[HISTORY: Adopted by the Town Board of the
Town of Ossining 7-11-1995 by L.L. No. 5-1995; amended in its entirety 9-14-2010 by L.L. No.
2-2010. Subsequent amendments noted where applicable.]
This chapter shall be known and may be cited as the "Tree Protection
Law of the Town of Ossining."
A.
The Town Board of the Town of Ossining finds that trees (as defined
below) in the Town are potentially in jeopardy of being destroyed
or damaged by possible uncontrolled and unregulated cutting, regrading,
drainage alteration, construction or other such acts. The trees in
the Town are a valuable natural resource which can serve to benefit
the entire Town and surrounding region by one or more of the following:
(1)
Providing shade and cooling the air, ground and buildings.
(2)
Diffusing glare.
(3)
Reducing soil erosion, especially on steep slopes.
(4)
Absorbing stormwater runoff and reducing the possibility of flooding.
(5)
Providing habitat for wildlife and an ecological niche necessary
for the protection of species.
(6)
Buffering views of development and maintaining the existing character
of the Town.
(7)
Reducing air, soil and water pollution.
(8)
Balancing the oxygen in the air by removing carbon dioxide.
(9)
Reducing wind, resulting in energy efficiency for the heating of
buildings during winter.
(10)
Contributing to the significance of historic buildings, structures
and places in the Town.
(11)
Serving as an amenity that helps to satisfy people's psychological
and aesthetic needs.
(12)
Providing a renewable resource which supplies fuel, building materials
and food.
B.
Protection of trees is a matter of concern to the Town. The establishment
of regulatory and conservation practices for such protection serves
to protect the public health, safety and general welfare by ensuring
review, regulation and inspection of any activity affecting trees
which might adversely affect the health, safety and general welfare.
C.
Trees form part of the community and visual character of the Town
of Ossining.
A.
Tree protection. Pursuant to General Municipal Law § 96-b, it is declared to be the intent of the Town of Ossining to control, protect, conserve and regulate the use of trees within the Town to ensure that the benefits found to be provided by all trees as set forth in § 183-2 hereof will not be lost and to protect the broader public interest.
B.
Landowner protection. These regulations are enacted with the intent
to provide a reasonable balance between the rights of the individual
property owners to the free use of their property and the rights of
present and future generations of Town residents.
C.
Incorporation with other review procedures. It is the intent of this chapter to incorporate the consideration of tree protection into the Town's existing land use development approval procedures and state environmental quality review regulations, as well as other local environmental regulations, where applicable. To the maximum extent possible, the review, hearing and decision upon any permit requested under this chapter shall be coincident with similar procedures that the approval authority (as defined in § 183-4 of this chapter) may undertake in regard to other applications related to this permit application.
As used in this chapter, the following definitions shall have
the meanings indicated:
Any individual, firm, partnership, association, corporation,
company, organization or other legal entity of any kind, excluding
the Town of Ossining and its governmental agencies, who request the
approval authority to issue a permit, or to whom a permit has been
granted under the provisions of this chapter. This chapter shall only
serve as a guide to the Town of Ossining and its governmental agencies.
The Town agency(ies) or public official(s) empowered to administer
the permit procedures of this chapter, as described herein.
The cutting, killing and/ or removal of more than 10 trees
each having a DBH of six inches or greater in a given lot, within
any twelve-month period.
All portions of a tree, excluding the trunk and roots, such
as branches, leaves flowers and other foliage.
Standard measurement of the diameter or caliper of a tree
made at 4 1/2 feet above ground level on the uphill side.
An imaginary, roughly circular line extending from the maximum
spread of the limbs of a tree or shrub to the ground.
Environmental Advisory Committee of the Town of Ossining,
New York.
A species of plant or animal that is not native to the ecosystem
under consideration and whose introduction into the ecosystem causes
or is likely to cause economic or environmental harm or harm to human
health.
Any act which causes or is likely to cause the death of a
healthy tree.
Any separately designated parcel as shown on the Town Tax
Maps.
A tree grown for its aesthetic characteristics, with highly
visible and decorative flowers, foliage color fruit and/or bark.
The Planning Board of the Town of Ossining, New York.
Any land owned by the Town of Ossining or any other governmental
entity, including the right-of-way of an road.
Any tree growing in any public road right-of-way, public
park, public utility right-of-way or in any other public place.
A forester listed on the New York State Department of Environmental
Conservation's approved forester list, a landscape architect licensed
in the State of New York, an arborist certified with the National
Arborists Association or a similarly qualified individual.
Any area of vegetative screening, as established by an approved
site plan, special permit, conditional use permit or subdivision plat
or as measured from each perimeter property line of a residential
property towards the interior of such property as follows:
|
Zoning District
|
Width of Regulated Buffer Zone
(feet)
|
|---|---|
|
R-40 One-Family Residence
|
10
|
|
R-35 One-Family Residence-Office
|
10
|
|
R-30 One-Family Residence
|
10
|
|
R-20 One-Family Residence
|
5
|
|
R-20A One-Family Residence
|
5
|
|
R-15 One-Family Residence
|
5
|
|
R-15X One-Family Residence-Office
|
5
|
|
R-10 One-Family Residence
|
3
|
|
R-7.5 One-Family Residence
|
3
|
|
R-5 One-Family Residence
|
3
|
A tree on the Town's Significant Tree List.
A list maintained by the Town and determined by the Town
Board on the recommendation of the Environmental Advisory Committee
of trees or groves of trees to be significant on the basis of quality,
historical significance or other unique characteristic.
The Town of Ossining, New York.
The Town Board of the Town of Ossining, New York.
For the purposes of this chapter, any living, woody plant with an erect perennial trunk and a definitely formed crown of foliage with a diameter at breast height of six inches or more, unless otherwise specified in § 183-5 of this chapter.
Town-owned lands or Town right-of-way lands to be designated
by resolution of the Town Board as receiver sites for off-site mitigation
plantings to satisfy tree replacement requirements which cannot be
met on site.
[Added 10-3-2017 by L.L.
No. 6-2017]
A fund to be established by and administered in accordance
with a resolution of the Town Board providing for the payment of fees
as mitigation for removal of trees where tree replacement requirements
cannot be met on site.
[Added 10-3-2017 by L.L.
No. 6-2017]
An individual professional or professional company appointed
by the Town Board who shall provide recommendations to the approval
authority on the tree removal permit.
Any act which causes or is likely to cause a tree to die.
This may include, but is not limited to, any damage caused by stripping
the bark from any tree, setting fire to any tree or causing damage
to the roots of any tree.
Any act that removes a tree from its existing location.
Written authorization under this chapter granted by the approval
authority to conduct a regulated activity.
Except as provided in § 183-6, Activities permitted without tree removal permit, it shall be unlawful to conduct, directly or indirectly, any of the following activities in the Town of Ossining unless a permit is obtained pursuant to § 183-8, Permit application process:
A.
Removal of a tree with a DBH of three inches or greater within a
property's regulated buffer zone.
B.
Within or outside of a property's regulated buffer zone, any:
(1)
Removal of an ornamental tree, as defined above, with a DBH of three
inches or greater.
(2)
Removal of a significant tree, or regrading activity or utility excavation
within the dripline of any significant tree.
(3)
Removal of any tree with a DBH of six inches or greater or regrading
activity or utility excavation within the dripline of any tree with
a DBH of six inches or greater.
(4)
Removal of any tree with a DBH of six inches or greater in any common
open space (such as but not limited to a tree in a condominium project),
buffer area, landscaped screening area or conservation area designated
on an approved site plan, special permit or conditional use permit
or on an approved final subdivision plat or construction plan.
The following activities are permitted without a tree removal
permit:
A.
Removal of any tree not regulated in accordance with § 183-5, Regulated activities; tree removal permit required, of this chapter.
B.
Removal of any tree under an actual or ongoing emergency condition
when such immediate tree removal has been determined as being necessary
for the protection and preservation of life or property and there
is no time to wait for the granting of a tree removal permit.
C.
Forest management activities on properties under § 480-a
of the Real Property Tax Law.
D.
Removal of any tree that has been found to be dead, dying, insect-infested
or otherwise hazardous as determined in writing on business letterhead
of a recognized tree expert.
E.
Tree pruning that does not damage the basic nature of the tree and
which does not reduce the size of the tree by more than 1/4.
F.
Removal of any tree listed on the New York State Prohibited or Regulated
Invasive Species List as identified in writing on the business letterhead
of a tree specialist and submitted to the Building Inspector.
[Added 12-15-2015 by L.L.
No. 6-2015]
A.
No person shall fasten or tie any animal to or attach any sign, bill,
card, notice or any advertisement to any tree in any public place
or allow any animal under his/her control to injure any such tree.
B.
No person shall place or maintain on the ground in any public place
any stone, excess soil or other substance in such manner as may obstruct
the free access of air or water to the roots of any tree.
C.
No person shall cause brine, oil, gas, gasoline, liquid dye or any
other substance deleterious to tree life to pass onto or into the
soil about the roots of any tree in any public place.
D.
Trees standing on any lot or land adjacent to any public street or
place and having branches projecting into the public street or place
shall be kept trimmed by the owner or owners or occupant of the property
on which such trees are growing so that the lowest branches shall
not adversely interfere with pedestrian or vehicular traffic.
E.
Any tree which is growing on private property which is endangering
or in any way may endanger the security or usefulness of a public
street, public sewer or other public place shall be considered a public
nuisance.
F.
In the case of trees standing on any lot or land having branches
which project over an adjacent lot, the owner of the adjacent lot
may trim said overhanging branches in order that the branches not
adversely interfere with said adjacent lot, so long as said trimming
does not adversely affect the viability of the tree(s).
The approval authority for all applications shall be the Building
Inspector, except that the Planning Board shall be the approval authority
when processing a site plan or subdivision associated with a tree
removal application. In such cases, the Planning Board's final approval
of the site plan or subdivision application shall be deemed to include
the tree removal permit. The Planning Board shall apply the same criteria
and procedures as set forth herein for tree removal permits granted
by the Building Inspector. If the Planning Board and another board
both have approval authority over portions of an associated pending
application, the Planning Board shall be the approval authority for
the regulated tree removal.
A.
The Town Board shall appoint an individual, professional, or professional
company with knowledge of the planting and maintenance of trees, stress,
sickness and disease to serve as the tree expert for the Town of Ossining.
B.
Upon the request of the Building Inspector or Planning Board the
tree expert shall review the tree permit application and shall give
recommendations to the approving authority on whether the permit should
be accepted altered or denied. The tree expert shall provide said
recommendations within 10 days of the filing of the application for
the permit. One extension of no more than five days may be granted
by the approval authority if requested by the tree expert.
A.
Any person proposing to conduct, either personally or by others,
a regulated tree removal shall file an application for a tree removal
permit with the approval authority as hereafter described. The application
shall include the following information, except that the approval
authority may waive such information as it deems to be not pertinent
or necessary for the proposed activity:
(1)
The name and address of the property owner and applicant, if different.
(2)
The street address and Tax Map designation of the property.
(3)
A statement of authority from the owner of the property for any agent
making an application.
(4)
The total amount of land area involved in the action.
(5)
The number of trees involved.
(6)
The purpose of the permit.
(7)
A survey of that area of trees or forest to be disturbed showing
the location of all trees (to an accuracy of one foot) and indicating
those trees to be removed and those trees to be preserved, their species,
their diameter (DBH) and their health status.
(8)
Specifications for:
(a)
The protection during development of trees to be preserved;
(b)
Grade changes or other work within the dripline of trees to
be preserved;
(c)
The disposal of trees to be removed; and
(d)
The replanting or planting of trees, specifying the location,
species, size and completion date for said planting of trees.
(10)
A statement that the property owner and applicant shall indemnify and hold the Town and its representatives harmless against any damage or injury in accordance with § 183-17, Inspection and indemnification, of this chapter.
(11)
An application fee and inspection fee in amounts as set forth
in a current fee schedule established from time to time by resolution
of the Town Board, unless the applicant for the tree removal permit
is simultaneously applying for a building permit, in which case the
building permit fee(s) shall take the place of the tree removal permit
application fee; the inspection fee shall be required in either case.
B.
If the tree removal involves clear cutting, additional information
may be requested by the approval authority, including but not limited
to:
(1)
A description of the anticipated vegetative cover of the tree removal
area, including dominant species before and after the tree removal.
(2)
The location of the tree removal area in relation to property lines,
roads, buildings and wetlands within 100 feet thereof.
(3)
Additional information as needed or deemed necessary by the approval
authority to evaluate the proposed tree removal in terms of the standards
of this chapter.
C.
All information relating to a tree removal permit application, including
but not limited to the application and additional required materials
or information (if any) shall be maintained on file in the office
of the Town Building and Planning Department.
D.
When the Building Inspector is the approval authority, two copies
of the application information for tree removal permits under this
chapter shall be submitted to the Town Clerk at least 15 days prior
to the proposed tree removal date. When a board is the approval authority,
the number of copies and the submission schedule of the information
shall be the same as for the related application before the board.
The Building Inspector shall receive a copy of all tree removal permit
applications.
E.
The approval authority, upon receipt of an application meeting the
requirements of this chapter for proposed clear cutting or in association
with an application for subdivision or site plan approval, shall refer
such application to the Environmental Advisory Committee for its review
and report. For such referrals, the Environmental Advisory Committee
shall submit a written report for consideration by the approval authority
within 30 days of the received date by the EAC. The approval authority
upon receipt of all other applications meeting the requirements of
this chapter, may refer such applications to the EAC for its review
and report. For such referrals, the Environmental Advisory Committee
shall submit a written report for consideration by the approval authority
within 10 days of the received date by the EAC; one extension of no
more than five days may be granted by the approval authority if requested
by the EAC.
F.
The Building Inspector may refer applications for tree removal permits
which involve clear cutting to the Planning Board for the Board's
advisory opinion. In such cases, the Planning Board may hold a public
hearing on the tree removal permit, and the Planning Board shall in
all cases render its recommendation to the Building Inspector within
35 days of the application being referred by the Building Inspector.
Referring the application to the Planning Board shall extend the Building
Inspector's time frame for rendering a decision on the tree removal
permit by 35 days. Notice of said hearing and of the substance of
the application shall be given by publication in the official newspaper
of the Town at least 10 days before the date of such hearing. In addition
to such published notice, the Planning Board shall cause such notice
to be mailed at least 10 days before the hearing to all owners of
property which lies within 500 feet of any lot line of the property
for which the permit is sought and to such other persons as the Planning
Board may deem advisable. The names of said owners shall be taken
as they appear on the last completed tax roll of the Town. Provided
that due notice shall have been published as above provided and that
there shall have been substantial compliance with the remaining provisions
of this subsection, the failure to give notice in exact conformance
herewith shall not be deemed to invalidate action taken by the Planning
Board in connection with the granting of a permit.
[Amended 12-15-2015 by L.L. No. 5-2015]
G.
Notification of tree removal permit application.
[Added 12-15-2015 by L.L.
No. 5-2015]
(1)
Every applicant that submits an application for a tree removal permit
to the Planning Board must post one or more notification signs on
the property which is the subject of said application within three
days of acceptance of the application by the Planning Board and must
maintain the posted sign(s) place until the Planning Board has rendered
its final decision approving or denying said application. The sign(s)
shall be erected not more than 10 feet from each boundary of the property
that abuts a public road and must be conspicuous to the public. The
bottom edge of each sign so erected shall be positioned no less than
14 inches and no more than 36 inches above the ground. In the event
that the subject property abuts more than one road, additional signs
will be posted facing each road on which the property abuts. If the
sign's visibility is obscured by vegetation, the applicant must cut
the vegetation to a degree sufficient to maintain clear visibility
of the sign from the road. If the property does not abut a public
road, one or more signs shall be posted in Town-approved locations
that can readily be seen by the public. Any sign erected under this
provision must be removed within 10 days after the Planning Board
has rendered its final decision approving or denying said application.
(2)
In the event that an application shall be withdrawn or become inactive,
the applicant shall remove the sign(s) within five business days of
withdrawing the application or of receiving notice from the Planning
Board that the application has been designated inactive. For the purposes
of this section, any application which has not appeared on the Planning
Board's agenda for six or more months shall be designated inactive.
The Planning Board shall notify the applicant in writing that the
application has become inactive and instruct the applicant to remove
the sign(s) until such time as the application shall be reactivated.
Once the application, is reactivated, the sign(s) shall be posted
within three days.
(3)
The Town of Ossining will supply the sign(s), and the initial cost
will be included in the application fee. The applicant will be responsible
for maintaining said sign(s) in good condition so as to be visible
to and readable by the public. The applicant shall be responsible
for replacing any sign(s) that are damaged, destroyed, lost or stolen
during the pendency of the application. A replacement fee will be
charged for each sign that needs to be replaced. The amount of said
replacement fee shall be determined from time to time by the Town
Building Inspector.
(4)
Prior to the commencement of any public hearings or, if no public
hearings are required, prior to the rendering of any decision disposing
of any application, the applicant shall submit a sworn certification
on a form provided by the Town, together with legible photographic
evidence, to verify the placement and maintenance of the required
sign(s). If the certification is not timely submitted, any scheduled
public hearings shall be canceled, subject to rescheduling, and any
dispositive action by the Planning Board shall be deferred until timely
certification is submitted. In the event of repeated or continued
noncompliance with these sign posting and certification requirements,
the application may be dismissed at the discretion of the Planning
Board.
A.
In making its determination to grant, grant with conditions or deny
a tree removal permit under this chapter, the factors to be considered
by the approval authority shall include, but shall not necessarily
be limited to, the following:
(1)
Whether the proposed tree removal is consistent with the purpose and findings of this chapter, as set forth in § 183-2 above.
(2)
Whether the proposed tree removal will have a deleterious effect
on the health, safety or general welfare of the residents of the Town
of Ossining or its neighboring communities.
(3)
The physical condition of the tree(s) proposed for removal (species,
size and health) shall be identified with regard to their relative
value of preservation.
(4)
The effect of disturbance on the existing trees by accepted forest
management practices, including the effect on ecological systems,
erosion and sedimentation potential and the relationship to the surrounding
vegetation and habitat.
(5)
The effect of disturbance or removal of existing vegetation on the
historical context and the scenic resources of the surrounding community.
(6)
The effect of disturbance or removal due to utility placement that
might damage a tree or spoil the symmetry or otherwise mar the appearance
of a tree or trees.
(7)
Whether the proposed action will have adequate safeguards for the
protection and preservation of the environment.
(8)
The possible or practicable alternatives to the tree removal.
B.
Notwithstanding any other factors, the removal of a regulated tree
may be favored by the approval authority if:
(1)
The tree(s) is located near existing or proposed improvements, especially
if:
(a)
The tree(s) is within three feet of an existing or proposed
sidewalk or driveway;
(b)
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;
(c)
The tree(s) is within 10 feet of any other existing or proposed
structure; or
(d)
The proposed subsurface improvement, structure, sidewalk, driveway
or roadway cannot be relocated.
(2)
The tree removal(s) will have a positive effect upon matters, including
but not necessarily limited to:
(3)
The property owner shall replant replacement trees of a similar species
or add other vegetation to offset the negative effects of the tree
removal, based upon an approved graphic plan.
(4)
The tree is an invasive species.
(5)
The presence of the tree would cause hardship or endanger the public
or the property of the owner or of an adjoining owner.
(6)
The tree substantially interferes with a permitted use or the enjoyment
of the property.
(7)
The tree is diseased or threatens the health of other trees.
C.
With consideration of the above factors, the proposed tree removal
may be granted by the approval authority with conditions or denied
if:
(1)
The tree(s) is a significant tree, as defined in this chapter;
(2)
The tree removal(s) will have a significant negative effect upon
things including, but not limited to, the following:
(3)
The tree(s) to be removed is a species listed on the New York State
list of endangered trees or trees of special concern.
D.
Notification of decision.
(1)
In the case where the Building Inspector is the approval authority,
the applicant will be notified of tree removal permit decisions within
15 days of the application being received by the Town. The Building
Inspector may extend this time frame by no more than five days for
good cause.
(2)
In the case where a board is the approval authority, the applicant
shall be notified of the permit decision according to the schedule
set forth for other approvals or permit applications pending before
the board.
Any tree removal permit issued pursuant to this chapter may
be issued with conditions. Such conditions may be attached as the
approval authority deems necessary to ensure compliance with the policies
and provisions of this chapter. The approval authority may, as a condition
of granting a tree removal permit:
A.
Require reasonable improvements, such as relocation of proposed foundation
walls, driveways, surface and subsurface improvements or drainage
systems, to preserve a specific tree or forest area.
B.
Regulate days and hours of the tree removal operation.
C.
Require that each tree to be cut or removed be marked at two points,
one low enough on the stump to be visible after tree removal.
D.
Require such safeguards as appropriate to minimize the environmental
impact of such removal operations.
E.
Require the replanting of an equal or greater number of trees of
the same or similar species as those removed, at the approval authority's
discretion, based on the size and condition of the trees removed,
based upon an approved graphic plan.
F.
The approval authority may require, prior to the commencement of
tree removal authorized under any permit pursuant to this chapter,
that the applicant shall post a bond or other security acceptable
to the approval authority 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 approval authority.
G.
In connection with all subdivision and site plan applications, the
project shall meet the minimum requirement of the replacement of 50%
of the total aggregate diameter of trees proposed for removal with
new trees in accordance with a plan for tree replacement. Tree replacement
shall be required on site unless the approving authority determines
that, because of site constraints, it is impracticable or impossible
to fully meet this mitigation requirement on site. In such case, upon
the establishment of a tree bank and/or a tree bank fund by resolution
of the Town Board, the approving authority may consider the off-site
mitigation of planting in the tree bank or the payment of a fee to
the tree bank fund to satisfy the unmet portion of the tree replacement
requirement. Implementation of any off-site planting plan shall require
prior approval by the Town Board.
[Added 10-3-2017 by L.L.
No. 6-2017]
A.
All persons who remove a tree or cause a tree to be removed with
or without a permit as applicable, shall restore the area by backfilling
all holes and by creating an acceptable grade. After the planting
of trees, removal of all debris in the disturbed area shall be made
immediately. The property where such planting is done must he left
in a neat and orderly condition, in accordance with good and acceptable
planting and tree surgery practices, as may be determined by the approval
authority.
C.
If a public tree is removed, the remover must replace that tree with
at least one of the same or similar species, at the same location
or another location, and of a specific size, all as determined by
the approval authority. The replacement tree(s) shall not be any of
those listed on the New York State Prohibited or Regulated Invasive
Species List.
[Amended 12-15-2015 by L.L. No. 6-2015]
The Environmental Advisory Committee shall compile a proposed
Significant Tree List, as defined in this chapter, upon enactment
of this chapter and through nominations from tree owners, the Town
Historian and other interested parties, for recommendation to the
Town Board as the Town's Significant Tree List.
A.
The approval authority may suspend or revoke a tree removal 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.
B.
The approval authority may also issue a stop-work order to any person
who conducts an activity for which a tree removal permit is required
but has not been obtained.
C.
The approval authority shall set forth in writing its findings and
reasons for revoking or suspending a permit pursuant to this section
and shall keep a copy in the permit application file.
D.
The approval authority shall require the remediation and/or restoration
of any violations of the conditions of the permit.
A.
No tree removal permit shall be valid for more than 120 days after
approval of an application for same by the approval authority, unless
otherwise specified by the approval authority. All permits shall expire
upon completion of the work specified therein. Permits may be renewed
by the approval authority. Standards for issuance of renewals may
be the same as for the issuance of original permits.
B.
A tree removal permit may be issued for related activities taking
place during the period of 120 days following the issuance of said
permit, or as otherwise specified by the approval authority.
No permit granted pursuant to this chapter 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.
Aggrieved applicants may appeal decisions of the approval authority by means of the procedure specified for zoning matters in Chapter 200, Zoning, of the Ossining Town Code.
Any site for which an application has been submitted shall be
subject to inspection upon notice to the property owner and applicant
at any reasonable time, including weekends and holidays, by the approval
authority or its designated representatives. The property owner and
applicant, by making application for a permit, shall be deemed to
have given consent to such inspection. The property owner and applicant
shall indemnify and hold the Town of Ossining harmless against any
damage or injury that may be caused by or arise out of any entry onto
the subject property in connection with the processing of the application,
during tree removal or within one year after the completion of the
work.
A.
Within 30 days after completion of all tree removals authorized under
a tree removal permit issued in accordance with this chapter, the
applicant shall notify the Building Inspector of such completion.
B.
Within 30 days of such notification of completion of work, the Building
Inspector shall inspect the tree removal site for compliance with
all conditions of the tree removal permit.
(1)
When all tree removal(s) authorized under a tree removal permit are
deemed to be completed in an acceptable fashion, the Building Inspector
shall issue a certificate of completion.
(2)
When tree removals authorized under a tree removal permit are deemed
unacceptable, the approval authority shall so notify the applicant.
The notification of the noncompliance shall include a list of all
conditions in violation of the terms of the tree removal permit, shall
specify the required remediation and shall specify a time limit for
the correction of all items so listed.
A.
Any person who violates any provision of this chapter shall be guilty
of an offense punishable by a fine of not more than $1,000. For a
second and subsequent offense within a one-year period, the violator
shall be guilty of a violation punishable by a fine of not more than
$2,000 or a term of imprisonment of not more than 15 days or both.
Each tree removed cut down or destroyed in violation of this chapter
shall amount to a separate offense.
B.
In addition to any other penalty, any person, firm or corporation
or individual connected with such firm or corporation violating any
provision of this chapter shall be subject to a civil penalty enforceable
and collectible by the Town in the amount of $500 for each and every
tree removed, cut down or destroyed in violation of this chapter.
C.
In addition to any other penalty, the violator will be required to
replace, in kind, each and every tree removed, cut down or destroyed
in violation of this chapter. If a tree was so large and mature that
it cannot be replaced, the approval authority may require the planting
of multiple trees instead. If the approval authority determines that
there is not sufficient space on site for the planting of multiple
trees, the approval authority may allow a portion of said trees to
be planted on an alternate site, such a on public property, with the
permission of the Town Board. Minor tree damage shall be repaired
in accordance with accepted tree surgery practices. All trees which
fail to survive for a period of two years following planting shall
be replaced by the violator at no expense to the Town or the owner
of the land, if other than the violator. Said replacement shall be
within 60 days following written demand for such replacement from
the approval authority or within an extended period of time as may
be specified.
D.
No certificate of occupancy shall be issued for any new construction
on the property on which occurred any violation of this chapter unless
and until the provisions of the chapter have been complied with. Further,
any site plan approval, special permit, conditional use permit, subdivision
approval or building permit associated with the violation will be
suspended or revoked until steps taken by the offender meet the satisfaction
of the approval authority. Work may only resume upon the issuance
of a certificate of completion by the Building Inspector.
E.
Any mitigation work must be approved by and performed to the satisfaction
of the approval authority.
The Town Board hereby designates the Building Department with
the responsibility of the enforcement of the rules and regulations
of this chapter.
The provisions of this chapter shall not apply to any land use,
improvement or development for which a valid, existing final approval
shall have been obtained prior to the effective date of this chapter,
from the authority or authorities of the Town of Ossining having jurisdiction
over such land use. As used in this section, the term "final approval"
shall mean:
A.
In the case of the subdivision of land, approval of a final plat
as the term is defined in § 276 of the Town Law.
B.
In the case of a site plan, special permit or conditional use permit
not involving the subdivision of land, approval by the appropriate
board.
C.
In those cases not covered by Subsection A or B above, the issuance of a building permit for the commencement of the use, improvement or development for which such permit was issued or, for those uses, improvements and developments for which the Town of Ossining does not require such permits, the actual commencement of the use, improvement or development of the land.
This chapter may be amended by the Town Board after due notice
and public hearing.
If any clause, sentence, paragraph, section or part of this
chapter shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not affect, impair or invalidate the
remainder thereof but shall be confined in its operation to the clause,
sentence, paragraph, section or part thereof directly involved in
the controversy in which such judgment shall have been rendered.
This chapter shall become effective immediately upon publishing
and posting as required by law.
