§ 300-51. Tree removal permits.

A. 

Applicability. An application for the removal of one or more trees when part of another application, such as a site plan, subdivision, variance or special permit application, shall be considered by the Board having decisionmaking authority for that application. An application solely for the removal of one or more trees shall be heard by the Tree Commission as follows:

(1) 

Undeveloped lots. Prior to removal of a tree on an undeveloped lot, the property owner shall make application for the tree permit to the Tree Commission, which shall have sole jurisdiction to issue a tree permit based upon the criteria set forth in Subsection B of this section.

(2) 

Developed lots.

(a) 

Prior to the removal of any specimen tree or a rare or endangered species tree or significant stands of trees on a developed lot, the property owner shall make application to the Tree Commission, which shall have sole jurisdiction to issue a tree permit based upon the criteria set forth in Subsection B below.

(b) 

If the tree removal involves clear-cutting, additional information may be requested by the decisionmaking body, including but not limited to complete plans (which shall be certified by a recognized tree expert) for the restoration plan of the site after tree removal, drawn to a scale of not less than one inch equals 50 feet, and including the following:

[1] 

A description of the anticipated vegetative cover of the tree removal area, including dominant species before 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 decisionmaking body to evaluate the proposed tree removal in terms of the goals and standards of this chapter.

(3) 

Exemptions. The following activities are permitted without a tree removal permit:

(a) 

Removal of any tree not regulated in accordance with this section.

(b) 

Removal of any tree in an 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.

(c) 

Removal of any tree that has been found to be dead, dying, insect-infested or hazardous by a recognized tree expert.

(d) 

Tree pruning that does not damage the basic nature of the tree and which does not reduce the size by more than 1/4.

B. 

Criteria. The decision to issue a tree permit or otherwise approve tree removal shall be based on all the following criteria:

(1) 

If the presence of the tree would cause hardship or would endanger the public or the person or the property of the owner or of an adjoining owner.

(2) 

If the tree is diseased or threatens the health of other trees or if the protected trees or shrubs are dead or diseased to the extent that they cannot, or should not, consistent with good and accepted arboricultural practices, be saved, or that the removal of the protected trees or shrubs is otherwise necessary due to their health or physical condition, according to good and accepted arboricultural practices. To this effect, a written statement of a certified arborist, obtained and paid for by the applicant, may be required by the Tree Commission of any applicant who proposes to destroy any protected tree.

(3) 

If the tree substantially interferes with a permitted and intended use of the property.

(4) 

If the removal of the tree will not have an adverse effect on the ecological system.

(5) 

If the removal of the tree would enhance views to the Hudson River or improve other viewsheds as identified in § 300-46D, View protection.

C. 

Appeals.

(1) 

Applicants may appeal the decision of the Tree Commission, in writing, to the Zoning Board of Appeals. Such written appeal is to be given to the Village Clerk. Said appeal shall state specifically the location of the trees in relation to roads, structures and adjoining properties and shall further state the reasons why the permit application should have been granted. The appeal should refer to the criteria for granting permits noted in Subsection B above. Should the ZBA seek assistance from an outside consultant, all costs thereof shall be borne by the party seeking said appeal.

(2) 

Appeal of decisions of the Planning Board, Architectural and Historic Review Board, and the Zoning Board of Appeals shall be made according to the standard appeal provisions for those boards and approval processes.