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, July 2, 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 Law Village Arborist - Jean Zimmerman Chapter 248 Trees (Revised) Environmental Advisory Council July 2, 2024 Page 1 of 10 Agenda Item #A. Chapter 248 Trees [HISTORY: Adopted by the Board of Trustees of the Village of Ossining 1-16-2007 by L.L. No. 2-2007. Amendments noted where applicable.] GENERAL REFERENCES Brush, grass and weeds — See Ch. 88. Excavations — See Ch. 122. Zoning — See Ch. 270. § 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 are a valuable natural resource which serve to benefit the entire Village and surrounding area by one or more of the following: 1. Providing shade and cooling the air, ground, and buildings. 2. Diffusing glare. 3. Reducing soil erosion, especially on steep slopes. 4. Absorbing runoff from stormwater and reducing the possibility of flooding. 5. Providing habitat for wildlife and an ecological niche necessary for the protection of species. 6. Buffering view of development and maintaining the existing character of the Village. 7. Reducing air, soil, and water pollution. 8. Balancing the oxygen in the air by removing carbon dioxide. 9. Reducing wind, resulting in energy efficiency for the heating of buildings during winter. 10. Contributing to the significance of historic buildings, structures, and places in the Village. 11. Providing satisfaction for people’s psychological and aesthetic needs. 12. 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, 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 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 Page 2 of 10 Agenda Item #A. 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 5 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. DIAMETER AT BREAST HEIGHT (DBH) The diameter of a tree measured at a point 4 1/2 feet above the ground. 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 tree on the Village’s Significant Tree List. SIGNIFICANT TREE LIST 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 to be designated by resolution of the Village Board 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 resolution of the Village Board 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. § 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 Page 3 of 10 Agenda Item #A. Department of Public Works shall have the right to trim, spray, preserve and plant such trees as may be necessary to preserve 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, any property owner applying for site plan or subdivision approval which would require 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 the approving authorities 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 the responsibility of Code Enforcement 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 all tree permits and give recommendations to the approving authority on whether the permit should be accepted, altered, or denied. If no recommendation is given to the approving authority within 20 days of the filing of the permit, the approving authority will assume that the Tree Warden is recommending acceptance 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 measure to fight forest or other fires. B. Carelessly or negligently cutting down, killing, or otherwise destroying or committing any act which will lead to the destruction of any tree with a DBH of six 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 or regrading activity or utility excavation within the dripline of any tree with a DBH of six inches or greater. Page 4 of 10 Agenda Item #A. E. Removal of any tree in wetlands or in a wetlands buffer area. a. The cutting of more than three regulated trees 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. § 248-8 Activities permitted without tree removal permit. A. Removal of any tree not regulated in accordance with § 248-7, Regulated activities; tree removal permit required, of this chapter. B. Removal of any tree under an actual or ongoing emergency condition when such immediate tree removal 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) Emergency removal shall be filed with the Building Department which contains a certification by a certified arborist as to the need for the emergency removal. C. In the case of any tree standing on any lot or land having branches which project over an adjacent lot, the owner of the adjacent lot may trim said overhanging branches in order that the branches not adversely interfere with said adjacent lot, so long as said trimming does not adversely affect the viability of the tree(s). D. Removal of any tree that has been found to be dead, dying, insect-infested or otherwise hazardous as determined in writing on business letterhead of the Village Arborist. E. Removal of any tree listed on the New York State Prohibited or Regulated Invasive Species List as identified in writing on the business letterhead of a tree specialist and submitted to the Building Inspector. 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 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 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, public property. 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 with pedestrian or vehicular traffic. B. Any tree which is growing on private property which is endangering or in any way may endanger the security or Page 5 of 10 Agenda Item #A. 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. (7) A survey of that area of trees or forest to be disturbed showing the location of all trees (to an accuracy of one foot) and indicating those trees to be removed and those trees to be preserved, their species and their diameter (DBH). (8) 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. (9) Where no site plan, special permit, conditional use permit, subdivision or other related permit is involved, Subsection A(7) and (8) above may be waived, and a simple sketch drawn by the applicant may, at the approval authority's discretion, be substituted. (10) 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, Inspection and indemnification, of this chapter. (11) 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, 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 but not limited to the application and additional required materials or information (if any) shall be maintained on file in the office of the Village Building and Planning Department. C. Permits for the removal of trees may be granted under the following circumstances: (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. (3) If the tree is diseased or threatens the health of other trees. D. If the tree removal involves clear cutting, additional information may be requested by the approval authority, including but not limited to: (1) A description of the anticipated vegetative cover of the tree removal area, including dominant species before Page 6 of 10 Agenda Item #A. and after the tree removal. (2) The location of the tree removal area in relation to property lines, roads, buildings and wetlands within 100 feet thereof. (3) Additional information as needed or deemed necessary by the approval authority to evaluate the proposed tree removal in terms of the standards of this chapter. E. All tree permits not associated with a site plan or subdivision application, including clear cutting, the Building Inspector is the approving authority. (1) The Building Inspector upon receipt of a complete application meeting the requirements of this chapter may refer applications for tree removal permits to the Environmental Advisory Committee for the Committee's advisory opinion. (2) The Building Inspector shall refer all clear cutting applications to the Environmental Advisory Committee for its review and report. (3) The Environmental Advisory Committee shall in all cases render its recommendation to the Building Inspector within 35 days of the application being referred by the Building Inspector. F. The Planning Board will be the approval authority for all tree permits 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 subdivision or site plan approval, shall refer such application to the Environmental Advisory Committee for its review and report. G. Determination by approval authority. In making its determination to grant, grant with conditions or deny a tree removal permit under this chapter, the factors to be considered by the approval authority shall include, but shall not necessarily be limited to, the following: (1) Whether the proposed tree removal will have a deleterious effect on the health, safety or general welfare of the residents of the Village of Ossining or its neighboring communities. (2) The physical condition of the tree(s) proposed for removal (species, size and health) shall be identified with regard to their relative value of preservation. (3) The effect of disturbance on the existing trees by accepted forest management practices, including the effect on ecological systems, erosion and sedimentation potential and the relationship to the surrounding vegetation and habitat. (4) The effect of disturbance or removal of existing vegetation on the historical context and the scenic resources of the surrounding community. (5) The effect of disturbance or removal due to utility placement that might damage a tree or spoil the symmetry or otherwise mar the appearance of a tree or trees. (6) Whether the proposed action will have adequate safeguards for the protection and preservation of the environment. (7) The possible or practicable alternatives to the tree removal. H. Notification of decision. In the case where the Building Inspector is the approval authority, the applicant will be notified of tree removal permit decisions within 15 days of the application being received by the Village. The Building Inspector may extend this time frame by no more than five days for good cause. Page 7 of 10 Agenda Item #A. § 248-15 Issuance of tree removal permit with conditions. A. Any tree removal permit issued pursuant to this chapter may be issued with conditions. Such conditions may be attached as the approval authority deems necessary to ensure compliance with the policies and provisions of this chapter. The approval authority may, as a condition of granting a tree removal permit: (1) Require 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) Regulate days and hours of the tree removal operation. (3) Require such safeguards to minimize the environmental impact of such removal operations. (4) Require 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, based upon an approved graphic plan. (5) In connection with all subdivision and site plan applications, the project shall meet the minimum requirement of the replacement of 50% of the total aggregate diameter of trees proposed for removal with new trees in accordance with a plan for tree replacement. (a) Tree replacement shall be required on site unless the approving authority determines that, because of site constraints, it is impracticable or impossible to fully meet this mitigation requirement on site. In such case, upon the establishment of a tree bank and/or a tree bank fund by resolution of the Village Board, the approving authority may consider the off-site mitigation of planting in the tree bank or the payment of a fee to the tree bank fund to satisfy the unmet portion of the tree replacement requirement. Implementation of any off-site planting plan shall require prior approval by the Village Board. [1] Off-site planting may be considered in the Village right-of-way or public park or recreation area determined by the Village Board. § 248-16 Term of permit; renewal. No permit shall be valid for more than 120 days after approval of an application for same by the approval authority, unless otherwise specified by the approval authority. All permits shall expire upon completion of the work specified therein. Permits may be renewed by the approval authority. Standards for issuance of renewals may be the same as for the issuance of original permits. § 248-17 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. § 248-18 Inspection and indemnification. Any site for which an application has been submitted shall be subject to inspection upon notice to the property owner and applicant at any reasonable time, including weekends and holidays, by the approval authority or its designated representatives. The property owner and applicant, by making application for a permit, shall be deemed to have given consent to such inspection. The property owner and applicant shall indemnify and hold the 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 year after the completion of the work § 248-19 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. Page 8 of 10 Agenda Item #A. B. Tree stumps/trunks and all limbs 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. C. The disturbed area may be required to be backfilled, replanted and/or reseeded. D. The applicant shall remain responsible for the acts of employees, contractors or subcontractors. § 248-20 Bond. The approving authority may require, prior to the commencement of clearing authorized under any permit pursuant to this chapter, that the applicant shall post a bond or other security 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 shall be determined by the approving authority. § 248-21 Action upon completion of work. A. Within 30 days after completion of all tree removals authorized under a permit issued in accordance with this chapter, the applicant shall notify the approving authority of such completion. B. Within 30 days of such notification of completion of work, the approving authority shall inspect the tree removal site for compliance with all conditions of the permit. (1) When all tree removal(s) authorized under a permit are deemed to be completed 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 authorized under a permit are deemed not acceptable, the approving authority shall so notify the applicant. The notification of noncompliance shall include a list of all conditions in violation of the terms of the permit and shall specify a time limit for the correction of all items so listed. § 248-22 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. B. Any person who violates any provision of this chapter shall be guilty of a violation, punishable by a fine of not more than $1,000. For a second and subsequent offense within a one-year period, the violator shall be guilty of a violation punishable by a fine of not more than $2,000 or a term of imprisonment of not more than 15 days, or both. C. Each tree removed, cut down or destroyed in violation of this chapter shall amount to a separate offense. D. In addition to any other penalty, any person, firm or corporation or individual connected with such firm or corporation violating any provision of this document shall be subject to a civil penalty enforceable and collectible by the Village in the amount of $500 for each and every tree removed, cut down or destroyed in violation of this document. E. 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. 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 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 at no expense to the Village or the owner of the land, if other than the permit holder. Said replacement shall be within 60 days following written demand for such replacement from the Building Inspector or Director of Code Enforcement or within an extended period of time as may be specified. Page 9 of 10 Agenda Item #A. F. No certificate of occupancy shall be issued for any new construction on the property on which occurred any violation of this document unless and until the provisions of the subsection have been complied with. § 248-23 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. Page 10 of 10