Mayor & Board of Trustees

AGENDA TUESDAY NOVEMBER 28, 2023 BOARD OF TRUSTEES WILLIAM J. VESCIO COMMUNITY CENTER 1 LIBRARY ROAD WORK SESSION – 6:00 PM For those members of the public interested in viewing and/or participating in the meeting remotely, visit https://www.briarcliffmanor.gov/Calendar.aspx?EID=710 1. Review Agenda Items: a. Annual Audit Report for FY 2022-2023 – PKF O’Connor Davies b. Capital Budget Transfers FY 2023-2024 c. Close Out Capital Projects d. Authorize Village Manager to Execute a Settlement Agreement with Verizon e. Creighton Lane Private Sewer Line f. Resolution Regarding the Creation of Friends of Briarcliff Manor Parks and Recreation 2. Discuss: Downtown Mobility Enhancements 3. Discuss: Amendments to Chapter 202, Trees 4. Discuss: Appointments 5. Board of Trustees Concerns 6. Advice of Counsel 1 2 3 4 5 Village of Briarcliff Manor Village of Briarcliff Manor Department of Public Works Main (914) 941-9105 10 Buckhout Road Fax (914) 941-4747 Briarcliff Manor, NY 10510 MEMORANDUM TO: Kathryn Nivins, Village Treasurer Village Manager Josh Ringel, Village Manager FROM: Edward C. Torhan, Superintendent of Public Works DATE: October 10, 2023 RE: Cross Access Project VM-2223-10 On September 5, 2023, the BOT authorized the transfer of $100,000 from H 5110-201-23280 Cross Access – Parking Lot. The purchase order for Jablako Contract will be increased by $100,000 as follows: Item # 203.02 Unclassified Excavation and Disposal 110 CY @ $90/CY = $ 9,900 Item #404.096101 9.5 F3 Top Course Asphalt 350 Tons @ $200/Ton = $ 70,000 Item #404.096101 19 F9 Bind Cover Asphalt 106 Tons @ $190/Ton = $ 20,140 $100,040 The scope of this additional work is as follows: 1141 Pleasantville Road Parking Lot Remove 4 inches of old asphalt and Replace with 2 inches of binder asphalt and 2 inches of top asphalt. Village Hall Cold mill along existing curb lines and Overlay parking lot with 2 inches of top course asphalt. Note: The Cross Access Project VM-2223-10 (electrical) with PRM Electric will also require an additional $15,000 for design Omissions and required field changes. 6  Village of Briarcliff Manor Capital Projects Expenditures As of 11/20/2023 Original Transfers/ Revised Inception Current Year Total Total Exp + Available % GL Account Description Budget Adjustmnts Budget To SOY Expenses Expended Encumbrance Encumbrance Amount Used Executive - H1230 H1230 201 15PEG PEG capital funds 90,720.92 119,872.99 210,593.91 162,209.08 0.00 162,209.08 0.00 162,209.08 48,384.83 77.02% H1230 201 22160 1050 Pleasantville Rd 2,500,000.00 0.00 2,500,000.00 2,162,665.08 222,632.95 2,385,298.03 3,062.05 2,388,360.08 111,639.92 95.53% H1230 201 23130 Traffic Safety Equipment-Gener 15,000.00 0.00 15,000.00 14,233.00 0.00 14,233.00 0.00 14,233.00 767.00 94.89% H1230 201 23160 Village Hall- Various Bldg Imp 40,000.00 -4,904.83 35,095.17 14,299.65 12,440.22 26,739.87 7,500.00 34,239.87 855.30 97.56% H1230 201 23180 Village Desk Phone Upgrade 29,000.00 0.00 29,000.00 0.00 29,072.52 29,072.52 0.00 29,072.52 -72.52 100.25% Total Executive - H1230 2,674,720.92 114,968.16 2,789,689.08 2,353,406.81 264,145.69 2,617,552.50 10,562.05 2,628,114.55 161,574.53 94.21% Village Engineer - H1440 H1440 201 21231 Streetscape Design 11 & 111 71,400.00 616,325.82 687,725.82 296,865.06 4,015.41 300,880.47 79,045.00 379,925.47 307,800.35 55.24% H1440 201 23240 Law Basin Drainage Design 35,700.00 0.00 35,700.00 3,550.00 0.00 3,550.00 0.00 3,550.00 32,150.00 9.94% H1440 201 23280 Cross Access CBD - Parking Lot 408,000.00 100,000.00 508,000.00 33,958.75 213,481.35 247,440.10 184,585.41 432,025.51 75,974.49 85.04% H1440 201 24280 Law Drainage Basin 714,000.00 0.00 714,000.00 0.00 9,371.94 9,371.94 0.00 9,371.94 704,628.06 1.31% H1440 201 24290 Lib Parking Lot-Inc Drp at Crb 40,800.00 -40,000.00 800.00 0.00 537.27 537.27 0.00 537.27 262.73 67.16% Total Village Engineer - H1440 1,269,900.00 676,325.82 1,946,225.82 334,373.81 227,405.97 561,779.78 263,630.41 825,410.19 1,120,815.63 42.41% Buildings - H1620 H1620 201 24131 Security Cameras 28,016.00 0.00 28,016.00 0.00 367.62 367.62 0.00 367.62 27,648.38 1.31% Total Buildings - H1620 28,016.00 0.00 28,016.00 0.00 367.62 367.62 0.00 367.62 27,648.38 1.31% IT Replacement - H1680 H1680 201 22280 VH and CC Communication Lines 51,000.00 0.00 51,000.00 7,241.38 21,453.60 28,694.98 599.24 29,294.22 21,705.78 57.44% H1680 201 22281 VH IT Space Renovation- New Ca 76,500.00 82,576.00 159,076.00 152,578.49 3,010.00 155,588.49 0.00 155,588.49 3,487.51 97.81% H1680 201 22282 IT Upgrades and Replacements 2 24,990.00 -10,938.61 14,051.39 11,744.94 0.00 11,744.94 0.00 11,744.94 2,306.45 83.59% Total IT Replacement - H1680 152,490.00 71,637.39 224,127.39 171,564.81 24,463.60 196,028.41 599.24 196,627.65 27,499.74 87.73% Police Department - H3120 H3120 201 23330 PF License Plate Reader 42,000.00 -7,846.73 34,153.27 31,153.27 3,000.00 34,153.27 0.00 34,153.27 0.00 100.00% Total Police Department - H3120 42,000.00 -7,846.73 34,153.27 31,153.27 3,000.00 34,153.27 0.00 34,153.27 0.00 100.00% 7  Village of Briarcliff Manor Capital Projects Expenditures As of 11/20/2023 Original Transfers/ Revised Inception Current Year Total Total Exp + Available % GL Account Description Budget Adjustmnts Budget To SOY Expenses Expended Encumbrance Encumbrance Amount Used Fire Protection - H3410 H3410 201 19208 Kitchen equipment 50,000.00 51,000.00 101,000.00 89,130.21 0.00 89,130.21 0.00 89,130.21 11,869.79 88.25% H3410 201 20680 FD Capital Reserve 38,836.00 70,012.00 108,848.00 0.00 0.00 0.00 0.00 0.00 108,848.00 0.00% H3410 201 21620 Heavy Rescue Vehicle 2021 10,000.00 958,800.00 968,800.00 954,508.10 8,608.67 963,116.77 0.00 963,116.77 5,683.23 99.41% H3410 201 21680 Turnout Gear 20/21 62,424.00 -347.00 62,077.00 60,880.00 0.00 60,880.00 1,197.00 62,077.00 0.00 100.00% H3410 201 23631 SCBA Pack and Bottle Replaceme 117,300.00 0.00 117,300.00 2,300.00 0.00 2,300.00 0.00 2,300.00 115,000.00 1.96% H3410 201 23670 Epoxy Amb Steps 20,910.00 0.00 20,910.00 18,360.00 0.00 18,360.00 0.00 18,360.00 2,550.00 87.80% H3410 201 24601 Replacement of Utility 62 P/U 89,092.00 0.00 89,092.00 0.00 1,167.45 1,167.45 0.00 1,167.45 87,924.55 1.31% H3410 201 24602 Fire Chief Vehicle 2018 repl 87,210.00 8,550.00 95,760.00 0.00 53,640.72 53,640.72 42,057.53 95,698.25 61.75 99.94% H3410 201 24630 Radio System Replacement 510,000.00 0.00 510,000.00 0.00 6,693.66 6,693.66 175,363.56 182,057.22 327,942.78 35.70% H3410 201 24631 SCBA Pack and Bottle Replaceme 117,300.00 0.00 117,300.00 0.00 1,539.10 1,539.10 0.00 1,539.10 115,760.90 1.31% H3410 201 24683 Cylinder Accountability System 20,400.00 0.00 20,400.00 0.00 266.61 266.61 0.00 266.61 20,133.39 1.31% H3410 201 24684 Turn Out Gear 23/24 67,320.00 0.00 67,320.00 0.00 6,106.68 6,106.68 3,590.00 9,696.68 57,623.32 14.40% Total Fire Protection - H3410 1,190,792.00 1,088,015.00 2,278,807.00 1,125,178.31 78,022.89 1,203,201.20 222,208.09 1,425,409.29 853,397.71 62.55% Ambulance - H4540 H4540 201 24680 AMBULANCE-Turnout Gear + Flack 11,220.00 0.00 11,220.00 0.00 145.42 145.42 0.00 145.42 11,074.58 1.30% Total Ambulance - H4540 11,220.00 0.00 11,220.00 0.00 145.42 145.42 0.00 145.42 11,074.58 1.30% Street Maintenance - H5110 H5110 201 19213 Sidewalks 2020 60,000.00 -48,800.00 11,200.00 5,160.95 0.00 5,160.95 0.00 5,160.95 6,039.05 46.08% H5110 201 23480 Brookwood Dr Culvert 61,200.00 0.00 61,200.00 1,200.00 0.00 1,200.00 0.00 1,200.00 60,000.00 1.96% H5110 201 23481 River Rd Islands and Intersect 61,200.00 114,254.00 175,454.00 21,628.75 0.00 21,628.75 97,058.40 118,687.15 56,766.85 67.65% H5110 201 23482 Annual Drainage 22-23 30,000.00 0.00 30,000.00 9,477.01 0.00 9,477.01 0.00 9,477.01 20,522.99 31.59% H5110 201 23483 Club Walking Trail Project 22,500.00 9,350.00 31,850.00 0.00 0.00 0.00 0.00 0.00 31,850.00 0.00% H5110 201 24421 Mason Dump 2013-Repl 127,500.00 0.00 127,500.00 0.00 1,672.42 1,672.42 103,294.00 104,966.42 22,533.58 82.33% H5110 201 24431 Skid Steer Replacement 71,400.00 0.00 71,400.00 0.00 61,526.19 61,526.19 0.00 61,526.19 9,873.81 86.17% H5110 201 24482 Ride on Mower- repl 2010 20,400.00 0.00 20,400.00 0.00 266.61 266.61 0.00 266.61 20,133.39 1.31% H5110 201 24484 Ride on Mower Rep 2013 20,400.00 0.00 20,400.00 0.00 266.61 266.61 0.00 266.61 20,133.39 1.31% H5110 201 24485 VenTree Side Walk Tractor 40,800.00 0.00 40,800.00 0.00 42,104.07 42,104.07 0.00 42,104.07 -1,304.07 103.20% H5110 201 24491 23/24 Annual Paving 153,000.00 -150,000.00 3,000.00 0.00 2,007.69 2,007.69 0.00 2,007.69 992.31 66.92% Total Street Maintenance - H5110 668,400.00 -75,196.00 593,204.00 37,466.71 107,843.59 145,310.30 200,352.40 345,662.70 247,541.30 58.27% Recreation-Parks & Playgrounds - H7110 H7110 201 22781 Walking Trail - Grant Match 148,002.00 0.00 148,002.00 147,121.00 27,576.14 174,697.14 2,131.80 176,828.94 -28,826.94 119.48% H7110 201 22782 Trails Comfort Sta. + Cmp Tlt 5,000.00 0.00 5,000.00 0.00 0.00 0.00 0.00 0.00 5,000.00 0.00% H7110 201 23460 Youth Center Renovation 51,000.00 30,000.00 81,000.00 52,513.20 29,481.73 81,994.93 0.00 81,994.93 -994.93 101.23% H7110 201 24740 Pool Renovation Design Stage 81,600.00 46,340.00 127,940.00 0.00 1,070.51 1,070.51 0.00 1,070.51 126,869.49 0.84% H7110 201 24780 Tree Remvl & Mntnce- Invtry Mg 40,000.00 0.00 40,000.00 0.00 0.00 0.00 0.00 0.00 40,000.00 0.00% Total Recreation-Parks & Playgrounds - H7110 325,602.00 76,340.00 401,942.00 199,634.20 58,128.38 257,762.58 2,131.80 259,894.38 142,047.62 64.66% 8  Village of Briarcliff Manor Capital Projects Expenditures As of 11/20/2023 Original Transfers/ Revised Inception Current Year Total Total Exp + Available % GL Account Description Budget Adjustmnts Budget To SOY Expenses Expended Encumbrance Encumbrance Amount Used Library Operations - H7410 H7410 201 22860 Library Lighting Upgrade Prj 5,000.00 25,000.00 30,000.00 27,706.26 0.00 27,706.26 0.00 27,706.26 2,293.74 92.35% H7410 203 23AID Various Grant Expenditure 7,000.00 0.00 7,000.00 0.00 0.00 0.00 0.00 0.00 7,000.00 0.00% H7410 400 23AID Various Grant Expenditure 18,000.00 0.00 18,000.00 4,505.83 156.69 4,662.52 0.00 4,662.52 13,337.48 25.90% Total Library Operations - H7410 30,000.00 25,000.00 55,000.00 32,212.09 156.69 32,368.78 0.00 32,368.78 22,631.22 58.85% Total General Capital Projects 6,393,140.92 1,969,243.64 8,362,384.56 4,284,990.01 763,679.85 5,048,669.86 18,841,597.62 5,772,969.32 2,589,415.24 69.03% Water Capital Projects - H8397 H8397 201 17245 Requa/Union Design 25,000.00 300,000.00 325,000.00 325,000.00 0.00 325,000.00 0.00 325,000.00 0.00 100.00% H8397 201 18204 Delaware Water Connect 425,000.00 1,261,810.72 1,686,810.72 2,229,006.90 0.00 2,229,006.90 73,727.16 2,302,734.06 -615,923.34 136.51% H8397 201 21484 Transite Water Pipe 194,937.00 738,887.89 933,824.89 12,620.00 726,267.89 738,887.89 80,825.46 819,713.35 114,111.54 87.78% H8397 201 21531 Long Hill SS Repairs -Design 39,576.00 0.00 39,576.00 19,978.83 0.00 19,978.83 18,487.25 38,466.08 1,109.92 97.20% H8397 201 21532 Pine Rd Pump St/SS Design 39,576.00 0.00 39,576.00 21,519.50 0.00 21,519.50 16,880.50 38,400.00 1,176.00 97.03% H8397 201 22580 Water Main Repl- Albany/Sleepy 50,000.00 1,500.00 51,500.00 13,315.00 0.00 13,315.00 7,000.00 20,315.00 31,185.00 39.45% H8397 201 23431 Kubota-Backhoe Trailer Replc 125,000.00 0.00 125,000.00 0.00 118,832.00 118,832.00 0.00 118,832.00 6,168.00 95.07% H8397 201 23530 Neperhan Rd SCADA ARPA 101,850.00 -41,042.50 60,807.50 2,995.50 57,812.00 60,807.50 0.00 60,807.50 0.00 100.00% H8397 201 24400 WD Utility P/U Foreman 81,600.00 0.00 81,600.00 0.00 1,070.51 1,070.51 89,294.00 90,364.51 -8,764.51 110.74% H8397 201 24401 Utility Body Pick Up Truck Rep 81,600.00 0.00 81,600.00 0.00 1,070.51 1,070.51 89,294.00 90,364.51 -8,764.51 110.74% H8397 201 24486 Tri-Village Tablet Chlorinator 204,000.00 0.00 204,000.00 0.00 8,638.28 8,638.28 179,125.21 187,763.49 16,236.51 92.04% H8397 201 24487 Water Main -Albany Post/SH Rd 127,500.00 0.00 127,500.00 0.00 1,680.46 1,680.46 0.00 1,680.46 125,819.54 1.32% H8397 201 24488 Hydrant Replacement Program 51,000.00 0.00 51,000.00 0.00 670.57 670.57 0.00 670.57 50,329.43 1.31% H8397 201 24489 Water Main Relining - SHCC 25,500.00 0.00 25,500.00 0.00 335.30 335.30 0.00 335.30 25,164.70 1.31% H8397 201 CHAPP Design Work-Chapp Rd/NYS Rt 9 24,000.00 0.00 24,000.00 0.00 0.00 0.00 24,000.00 24,000.00 0.00 100.00% H8397 201 TRIVG Tri-Vill Consolidation-Design 389,900.00 1,073.34 390,973.34 148,289.59 23,300.00 171,589.59 219,383.75 390,973.34 0.00 100.00% Total Water Capital Projects - H8397 1,986,039.00 2,262,229.45 4,248,268.45 2,772,725.32 939,677.52 3,712,402.84 798,017.33 4,510,420.17 -262,151.72 106.17% Total Water Capital Projects 1,986,039.00 2,457,166.45 4,443,205.45 2,772,725.32 939,677.52 3,712,402.84 37,615,362.98 4,510,420.17 -67,214.72 101.51% GRAND TOTAL 8,379,179.92 4,426,410.09 12,805,590.01 7,057,715.33 1,703,357.37 8,761,072.70 56,456,960.60 10,283,389.49 2,522,200.52 80.30% 11/20/2023 3:27:10PM Page 4 of 4 9 Chapter 202 Trees FOR BOT DISCUSSION ONLY 11/11/2023 Chapter 202. Trees Article I Tree Removal and Replacement § 202-1. Legislative intent. A. Trees are necessary to protect the health, safety, environment, ecosystems and general welfare of the inhabitants and properties in the Village of Briarcliff Manor. The Village recognizes that preservation of the environment is the responsibility of each property owner to maximize the ecological benefits to the entire community. Trees provide oxygen, impede soil erosion, aid water absorption and retention, limit potential runoff and flooding, and absorb CO2 and other pollutants and breathable particulate matter; provide shade, screening, privacy, green space and aesthetic appeal; absorb and lessen impacts from winds and can act as natural noise barriers; provide a natural habitat for wildlife; and provide other environmental benefits and generally enhance the quality of life and values of properties within the Village. B. The intent of this chapter is to regulate the quantity, quality, canopy, and distribution of trees within the Village of Briarcliff Manor, as prescribed herein. In implementation thereof, the purpose of this chapter is to enhance the quantity of healthy trees within the community through the establishment of tree replacement standards, to promote the quality and canopy of trees through adoption of technical standards and specifications for species selection and diversity, tree planting, tree maintenance, and tree protection, and to regulate the distribution of trees so that their beneficial functions are maximized for the entire community. § 202-2. Definitions. The following terms shall have the meanings indicated for purposes of this chapter: APPLICANT Any person, corporation, partnership, firm or any other entity making an application pursuant to this chapter. APPROVAL AUTHORITY If tree removal relates to an application which, under the Village Code, is subject to the approval of a Board of the Village, the Approval Authority is the Board having the final approval over such application. Otherwise, the Approval Authority is the Village Arborist, as designated in this chapter. CALIPER The diameter of a tree trunk measured at six inches above the ground for up to and including four-inch diameter size trees and measured at 12 inches above the ground for larger sized trees. Used for nursery stock and newly planted trees, and not for established trees. CANOPY The foliar cover of trees or groups of trees. CANOPY TREE 10 Chapter 202 Trees FOR BOT DISCUSSION ONLY 11/11/2023 A large or medium tree with a crown size and shape that will typically provide significant shade and beneficial effects on temperature, air quality, water quality, and other environmental conditions, at maturity. Synonymous with "shade tree." CERTIFIED ARBORIST An individual who has obtained knowledge and competency through an accredited body, including, but not limited to, the current International Society of Arboriculture arborist certification program, or is a member of the American Society of Consulting Arborists, or a professional forester in the New York State Cooperating Consultant Forester Program, or is a member of the New Jersey Society of Certified Tree Experts, or is a licensed arborist with the State of Connecticut Department of Energy and Environmental Protection. CLEAR CUTTING The injury and/or removal of 33% or more of trees from a property, or ten (10) or more trees with a DBH of four inches or more within any quarter acre (10,000 sq. ft.), without the benefit of a current and valid tree removal permit. For purposes of this calculation, trees located within wetlands, watercourses or adjacent buffer areas, or located within an excessively steep slope, or trees located within ten feet (10’) of any property line, which are injured and/or removed, shall be counted double. COMMERCIAL FACILITY An office building, retail store, warehouse, storage facility, shipping facility, theater, restaurant or any establishment which charges a fee for goods or services. CONSERVATION EASEMENT AREA An encumbrance placed on a portion of a property, in order to protect an associated resource. CONTRACTOR A person, corporation, partnership, firm or entity in possession of a valid home improvement license from the County of Westchester and valid Certificate of Insurance, including proof of liability coverage for personal and property damage and worker's compensation. CRITICAL ROOT ZONE (CRZ) The area containing the minimum root area necessary for maintenance of tree health and stability. The critical root zone for all trees other than trees of significance is a circle with a radial distance of one foot for every one-inch DBH with a minimum of eight feet, and from the surface to a depth of three feet. The critical root zone for a tree of significance is a circle with a radial distance of 1.5 feet for every one-inch DBH, and from the surface to a depth of three feet. A minimum of 75% of the critical root zone must remain undisturbed to provide for the health of the tree, except when a higher percentage is required as determined by a Certified Arborist. CROWN The upper portion of a tree which includes the scaffold limbs, branches, and leaves or needles. DESIGNATED BUFFER AREA An area, shown on an approved plan and designated by a Board of the Village, which is to remain in its natural state and where no disturbance shall occur. DESIGNATED TREE A tree which is specifically required to be planted or preserved in connection with any permit or other approval issued by the Board of Trustees, Building Department, Village Engineer, Planning Board, Zoning Board of Appeals, or any Officer of the Village. DIAMETER AT BREAST HEIGHT (DBH) The diameter of the tree trunk or sum of the trunks, measured at 4.5 feet above natural grade level. The diameter may be calculated by using the following formula: DBH = circumference at 4.5 feet divided by 3.142. DISTURBANCE 11 Chapter 202 Trees FOR BOT DISCUSSION ONLY 11/11/2023 For purposes of this chapter, disturbance shall refer to all the various activities from construction and development that cause injury to trees. DRIP LINE The outermost limit of the canopy of a tree as delineated by the perimeter of its branches and which, when extended perpendicularly to the ground, encloses the tree. EXCESSIVE PRUNING Removing 1/4 (25%) or greater, of the functioning leaf, stem or root area of a tree. FALL ZONE The area around a tree based on the topography, site conditions, wind and other factors that influence the natural direction where the entire tree or pieces of a tree, would land on a property. GIRDLING Any activity that injures the bark of a tree trunk, typically extending around much of the tree's circumference. GRADING The alteration of topography through the removal, movement or addition of soil, fill, or other material. HAZARDOUS TREE A tree identified as structurally defective which posed or poses an imminent risk or increased likelihood that all, or part, of the tree would fail resulting in a risk of personal injury, death or property damage in the fall zone. INJURY Any act which significantly weakens the tree, or its stems, trunk or roots, which may also include, but is not limited to, the following listed acts: excessive pruning; girdling or partial girdling of the tree trunk; excavation, compaction of the roots and/or raising or lowering the existing grade within the critical root zone, or poisoning in any manner (including, but not limited to, the addition of paint, brine, oil, gasoline, toxins, petroleum products, concrete or stucco mix, dirty water, etc., to the ground around a tree within the critical root zone), which list is not exclusive of other acts which may have deleterious effects. INVASIVE SPECIES A nonnative species whose introduction does or is likely to cause economic or environmental harm, or harm to human, animal, or plant health. LARGE CANOPY TREE A tree expected to grow to a minimum of 50 feet in height at maturity, with a canopy spread that consists of at least 1,600 square feet, under urban conditions. LICENSED PROFESSIONAL TREE CARE COMPANY A business which has a current and valid Westchester County Home Improvement license, or is registered with the Tree Care Industry Association (TCIA) or the International Society of Arboriculture (ISA) and employs at least one Certified Arborist, and which carries valid certificates of insurance, including proof of liability coverage for personal and property damage and worker's compensation for work performed. MEDIUM CANOPY TREE A tree expected to grow to a maximum height of between 30 and 50 feet at maturity, with a canopy spread that consists of between 900 and 1,600 square feet, under urban conditions. MID-MATURITY A small canopy tree at 20 years of age; a medium canopy tree at 30 years of age; and a large canopy tree at 40 years of age, as identified within the Village of Briarcliff Manor Replacement Planting List. NATURAL GRADE LEVEL 12 Chapter 202 Trees FOR BOT DISCUSSION ONLY 11/11/2023 The surface of the ground prior to adding or removing soil, fill or other added material, within the critical root zone. PERSON A corporation, partnership, association or other legal entity, as well as an individual. PUBLIC/STREET TREE Any tree growing within the public street right-of-way, outside of private property, and any tree growing within the limits of a Village Park or on Village property. REGULATED TREE Any tree as specified within § 202-4. REPLACEMENT PLANTINGS Trees, shrubs, or other plant material that may be required by the Approval Authority, to mitigate the removal of a tree or trees on a site. ROOT COLLAR The base of a tree where the main roots and trunk meet. Also referred to as the root flare. SCAFFOLD BRANCH A large main branch that forms the main structure of the crown. SHADE TREE See "Canopy Tree." SITE PLAN A drawing or set of drawings (e.g., property survey, plot plan, site plan, grading plan, demolition plan, site improvement plan, utility plan, landscape plan and/or remediation plan) prepared and stamped by a landscape architect, professional engineer or land surveyor licensed in the State of New York, which provides a title, project name, project address, parcel identification number(s) for the project site, and shows existing site conditions and proposed landscape improvements, including trees to be removed (marked with an "X"), relocated and retained, and which shall include the following minimum information: surveyed tree location, species, size, tree identification number, drip line area for all trees on the site (including trees located on any neighboring property which overhang the project site and all public/street trees located within 50 feet of the project site); existing and proposed structures; existing and proposed paving, concrete, trenching or grade change located within any established critical root zone; existing and proposed utility pathways, surface and subsurface drainage and aeration systems, walls, tree wells, retaining walls and grade change barriers, both temporary and permanent; existing and proposed irrigation and lighting within the drip line of trees to be retained and new trees to be planted, including all lines, valves, etc.; location of all proposed tree plantings and other landscaping; any significant features (e.g. wetlands, watercourses, rock outcroppings) located on the project site; details for tree protection and delineation of trees to be protected; a summary table identifying all new plantings to be installed, specifying their species (Latin and common name), caliper size and total quantity. SMALL CANOPY TREE A tree expected to grow to a maximum height of 30 feet at maturity, with a canopy spread that consists of between 400 and 900 square feet, under urban conditions. TOPPING The indiscriminate cutting back of tree branches to stubs or lateral branches that are not large enough to assume the terminal role, which can lead to branch dieback, decay, and unstable sprout production from the cut ends, resulting in a potentially hazardous situation once the sprouts become large and heavy. Other names for topping include "heading," "tipping," "hat- racking," and "rounding over." TREE 13 Chapter 202 Trees FOR BOT DISCUSSION ONLY 11/11/2023 Any self-supporting woody perennial plant of a species, having a main stem or trunk or multiple trunks with many branches, and at maturity normally attaining a DBH of three inches or greater (9.5 inches in circumference) and a height of 15 feet or greater. TREE OF SIGNIFICANCE A tree with unique or noteworthy characteristics or intrinsic value, including, but not limited to, species, age, location, historical significance, ecological value, and/or aesthetics, as determined by the Approval Authority; or, a large canopy tree with a DBH of 36 inches (113 inches in circumference) or more, a medium canopy tree with a DBH of 24 inches (75 inches in circumference) or more, or a small canopy tree with a DBH of 12 inches (37.5 inches in circumference) or more. TREE PROTECTION AND PRESERVATION PLAN A drawing prepared and stamped by a landscape architect, professional engineer or land surveyor licensed in the State of New York, which provides accurate trunk locations, drip line areas, and critical root zones of all trees or groups of trees to be preserved on a project site. In addition, the plan must accurately identify the DBH and correct species of each tree, and clearly indicate the tree protection zone to be enclosed with the specified tree protection fencing as a bold dashed line. TREE PROTECTION ZONE (TPZ) The area of temporary fenced tree enclosure reserved around a tree or group of trees in which no disturbance, grading, access, stockpiling or other deleterious activity shall occur, unless otherwise approved in writing by the Approval Authority. TREE PRUNING The removal or reduction of certain plant parts that are not required or are no longer effective, in order to retain or improve the tree's health, natural habit, balance, stature, value and contribution to the landscape design. TREE REMOVAL PERMIT A permit issued by the Approval Authority under this chapter. TREE TECHNICAL MANUAL A set of guidelines, standards, specifications, and procedures necessary or convenient for implementation of this chapter, as further described herein. TRUNK The main stem of a tree, beginning at the root collar and ending at the lowest main scaffold branch. UNDEVELOPED FORESTED PROPERTY A property on which does not presently exist, or has not existed for any time within the 15 years prior to the submission of a tree removal permit application, a structure, and, on which there is a tree canopy coverage of at least 50%. VILLAGE APPROVED PLANTING LIST A list of trees, shrubs and groundcovers approved and adopted by the Board of Trustees that includes plant species approved for planting in the Village of Briarcliff Manor to satisfy the requirements of this chapter and that which contains information on their characteristics of size, mid-maturity age, canopy spread, form, habit, and growing requirements. VILLAGE ARBORIST The Village Engineer, or an individual, such as a Certified Arborist, who has expertise regarding trees, tree preservation, tree planting, and tree maintenance, appointed by the Village of Briarcliff Manor Board of Trustees to administer and enforce the provisions of this chapter. VILLAGE TREE FUND A fund containing surcharges paid and collected pursuant to the provisions of this chapter, which funds shall be used solely as directed by the Board of Trustees, by resolution, to plant 14 Chapter 202 Trees FOR BOT DISCUSSION ONLY 11/11/2023 trees on public lands or street rights-of-way within the Village under the direction of the Village Arborist; and defer costs to homeowners in removing diseased trees with spreading organisms pursuant to § 202-5. § 202-3. Prohibitions. A. No person shall cut down, remove, perform topping, excessively prune, cause injury to, damage, wound, break, kill, destroy, or commit any act which will lead to the eventual removal of any tree regulated by this chapter, without first obtaining a tree removal permit issued pursuant to this chapter, which permit shall be in force and effect at the time of such tree removal. B. No person shall take any action within the critical root zone which will cause injury to any tree regulated by this chapter, unless written approval is issued by the Approval Authority. C. No person shall fasten or attach to any tree, any sign, poster, bill, notice, advertisement of any kind, birdhouse, clothesline or any other object, in a manner which will damage or cause injury to a tree, in any way. D. No person shall perform clear cutting on any property within the Village, as defined in this chapter. E. No owner, lessee or occupant of any land or any part thereof shall install on any such lot or land any trees, shrubs or bushes which are classified as a prohibited invasive species as defined by the State of New York, the County of Westchester, or as otherwise adopted by the Village of Briarcliff Manor through resolution of the Board of Trustees. F. All work performed subject to the regulations of this chapter shall comply with Chapter 146 Noise; however no powered equipment shall be used to remove or alter any tree, other than those regulated by § 202-6 Hazardous trees, outside the hours of 9am to 6pm, Monday through Friday excluding all national holidays. § 202-4. Regulated activities. A. Unless in possession of a tree removal permit issued pursuant to this chapter, no person shall cut down, remove, perform topping, excessively prune, cause injury to, damage, wound, break, kill, destroy, or commit any act which will lead to the eventual removal of: (1) Any tree that is greater than eight inches in diameter (twenty-five-inch circumference) at breast height (DBH), measured at 4.5 feet above natural grade level. (2) Any tree that is greater than four inches DBH (12.5-inch circumference) within ten feet (10’) of any property line. (3) 15 Chapter 202 Trees FOR BOT DISCUSSION ONLY 11/11/2023 Any tree that is greater than four inches DBH (12.5-inch circumference) within a wetland, watercourse or wetland/watercourse buffer as defined in Chapter 218 Wetlands, or any tree that is greater than six inches in diameter (nineteen-inch circumference) within a steep slope, as defined in Chapter 220-15 Protection of Steep Slopes of the Village of Briarcliff Manor Village Code. (4) Any tree that is greater than six inches DBH located within a New York State Department of Environmental Conservation Critical Environmental Area, and any tree designated by the NYS DEC as a protected native plant. Such list is typically published at https://govt.westlaw.com/nycrr/Document/I21efe775c22211ddb7c8fb397c5bd26b. (5) Any Designated Tree, as defined in § 202-2, which includes, but is not limited to any Tree of Significance; any tree within a designated buffer area or conservation easement area as designated on an approved site plan or subdivision plat; any tree specifically designated to be planted or preserved by the Board of Trustees, the Planning Board, the Zoning Board of Appeals, or the Village Arborist; any tree scheduled for protection, preservation or conservation, as shown on an approved Tree Protection and Preservation Plan; and, any tree planted as part of an approved Landscape Site Plan, or as required in connection with any approved tree removal permit. (6) Any tree growing within the public street right-of-way, on another person’s private property, and any tree growing within the limits of a Village Park or on Village-owned property. § 202-5. Diseased or infected trees. No owner, lessee or occupant of any land or any part thereof shall permit or maintain on any such lot or land any trees, shrubs or bushes or parts thereof which are infected or infested with organisms which cannot be treated by conventional methods utilized by licensed professional tree care companies, therein resulting in the death of such trees, shrubs or bushes, and which organisms are capable of spreading to other private properties or public lands, resulting in death of other trees, shrubs or bushes. It shall be the duty of any such owner, lessee or occupant to destroy and remove all such organisms on written notice from the Village, within a reasonable period of time, even if this requires the removal of said trees, shrubs or bushes. In the event such owner, lessee or occupant does not comply within the time period provided in the notice, the Village shall have the right to cause removal of any such infected or infested trees, shrubs or bushes upon reasonable notice to the owner, and the cost of removal shall be a tax lien on the owner's property until paid. Nothing herein shall eliminate the requirement for a Tree Removal Permit as described in § 202-4. Regulated activities above. § 202-6. Hazardous trees. A. In the event that the Village Arborist receives a hazardous tree removal permit application with appropriate proof related to the condition of a tree or trees, and makes a determination that a regulated tree or trees pose a hazard to life or property, the Village Arborist shall have the right to grant immediate approval for the removal of said tree or trees and to waive all notifications as required under this chapter. In the event that such approval is granted, the Village Arborist will require appropriate remediation in accordance with § 202-8. B. 16 Chapter 202 Trees FOR BOT DISCUSSION ONLY 11/11/2023 A property owner shall be permitted to submit a hazardous tree removal permit application after a regulated tree is removed or cut down when such removal is proven necessary for the immediate protection of public health, safety or property. The following will apply: (1) If a regulated tree is removed or cut down pursuant to this subsection, as soon as practicable and within five business days after such act, the person on whose property the tree is located must submit a hazardous tree removal permit application to the Village Arborist, on forms prescribed by the Village of Briarcliff Manor. (2) The Village Arborist will require photographs, or other appropriate documentation explaining and confirming the nature of the immediate threat. In the event three or more regulated trees have been removed, a tree report from a Certified Arborist may be required in addition to any other required documentation. (3) The Village Arborist will require appropriate remediation in accordance with § 202-8. C. If there is a catastrophic weather event where significant tree damage has occurred, the Village Manager may declare a suspension of the hazardous tree removal permit application, notice and other requirements, as set forth above, for a specified period of duration and within specific neighborhoods. The Village Arborist shall have the authority to require appropriate remediation in accordance with § 202-8. § 202-7. Permit procedure; permit issuance. A. All applications for tree removal permits and hazardous tree removal permits shall be made in writing upon forms prescribed by the Village of Briarcliff Manor. The Approval Authority may require, in addition to the information set forth on the general forms, such further information as it deems pertinent to the individual circumstances. The Approval Authority is not required to process any application unless and until all relevant information has been supplied. B. When any applicant applying for a building permit, subdivision, site plan, special permit, variance(s), stormwater management permit, fill permit or other permit or approval which involves any act regulated under this chapter, the Village Arborist will endeavor to coordinate the time periods under this chapter with the other approvals and permits, to the extent practicable. In the event an application would require deviation from a plan previously approved by a Board of the Village, the Village Arborist will coordinate administrative processing and decision on the tree removal permit application with the appropriate Board, except that the Village Arborist shall be the approval authority with respect to applications to remove trees under § 202-5 or § 202-6. C. At the time a tree removal permit application is submitted, and until a tree removal permit is granted or denied, the trunk of all trees proposed for removal shall be encircled with orange tape or other method of tagging, as authorized by the Approval Authority, at 4.5 feet above the ground. No person shall cut down, remove, perform topping, excessively prune, cause injury to, damage, wound, break, kill, destroy, or commit any act which will lead to the eventual removal of any tree regulated by this chapter, until the administrative process set forth herein is completed, unless specific written approval is provided by the Approval Authority prior to work taking place. 17 Chapter 202 Trees FOR BOT DISCUSSION ONLY 11/11/2023 D. The appropriate Approval Authority may refuse to accept an application until the applicant has complied with each of the requirements set forth in this chapter. E. The Village Arborist shall have up to 10 business days from the conclusion of the written comment period, as detailed in Subsection H below, to grant, grant with conditions or deny the permit application. F. If the Approval Authority is the Board of Trustees, Planning Board, Zoning Board of Appeals: (1) Such Board shall not make a decision on the tree removal permit application until such time as it renders its final approval decision; and (2) Information regarding the tree removal permit application shall be included in any public hearing notification process for that particular application so as to satisfy the notification requirement under this chapter. G. If a tree is located within a designated buffer area or conservation easement area, the tree removal permit application must be submitted to the Board that has jurisdiction over the designated buffer area or conservation easement area, or the area specifically designated to be planted or preserved, unless proof is provided to the satisfaction of the Village Arborist that said tree or trees are diseased, dead, invasive or hazardous to life or property, whereby § 202-5 and § 202-6 shall apply if applicable. H. Upon a determination by the Village Arborist that an application has been submitted in full and does not qualify as a hazardous tree removal permit, the applicant will be required to send a copy of the application, along with a cover letter from the Village Arborist, via U.S. Postal Service regular mail, within five business days following this determination, to all property owners adjoining the perimeter of the site, the owners of property directly across the street from the subject site, and to the Chairperson of the Tree Preservation Board. In the event the subject site is adjoining or across the street from a cooperative or condominium, materials shall be sent to the managing agent. The cover letter prepared by the Village Arborist shall state that all documents filed in connection with the application are available for public inspection at the office of the Village Engineer, and that written comments may be submitted to the Village Arborist within 10 business days of the date of mailing, for consideration prior to the issuance of any final determination on the subject application. The applicant must provide an affidavit of mailing to the Village Arborist evidencing the date the materials were mailed and to whom they were mailed. The Village Arborist will promptly forward a copy of any written comments received to the applicant. I. In all cases, the tree removal permit must be on site during tree removal activities, and until all site work is completed. For projects requiring approval from the Village Building Department, the tree removal permit must remain on site until a Final Certificate of Occupancy or Completion is issued by the Building Department. J. The Approval Authority may grant, grant with conditions, or deny a tree removal permit application based upon the standards set forth in § 202-8, subject to full compliance with the statutes, laws, ordinances, rules and regulations of the Village otherwise affecting the property. Nothing in this chapter 18 Chapter 202 Trees FOR BOT DISCUSSION ONLY 11/11/2023 shall negate a condition of approval by any Board of the Village which requires the replanting of trees as a part of such approval. K. The Approval Authority may impose permit conditions or deny permits for tree removal if the standards set forth in § 202-8 or in the Tree Technical Manual are not met. § 202-8. Standards for permits; replacement of trees. A. In determining whether or not a permit should be granted, and, if granted, whether conditions should be included with the permit, or denied, the Approval Authority shall consider, in order, the following: (1) If there is a need for the action to be taken promptly, in that the tree is a hazard and one or more of the following: (a) Endangering the public or public property. (b) Endangering the owner or property of the owner. (c) Endangering an adjoining property owner or the property of an adjoining property owner. (2) The condition and species of the tree with respect to overall health, disease, insect attack, damage, interference and potential interference with utility services, and proximity to existing trees, existing structures or proposed structures. (3) The environmental impact of the tree removal, including, but not limited to, the effect of the tree removal on erosion, soil moisture retention, steep slopes, flow of surface waters and drainage, CO2 and breathable particulate removal, ecosystems supporting wildlife, or any other environmental factor, and the aesthetic composition of the land and surrounding area. (4) The necessity of the tree removal in order to achieve the applicant's goals, including, but not limited to, whether the location of the tree prevents the property owner from undertaking otherwise proposed construction or alteration (including, but not limited to, teardowns, renovations and/or expansions) and the possible or practicable alternatives to the tree removal, including relocation of improvements. (5) Whether the proposed tree removal will cause injury to, cut, damage, destroy or remove more trees than is reasonably necessary to achieve the goals of the applicant, or is inconsistent with the stated purposes of this chapter and the standards and specifications in this section and in the Village of Briarcliff Manor Tree Technical Manual. (6) Considerations of land use and the general welfare and overall environment of the area. (7) 19 Chapter 202 Trees FOR BOT DISCUSSION ONLY 11/11/2023 The species of the tree and whether any tree in question is a tree worthy of preservation due to unusual characteristics such as age, history, size, rarity, financial value, visual importance to the neighborhood, or its location within a conservation easement area or other protected area. B. The following standards are required to be met in order to grant, or grant with conditions, a tree removal permit for a tree or trees under this chapter: (1) Tree Replacement: (a) Replacement trees shall be planted on site equal to at least 90% of the environmental value of the trees proposed to be removed as per §202-8B(1)(b) below; provided that, if the property is an Undeveloped Forested Property and the permit is sought in connection with a building permit to build a commercial facility or a residence or residences, or in connection with any site plan approval, then the environmental value of the replacement trees planted on site shall be equal to at least 30% of the environmental value of the trees proposed to be removed. (b) The environmental value of removed and replacement trees shall be determined by using the i-Tree methodology on the U.S. Forest Service website, the National Tree Benefit Calculator on the Arbor Day Foundation website, or other methodology selected by the applicant and deemed acceptable by the Village Arborist. In calculating the percentages specified above, the applicant shall take into account the environmental values (gallons of stormwater absorption, and pounds of CO2 removal) of the replacement trees as of when they reach mid-maturity. All new trees to be planted must be selected from the Village Approved Planting List. At least 75% of the replacement trees shall be native trees, as identified in the Village Approved Planting List. The location of the replacement trees shall be satisfactory to the Approval Authority, who shall take into consideration the topography of the site and the potential for stormwater runoff onto other properties and public streets. (c) All replacement trees shall be shown on a landscape plan acceptable to the Approval Authority, which shall consider the total number of trees proposed for removal and other relevant factors such as the topography of the area where trees are proposed for removal. Replacement trees shall be a minimum two-and-one-half-inch-caliper shade tree, a three-and-one-half-inch-caliper or ten-foot tall flowering tree, or an eight-foot tall coniferous (evergreen) tree, unless the Village Arborist or Approval Authority provides a waiver or permits modifications to minimum size standards due to topography or other conditions of the property. If and to the extent the Approval Authority determines that one or more trees required to be planted as replacement trees cannot be planted due to shallow soil conditions on the property, property size or other prohibitive conditions, alternate plantings of shrubs on site satisfactory to the Village Arborist or Approval Authority to fulfill the legislative intent of this chapter may be made. (d) Planting of replacement trees are not required if and to the extent the Approval Authority determines that the removal of trees on a property is required as part of good forestry practice to improve the health of remaining trees. Planting of replacement trees are not required to replace trees removed pursuant to § 202-5. In no event shall any invasive species of trees or plants be planted as a replacement tree. (e) If an applicant has violated this chapter and is seeking a tree removal permit, the replacement tree standard is 120% of the environmental value of the trees cut down, removed, topped, excessively 20 Chapter 202 Trees FOR BOT DISCUSSION ONLY 11/11/2023 pruned, injured, damaged, wounded, broken, killed or destroyed, or, depending on site characteristics, such other percentage deemed acceptable to the Village Arborist. (2) In order to increase the diversity of the age, genera and species in the community tree canopy, consideration shall be given to preserve mature trees and trees of significance, and to plant trees and shrubs on sites where the tree population is predominantly over mature and in the last quarter of its lifecycle. When selecting plant material for a landscape site plan, to achieve a variety of interest in form, color and height, and to reduce the opportunity for a pest or disease outbreak generally associated with the planting of monocultures, the following table shall be utilized: Table 1. Plant Diversity Table for Tree Replacements under this Chapter Number of Plant Materials Min. Number of Genera Max. % of any one Genus 0 to 3 1 100 4 to 6 2 50 7 to 10 3 40 11 to 15 4 33 16 to 20 5 25 21 to 35 6 20 36 to 50 8 20 > 50 10 20 (3) The Village Arborist shall have the authority to waive or permit modifications to the above requirements, based on the characteristics of the subject property and surrounding properties. (4) If a tree to be cut and removed is in excess of 12 inches DBH (37.5 inches in circumference) or 30 feet in height, a Licensed Professional Tree Care Company must be used to perform the cutting and removal. The Village Arborist may waive such requirement in writing if the fall zone is more than 30 feet away from any Village property. Prior to permit issuance, the applicant shall provide the Licensed Professional Tree Care Company's name, address, telephone number, name of job manager, certificate of liability insurance naming "Village of Briarcliff Manor" as additionally insured, and a copy of their New York State Workers Compensation insurance. A contractor may be used where the tree removal is part of an approved permit issued by any Board or Officer of the Village and the contractor is approved for tree removal by the Village Arborist, provided the information outlined above is submitted in full. C. If an applicant proposes the removal of 10 or more trees as part of any application, the Approval Authority is hereby authorized and empowered to obtain the assistance of the Tree Preservation Board or, when necessary, of a professional consultant selected by it, especially qualified by reason of training or experience in tree assessment, valuation, planting, preservation and landscaping or landscape architecture or engineering, at the applicant's expense (and with 10 days prior notice to the applicant), which expense shall be reasonable and customary for such services, in order to fully evaluate a tree removal permit application, and carry out any requirements or conditions of a permit issued under this chapter. 21 Chapter 202 Trees FOR BOT DISCUSSION ONLY 11/11/2023 D. If a tree approved for removal is subject to § 202-4A(2), pertaining to trees within a wetland, watercourse or adjacent buffer area, or within an area with steep slopes of 15% or greater, whatever additional standards are applicable under Chapter 220-15 Protection of steep slopes and/or Chapter 218 Wetlands, as appropriate, to disturbances within such regulated areas, are required to be complied with in order for a tree removal permit to be issued. E. If a tree approved for removal is subject to § 202-4A(3), pertaining to trees designated by the New York State Department of Environmental Conservation as a protected native plant, the environmental value of such tree must be replaced by a native tree or trees and additionally any permit must be subject to any and all approvals required by the New York State Department of Environmental Conservation. F. The property owner shall warrant that all replacement plantings shall survive and be in a healthy state on the fifth anniversary of the date on which the replacement plantings have been provisionally accepted by the Village Arborist, or designee, as complying with the permit conditions. The property owner shall be responsible to promptly replant, during the next April to November growing season, any replacement plantings which did not survive in a healthy state, and the permit conditions shall not be satisfied until such warranty replacement plantings have survived in a healthy state for two years from when the replacement plantings have been provisionally accepted by the Village Arborist. Should the permit holder fail to replace the trees voluntarily, written demand for such replacement within a specified time period, may be issued by the Village Arborist. Should the permit holder fail to replace the trees pursuant to demand, and within the specified period of time, the Village Arborist shall have the right to serve a summons and/or declare the maintenance bond, if any, in default, and apply the escrow cash deposit and/or the proceeds of the bond to replace the required plantings. G. Tree canopy cover in parking lot areas. A minimum of one tree per each 15 parking spaces, planted within a landscaped island, is required in connection with all commercial and multifamily development proposals. Parking areas shall be shaded by medium canopy and large canopy trees as listed in the Village Approved Planting List. Tree canopy cover and trees planted in parking lot areas shall conform to any standards or regulations determined by the Village. H. Streetscape tree requirements. Trees shall be required as part of the streetscape on the private property side of the lot line fronting the roadway, in connection with all commercial developments and all residential developments involving the construction of a new residence. Tree establishment shall be performed in accordance with the standards and specifications set forth in the Village of Briarcliff Manor Tree Technical Manual. I. Landscape design criteria. (1) Landscape Site Plans shall be prepared by a registered landscape architect or appropriate licensed professional, and submitted to the Approval Authority for acceptance prior to a tree removal permit application being reviewed, in connection with all commercial properties, all residential development projects, and when more than 10 trees on any property are proposed for removal. The Village Arborist may waive such site plan requirement, in the event, taking into account all trees removed from such property within the preceding five-year period, the aggregate tree removal proposed is less than 24 inches DBH (75 inches in circumference) and may in other circumstances s/he deems appropriate 22 Chapter 202 Trees FOR BOT DISCUSSION ONLY 11/11/2023 given the health and condition of the tree(s) and the relevant topography, whereby a written letter outlining all proposed landscaping may be submitted in the absence of a landscape site plan. J. All replacement plantings shall be planted and maintained according to the specifications outlined in the Village of Briarcliff Manor Tree Technical Manual (available on the Village website), and shall retain their plant identification tag until a final inspection is conducted by the Village. K. All replacement plantings and associated restoration work must be substantially completed within one year from the date of issuance of the permit, except that the permit may be extended by the Approval Authority, who shall have the discretion to grant such an extension upon the applicant's written request. L. Upon completion of all protection, replanting and restoration work to the satisfaction of the Approval Authority, the performance bond shall be canceled and replaced with a maintenance bond to be approved by the Village Attorney and to run for a term of five full growing seasons. The growing season for Westchester County is April through November. The 10% cash in escrow shall remain on deposit with the Village until the maintenance bond is canceled. If new trees or shrubs planted as part of the restoration work do not survive five full growing seasons, they shall be replaced in-kind, and the term of the maintenance bond shall be extended to run for a term of five full growing seasons from the time any necessary replanting has taken place, to the satisfaction of the Village Arborist. M. After proper installation of new plantings pursuant to this chapter and the standards and specifications outlined in the Village of Briarcliff Manor Tree Technical Manual, removal of all debris from the project site shall occur immediately, so that the property is left in a neat and orderly condition in accordance with good and acceptable planting practices. N. The Board of Trustees may, by resolution, modify any of the requirements of this chapter with respect to trees proposed to be cut or removed by any municipal department of the Village, taking into consideration the standards of this law, and sound municipal forestry practices. § 202-9. Village Arborist duties. A. The Board of Trustees shall appoint a qualified Village Arborist who shall serve at the pleasure of the Board of Trustees to administer and enforce this chapter. The Village Arborist shall: (1) Receive all applications under this chapter, and maintain accurate records of all applications and decisions under this chapter and activities taken by the Village in connection therewith; (2) Prepare and publish forms, guidelines, technical manuals, and removal, planting, maintenance and inspection procedures, necessary or convenient for administering this chapter; (3) Inspect, or cause to be inspected, the trees described in applications and decisions under this chapter, before and after any site work, and before the release of any bond; (4) 23 Chapter 202 Trees FOR BOT DISCUSSION ONLY 11/11/2023 Grant, grant with conditions or deny in writing applications under this chapter in accordance with the standards herein, in those matters where he/she is the designated Approval Authority; (5) Serve as advisor to the Board of Trustees, Planning Board, Zoning Board of Appeals, and Tree Preservation Board with respect to this chapter and enforcement of decisions hereunder; (6) Assist with advising the Board of Trustees on management of trees relating to public safety, including potential loss of power during severe weather events, and, in connection therewith, to hire with Board of Trustees approval, a Certified Arborist to assist him/her in advising the Board of Trustees; (7) Maintain statistics on how many trees are removed and replaced within the Village pursuant to this chapter each calendar year, and report such statistics to the Board of Trustees, Planning Board, Zoning Board of Appeals and Tree Preservation Board; and (8) Carry out any and all related duties with respect to this chapter. B. On or before January 30 each year, the Village Arborist will issue an annual report with respect to the preceding year, to the Board of Trustees on the implementation and administration of this law, including any recommendations for amendments to the law. The annual report will be posted on the Village website. § 202-10. Tree Preservation Board. A. Composition. The Tree Preservation Board shall consist of the five 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 § 202-13, 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. B. Powers and duties. (1) The Tree Preservation Board shall convene as needed to review tree removal applications and shall affirm, modify or reverse permit decisions made by the Building Department or the Village Arborist as quickly as practicable and within thirty (30) days of the request by an aggrieved party, and in accordance with § 202-13. (2) Omitted. 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. (3) The Tree Preservation Board shall act in an advisory capacity to the Board of Trustees and, for any matter related to this chapter, to the Village Arborist and the Planning Board. 24 Chapter 202 Trees FOR BOT DISCUSSION ONLY 11/11/2023 (4) The Tree Preservation Board shall act in an advisory capacity to the Planning Board and the Zoning Board of Appeals, for any application under review, and at any other time when requested by the Chairperson of either 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 Board of Trustees as to desirable legislation concerning the tree program and activities for the Village. (6) The Tree Preservation Board shall prepare and maintain the Village Approved Planting List and assist the Board of Trustees and Village Engineer with the production of the Village of Briarcliff Manor Tree Technical Manual, and any other regulatory guidelines required by this chapter, all of which shall be subject to the approval and acceptance by a resolution of the Board of Trustees. § 202-11. Tree technical manual. A. The Board of Trustees, through the Village Engineer in consultation with the Tree Preservation Board, shall issue additional guidelines, standards, specifications, and procedures necessary or convenient for implementation of this chapter, which shall be known as the Tree Technical Manual. Any such Tree Technical Manual will be made readily available to the public and those performing work with respect to trees in the Village, through the Village's website (www.BriarcliffManor.gov), and shall include, but need not be limited to, standards and specifications regarding: (1) Protection of trees during construction and development; (2) Replacement requirements for trees permitted to be removed pursuant to this chapter; (3) Maintenance of regulated trees (including but not limited to tree pruning, irrigation, and protection from pests and disease); (4) The format and content of tree reports required to be submitted pursuant to this chapter; (5) The criteria for determining whether a tree is hazardous within the meaning of this chapter. B. In the event of any inconsistency between this chapter and the Tree Technical Manual, the provisions of this chapter shall prevail. § 202-12. Permit notification and public hearing requirements. A. 25 Chapter 202 Trees FOR BOT DISCUSSION ONLY 11/11/2023 When the Approval Authority is the Board of Trustees or Planning Board, information regarding the tree removal permit application shall be included in the public hearing notification process for that particular application in order to satisfy the notification requirements under this chapter. B. In addition to § 202-7H, when the Approval Authority is the Village Arborist, a copy of all decisions or determinations made by the Village Arborist to grant a permit with or without conditions pursuant to this chapter, shall be sent by the applicant, via U.S. Postal Service regular mail, within five business days of the date of such decision or determination, to all property owners adjoining the perimeter of the site, those properties directly across the street, and to the Chairperson of the Tree Preservation Board. In the event the subject site is adjoining or across the street from a cooperative or condominium, notice shall be provided to the managing agent. The applicant must provide an affidavit of mailing to the Village Arborist evidencing the date the decision was mailed and to whom it was mailed. No tree removal shall take place until 10 business days after the Village Arborist has confirmed receipt of the evidence of mailing. (1) This notice requirement may be waived by the Village Arborist, in writing, in instances where: (a) There is a need for the action to be taken promptly, in that the tree is a hazardous tree pursuant to § 202-6, and: [1] Endangering the public or public property. [2] Endangering the owner or property of the owner. [3] Endangering an adjoining property owner or the property of an adjoining property owner. (b) The tree trunk is located more than 1.5 times the height of the tree from any property line as shown on a submitted site plan, at the discretion of the Village Arborist, if he or she determines that there will be no or minimal impact on adjacent properties. C. The Village shall not be required to give any notification under this chapter with respect to the removal of any diseased or hazardous public/street tree so designated by a Certified Arborist or with respect to any public/street tree removals which have been part of a public hearing before the Board of Trustees or Planning Board. § 202-13. Fees; permit suspension or revocation; bonds; enforcement; fines. A. Fees for applications under this chapter shall be established from time to time by the Board of Trustees. Fees for applications to remove one or two trees in a calendar year shall be 50% of the otherwise applicable fee. No fee shall be charged in connection with the removal of invasive species of trees. If a consultant is engaged by the Approval Authority as provided for in this chapter, his/her fees and expenses shall be borne by the applicant. No application will be processed without payment of the application fee, and processing will be suspended if the fees and expenses of any such Village consultant are not promptly paid by the applicant. 26 Chapter 202 Trees FOR BOT DISCUSSION ONLY 11/11/2023 B. For applications proposing the removal of 50 or more trees, or, for those in connection with a property consisting of five acres or more in area, in addition to the fees prescribed under Subsection A above, the applicant shall pay a surcharge equal to the greater of, $500 per tree proposed for removal, or 1% of the collected Building Permit application fee, which shall be deposited into the Village Tree Fund. C. The Board of Trustees, Planning Board, Village Arborist, Superintendent of the Department of Public Works, Superintendent of the Department of Parks and Recreation, or designee may, in writing, suspend or revoke a permit or issue a stop-work order if it finds that there is a violation of this chapter; or if the applicant or its representatives or agents has not complied with the terms and conditions of a permit or has exceeded the authority granted in the permit or has provided written information, in whole or in part, which proves to be materially false, deceptive, incomplete or inaccurate. D. When the Approval Authority deems it necessary to ensure the protection of trees scheduled for preservation or conservation, or to ensure the installation of required replacement plantings, the Approval Authority may require that the applicant furnish the Village with a performance bond, cash escrow and/or irrevocable letter of credit from an approved financial institution or surety, to be approved by the Village Attorney, in an amount sufficient to cover 90% of the protection, planting and restoration work to be completed in accordance with the approved plans accompanying all applications. The remaining 10% of the cost of protection, planting and restoration work shall be deposited in a cash escrow account maintained by the Village, and released upon the running of the warranty period and the satisfaction of all of the permit conditions. Under all circumstances, the performance bond, cash escrow, or irrevocable letter of credit obtained by the permit holder, shall continue in full force and effect until there has been full compliance with, and approval of, all restoration work required by the Approval Authority. In the event planting and restoration work has not been substantially completed within one year and no permit extension has been applied for or granted, the Approval Authority shall have the right to consider the permit abandoned and declare the performance bond, cash escrow, or irrevocable letter of credit in default, and may apply the escrow deposit and/or the proceeds of the bond or letter of credit to perform all required planting and restoration work. By accepting a permit, the applicant and property owner thereby agree to this procedure and grant unconditional access to the land for such restoration purposes. E. In addition, a violator will be required to plant, pursuant to the standards in this chapter, replacement tree or trees having an environmental value of 120% for each tree cut down, removed, topped, excessively pruned, injured, damaged, wounded, broken, killed, destroyed, or for any act committed which will lead to the eventual removal of such tree in violation of this chapter, or, depending on site characteristics, such other percentage deemed acceptable to the Village Arborist, which shall be selected from the Village Approved Planting List. In the event a lesser percentage is approved by the Village Arborist, the violator will be subject to a surcharge, in the amount of $500 per each 1% under the 120% environmental value replacement requirement. All collected surcharges will be deposited into the Village Tree Fund. F. This chapter shall be enforced by the Village Arborist; Briarcliff Manor Police Department, Building Inspector, Briarcliff Manor Department of Public Works and Briarcliff Manor Department of Parks and Recreation, as appropriate; and such others as the Board of Trustees may designate. By accepting a permit under this chapter, the property owner consents to entry on its property by the foregoing officials, or designees, for inspection and enforcement purposes. 27 Chapter 202 Trees FOR BOT DISCUSSION ONLY 11/11/2023 G. Any person violating any provision of this chapter shall be guilty of a violation and upon conviction shall be subject to fines per tree as follows by the Village Court, taking into consideration the severity and circumstances of a violation: (1) Trees up to and including eight inches DBH: up to $500. (2) Trees greater than eight inches DBH and up to and including 12 inches DBH: up to $1,500. (3) Trees greater than 12 inches DBH, or trees within ten feet (10’) of a property line: up to $3,000. (4) Public/Street trees, trees within a wetland, watercourse or wetland/watercourse buffer, or in an excessively steep slope: up to $4,000. (5) Trees of Significance: up to $5,000. (6) Designated Trees: up to $5,000. (7) Trees within Conservation Easement Areas or Designated Buffer Areas, or trees designated by the New York State Department of Environmental Conservation as a protected native plant: up to $7,500. (8) Fines per tree shall be doubled in the event that more than five regulated trees on a site are cut down, removed, topped, excessively pruned, injured, damaged, wounded, broken, killed, destroyed, or for any act committed which will lead to the eventual removal of such tree without a permit, or, if clear cutting has been determined to have taken place, or, if any tree is cut down, removed, topped, excessively pruned, injured, damaged, wounded, broken, killed, destroyed, or any act is committed which will lead to the eventual removal of such tree, while an application is pending. Maximum fines will be issued to any repeat offender. H. In addition thereto, any person or entity violating any provision of this chapter may be subject to a civil penalty enforceable and collectible by the Village in the amount of up to $1,000 each day the violation continues for every tree. I. No building permit or other permit or approval may be issued, and if previously issued shall be suspended, until violations under this chapter are resolved and a remediation plan is accepted by the Approval Authority. J. A Licensed Professional Tree Care Company or a contractor hired to remove regulated trees in the Village, must confirm that a valid tree removal permit is in place for each tree to be removed, by contacting the Village Arborist and receiving in return an email providing clearance to proceed. Any Licensed Professional Tree Care Company or contractor who violates any of the provisions of this chapter or which has cut down, removed, topped, excessively pruned, injured, damaged, wounded, broken, killed, destroyed, or has committed any act which will lead to the eventual removal of any tree without a permit will be subject to a fine of up to $5,000 per tree, in addition to any fines levied against 28 Chapter 202 Trees FOR BOT DISCUSSION ONLY 11/11/2023 the property owner. The Village Arborist shall notify Westchester County of the name of any Licensed Professional Tree Care Company or contractor who has violated this ordinance. § 202-14. Appeals. A. Any party aggrieved or affected by the determination of the Village Arborist with respect to an application for a tree removal permit may, within 10 business days of such determination, request an administrative appeal to the Tree Preservation Board, by filing a notice of administrative appeal with the Village Clerk. To perfect the administrative appeal, a statement setting forth the reasons for the appeal must be filed with the Tree Preservation Board within five business days thereafter. The Tree Preservation Board shall conduct a mediation over a forty-five-day period. If mediation is unsuccessful, the Board of Trustees shall conduct a hearing on the appeal within the following 30 calendar days and, shall, based upon the standards contained herein and the facts of the matter, deny, grant or grant with conditions the permit being sought. B. Any determination, decision or order of the Approval Authority may be judicially reviewed by the applicant or any other aggrieved party by the commencement of an action pursuant to Article 78 of the Civil Practice Law and Rules of the State of New York. 29 Chapter 202 Trees FOR BOT DISCUSSION ONLY 11/11/2023 Article II Mandatory Tree Planting Plan (MTPP)i § 202-15. Intent. Statement of purpose. The purpose of this section is to screen and mitigate the view of proposed residential structures and additions from the street and adjoining properties, as appropriate, by requiring a mandatory tree planting plan ("MTPP") as outlined below. No building permit shall be issued prior to the approval of any MTPP required hereunder. § 202.16 Definitions. As used in this section, the following terms shall have the meanings indicated: GROSS FLOOR AREA The total size of all structures on a property, as defined in Chapter 220-2 Definitions. § 202-17. Reviewing Body. A. Applications that Require Only a Building Permit A MTPP must be submitted with the application for any approval for any structure on any lot in a single- family residential district where the resulting gross floor area of all structures will exceed 3,500 square feet. (1) If the proposed gross floor area on the lot will be greater than 3,500 square feet but less than 5,000 square feet, then the MTPP shall be submitted to the Building Department for review and approval. (2) If the proposed gross floor area on the lot will be equal to or greater than 5,000 square feet, then the MTPP shall be submitted to the Planning Board for review and approval. B. Applications that Require Additional Approvals For all other developments requiring a building permit as well as site plan review or a special permit, approval, a MTPP must be submitted to the Planning Board for review and approval. All such review shall include a referral to the Tree Preservation Board for review and comment. § 202-18. Tree Plan requirements. Every MTPP shall meet the following minimum standards: (1) In the case of any freestanding new construction when the total gross floor area on the lot exceeds 3,500 square feet after the new construction, one required tree shall be planted for each 100 square feet of gross floor area or part thereof exceeding 3,500 square feet; provided, however, that even if gross floor area on the lot is less than 3,800 square feet, a minimum of three required trees shall be planted if the total gross floor area on the lot exceeds 3,500 square feet. (2) 30 Chapter 202 Trees FOR BOT DISCUSSION ONLY 11/11/2023 In the case of any addition when the total gross floor area on the lot exceeds 3,500 square feet after the addition, one required tree shall be planted for each 100 square feet of gross floor area or part thereof in the lesser of either (i) the addition or (ii) the total gross floor area on the lot minus 3,500 square feet; provided, however, that even if the square feet of gross floor area in the addition is less than 300 square feet, a minimum of three required trees shall be planted if the total gross floor area on the lot exceeds 3,500 square feet after the addition. A. The MTPP shall be prepared by a registered landscape architect, a registered architect, or a professional engineer Such MTPP shall consist of a Site Plan as defined in this chapter, and any other details that may be requested by the Approval Authority. B. Trees to be planted shall be selected from the Village Approved Planting List and the MTTP shall comply with any standard published in the Village of Briarcliff Manor Tree Technical Manual. C. Newly planted trees shall meet the same requirements for replacement trees as described in § 202-8 Standards for Permits; Replacement of Trees. No separate fees shall be required for any MTTP submitted as part of a building permit or site plan application. D. When construction of any addition or new structure on any lot would result in total gross floor area in excess of 3,500 square feet, a minimum of three new trees shall be planted. A minimum of one additional tree shall be planted for each 100 square feet of gross floor area, or part thereof, exceeding 3,800 square feet. E. In any case where the number of trees required to be planted under this chapter conflicts with any other requirement of the Village code, the more restrictive requirement (the greater number of trees) shall apply. F. In all cases, required trees shall be selected and located to soften and/or mitigate the view of a proposed structure from adjoining streets and properties and, where appropriate, the mix of trees shall include evergreen trees to enhance year-round mitigation. G. The approving authority shall have the discretion to waive or permit modifications to the above requirements, based on the characteristics of the subject property and surrounding properties. The approving authority may also consider a MTPP using alternative sizes, mixes, and numbers of required trees based on the lot and surrounding property's particular conditions, but unless the Approving Authority finds that fewer trees will achieve the purposes of this section, no MTPP using such alternative(s) may be approved unless it is comparable in value to a MTPP calculated for the lot using required trees. § 202-19. MTTP Appeals. A. Any party aggrieved or affected by the determination of the Building Department with respect to a MTTP may, within 10 business days of such determination, request an administrative appeal to the 31 Chapter 202 Trees FOR BOT DISCUSSION ONLY 11/11/2023 Tree Preservation Board, by filing a notice of administrative appeal with the Village Clerk. To perfect the administrative appeal, a statement setting forth the reasons for the appeal must be filed with the Tree Preservation Board within five business days thereafter. The Tree Preservation Board shall conduct a mediation over a forty-five-day period. If mediation is unsuccessful, the Board of Trustees shall conduct a hearing on the appeal within the following 30 calendar days and, shall, based upon the standards contained herein and the facts of the matter, deny, grant, or grant with conditions, the permit being sought. B. Any determination, decision or order of the Approval Authority may be judicially reviewed by the applicant or any other aggrieved party by the commencement of an action pursuant to Article 78 of the Civil Practice Law and Rules of the State of New York. i This entire Article may be unnecessary if § 202-8. Standards for permits; replacement of trees is enacted. 32