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Posted 8/29/24
VILLAGE OF CORNWALL-on-HUDSON
Introductory Local Law No.: of 2024
A Local Law to amend Village of Cornwall-on-Hudson Village Code to create Village Code Chapter 153, entitled "Tree Preservation."
SECTION I. PURPOSE
The purpose of this Local Law is to promote the public health, safety and welfare by creating Village of Cornwall-on-Hudson Village Code Chapter 153, entitled "Tree Preservation."
SECTION 2. MUNICIPAL HOME RULE LAW
This law is adopted pursuant to Municipal Home Rule Law §10(l)(ii)(a)(l) that grants local governments the authority to enact local laws regarding the public health, safety and welfare. To the extent the provisions of this Local Law are in conflict with State law, the Village Board hereby asserts its intention to supersede same pursuant to the Municipal Home Rule Law.
SECTION 3. AMENDMENT OF THE VILLAGE CODE
The Village of Cornwall-on-Hudson Village Code is hereby amended to create new Chapter 153, entitled "Tree Preservation", which shall provide as follows:
"Tree Preservation
§ 153-1 Legislative Intent.
The Village Board of the Village of Cornwall-on-Hudson is hereby enacting regulations on the removal of certain trees in the Village of Cornwall-on-Hudson in order to preserve and protect the benefits derived from trees, to protect the environment, and to prevent tree canopy despoliation and destruction. In enacting these regulations, it is the policy of the Village of Cornwall-on-Hudson to encourage and support the installation of native tree species.
§ 153-2 Legislative findings. The Village Board hereby finds that:
08/16/2024 Draft #4
main streets, resulting in increased revenue generation for businesses and municipal governments.
§ 153-3 Definitions.
The following terms shall have the meanings indicated: APPLICANT
Any person, corporation, partnership, firm or any other entity making an application pursuant to this chapter.
An area of at least 15 feet along all perimeters of the tree or tree stands to be protected, inclusive of Critical Root Zones around existing trees, where trees will not be removed or disturbed.
The diameter of a tree trunk of newly planted trees, measured at six inches above the ground for up to and including four-inch diameter size trees, and measured at 12 inches above the ground for larger sized trees.
The foliar cover of trees or groups of trees. A large canopy tree is expected to grow to a minimum of 50 feet in height at maturity, with a canopy spread that consists of at least 1,600 square feet, under urban conditions. A medium canopy tree is expected to grow to a maximum height of between 30 and 50 feet at maturity, with a canopy spread that consists of between 900 and 1,600 square feet, under urban conditions. A small canopy tree is expected to grow to a maximum height of 30 feet at maturity, with a canopy spread that consists of between 400 and 900 square feet, under urban conditions.
An individual who has obtained knowledge and competency through an accredited body, including, but not limited to, the current International Society of Arboriculture arborist certification program, or is a member of the American Society of Consulting Arborists, or a professional forester in the New York State Cooperating Consultant Forester Program, or is a member of the New Jersey Society of Certified Tree Experts, or is a licensed arborist with the State of Connecticut Department of Energy and Environmental Protection.
For the purposes of this chapter, any activity within a two-year period which removes, significantly disturbs, or results in injury to a minimum of eight living trees or more with a diameter at breast height (DBH) of six inches (19 inches in circumference) or greater, excepting the products of agricultural operations, in an area of any size, without the benefit of a current and valid Tree Removal Approval. Trees located within NYS- or Village-regulated wetlands, watercourses or adjacent buffer areas, or located within steep slopes, which are injured and/or removed, shall be counted double.
The injury and/or removal within a five-year period of 25% or more of trees from a property without the benefit of a current and valid Tree Removal Approval. For purposes of this calculation, trees located within NYS or Village-regulated wetlands, watercourses or adjacent buffer areas, or located within steep slopes, which are injured and/or removed, shall be counted double. (Note. This section does not provide any limit to the size od trees that are clear cut.)
An encumbrance placed on a portion of a property, in order to protect an associated resource.
The Village of Cornwall Conservation Advisory Council as established by the Village Cornwall Village Board. (Note: This council would need to be created.)
The area containing the minimum root area necessary for maintenance of tree health and stability, and within which any significant excavation, soil compaction, filling or other disturbance to the soil can be reasonably anticipated to result in significant damage to a tree. The critical root zone for all trees other than trees of significance is a circle with a radial distance of one foot for every one-inch DBH with a minimum of eight feet, and from the surface to a depth of three feet. The critical root zone for a tree of significance is a circle with a radial distance of 1.5 feet for every one-inch DBH, and from the surface to a depth of three feet. A minimum of 75% of the critical root zone must remain undisturbed to provide for the health of the tree, except when a higher percentage is required as determined by a Certified Arborist.
Construction activity includes, but is not limited to, clearing, grading, excavating, blasting, soil disturbance or placement of fill that results in disturbance of one or more acres of land, or activity that disturbs less than one acre of land area that is part of a common plan of development or sale which will or has disturbed one or more acres of land, even though multiple separate and distinct land development activities may take place at different times on different schedules. (See current definition of “Construction” in Chapter 132 of Village
Code.)
Construction activity includes, but is not limited to, clearing, grading, excavating, blasting, soil disturbance or placement of fill in connection with a Land Development Activity as defined in this Chapter.
The upper portion of a tree which includes the scaffold limbs, branches, and leaves or needles.
An area, shown on an approved plan, which is to remain in its natural state and where no disturbance shall occur.
DEVELOPER
Any person who undertakes land development activities. DIAMETER AT BREAST HEIGHT (DBH)
The diameter of the tree trunk or sum of the trunks for naturally occurring or mature trees, measured at 4.5 feet above natural grade level. The diameter may be calculated by using the following formula: DBH = circumference at 4.5 feet divided by 3.142.
For purposes of this chapter, disturbance shall refer to all of the various activities from construction and development that cause Injury to Trees.
The outermost limit of the canopy of a tree as delineated by the perimeter of its branches and which, when extended perpendicularly to the ground, encloses the tree.
Any activity that injures the bark of a tree trunk, typically extending around much of the tree's circumference.
The alteration of topography through the removal, movement or addition of soil, fill, or other material.
A tree identified as structurally defective which posed or poses an imminent risk or increased likelihood that all, or part, of the tree would fail resulting in a risk of personal injury, death or property damage in the fall zone.
Any act which significantly weakens the tree, or its stems, trunk or roots, which may also include, but is not limited to, the following listed acts: excessive pruning; girdling or partial girdling of the tree trunk; excavation, compaction of the roots and/or raising or
lowering the existing grade within the critical root zone, or poisoning in any manner (including, but not limited to, the addition of paint, brine, oil, gasoline, toxins, petroleum products, concrete or stucco mix, dirty water, etc., to the ground around a tree within the critical root zone); planting of invasive plant species, which list is not exclusive of other acts which may have deleterious effects.
A plant genus that is nonnative to the ecosystem under consideration, and whose introduction causes or is likely to cause economic or environmental harm or harm to human health. Plants in any stage of development, including, but not limited to trees, shrubs, vines, grasses, sedges, rushes, herbs, mosses, lichens, as well as submergent, emergent, free-floating or floating-leafs, and includes any part of the plant. For purposes of this chapter, prohibitive invasive plant species are those that are listed by the New York State Department of Environmental Conservation under Section 575.3 of 6 NYCRR Part 575.
Construction activity, including clearing, grading, excavating, soil disturbance or placement of fill for any project involving the commercial development or redevelopment of property, including all commercial and industrial uses, and subdivisions that would result in the creation of one or more new residential lots.
The surface of the ground prior to adding or removing soil, fill or other added material, within the critical root zone.
Any person, firm, partnership, corporation, limited liability company, association or legal representative, acting individually or jointly.
Any tree growing within the public street right-of-way, outside of private property, and any tree growing within the limits of a Village Park or on Village property.
REDEVLOPMENT
Reconstruction or modification to any existing, previously developed land
such as residential, commercial, industrial, institutional or road/highway, which involves soil disturbance. Redevelopment is distinguished from development or new development in that new development refers to construction on land where there had not been previous construction. Redevelopment specifically applies to constructed areas with impervious surface. REPLACEMENT TREES
Trees required by the Planning Board, and Village Board where required, to mitigate the removal of a tree or trees on a site, as defined in the Village of Cornwall-on-Hudson Official Replacement Planting List. (A list must be created. Perhaps the Town of Cornwall has prepared one in connection with the adoption of its Tree Preservation Law.
The practice of removing selective trees of any DBH to discourage the reestablishment of naturally occurring native hardwood forests.
A drawing or set of drawings (e.g., property survey, plot plan, site plan, grading plan, demolition plan, site improvement plan, utility plan, landscape plan and/or remediation plan) as part of a Land Development Activity or Clearing Activity or Clear Cutting which shall be required prior to clearance of land, cutting down or destroying, or committing any act that will lead to disturbance, injury or eventual destruction of trees. Trees Detail of Site Plan shall show existing site conditions and proposed landscape improvements, including trees to be removed (marked with an "X"), relocated and retained, and which shall include the following minimum information: surveyed tree location, species, size as DBH, tree identification number, drip line area for all trees on the site (including trees located on any neighboring property which overhang the project site and all public/street trees located within 50 feet of the project site); existing and proposed structures; existing and proposed paving, concrete, trenching or grade change located within any established critical root zone; existing and proposed utility pathways, surface and subsurface drainage and aeration systems, walls, tree wells, retaining walls and grade change barriers, both temporary and permanent; existing and proposed irrigation and lighting within the drip line of trees to be retained and new trees to be planted, including all lines, valves, etc.; location of all proposed tree plantings and other landscaping;
any natural features (e.g., wetlands, watercourses and other water bodies, tree stands, rock outcroppings, steep slopes, all Designated, Landmark, Protected, and Specimen Trees) located on the project site.
For purposes of this Zoning Chapter, a steep slope is any slope that equals or exceeds 25%.
A list of trees, shrubs and groundcovers approved and adopted by the Village Board that includes plant species approved for planting in the Village of Cornwall-on-Hudson to satisfy the requirements of this chapter and that contains information on their characteristics of size, canopy spread, and growing requirements. Invasive plant species shall not be included in the Planting List.
Guidance shall be provided to eliminate disturbance of critical root zones of designated, landmark, native, protected, and specimen trees with fill or other deleterious materials, as well as to ensure replacement trees will equal on planting or in the future the environmental value of the trees proposed to be removed.
Any self-supporting woody perennial plant of a species, having a main stem or trunk or multiple trunks with many branches, and at maturity normally attaining a DBH of three inches (9.5 inches in circumference) or greater and a height of 15 feet or greater.
A list of locations in the Village of Cornwall-on-Hudson where trees listed in the Village of Cornwall-on-Hudson Official Replacement Planting List can be planted with funds from the Tree Protection and Replacement Fund when a Tree Replacement Plan cannot be implemented in the land area as part of Land Development Activity, Clearing Activity, or Clear Cutting. Tree Bank locations shall include properties owned by the Village of Cornwall-on-Hudson, and such other locations as may be approved by the Village Board
A tree which is specifically required to be planted or preserved in connection with any permit or other approval issued by the Village Board, Planning Board, Zoning Board of Appeals, or any Officer of the Village.
A particular tree determined by the Village Board upon the recommendation of the CCAC to be significant to the community on the basis of age, specimen quality, or historical significance.
A particular tree identified as uncultivated flora indigenous to the geographic regions of the State of New York, New Jersey, Pennsylvania, Connecticut and Vermont, which have adapted over time to various environmental and social influences such as soil types and hydrology, microclimates and human influence, and included in the Village of Cornwall-on-Hudson Official Replacement Planting List.
Any living tree species designated by the New York State Department of Environmental Conservation in the "New York Natural Heritage Program: New York Rare Plant Status List" as endangered, threatened, rare, or vulnerable.
A drawing within an area proposed for a Land Development Activity or Clearing Activity showing accurate trunk locations, drip line areas, and critical root zones of all trees or groups of trees to be preserved. In addition, the Tree Protection Plan must accurately identify the DBH and correct species of each tree within an area proposed for a Land Development Activity or Clearing Activity, which clearly indicates the Tree Protection Zone to be enclosed, with the specified tree protection fencing as a bold dashed line. Conspicuous marking of the width of the tree Canopy shall be required to satisfactorily achieve the goals of protection for groupings of trees, prior to construction beginning in that area.
A fund containing surcharges paid and collected pursuant to the provisions of this chapter, which funds shall be used solely as directed by the Village of Cornwall-on-Hudson Village Board, by resolution, to plant or protect trees on public lands or street rights- of-way within the Village or on other parcels deemed acceptable by the Village of Cornwall-on-Hudson as included in the Tree Bank, to cover the cost of review and administration of the Fund, and to cover the cost of a Certified Arborist in support of the applicable provisions of this chapter.
The area of temporary fenced tree enclosure reserved around a tree or group of trees, such as buffer zones and open space, in which no
disturbance, including parking, grading, access, stockpiling of any material or other deleterious activity shall occur prior to or during development and construction activities, unless otherwise approved in writing by the Planning Board, or Village of Cornwall-on-Hudson Village Board where required.
The removal or reduction of certain plant parts that are not required or are no longer effective, in order to retain or improve the tree's health, natural habit, balance, stature, value and contribution to the landscape design.
Removing 1/4 (25%) or greater, of the functioning leaf, stem, or root area of a tree.
The removal of any tree or trees, except the removal of dead trees or trees that pose a hazard, and the removal of 50% or more of the crown, trunk or root system, and other actions causing the death through damaging, excessive pruning, poisoning or close trenching.
An approval granted by the Planning Board under this chapter simultaneously with granting or approval of any Land Development Activity, Clearing Activity, and/or Clear Cutting.
A plan showing the location, species and details, including caliper, for the replacement of trees as part of a proposed Land Development Activity or Clearing Activity, as drawn from the Village of Cornwall-on-Hudson Official Replacement Planting List. All trees planted as replacement trees shall be no less than one and half inches caliper (5 inches in circumference) or more.
A tree with a trunk 24 inches at DBH (75 inches in circumference) or more.
Severe cutting back of limbs, to stubs larger than three inches in diameter, within the tree's crown to such a degree as to remove the normal canopy and disfigure the tree. This term shall not apply to severe cutting back of limbs of landmark, native, protected and/or specimen trees to preserve or extend tree life upon the recommendation of an arborist, forester or landscape architect pursuant to an approved Tree Protection Plan.
The main stem of a tree, beginning at the root collar and ending at the lowest main scaffold branch.
§153-4 Applicability
§ 153-5. Tree Removal Approval procedures and requirements.
"I have read or am otherwise hereby being directed to a copy of the Village of Cornwall-on-Hudson Tree Preservation Law, Chapter 153 of the Village Code of the Village of Cornwall-on-Hudson. I understand a copy of such article is available on the Village of Cornwall-on-Hudson's Internet website, https://cornwall-on- hudson.org. I understand generally that the Tree Preservation Article relates to my responsibilities when it comes to tree removal and tree plantings and agree to follow such article."
as the Planning Board may find appropriate in consideration of the nature of the parking area. Provided, however, the Planning Board may waive this requirement in the event that planting trees in the parking area is not feasible given its dimensions, location, or other limitations on the desirability of placing trees in the parking area.
§ 153-6. Trees and public utilities.
A. No street trees, other than those species listed in the Village of Cornwall-on-Hudson Official Replacement Planting List as small canopy trees suitable for planting near utility wires by any utility company, may be planted under or within 10feet of any overhead utility wires.
§ 153-7. Penalties for offenses.
Any person violating any provision of this chapter shall be guilty of a violation and upon conviction shall be subject to fines per tree as follows by the Town of Cornwall Town Court, taking into consideration the severity and circumstances of a violation:
(I) Trees up to and including eight inches DBH (25 inches circumference): $500 per tree.
$1,500 per tree.
$3,000 per tree.
§ 153-8. Bonding requirements.
SECTION 4. EFFECTIVE DATE
This Local Law shall become effective upon filing with the Secretary of State of the State of New York subsequent to having been duly adopted by the Village Board.
PDF of Proposed Law