*CANCELLED* Environmental Advisory Council

VILLAGE OF OSSINING Planning Department Zoom 101 Route 9A, Ossining, N.Y. 10562 Tel: (914)762-6232 www.villageofossining.org ENVIRONMENTAL ADVISORY COUNCIL AGENDA HELD VIA VIDEO CONFERENCE https://us02web.zoom.us/j/87974115876 or Dial-in by phone: 1+(929)205-6099 Webinar ID: 976 8984 1836 Tuesday, December 3, 2024 7:00 PM PLEASE TAKE NOTICE: The Environmental Advisory Council meeting will be conducted remotely. There will be no in-person meeting. The Board will use Zoom, a web-based video conferencing service, to conduct the meeting. The public will have an opportunity to see and hear the meeting live and provide comments during the appropriate time. Comments can also be emailed before and during the public hearing to Plan@villageofossining.org. The meeting will be recorded and a transcript of the meeting will be available at a later date. __________________________________________________________________________ I. CONTINUING BUSINESS OF THE BOARD A. Tree Preservation Ordinance Local Law -2024 (Trees Chapter 248) Revised 11-01-24 II. NEW BUSINESS OF THE BOARD III. ADDITIONAL BUSINESS OF THE BOARD Environmental Advisory Council December 3, 2024 Page 1 of 12 Agenda Item #A. Local Law -2024 A local law amending chapter 248 (Trees) of the Village of Ossining Code. BE IT ENACTED by the Board of Trustees of the Village of Ossining as follows: Section 1. Chapter 248 (Trees) is amended with new matter underlined and deleted matter in [brackets]. § 248-1. Legislative intent. There is a direct relationship between the number of trees planted in a community and the health, safety and welfare of that community. Trees provide shade, add color, control water and air pollution, stabilize the soil, prevent erosion and flooding, reduce air pollution, temper noise and add aesthetic and historic values. The trees in the Village of Ossining are a valuable resource which serve to benefit the entire village and surrounding area through one or more of the following: • Providing shade and cooling the air, ground, and buildings. • Diffusing glare. • Reducing soil erosion, especially on steep slopes. • Absorbing runoff from stormwater and reducing the possibility of flooding. • Providing habitat for wildlife and an ecological niche necessary for the protection of species. • Buffering view of development and maintaining the existing character of the village. • Reducing air, soil, and water pollution. • Balancing the oxygen in the air by reducing carbon dioxide. • Reducing wind, resulting in energy efficiency for the heating of buildings during winter. • Contributing to the significance of historic buildings, structures, and places in the village. • Providing satisfaction for an individual’s psychological and aesthetic needs. • Providing a renewable resource which supplies fuel, building materials and food. Indiscriminate or unnecessary destruction of trees causes deprivation of these benefits. Furthermore, the destruction of trees causes increased municipal costs for proper drainage control and impairs the benefits of occupancy of existing residential properties. In order to provide protection against the indiscriminate destruction of trees, this document establishes minimum standards for tree protection. § 248-2. Statutory authority. The Village of Ossining, furthermore, takes note of the findings of the New York State Environmental Quality Review Act,1 among them being the obligation of the Village to serve as a steward of air, water, land and living resources and the obligation to protect the environment for the use of this and future 1. Editor's Note: See Article 8 of the Environmental Conservation Law. Page 2 of 12 Agenda Item #A. generations. It is the intent of the Village to recognize these responsibilities in part by providing these procedures as well as to preserve the health and welfare and character of the community. § 248-3. Definitions. As used in this chapter, the following terms shall have the meanings indicated: APPROVING AUTHORITY Any person or group of people defined in this chapter who shall have jurisdiction over the issuance or denial of a tree removal permit. CLEAR-CUTTING [Removal of 10 trees on one acre of land with a six-inch DBH or greater or any proportion of 10 trees on one acre, depending on the lot size, rounded up to the nearest whole number within any twelve- month period.] Removal of five or more trees with a six-inch DBH or greater on any given lot within a twelve-month period. CROWN All portions of a tree, excluding the trunk and roots, such as branches, leaves, flowers and other foliage. DAMAGE TO A TREE Any action that results in the removal of more than twenty-five per cent of the tree’s canopy or otherwise damages the tree’s structure. DIAMETER AT BREAST HEIGHT (DBH) The diameter of a tree measured at a point [4 ½] four and one-half feet above the ground. PERSON An individual, corporation, limited liability company, partnership, limited partnership, business trust, estate, trust, association or any other legal or commercial entity of any kind or description. PUBLIC PLACES Any land owned by the Village of Ossining or any other governmental entity, including the right-of- way of any road. SIGNIFICANT TREE A list of trees or groves of trees determined by the Village Board on the recommendation of the Environmental Advisory Council to be significant on the basis of specimen quality, historical significance or other unique characteristic and which designation has been consented by the property owner. TREE Any woody plant having at least one well-defined trunk with at least a DBH of four inches and having a clearly defined crown. TREE BANK Village-owned lands or village right-of-way lands designated by resolution of the Board of Trustees as receiver sites for off-site mitigation plantings to satisfy tree replacement requirements which cannot be met on site. TREE BANK FUND A fund to be established by and administered in accordance with a Board of Trustees’ resolution Page 3 of 12 Agenda Item #A. providing for the payment of fees as mitigation for removal of trees where tree replacement requirements cannot be met on site. TREE REMOVAL Any act which will cause a tree to die within a one-year period. TREE REMOVAL PERMIT Written authorization pursuant to this chapter to remove, alter, cut or otherwise destroy or injure a tree. TREE WARDEN Individual professional or professional company appointed by the Village of Ossining Board of Trustees [for a term of two years with the possibility to renew the term] who shall provide recommendations to the approving authority on the tree removal permit application. § 248-4. Administration. A. Trees on public property. (1) The Village Engineer shall have approving authority and supervision over all trees planted or growing within the lines of all public streets and places in the Village except as otherwise provided herein, and the planting, removal, care, maintenance and protection thereof pursuant to the provisions of this chapter. The Department of Public Works shall have the right to trim, spray, preserve and plant such trees as may be necessary to preserve health, appearance and symmetry. This shall also cause from time to time the removal of any tree or part thereof which is in an unsafe condition or which, by reason of its nature, is injurious to sewers or other public improvements or is infected with any injurious fungus, insect or other pest. (2) The Superintendent of Parks and Recreation shall have similar authority as stated above in connection with all Village parklands and Village property used for park purposes. B. Trees on private property. (1) Notwithstanding any other provision of [this document] in this chapter, any property owner applying for site plan or subdivision approval [which would require] requiring the removal of any trees on said property shall make an application to the Planning Board of the Village of Ossining, which shall have sole jurisdiction regarding the proposed removal of such trees. The Planning Board is the approving authority and may grant or deny such application on such terms and conditions as it may prescribe. (2) Notwithstanding any other provision of this chapter, any property owner applying for a tree removal permit or building permit not subject to the provisions of Subsection B(1), which would require the removal of any tree(s) on said property shall make application to the Building Inspector [or Director of Code Enforcement], who [are] is the approving [authorities] authority and shall have sole jurisdiction regarding the proposed removal of such trees. The Building Inspector [or Director of Code Enforcement] may grant or deny such application on such terms and conditions as he/she may prescribe, including but not limited to the planting of new trees or other forms of landscaping. § 248-5. Enforcement. The Board of Trustees hereby designates the Building Department with the responsibility of [Code Page 4 of 12 Agenda Item #A. Enforcement] enforcing [of the rules and regulations of] this chapter. § 248-6. Tree Warden. A. The Board of Trustees shall select an individual[, professional,] or professional company with knowledge of the planting and maintenance of trees, stress, sickness and disease to serve as the Tree Warden for the Village of Ossining. B. The Tree Warden will [inspect] review all tree [permits] permit applications and give recommendations to the approving authority on whether the permit should be [accepted, altered,] granted, granted with conditions or denied. If no recommendation is given to the approving authority within [20] twenty days of the filing of [the] a complete permit application, the approving authority will assume that the Tree Warden is recommending [acceptance] granting of the tree removal permit. Extensions may be granted if requested by the Tree Warden. § 248-7. Regulated activities; tree removal permit required. Except as provided in § 248-8, Activities permitted without tree removal permit, no person[, firm, corporation, or individual connected with such firm or corporation] shall conduct, directly or indirectly, any of the following activities in the Village of Ossining unless a permit is obtained pursuant to § 248-14, Permit procedures: A. Removal, as defined in § 248-3, of any tree in any public place or attaching or fixing any wire, or electrical device, or causing any conductor charged with electricity to come in contact with any such tree on public land unless it is addressed by the appropriate approving authority as may be necessary to maintain a Village, county, state, or utility right-of-way or as control measures to fight forest or other fires. B. The removal, killing, or otherwise destroying or committing any act which will lead to the destruction of any tree with a DBH of 10 inches or greater on any private property. C. Clear-cutting as defined in § 248-3 herein. D. Removal of any tree with a DBH of six inches or greater [on slopes over 25% or on any privately owned unimproved lot.] or regrading activity or utility excavation within the dripline of any tree with a DBH of ten inches or greater. E. Removal of trees in wetlands or in a wetlands buffer area as defined in section 149-2B. Removal of more than three regulated trees in any wetland, watercourse, water body or buffer area requires a Wetland permit pursuant to Chapter 149. F. Removal of any significant tree[.], or regrading activity or utility excavation within the dripline of any significant tree. G. Removal of any tree, with a DBH of ten inches or greater, listed on the New York State Prohibited or Regulated Invasive Species List as identified on the business letterhead of a licensed tree service contractor and submitted to the Building Inspector. § 248-8. Activities permitted without tree removal permit. A. Removal of any tree not regulated in accordance with § 248-7, Regulated activities; tree removal Page 5 of 12 Agenda Item #A. permit required, of this chapter. B. Removal of any tree under an actual or ongoing emergency condition when such immediate tree removal is necessary for the protection and preservation of life or property and there is no time to wait for the granting of a tree removal permit. (1) Notice of Emergency Removal shall be filed with the Building Department within thirty days of removal. The notice shall include a certification by a certified arborist explaining the need for the emergency removal. The Building Inspector or designee may require additional documents regarding the emergency removal. C. In the case of any tree standing on any lot or land with branches projecting over an adjacent lot, the owner of the adjacent lot may trim such overhanging branches up to the property line of the lot where the tree stands so long as the trimming does not cause damage to the tree. D. Removal of any tree that is found to be dead, dying, insect-infested or otherwise hazardous as certified in writing by the Tree Warden. E. Removal of any tree, with a DBH under six inches listed on the New York State Prohibited or Regulated Invasive Species List as identified in writing on the business letterhead of a licensed tree service contractor submitted to the Building Inspector. F. Forest management activities on properties under § 480-a of the Real Property Tax Law. G. Tree pruning that does not damage the tree. § 248-9. Significant Tree List. The Environmental Advisory Council shall [begin compiling] compile the Village's Significant Tree List as defined in § 248-3 [upon enactment of this chapter and] through nominations from tree owners, the Ossining Historical Society and other interested parties for recommendation to the [Village] Board of Trustees for inclusion on the Village's Significant Tree List. § 248-10. Fastening animals or attaching signs to trees. No person shall fasten or tie any animal to or attach any sign, bill, card, notice or any advertisement to any tree in any public place or allow any animal under his/her control to injure any such tree. § 248-11. Obstructing nutrients from roots. No person shall place or maintain on the ground in any public place any stone, excess soil or other substance in such manner as may obstruct the free access of air or water to the roots of any tree. § 248-12. Depositing deleterious substances near trees. No person shall cause brine, oil, gas, gasoline, liquid dye or other substance deleterious to tree life to pass onto or into the soil about the roots of any tree in any public place. § 248-13. Trimming of trees. A. Trees standing on any lot or land adjacent to any public street or place and having branches projecting into the public street or place shall be kept trimmed by the owner or owners or occupant of the property on which such trees are growing so that the lowest branches shall not adversely interfere Page 6 of 12 Agenda Item #A. with pedestrian or vehicular traffic. B. Any tree [which is] growing on private property which [is endangering] endangers or in any way may endanger the security or usefulness of a public street, public sewer or other public place shall be considered a public nuisance. § 248-14. Permit procedures. A. The application shall include the following information: (1) The name and address of the property owner and applicant, if different. (2) The street address and Tax Map designation of the property. (3) A statement of authority from the owner of the property for any agent making an application. (4) The total amount of land area involved in the action. (5) The number of trees involved. (6) The purpose of the permit[.], including an explanation from either the property owner or licensed tree service contractor why the tree(s) should be removed. (7) Identify the physical condition of the tree(s) (species, size and health) proposed for removal with regard to the trees’ relative value of preservation. (8) A survey of [that] the area of trees or forest to be disturbed showing the location of all trees (to an accuracy of one foot) and indicating those trees to be removed and those trees to be preserved, their species and their diameter (DBH). (9) Specifications for the protection of trees during development, redevelopment, renovation or razing; grade changes or other work within the tree's dripline; disposal of trees to be removed and replanting or planting, specifying the location, species, size and completion date for seasonal planting of trees. (10) Where no site plan, special permit, conditional use permit, subdivision or other related permit is involved, Subsection A([7]8) and ([8]9) above may be waived, and a simple sketch drawn by the applicant may, at the approval authority's discretion, be substituted. (11) A statement that the property owner and applicant will indemnify and hold the Village and its representatives harmless against any damage or injury in accordance with § 248-[15] 19, Inspection and indemnification, of this chapter. (12) A permit application fee and inspection fee in amounts as set forth in a fee schedule established from time to time by resolution of the [Village] Board of Trustees, unless the applicant for the tree removal permit is simultaneously applying for a building permit or Planning Board approval, in which case the permit or application fee(s) shall take the place of the tree permit fee but not the inspection fee. B. All information relating to a tree removal permit application, including any additional required materials shall be maintained by the village’s Building Department and, where applicable, Planning Department. C. [Permits for the removal of trees may be granted under the following circumstances:]Determination by approving authority. In making the determination to grant, grant with conditions, or deny a tree removal permit under this chapter, the factors to be considered by the approving authority shall include, but not be limited to the following: Page 7 of 12 Agenda Item #A. (1) If the presence of the tree would cause hardship or endanger the public or the property of the owner or of an adjoining owner. (2) [If the tree substantially interferes with a permitted use of the property and the removal of the tree(s) shall be performed in a selective manner.] If the tree is diseased or threatens the health of other trees. (3) Whether the proposed tree removal will have a deleterious effect on the health, safety or general welfare of the residents of the Village of Ossining or neighboring communities. (4) The effect of disturbance on the existing trees nearby, including the effect on ecological systems, erosion and sedimentation potential and the relationship to the surrounding vegetation and habitat. (5) The effect of disturbance or removal of existing vegetation on the historical context and the scenic resources of the surrounding communities. (6) The effect of disturbance or removal due to utility placement that might damage a tree or spoil the symmetry or otherwise mar the appearance of the tree(s). (7) Whether the proposed action will have adequate safeguards for the protection and preservation of the environment. (8) The possible or practical alternatives to the tree removal. D. Notification of decision. Where the Building Inspector is the approving authority, the applicant will be notified of tree removal permit application decisions in writing within fifteen days of the receipt of a complete application by the Building Department. The Building Inspector may extend the time for a permit decision by no more than five days for good cause. Where the Planning Board is the approving authority, a written resolution will be issued with the board’s decision. § 248-15 Approving Authority. A. If the tree removal involves clear cutting, additional information may be requested by the approving authority including but not limited to: (1) A description of the anticipated vegetative cover of the tree removal area, including dominant species before and after the tree removal. (2) Property lines, roads, buildings, wetlands and wetland buffer areas within 100 feet of the tree removal area. (3) Additional information necessary to evaluate the proposed tree removal pursuant to the standards of this chapter. B. For all tree removal permits not associated with a site plan or subdivision application, including clear cutting, the Building Inspector shall be the approving authority. (1) Upon receipt of a complete application for a tree removal permit, except as noted in B(2) below, the Building Inspector may refer the application to the Environmental Advisory Council for a recommendation. (2) All tree removal applications calling for clear cutting shall be referred by the Building Inspector to the Environmental Advisory Council for its report and recommendation. (3) The Environmental Advisory Council shall submit a written recommendation to the Building Page 8 of 12 Agenda Item #A. Inspector within thirty-five days of the referral. C. The Planning Board shall be the approving authority for tree removal permit applications required for site plan and subdivision applications. Upon receipt of a complete application meeting the requirements of this chapter in association with an application for site plan or subdivision approval, the Planning Board shall refer the tree removal permit application to the Environmental Advisory Council for its report and recommendation. The Environmental Advisory Council shall submit its written recommendation to the Planning Board within thirty-five days of the referral. § 248-16 Issuance of tree removal permit; conditions. A. Any tree removal permit issued pursuant to this chapter may be issued with conditions deemed necessary by the approving authority to ensure compliance with the policies and provisions of this chapter. Such conditions may include: (1) Requiring reasonable improvements, such as relocation of proposed foundation walls, driveways, surface and subsurface improvements or drainage systems to preserve a specific tree or area. (2) Listing approved days and hours for tree removal. (3) Specifying actions to be undertaken by the applicant to minimize the environmental impact of tree removal operations. (4) Requiring the replanting of an equal or greater number of trees of the same or similar species as those removed, based on the size and condition of the trees removed using an approved landscaping plan. B. For all site plan and subdivision applications, the project shall satisfy no less than the minimum requirement to replace 50% of the total aggregate diameter of trees proposed for removal with new trees in accord with the applicant’s plan for tree replacement. (1) Tree replacement shall be required on site unless the approving authority determines that because of size constraints, it is impracticable or impossible to fully meet this mitigation requirement on site. In such case, upon the establishment of a tree bank and/or tree bank fund by resolution of the Board of Trustees, the approving authority may consider the off-site mitigation of planting in the tree bank or payment of a fee to the tree bank fund to satisfy the unmet portion of the tree replacement requirement. Implementation of any off-site planting plan shall require prior approval of the Board of Trustees. § 248-[15]17. Term of permit; renewal. No permit shall be valid for more than [120 days] 6 months after approval of an application [for same] by the approval authority, unless otherwise specified by the approval authority. All permits shall expire upon completion of the work specified therein. Permits may be renewed by the approval authority following this chapter’s standards for approving permits. [Standards for issuance of renewals may be the same as for the issuance of original permits.] [§ 248-[16]. Appeals. Denial of permits by the approving authority may be appealed to the Zoning Board of Appeals based on the procedure specified for zoning matters in Chapter 270, Zoning, of the Ossining Village Code. Said appeal shall state specifically the location of the tree in relation to roads, structures and adjoining properties and shall further state the reason why the permit application should have been granted.] § 248-[17] 18. Inspection and indemnification. Page 9 of 12 Agenda Item #A. A. Any site for which an application has been submitted shall be subject to inspection by the approving authority or designated representatives upon notice to the property owner and applicant at any reasonable time, including weekends and holidays. Notice of such inspection shall comply with the process in section 92-15. [by the approval authority or its designated representatives.] The property owner and applicant by submitting an [making] application for a permit, shall be deemed to have given consent to such inspection. Should the approving authority or its designated representatives be denied entry onto the property the village on behalf of the approval authority and its designated representatives may request a search warrant pursuant to sections 92-14, 92-16 and 92-17. B. The property owner and applicant shall indemnify and hold the village, its elected officials, employees and consultants [Village of Ossining] harmless against any damage or injury that may be caused by or arise out of any entry onto the [subject] property in connection with the processing of the application, during tree removal or within [one] two years after the completion of the work. § 248-[18] 19. Restoration of area; replacement of damaged trees. A. All persons who remove or cause to be removed trees, with or without a permit, as required, shall restore the area by backfilling all holes and by creating an acceptable grade and covering. All debris in the area shall be immediately removed by the property owner or licensed tree service contractor. B. [Tree stumps shall be removed, not cut flush. A property owner may appeal the tree stump removal requirement of this section to the Zoning Board of Appeals. After the planting of trees, removal of all debris in the undisturbed area shall be made immediately. The property where such planting is done must be left in a neat and orderly condition, in accordance with good and acceptable planting and tree surgery practice.] Except as provided in section 248-16B(1), tree replacement on site is required. As part of the approval process involving non-village owned properties, the Village Arborist will determine if removal of the tree stump is necessary. For trees removed on village- owned properties, the tree stump shall be removed. C. The property where planting is done shall be left in a neat and orderly condition in accord with accepted planting and tree surgery practice. D. The approving authority may require as a condition of approval that the disturbed area be backfilled, replanted and/or reseeded. § 248-[19] 20. Bond. A. The approving authority may require, prior to the commencement of [clearing] work authorized by permit, [under any permit pursuant to this chapter,] that the applicant post a performance bond with a surety licensed to do business in New York State [or other security] in an amount acceptable to the approving authority. [in an amount] [and with surety and conditions sufficient to secure compliance with the conditions and limitations set forth in the permit, as determined by the approving authority.] The performance bond shall be in an amount sufficient to secure compliance with the conditions of the permit. (1) The Building Inspector may refer for review any application for a tree removal permit to the village’s arborist for review and recommendations. The arborist’s recommendations shall be considered by the Building Inspector, however, the decision to approve or deny the tree removal permit application shall be made by the Building Inspector. Should the Building Inspector determine that review of the tree removal permit application by the village’s arborist is warranted, the Building Inspector shall notify the applicant in writing with the anticipated cost for the review. The cost for the review shall be paid by the applicant to the Village of Ossining Page 10 of 12 Agenda Item #A. for transmittal to the arborist. No tree removal permit application will be further processed until payment for the cost of review is received. § 248-[20] 21. Action upon completion of work. A. Within [30] thirty days after completion of all tree removals authorized [under a] pursuant to permit issued in accordance with this chapter, the applicant shall notify the approving authority of such completion. B. Within [30] thirty days of such notification of completion of work, the approving authority or its designated representatives shall inspect the tree removal site and, where appropriate, any off-site locations for compliance with all conditions of the permit. (1) When all tree removal(s) and tree replacements authorized under [a[ the permit are [deemed] found to be [completed] complete and all conditions of the permit have been complied with, [in an acceptable fashion,] the approving authority shall issue a certificate of completion, which shall be accompanied by cancellation or return of any bond collected for such permit. (2) When tree removals and tree replacements authorized under [a] the permit are [deemed not acceptable] not consistent with the permit’s terms and conditions, the approving authority shall so notify the applicant. The notification of noncompliance shall include a list of all conditions in violation of the terms and conditions of the permit and shall specify a time limit for the correction of all items so listed. § 248-[21] 22. Penalties for offenses. A. Stop-work orders. [Should the Building Inspector or Director of Code Enforcement determine that removal, cutting or destruction of trees for which a permit has been granted is not proceeding according to the permit, the Building Inspector or Director of Code Enforcement may revoke the permit.] The Building Inspector or designated representative is authorized to issue a stop work order pursuant to this section. The stop work order shall be issued to halt: i) any work that is inconsistent with the terms and conditions of the tree removal permit; ii) any tree removal work that is being performed in a dangerous or unsafe manner; or iii) any work should the tree removal permit be invalid, expired, suspended or revoked. B. The Building Inspector may suspend or revoke a tree removal permit in the following instances; i) where the Building Inspector or designated representative finds any false statements or misrepresentations as to material facts in the application upon which the permit was based; ii) where the Building Inspector finds that the tree removal permit was issued in error due to incorrect, inaccurate or incomplete information; iii) where the Building Inspector finds that the work performed under the tree removal permit was not being completed in accord with the application, plans, and specifications; and iv) where the person to whom the permit was issued fails to comply with a stop wok order. C. Any person who [violate] violates any provision of this chapter shall upon conviction thereof be subject to [be guilty of a violation, punishable by] a fine of not less than $250 nor more than $1,000 for a first offense; not less than $500 nor more than $2,000 for the second offense within twenty- four months from the first offense; and not less than $1,000 nor more than $4,000 for the third and subsequent offenses within twenty-four months of the first offense. [For a second and subsequent offense within a one-year period, the violator shall be guilty of a violation punishable by a fine of not more than $ 2,000 or a term of imprisonment of not more than 15 days, or both.] Page 11 of 12 Agenda Item #A. D. Each tree removed, cut down or destroyed in violation of this chapter shall [amount to a separate offense.] be a separate and distinct offense. E. In addition to [any other penalty,] those penalties prescribed in state law and under section, any person[, firm or corporation or individual connected with such firm or corporation violating] who violates any [provision of] term or condition of the permit or provision in this chapter [this document] shall be subject to a civil penalty [enforceable and collectible by the Village] of not more than [in the amount of] $500 for each and every tree removed[, cut down or destroyed in violation of this document]. The civil penalties shall be recoverable in an action brought by the village. The village shall be entitled to recover interest, costs and disbursements incurred with the proceeding to recover civil penalties as well as reasonable attorney’s fees and expenditures incurred for the retention of consultants, F. In addition to any other penalty, the violator will be required to replace, in kind, each and every tree removed, cut down or destroyed in violation of [this document] the permit or this chapter. If a tree was so large and mature that it cannot be replaced, the Building Inspector [or Director of Code Enforcement] upon recommendation of the Tree Warden may require the planting of multiple trees instead. Minor tree damage (removes less than twenty-five percent of the tree’s canopy or tree structure) shall be repaired in accordance with accepted tree surgery practice. All trees which fail to survive for a period of two years following planting shall be replaced by the [permit holder] owner at no expense to the Village [or the owner of the land, if other than the permit holder]. Said replacement shall [be] occur within [60] sixty days following written demand for such replacement from the Building Inspector or [Director of Code Enforcement] or designated representative or within an extended period of time as may be specified. G. No certificate of occupancy shall be issued for any new construction on the property on which occurred any violation of this [document] chapter unless and until the [provisions of the subsection] terms and conditions of the permit and the requirements of this chapter have been complied with. § 248-[22] 23 Severability. If any clause, sentence, paragraph, section or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. Section 2. Effective Date. This local law shall be effective upon filing with the Secretary of State pursuant to section 27 of the Municipal Home Rule Law. Page 12 of 12