Chapter 208

ARTICLE I ARTICLE II Street Trees Tree Preservation § 208-1. Purpose. § 208-14. Purpose. § 208-1.1. Definitions. § 208-15. Definitions. § 208-2. Designation of official § 208-16. Tree removal permit required; custodian; duties. approving authority. § 208-3. Duties and responsibilities of § 208-17. Permit application. Department. § 208-18. Conditions for granting permit. § 208-4. Spacing of trees planted. § 208-19. Bond. § 208-5. Distance from curbs and § 208-20. Permit fee. sidewalks. § 208-21. Inspection; indemnification. § 208-6. Distance from street corners § 208-22. Term. and hydrants. § 208-23. Action upon completion of § 208-7. Distance from utilities. work. § 208-8. Rights of Village. § 208-24. Suspension or revocation of § 208-9. Pruning of trees prohibited. permit. § 208-10. Responsibilities of property owners. ARTICLE III § 208-11. Removal of stumps. Penalties; Appeals; Dead or Diseased Trees § 208-12. Removal of healthy trees prohibited. § 208-25. Penalties for offenses. § 208-13. Consent required for § 208-26. Appeals. deviations. § 208-27. Removal of dead or diseased trees; dangerous trees or tree limbs. § 208-28. Severability. 90. Editor's Note: This local law also repealed former Ch. 208, Trees, which consisted of the following articles: Art. I, Street Trees, adopted 7-23-1984 by L.L. No. 4-1984; Art. II, Tree Preservation, adopted 9-21-1987 by L.L. No. 5-1987, as amended. CROTON-ON-HUDSON CODE GENERAL REFERENCES Building construction — See Ch. 86. Professional fees — See Ch. 178. Environmental compliance — See Ch. 115. Steep slopes — See Ch. 195. Environmental review — See Ch. 116. Waterfront revitalization — See Ch. 225. Excavation, filling and topsoil removal — See Ch. 120. Wetlands and watercourses — See Ch. 227. Flood damage prevention — See Ch. 129. Zoning — See Ch. 230. ARTICLE I Street Trees § 208-1. Purpose. The Village of Croton-on-Hudson has a vital interest in the planting and preservation of trees within its borders. The preservation of trees as defined herein within the Village is necessary to protect the health, safety and general welfare of the Village because trees provide shade, impede soil erosion, aid water absorption and retention, inhibit excess runoff and flooding, enhance air quality, offer a natural barrier to noise, provide a natural habitat for wildlife, provide screening, enhance property values and add to the aesthetic quality of the community. § 208-1.1. Definitions. As used in this article, the following term shall have the meaning indicated: STREET TREES — Trees, shrubs, bushes and all other woody vegetation on land lying between property lines on either side of all streets, avenues and rights-of-way within the Village. § 208-2. Designation of official custodian; duties. The Superintendent of the Department of Public Works, hereinafter also referred to as the "Department," shall serve as the official custodian of all street trees and develop, in consultation with the Conservation Advisory Council, an annual street tree program. § 208-3. Duties and responsibilities of Department. The duties and responsibilities of the Department shall be to: A. Study the problems and determine the needs of the Village of Croton-on-Hudson in connection with its street tree program. B. In consultation with the Conservation Advisory Council, determine the type and kind of trees to be planted upon Village streets or parts of Village streets or as designated. C. Work in conjunction with the Conservation Advisory Council in the dissemination of news and information regarding selection, planting and maintenance of trees within Village limits. § 208-4. Spacing of trees planted. The spacing of street trees will be in accordance with the following size classes, and the preferred distances between trees are: small trees, 30 feet; medium trees, 40 feet; and large trees, 50 feet; except in special plantings designed or approved by the Department in consultation with the Conservation Advisory Council. Small trees are defined as having an ultimate height equal to or greater than 13 feet but less than 26 feet; medium trees are defined as having an ultimate height equal to or greater than 26 feet but less than 52 feet; and large trees are defined as having an ultimate height equal to or greater than 52 feet. § 208-5. Distance from curbs and sidewalks. The distance trees may be planted from curbs or curblines and sidewalks will be in accordance with the species size, with final determination made by the Department. § 208-6. Distance from street corners and hydrants. No street tree shall generally be planted closer than 35 feet to any street corner, measured from the point of the nearest intersection curbs or curblines. No street tree shall be planted closer than 10 feet to any fire hydrant. § 208-7. Distance from utilities. No street trees may be planted over or within three lateral feet (small or medium) or five lateral feet (large) of any underground waterline, sewer line, transmission line or other utility. § 208-8. Rights of Village. A. The Village shall have the right to plant, prune, maintain and remove street trees within the lines of all streets, alleys, avenues, lanes, squares, sidewalks and public grounds, as may be necessary to ensure public safety or convenience or to preserve or enhance the symmetry and beauty of such public grounds. The Department may remove or cause or order to be removed any tree or part thereof which is in an unsafe condition or which, by reason by its nature, is injurious to sewers, electric power lines, gas lines, waterlines or other public improvements or is affected with any injurious fungus, insect or other pest. B. This section does not prohibit the planting of street trees by adjacent property owners, provided that departmental review has been made and approval granted. § 208-9. Pruning of trees prohibited. It shall be unlawful for any person, firm or Village department to prune any street tree or other trees on public property without written approval from the Department. "Pruning" is defined as the severe cutting back of limbs to stubs larger than three inches in diameter to such a degree as to remove the normal canopy and/or disfigure the tree. Trees severely damaged by storm or other causes or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this article at the determination of the Department. § 208-10. Responsibilities of property owners. Every owner of any tree or shrub on private property overhanging any right-of-way within the Village shall prune the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection or any traffic control device and so that there shall be a clear space of eight feet above the surface of the street or sidewalk. Said owners shall remove all dead, diseased or dangerous trees or broken or decayed limbs which constitute a menace to the safety of the public. The Department shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a streetlight or interferes with visibility of any traffic control device or sign or interferes with visibility at an intersection. § 208-11. Removal of stumps. All stumps of street trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground. § 208-12. Removal of healthy trees prohibited. In order to protect the Village's investment in time and resources in the street tree program, it shall be unlawful to remove or cause the destruction of any healthy street tree without prior approval of the Department. § 208-13. Consent required for deviations. Any deviation from this article shall be unlawful without the express written consent of the Superintendent of the Department. ARTICLE II Tree Preservation § 208-14. Purpose. A. The Board of Trustees finds that it has been established that trees stabilize the soil and control water pollution by preventing soil erosion and flooding, reduce air pollution, provide oxygen, yield advantageous microclimatic effects, temper noise and, further, that unusual, large and old trees have unique aesthetic and historic values. Indiscriminate removal of trees causes deprivation of these benefits and disrupts the Village's ecological systems. It is, therefore, the purpose of this article to prevent the indiscriminate or unnecessary destruction of trees within the Village of Croton-on- Hudson. B. The Village, furthermore, takes note of the findings of the New York State Environmental Quality Review Act,91 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 further 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 rural character of the community which is reflected in the woodlands of the Village of Croton-on-Hudson. § 208-15. Definitions. As used in this article, the following terms shall have the meanings indicated: APPLICANT — Any individual or individuals, firm, partnership, association, corporation, company, organization or other legal entity of any kind, including a municipal corporation, governmental agency or subdivision thereof, filing an application pursuant to this chapter. APPROVING AUTHORITY — The Village Engineer or his or her designee or the Planning Board as applicable, as specified in § 208-16C hereof.[Amended 12-20-2021 by L.L. No. 13-2021] CLEAR CUTTING — The cutting of more than 10 trees with a DBH of four inches or greater on a lot, within any twelve-month period. DIAMETER AT BREAST HEIGHT (DBH) — The diameter of a tree measured at a point 4 1/2 feet above the ground, or at the highest measurable point of the remaining stump if less than 4 1/2 feet, on the uphill side of the tree. LANDMARK TREES — A tree as defined on a list of trees which may be promulgated and established by the Board of Trustees of the Village of Croton-on-Hudson, which list is on file in the office of the Village Manager. LOT — Any parcel of land, not necessarily coincident with a lot or lots shown on a map of record, which is occupied or which is to be occupied by a building and its accessory buildings, if any, or by a group of buildings having any land in common and the buildings accessory thereto, if any, together with the required open spaces appurtenant to such building or group of buildings. REGULATED BUFFER ZONE — Any area of vegetative screening as established by an approved site plan, minor site plan, special permit or subdivision plat, or any area of a residentially zoned property as measured from each perimeter property line of the property towards the interior of such property as follows: 91. Editor's Note: See Art. 8 of the Environmental Conservation Law. Width of Regulated Buffer Zone Zoning District (feet) RA-40 15 RA-25 10 RA-9 5 RA-5 3 RB (One-Family Residence) 3 RB (Two-Family Residence) 5 RC (One-Family Residence) 5 RC (Multiple Residence) 12 TREE — A living woody plant with an erect perennial trunk which is four inches or more in DBH. § 208-16. Tree removal permit required; approving authority. A. General regulations. A tree removal permit will be required before removing: (1) Any tree eight inches or more in DBH on any parcel of land capable of being subdivided under the zoning provisions applicable to the district in which the parcel is situated or on any parcel of land without a residential structure or on any property which would require site plan approval to be developed. (2) Any tree four inches or more in DBH growing on slopes of over 20%. (3) Any threatened or endangered species of tree, regardless of size, as defined by the New York State Department of Environmental Conservation. (4) Landmark trees as herein defined, regardless of size. (5) Any tree four inches or more in DBH, the trunk of which is wholly or partially located in a regulated buffer zone as herein defined. (6) More than 10 trees with a DBH of four inches or greater on a lot, within any twelve-month period. B. Exceptions. (1) No tree removal permit shall be required for work to be done by or on behalf of the Village of Croton-on-Hudson. (2) Trees may be removed by the appropriate agency or authority as may be necessary to maintain Village, county, state or utility right-of-way, as a control measure to fight forest or other fires or under such other actual or ongoing emergency condition when such tree removal is essential for the protection and preservation of life or property. C. Approving authority. The approving authority for all applications shall be the Village Engineer or his or her designee, except that the Planning Board, as applicable, shall be the approving authority for any application that is also the subject of a pending site plan, minor site plan, subdivision approval, wetlands permit, or steep slopes permit in accordance with the requirements of the Code of the Village of Croton-on-Hudson. Except as otherwise required in connection with the review of subdivision and site plan applications and steep slope applications by the Planning Board, the application for a tree removal permit shall not be subject to a public hearing, and notification of adjoining or other property owners is not required. [Amended 12-20-2021 by L.L. No. 13-2021] D. Standards for the granting of permits. A tree removal permit shall normally be issued if any of the following conditions are met: (1) The location of the tree(s) clearly endangers the health, safety, welfare or property of the general public, the property owner or an adjoining property owner. (2) The location of the designated tree(s) prevents compliance with state, county or local standards for sight lines, driveways or intersections. (3) The location of the tree(s) prevents the property owner from undertaking otherwise approved construction or alteration because the location of the designated tree(s) substantially interferes with a permitted use of the property and the construction or alteration cannot be reasonably modified to accommodate the designated tree(s); written explanation may be required describing how the designated tree(s) interferes with construction or alteration and why the construction or alteration cannot be modified reasonably to accommodate the designated tree(s). (4) The designated tree(s), due to death, disease, blight, infestation, storm damage, accident or other condition, causes undue hardship for the property owner to maintain. (5) The tree is dead, or so substantially diseased that it constitutes a danger to persons, property or other trees. (6) The removal of the tree is not inconsistent with good silvicultural, horticultural or vegetation management and will not have an adverse visual or ecological impact. E. Planning Board action which is deemed approval of tree removal. Where tree removal is proposed in connection with any site plan, minor site plan, subdivision plat, wetlands permit or steep slope permit application submitted or to be submitted to the Planning Board, as applicable, trees shall be removed from the affected property only in conjunction with an approved final subdivision plat, final site plan, minor site plan, wetlands or steep slope permit application. A tree removal permit is not required in these cases. [Amended 12-20-2021 by L.L. No. 13-2021] § 208-17. Permit application. A. Any person proposing to conduct or cause to be conducted a regulated activity specified in § 208-16 hereof shall file an application for a permit with the approving authority as hereinafter provided. Such application shall include the following information: (1) The name and address of the applicant. (2) The address and Village Tax Map designation of the property on which the tree(s) is/are located. (3) The total land area involved in cutting operations. (4) The number and size in DBH of trees to be removed. (5) The purpose of the tree removal. (6) A survey of that section to be disturbed, showing location of any regulated buffer zone as herein defined as well as all trees, indicating those trees to be removed and those trees to be preserved, their species and their diameter. In the case of site plans, including minor site plans, and subdivision plats, the tree survey shall be submitted to the Planning Board or Village Board as applicable as a part of the site plan, subdivision plat, wetlands or steep slopes applications. Trees shall have numbering and tagging. The numbering and tagging shall be both in the field as well as illustrated on the plan. (7) Methods of removal. (8) A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 196, Article I, Stormwater Management and Erosion and Sediment Control, shall be required for any tree removal permit that qualifies as or authorizes a land development activity as defined in Chapter 196, Article I. The SWPPP shall meet the performance and design criteria and standards in Chapter 196, Article I. The approved tree removal permit shall be consistent with the provisions of Chapter 196, Article I. [Added 7-16-2007 by L.L. No. 3-2007] B. Where no subdivision, site plan, minor site plan, wetlands permit or steep slope permit application is involved, the survey requirement may be eliminated, and a plan drawn to scale showing the property lines and tree locations with the tree diameters noted by the applicant may be substituted for Subsection A(6) above. C. In cases where the Planning Board has received or will receive a site plan, minor site plan, or subdivision application involving the disturbance of 1 or more acres and where an acceptable erosion and sedimentation control plan has been or will be prepared for such project and where an environmental impact statement has been or will be prepared for such project, a sampling technique may be used to estimate the number, species and diameter of trees on the site and the number of trees proposed to be removed. The specifics of the sampling technique shall be subject to the approval of the Planning Board. Notwithstanding the above, all trees 22 inches in diameter at breast height and greater in any areas proposed to be disturbed shall be individually identified and marked in accordance with §§ 208-17A and 208-18C, respectively, of this article. § 208-18. Conditions for granting permit. The approving authority may, as a condition of granting a permit: A. Require the reasonable relocation of proposed foundation walls, driveways, grading, surface and subsurface improvements or drainage systems to preserve specific trees. B. Regulate the days and hours of operations. C. Require that each tree to be cut or removed be marked at one point low enough on the trunk to be visible after removal of the tree so as to permit subsequent inspection. Notwithstanding the above, where the use of a sampling technique has been approved, trees less than 22 inches in diameter at breast height need not be marked. D. Require such safeguards as appropriate to minimize the environmental impact of such removal operations. E. Require additional information, if the tree removal involves clear cutting, including but not limited to: (1) Complete plans for the restoration of the site after tree removal, which shall be certified by a recognized tree expert, drawn to a scale of not less than one inch equals 50 feet, and including the following: (a) Description of the proposed vegetative cover of the tree removal area, including dominant species before and after the tree removal. (b) The location of the tree removal in relation to property lines, roads, buildings and wetlands within 100 feet thereof. (2) Additional information as needed or deemed necessary by the approval authority to evaluate the proposed tree removal in terms of the goals and standards of this chapter. F. Require that the tree trunk, limbs, stump and any roots remaining above grade be removed to approximately two feet or less. G. Require that the disturbed area be backfilled, replanted and/or reseeded. H. Require that in the case of a tree destroyed or removed illegally, another tree or trees of comparable size, species and/or value be replanted at the expense of the property owner, for each tree removed. I. Require the planting of a replacement tree or trees. J. Impose such additional conditions as the approving authority deems necessary to ensure compliance with the policies and provisions of this chapter. § 208-19. Bond. A. Before issuing a tree removal permit, the approving authority may require the applicant to file with the Village a suitable bond or other security, payable to the Village, in an amount fixed by the approving authority and in a form approved by said approving authority and conditioned upon the faithful performance of the requirements of this article, the observance of all municipal laws and compliance with conditions imposed in connection with the granting of the permit, to indemnify the Village for completing the work in accordance with this article. B. Any bond or other security filed in accordance with the foregoing shall not be released until the Village Engineer has determined that, in all respects, the work proposed under the approval has been satisfactorily completed in full compliance with all provisions of this article. Failure to timely complete the work in accordance with the terms and conditions of an approved plan and/or permit and to obtain a certificate of completion as provided in § 208-23 may result in the forfeiture of the bond or other security and the Village shall be entitled to the full amount of said bond or other security for the purpose of complying with the provisions of this article. § 208-20. Permit fee. A tree removal permit application shall be accompanied by a fee in an amount set by resolution of the Board of Trustees. § 208-21. Inspection; indemnification. Any site for which an application for a tree removal permit has been submitted shall be subject to inspection by the approving authority or its designated representatives upon notice to the property owner and applicant at any reasonable time, including weekends and holidays. The applicant, by making application for such permit, shall be deemed to have given its consent to such inspection. The applicant shall indemnify and hold the Village 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 construction or performance of the work or within one year after the completion of the work. § 208-22. Term. No permit shall be valid for more than one year after approval of an application by the approving authority unless otherwise specified by the approving authority. All permits shall expire upon completion of the work specified therein. The validity of any work duly completed pursuant to an existing permit shall not be affected by the expiration date. Permits may be renewed by the approving authority upon application submitted at least 20 days before the expiration of the permit. Standards for issuance of renewals shall be the same for the issuance of permits. § 208-23. 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 Village Engineer of such completion. B. Within 30 days of such notification of completion of work, the Village Engineer shall inspect or cause to be inspected the tree removal site for compliance with all conditions of the permit. (1) When all tree removal(s) authorized under a permit is 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 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. § 208-24. Suspension or revocation of permit. A. The approving authority after notice to the permit holder and an opportunity to be heard may revoke or suspend a tree removal permit if it finds that the applicant has not complied with any or all of the terms of such permit, has exceeded the authority granted in the permit or has failed to undertake the project in the manner set forth in the approved application. [Amended 7-21-2008 by L.L. No. 2-2008] B. Issuance of a stop-work order by the Village Engineer shall be as provided in § 86-1 of the Village Code. A stop-work order may be appealed by filing a written notice of appeal with the Planning Board not later than 30 days after service of the stop-work order upon the applicant. A hearing shall be scheduled by the Planning Board within 20 days of receipt of request for a hearing. After the close of the hearing, the Planning Board may confirm, modify or cancel the stop-work order. C. The approving authority shall set forth in writing its findings and reasons for revoking or suspending a permit pursuant to this section and keep a copy in the permit application file. ARTICLE III Penalties; Appeals; Dead or Diseased Trees § 208-25. Penalties for offenses. A. Any person, firm, corporation, or other entity who or which undertakes any regulated activity without a tree removal permit required by this chapter or who violates any condition attached to a tree removal permit, or who otherwise violates any of the provisions of this chapter shall be guilty of an offense punishable by a fine of not more than $250. Each tree removed without a tree removal permit required by this chapter or in violation of any condition attached to a tree removal permit or otherwise in violation of this chapter shall constitute a separate offense. For a second and each subsequent violation within a one-year period, the violator shall be guilty of an offense punishable by a fine of not more than $1,0 or a term of imprisonment of not more than 15 days, or both. Notwithstanding the foregoing, a violation of § 208-16A(6) shall be punishable by a fine of not more than $5,0 or a term of imprisonment of not more than 15 days, or both. Each violation of the provisions of this chapter shall be a separate and distinct offense, and, in the case of a continuing offense, each day's continuance thereof shall be deemed a separate and distinct offense. In addition, the court may order or direct a violator to replace any or all trees removed illegally, with a size and type selected by the Superintendent of the Department. The court shall specify a reasonable time for the completion of such restoration, which shall be effected under the supervision of the Village Engineer. B. In addition to the criminal penalties provided in § 208-25A any person, firm, corporation, or other entity who or which undertakes any regulated activity without a tree removal permit required by this chapter, or who violates any condition attached to a tree removal permit, or who otherwise violates any provision of this chapter shall also be liable for a civil penalty not to exceed $3,0 for each such violation. Each consecutive day of the violation shall be considered a separate offense. Before assessment of the civil penalty, the alleged violator shall be afforded a hearing or opportunity to be heard before the Planning Board upon due notice and with right to specification of the charges and representation by counsel. Such civil penalty may be recovered in an action brought by the Village in any court of competent jurisdiction. Such civil penalty may be released or compromised by the Village and any action commenced to recover the same may be settled and discontinued by the Village. C. The Planning Board also shall have the power, following a hearing, to direct a violator to cease violation of this chapter and, under the Board's supervision, to replace illegally removed trees and to restore satisfactorily the affected land to its condition prior to the violation, insofar as that is possible, within a reasonable time. Exercising of this power may be with or without the imposition of a fine or civil penalty under Subsections A and B hereof. D. Any civil penalty or order issued by the Planning Board shall be reviewable pursuant to Article 7 of the Civil Practice Law and Rules. E. The Village also shall have the right to seek equitable relief to restrain any violation or threatened violation of any provision of this chapter and to compel the replacement of any or all trees removed illegally and the restoration of the land affected to its condition prior to the violation of the provisions of this chapter. F. The Village shall not issue a building permit, temporary certificate of occupancy or certificate of occupancy for any property for which a violation of this chapter has been served, or for which an administrative or judicial proceeding has been commenced under this section, until said violation or proceeding is dismissed or resolved to the satisfaction of the approving authority or court, as is appropriate. G. The Village Engineer and Code Enforcement Officer(s) are hereby authorized to issue appearance tickets for violation of this chapter. § 208-26. Appeals. A. A determination by the Planning Board to grant or deny a tree removal permit may be reviewed by the applicant or any other aggrieved person by the commencement of an action pursuant to the provisions of Article 7 of the Civil Practice Law and Rules. B. In the case of an application decided by the Village Engineer or the Village Engineer's designee, the applicant or any other party aggrieved by such determination may seek review by appealing to the Planning Board, in which case the Planning Board shall become the approving authority for such application. Such review shall be requested not later than 20 days after the filing of the subject decision by the approving authority. § 208-27. Removal of dead or diseased trees; dangerous trees or tree limbs. [Amended 11-19-2018 by L.L. No. 10-2018] A. The Department shall have the right to cause the removal of any dead or diseased trees on private property within the Village when such trees constitute a hazard to life and property or harbor insects or diseases which constitute a potential threat to other trees within the Village. The Department shall notify, in writing, the owners of such trees. Removal shall be done by said owners, at their own expense, within 30 days after the date of service of notice. B. The Department shall have the right to cause the removal of any trees or tree limbs on private property within the Village that it has determined are dangerous because they are likely to constitute an imminent hazard to life and/or property. The Department shall notify, in writing, the owners of such trees or limbs. Removal shall be done by said owners, at their own expense, within three days after the date of service of notice. C. In the event of an owner's failure to comply with Subsection A or B hereunder, the Department shall have the authority to remove such tree(s) or limb(s), as the case may be, and charge the cost of removal to the owner. If the charge is not paid within 30 days from the date of the bill, the Village Manager shall cause, on the next succeeding April 15, any said unpaid removal charges to be added to the Village tax bills. Said charges shall constitute a lien on the real property so affected. § 208-28. Severability. If any provision of this chapter shall be held for any reason to be invalid, such determination shall not invalidate any other provision hereof. § 208-28 CROTON-ON-HUDSON CODE VEHICLES, ABANDONED § 212-4