ARTICLE I
Tree Cutting
§162-1 Purpose.
A.
This Article regulates certain activities in the town
relating to the cutting of trees. The purposes of the Article are to:
(1)
Preserve, protect, conserve and regulate the forests,
woodlands and trees and the benefits derived therefrom.
(2)
Prevent
uncontrolled, widespread cutting of trees.
(3)
Prevent soil erosion.
(4)
Protect wetlands, water bodies and watercourses, air
quality, vegetation, wildlife and fragile natural resources.
(5)
Promote fire protection.
B.
It is the further purpose of these regulations to
preserve the rights of property owners in the Town of Putnam Valley consistent
with the purposes enumerated above.
§162-2
Findings.
A. The Town Board finds that healthy
trees stabilize the soil and control water pollution by preventing soil erosion and flooding, absorb air pollution, provide
oxygen, yield advantageous microclimatic
effects, have an intrinsic aesthetic quality, offer a natural barrier to noise
and a natural habitat for wildlife
and are integrally involved in fundamental ecological systems.
B. The Town Board has reviewed the
experience of past development and land use in the town and, based on that review, finds that excessive cutting of tress can
create surface drainage problems, increase
municipal costs to control drainage, adversely affect air quality, impair the stability and value of nearby properties,
adversely affect fundamental ecological systems and result in unsightly and barren conditions.
§162-3 Definitions.
As used in this
Article, the following terms shall have the meanings indicated:
APPROVING AUTHORITY - The Zoning Board of Appeals, the Planning Board, the Town Board or the Building Inspector, as
specified in Section 162-5 of this Article.
ARBORIST: A person with a bachelor’s degree in plant science
from an accredited college or university who is certified to conduct business
in the State of
CLEAR-CUTTING - Tree-cutting
(as defined herein) of more than 30% of the trees in an area 10,000 sq. ft. or more.
COMMISSION FOR THE CONSERVATION OF THE
ENVIRONMENT - The Commission
for the Conservation of the Environment of the Town of Putnam Valley (CCE hereafter).
FORESTER: A person with a bachelor’s degree in forestry from
an accredited college or university who is certified to conduct business in the
State of
PROTECTED TREE - Atlantic
white cedar (Thuja
occidentalis), flowering
dogwood (Corpus florida), copper beech (Fagus cuprea, or Fagus sylvatica), black walnut (Juglans nigra), mulberry (Morus sp.), Osage-orange (Maclura pomifera), white birch (Betula papyrifera), sugar maple (Acer
saccharum), and wetland trees of the types
listed in §24-0107, Subdivision 1(a) of Article 24 of the New York State
Environmental Conservation Law as currently in effect.
REGULATED ZONE - A
strip of land twenty feet wide measured inward from the property's perimeter at all points.
SPECIMEN TREE - A tree which has a minimum diameter of twelve
(12) inches at a point four and
one-half (4 1/2) feet above the ground level and/or a minimum crown spread of fifteen (15) feet.
TREE - A
woody perennial, either deciduous or coniferous, having a diameter six (6) inches or greater measured four and one half
(4 1/2) feet above ground level.
TREE CUTTING - The
clearing, cutting, uprooting or any similar activity on any tree except normal maintenance such as trimming,
pruning, bracing and selective removal of dead or diseased trees.
WILDLIFE
HABITAT: The arrangement of food, water,
shelter or cover, and space necessary for wildlife existence
§162-4 Regulated activities.
A permit under this Article shall be required
for:
A.
tree-cutting
within the regulated zone of any lot; and
B.
clear-cutting on any lot.
§162-5 Exempt
Activities
A permit under
this Article shall not be required for:
A.
Logging operations for which a special use permit
has been granted by the Planning Board under Chapter 140 (Forestry) of the
B.
Tree cutting on lots for which Certificates of
Occupancy exist for all improvements upon such lot as follows:
(1)
Within fifteen (15) feet of an existing building or
proposed addition and within the footprint of any proposed addition.
(2)
Within five (5) feet of an existing or proposed
subsurface structure such as a septic tank or field, or other subsurface improvement or
within the septic field area as required by the Putnam County Health Department;
(3)
Within three (3) feet of an existing or proposed
sidewalk or driveway or within the area occupied by a proposed driveway or
sidewalk;
§ 162-6
Approving authority.
The approving
authority under this Chapter shall be as follows:
A. The Zoning
Board of Appeals shall be the approving authority with respect to any application
under this Chapter which requires the issuance of any other permit or approval from
the Zoning Board pursuant to the local laws and ordinances of the Town of Putnam Valley.
B. The Planning Board shall be the
approving authority with respect to clear-cutting permit applications and
any permit application under this Chapter which requires the issuance of any
other permit or approval from the Planning Board, or from both the Planning
Board and the Zoning Board pursuant to the local laws and ordinances
of the Town of Putnam Valley.
C. The Town Board shall be the approving
authority with respect to any permit application under this Chapter which
requires the issuance of any other permit or approval from the Town Board pursuant to the local
laws and ordinances of the town of Putnam
Valley including any application which also requires the issuance of any permit
or approval by the Planning Board, the Zoning Board, or both.
D. The Code Enforcement Officer shall be
the approving authority with respect to all other regulated activities under this
Chapter.
§ 162-7 Permit procedures.
A.
Application requirements. An application for a permit
required by this Chapter shall be filed with the approving authority and shall
contain the following information and such other information as required by it,
except when waived by it as not pertinent or necessary for the proposed activity:
(1)
The name, address and phone number of the property owner
and applicant.
(2)
The written consent of the property owner, if the
applicant is not the property owner.
(3)
The
Tax Map designation of the property.
(4)
A plan or plans showing the following: the location of
the property and property boundaries, the location of structures,
driveways and roadways on the property and the location of the proposed tree removal.
(5)
The location of wetlands, water bodies or watercourses
subject to regulation under Chapter 144 of the Putnam Valley Code.
(6)
The location of areas subject to regulation under Chapter
136 of the Putnam Valley Code (Flood Damage Prevention).
(7)
The size, number, location and type of trees to be cut.
(8)
The estimated size, number, location and type of trees
to be saved.
(9)
If tree cutting is proposed to be conducted in stages,
the location of each Stage.
(10) The location
and size of loading areas for the removal of cut trees.
(11) A plan for
tree disposition and clean up.
(12) A statement from the landowner that
each tree to be removed has been designated, with paint or other distinctive
means, at two points so as to be readily visible to the Approving Authority and
the tree remover. One point shall be low
enough on the tree so as to be visible on the stump after the tree is removed.
(13) A statement
that the property owner and applicant (if different) will indemnify and
hold the Town harmless against any damage or claims arising out of the permit's
issuance, including but not limited to the performance of onsite inspection by
the Town.
(14) An explanation as to why a proposed
activity prompting the tree removal application cannot be located on a
different portion of the lot or on another
lot owned and/or controlled by the applicant or owner.
B.
Referral.
(1)
Applications submitted to the Code Enforcement
Officer for the removal of three or fewer trees within the regulated zone
pursuant to this article may be referred to the CCE for review.
(2)
In all other cases, the approving authority shall refer
any application submitted to it pursuant to this Article to the CCE for review
and report. The date of referral
from the approving authority shall be deemed to be the date of the first
regularly scheduled monthly meeting of the CCE after receipt of a complete set
of pertinent materials from the approving authority.
(3)
The CCE shall report back to the approving authority
within ten (10) days of such referral if the approving authority is the Code
Enforcement Officer, within twenty (20) days of referral if the approving
authority is the Zoning Board of Appeals or the Town Board, and within sixty
(60) days of referral if the approving authority is the Planning Board. Failure by the CCE to report back within the
specified time period shall be interpreted by these approving authorities as
indicating no objection to the application.
C.
Notice. Except for applications to the Code Enforcement
Officer for the removal of three or fewer trees within the regulated area,
upon receipt of a completed application under this Article, the approving authority shall
cause notice of receipt of the same to be mailed by first class mail to adjoining property
owners and those across any street adjoining the involved property. For applications to the Code Enforcement
Officer for the removal of four or more trees, such property owners shall
have twenty (20) days from said day of notice to submit written
comment to the approving authority with regard to said application. For
applications to the Zoning Board of Appeals, the Planning Board, or the Town
Board, such property owners shall be able to submit written comments to the
approving party up until such time as the required public hearings are closed
by the approving authority.
D.
Public hearing. Except as otherwise provided herein a
public hearing shall be held by the approving authority on the application made
hereunder at such time or times, under such circumstances and upon such
notice as may be required for the granting of the other permit or approval
required of such approving authority pursuant to the local laws and
ordinances of the Town of Putnam Valley. A public hearing,
though not required, may be held when the approving authority is the Code
Enforcement Officer.
E.
Action by the approving authority. The approving
authority shall review said application to ensure conformity with the
requirements of this Article. A determination shall be made to approve, approve
with modifications or disapprove the issuance of such permit
simultaneously with the determination by the approving authority of
any other permit or approval for which application was made.
§ 162-8
Standards for approval.
In granting,
denying or conditioning any application for a permit required by this Article, the approving
authority shall evaluate the proposed activity, its purpose, and available alternatives, and shall determine that the impact of the proposed activity upon
public health and safety, soil erosion, wildlife habitat, fire
protection, and drainage will not be detrimental and shall be in accordance with the following additional
standards, considerations and conditions:
(1)
Trees shall be felled so that erosion is avoided. All
tree-cutting debris shall be kept at least twenty (20) feet from all public roads and
rights-of-way
(2)
Consideration shall be given to preserving specimen trees
and protected
trees where feasible and practical.
(3)
The approving authority may require the replanting of
trees as a condition of permit approval and may establish standards for such replanting.
§162-9 Permit duration.
A.
Activities specified by the tree-cutting permit shall be
undertaken pursuant to any conditions of same and shall be completed
according to any schedule set forth therein.
B.
A permit shall expire upon completion of the permitted
activity or one year from the permit's issuance, whichever shall first occur.
C.
A permit may be renewed by the approving authority for a
period of up to one (1) year, provided the terms and conditions of same have
been observed and complied with as of the time of renewal.
D.
The approving authority may revoke or suspend a permit
if it finds that the applicant has not complied with any of the conditions or
limitations set forth in the permit.
§ 162-10
Security
In granting a permit,
the approving authority may require a security in an amount and with surety and
conditions satisfactory to it securing to the Town of Putnam Valley compliance
with the conditions and limitations set forth in the permit.
§162-11 Inspection, monitoring, suspension, and revocation.
A. The approving
authority and CCE may inspect or cause to be inspected by its
representative activities undertaken pursuant to a permit so as to ensure
satisfactory compliance with its terms and conditions.
B. The approving
authority may require that the activities undertaken pursuant to a permit be
monitored and/or supervised by an appropriate licensed professional, including
but not limited to the provision of written status reports at specified intervals with
respect to the activities undertaken pursuant to the permit.
C. The approving authority may suspend
or revoke a permit issued pursuant to this
Article if any condition of such permit has been violated or if the scope of activities
authorized by the permit has been exceeded.
§ 162-12 Penalties for offenses.
A.
Any person who violates any provision of this Chapter
shall be liable to the people of the Town of Putnam Valley for a civil penalty
not to exceed one thousand five hundred dollars ($1,500) for every
such violation. Each week's continuation of a condition violating this Article
shall be deemed a separate violation.
B.
In addition to the above civil fine, any person who
violates any provision of this Chapter shall be guilty of a violation pursuant
to the Penal Law, punishable by a fine of not less than five hundred dollars
($500) nor more than one thousand dollars ($1,000). For a second and
each subsequent offense, the violator shall be guilty of a misdemeanor,
punishable by a fine of not less than one thousand dollars ($1,000) or
more than two thousand dollars ($2,000) or a term of imprisonment up to fifteen
(15) days, or both. Each offense shall be a separate and distinct offense, and,
in the case of a continuing offense, each day's continuance thereof shall be deemed
a separate and distinct offense.
C.
In addition to the above civil and criminal penalties,
the Town Board shall have the right to seek equitable relief to restrain and/or
remedy any violation of any provisions of this Chapter.
D.
The Code Enforcement Officer shall have the power to
direct a violator to cease violation of this Article and, with the
consultation of the CCE, satisfactorily restore the affected area insofar as
that is possible. The exercise of such power may be with or without the
imposition of a civil penalty and/or fine under Subsections A and B of this section.
E.
In
addition to the remedies specified above, no building permit, temporary certificate of occupancy, or permanent
certificate of occupancy shall issue to any lot for which a Notice of
Violation has issued pursuant to Sub-paragraph (D) hereof, until such violation has been remedied to the satisfaction
of the Approving Authority, or until
such Notice of Violation has been dismissed by a Court of competent jurisdiction.
§162-13 Severability
Should any
individual section, paragraph, subdivision, clause or provision of this Local
Law be adjudged invalid, such judgment shall apply only to such section,
paragraph, subdivision,
clause or provision so adjudged and shall not affect, impair or invalidate any other part or portion of this Local Law
Section 2. This
local law shall take effect immediately upon filing with the Secretary of State.