map designation of the property on which the subject tree(s) is located.

The purpose of the tree removal.

The method by which it is proposed that the trees be removed.

The name of the individual or entity that will effectuate the removal.

A plan depicting and/or describing the trees to be removed.

A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 184, Article I, Stormwater Management and Erosion and Sediment Control, shall be required for any tree removal permit approval that qualifies as or authorizes a land development activity as defined in Chapter 184, Article I. The SWPPP shall meet the performance and design criteria and standards in Chapter 184, Article I. The approved tree removal permit shall be consistent with the provisions of Chapter 184, Article I.

[Added 12-20-2007 by L.L. No. 9-2007]

§ 202-7 Tree Preservation Board.

[Amended 3-7-2023 by L.L. No. 1-2023]

Composition. The Tree Preservation Board shall consist of the members of the Environmental Advisory Council (EAC) and shall be chaired by the Chairperson of such Council. If a matter is before the Tree Preservation Board for review, as required under § 202-4C, at least three members must be available for such review. If any vacancies exist on the EAC, or if any member is unavailable due to absence or recusal, the Board of Trustees may appoint additional qualified members to the Tree Preservation Board to serve while the application currently before the Board is under review.

Powers and duties.

The Tree Preservation Board shall convene as needed to review tree removal applications and shall affirm, modify or reverse permit decisions made by the Village Engineer or his designee as quickly as practicable and within 30 days of the request by the applicant, and in accordance with § 202-4C.

The Tree Preservation Board shall give notice to the applicant of the meeting at which the permit will be considered, which notice shall be delivered personally or by certified mail and addressed to the applicant's address as shown on the application. Such applicant shall be entitled to attend the meeting before the Tree Preservation Board and shall have the opportunity to be heard.

The Tree Preservation Board shall act in an advisory capacity to the Board of Trustees and, for any regulated activity under § 202-3, Regulated activities, to the Village Engineer and the Planning Board.

(4)

The Tree Preservation Board shall act in an advisory capacity to the Planning Board for any application for special permit, and at any other time when requested by the Chairperson of the Planning Board or a majority of its members.

(5)

The Tree Preservation Board shall assist the properly constituted officials of the Village, as well as the citizens of the Village, in the dissemination of news and information regarding the protection, maintenance, removal and planting of trees on public or private property, and to make such recommendations from time to time to the Village Board as to desirable legislation concerning the tree program and activities for the Village.

§ 202-8 Penalties for offenses; enforcement.

The Building Inspector has the authority to issue appearance tickets at the time and place of the incident.

Any property owner, his or her agents or employees, who violate any provision of this chapter shall be guilty of a violation, punishable by a fine of not more than $350. For a second and each subsequent offense within a one-year period, the violator shall be guilty of a violation punishable by a fine of not more than $700. Any clear-cutting offense will be subject to an additional fine of not more than $5,000. Each violation of the provisions of this chapter shall be a separate and distinct offense. In addition, any offender may be ordered by the Court to replant trees that were improperly removed, insofar as that is possible. The Court shall specify a reasonable time for completion of such restoration, which shall be effected under the supervision of the Tree Preservation Board.

In addition to monetary fines, no site plan approval, building permit or certificate of occupancy shall be granted until measures are taken, to the satisfaction of the approving authority and consistent with the tree protection plan, to replace trees removed.

Due process procedure.

The approving authority may suspend or revoke a permit in the form of a stop-work order if it finds 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.

The applicant shall receive written notice of said stop-work order as soon as reasonably practicable but no later than three days after issuance of the same, which notice shall be delivered personally or by certified mail and addressed to the applicant's address as shown on the permit. Such applicant shall be entitled to a hearing as requested by the applicant, in writing within five days or receipt of notice of the stop-work order, such hearings shall be scheduled by the approving authority within 10 days of receipt of request of a hearing. After the close of the hearing, the approving authority may confirm, modify or cancel the stop-work order.