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DRAFT Tree Preservation Law


Updated 10-25-24

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 despoilation 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:

  1. The trees and forest lands in the Village of Cornwall-on-Hudson are important natural resources that benefit the Village and make it a desirable place for both residents, businesses, and visitors.

 

  1. Trees and forest lands increase the value of residential properties and create a more favorable environment on commercial
 

main streets, resulting in increased revenue generation for businesses and municipal governments.

 

  1. Trees naturally act as wind breaks, filter pollutants and prevent soil erosion, protect watershed areas, enhance air quality, provide a natural noise barrier, protect humans from ultraviolet rays, provide habitat for wildlife, and cool outdoor temperatures and shade buildings, thereby reducing energy consumption. Trees intercept and store precipitation, relieving stress on municipal stormwater systems and reducing flooding. The removal of trees can cause deprivation of these environmental benefits and change the ecological and rural character of the community. The removal of trees can also cause deprivation of economic benefits from the increased costs associated with the processing of stormwater, increased energy use, and reduction in air quality.

 

  1. Properly located and planted trees are an effective means of providing sight and noise barriers around accessory buildings, mechanical devices, parking lots and other structures.

 

  1. A prohibition against the use of invasive plant species is necessary to preserve and manage trees and forest lands on both public and private property in order to protect the health, safety, and welfare of citizens in the Village of Cornwall-on-Hudson.

 

  1. The New York State Department of Environmental Conservation makes available listings of tree species and other plantings compatible with the natural environment.

 

§ 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.

 

BUFFER ZONE

 

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.

 

CALIPER

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.

CANOPY

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.

CERTIFIED ARBORIST

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.

CLEARING ACTIVITY

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.

 

CLEAR CUTTING

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.

CONSERVATION EASEMENT AREA

An encumbrance placed on a portion of a property, in order to protect an associated resource.

 

CONSERVATION ADVISORY COUNCIL (CCAC)

The Cornwall Conservation Advisory Council as established by the Town of Cornwall Town Board, or such similar advisory council as may hereafter be established by the Village Board of Cornwall-on-Hudson , to make non-binding recommendations to the Village Board or Planning Board in connection with any activity or approval defined or required herein.

 

CRITICAL ROOT ZONE (CRZ)

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

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.

 

CROWN

The upper portion of a tree which includes the scaffold limbs, branches, and leaves or needles.

 

DESIGNATED BUFFER AREA

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.

DISTURBANCE

For purposes of this chapter, disturbance shall refer to all of the various activities from construction and development that cause Injury to Trees.

 

DRIP LINE

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.

 

GIRDLING

Any activity that substantially injures the bark of a tree trunk, typically extending around much of the tree's circumference.

GRADING

The alteration of topography through the removal, movement or addition of soil, fill, or other material.

HAZARDOUS TREE

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.

INJURY TO TREES

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.

 

INVASIVE PLANT SPECIES

A plant genus that is nonnative to the ecosystem under consideration, and whose introduction or propagation 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.

LAND DEVELOPMENT ACTIVITY

 

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, or one or two-family residence developments resulting in cutting, clearing or 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.

 

NATURAL GRADE LEVEL

The surface of the ground prior to adding or removing soil, fill or other added material, within the critical root zone.

PERSON

Any person, firm, partnership, corporation, limited liability company, association or legal representative, acting individually or jointly.

 

PUBLIC/STREET TREE

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.

 

 

            REDEVELOPMENT

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, or as approved by the Planning Board in connection with any activity or required approval defined herein.

 

SELECTIVE SPECIES CUTTING

The practice of removing selective trees of any DBH to discourage the reestablishment of naturally occurring native hardwood forests.

SITE PLAN, TREES DETAIL

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.

STEEP SLOPE

For purposes of this Zoning Chapter, a steep slope is any slope that equals or exceeds 25%.

 

VILLAGE OF CORNWALL-ON-HUDSON OFFICIAL REPLACEMENT PLANTING LIST

A list of trees, shrubs and groundcovers approved and as may be adopted by the Village Board from time to time, or as approved by the Planning Board in connection with any activity or required approval defined herein, 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.

TREE

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.

 

TREE BANK

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, or as approved by the Planning Board in connection with any activity or required approval defined herein,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.

 

TREE, DESIGNATED

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.

 

TREE, LANDMARK

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.

 

TREE, NATIVE

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, or as approved by the Planning Board in connection with any activity or required approval defined herein.

TREE, PROTECTED

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.

 

TREE PROTECTION PLAN

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.

 

TREE PROTECTION AND REPLACEMENT FUND

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.

 

TREE PROTECTION ZONE (TPZ)

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.

 

TREE PRUNING

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.

 

TREE PRUNING, EXCESSIVE

Removing 1/4 (25%) or greater, of the functioning leaf, stem, or root area of a tree.

 

TREE REMOVAL

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.

TREE REMOVAL  APPROVAL

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.

TREE REPLACEMENT PLAN

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, or as approved by the Planning Board in connection with any activity or required approval defined herein. All trees planted as replacement trees shall be no less than one and half inches caliper (5 inches in circumference) or more.

 

TREE, SPECIMEN

A tree with a trunk 24 inches at DBH (75 inches in circumference) or more.

 

TREE TOPPING

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.

TRUNK

The main stem of a tree, beginning at the root collar and ending at the lowest main scaffold branch.

 

§153-4             Applicability.

 

  1. This Chapter shall apply to the removal of trees as part of any Land Development Activities, Clearing Activities, and/or Clear Cutting requiring approval from the Village Planning Board.

 

  1. This Chapter does not apply to any lot improved with or being developed as a one or two-family residence removing, cutting, clearing or injuring less than eight living trees with a diameter at breast height (DBH) of six inches (19 inches in circumference) or greater, actively managed scientific research forests, certain commercial activities such as tree farms, and lots where agricultural activity, as defined in Chapter 132-6 Stormwater Management, is the primary land activity.

 

  1. This Chapter does not apply to the removal of invasive Plant Species or Hazardous Trees during Clear Cutting, Land Development Activity, or Clearing Activity.

 

  1. Where greater restrictions or requirements are imposed by any law or ordinance, including Chapter 172 Zoning, than are imposed by this chapter, such greater restrictions or requirements shall control.

 

  1. Except as provided in this Section, the Clear Cutting of trees, whether or not as part of any proposed Land Development Activity, is prohibited without a Tree Removal Approval having been  granted pursuant to this Chapter.

 

  1. Except as provided in this Section, Clearing Activity, whether or not as part of any proposed Land Development Activity, is prohibited without a Tree Removal Approval  having been  granted pursuant to this Chapter.

 

§ 153-5. Tree Removal Approval procedures and requirements.

 

  1. As part of any application to the Planning Board, the Applicant shall sign a statement as follows:

"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."

 

  1. A Tree Removal  Approval shall require the preparation and approval of a Site Plan with Trees Detail and either a Tree Protection Plan or a Tree Replacement Plan by the Planning Board as part of its review and approval of any Land Development Activity, Clearing Activity, or Clear Cutting.

 

  1. All Applicants for any Land Development Activity or Clearing Activity shall be required to submit a Tree Protection Plan to the Planning Board with any preliminary subdivision, special permit, Site Plan with Trees Detail, or site plan application in order for that application to be deemed complete. Where an Applicant has been required to submit a draft environmental impact statement ("DEIS") as part of any land use approval, a Tree Protection Plan shall be part of said submission.

 

  1. The Planning Board may waive the submission of a Tree Protection Plan where it determines in its discretion that the proposed subdivision, site plan or special permit application will not involve loss of trees from Selective Species Cutting, Tree Removal, Tree Topping, or the removal of Designated, Landmark, Protected, or Specimen Trees.

 

  1. If the proposed Land Development Activity, Clearing Activity, or Clear Cutting shall result in the loss of trees, the Planning Board shall require a Tree Replacement Plan that shall detail the number and type of trees by species acceptable to the Planning Board, that shall be added to the property or elsewhere within the Village of Cornwall-on-Hudson as replacement trees.

 

  1. Where tree removal is undertaken in regard to commercial and/or multifamily development, the Planning Board shall require planting of replacement trees in parking lot areas in such numbers 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.
  2. When a Land Development Activity, Clearing Activity, or Clear Cutting results in the Applicant's inability to fulfill the intent of a Tree Replacement Plan, the Plamring Board shall authorize the Applicant to pay to the Village Tree Protection and Replacement Fund a fee in accordance with the fee schedule as adopted by the Village Board. These funds shall be reserved exclusively for uses as defined in Tree Protection and Replacement Fund.

 

  1. In considering Tree Protection Plans and/or Tree Replacement Plans, the Village of Cornwall-on-Hudson Planning Board may refer the same to the CCAC for advisory comments. Upon such referral, the CCAC shall provide any comments within thirty (30) days of the date of such referral.

 

  1. All trees to be preserved during construction shall be conspicuously marked as outlined in Tree Protection Plan and TPZ.

 

 

§ 153-6. Trees and public utilities.

 

  1. No street trees, other than those species listed in the Village of Cornwall-on-Hudson Official Replacement Planting List, or as approved by the Planning Board in connection with any activity or required approval defined herein, as small canopy trees suitable for planting near utility wires by any utility company, may be planted under or within 10 feet 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:

 

            (1) Trees up to and including eight inches DBH (25 inches                           circumference): $500 per tree.

 

  1. Trees greater than eight inches DBH (25 inches circumference) and up to and including 12 inches DBH (38 inches circumference):

     $1,500 per tree.

  1. Trees greater than 12 inches DBH (38 inches circumference):

$3,000 per tree.

 

  1. Public/Street trees, trees within a NYS- or Village-regulated wetland , watercourse or wetland/watercourse buffer, or in steep slopes: $4,000 per tree.

 

  1. Designated, Specimen, or Landmark Trees: $5,000 per tree.

 

  1. Trees within a Tree Protection Plan area, a conservation easement area, or Protected Trees: $7,500 per tree.

 

  1. Fines per tree shall be doubled in the event that more than five regulated trees on a site are cut down, removed, topped, excessively pruned, injured, damaged, wounded, girdled, broken, killed, destroyed, or for any act committed which will lead to the eventual removal of such tree without an approval, or, if clear cutting has been determined to have taken place, or, if any tree is cut down, removed, topped, excessively pruned, injured, damaged, wounded, broken, killed, destroyed, or any act is committed which will lead to the eventual removal of such tree, while an application is pending.

 

§ 153-8. Bonding requirements.

 

    1. The Planning Board shall require that, prior to the commencement of work under an approval granted  for Land Development Activity or Clear Cutting pursuant to this chapter, the Applicant shall post a cash, letter of credit, or surety performance bond with the Village in an amount sufficient to pay for the cost of replacement trees which the applicant is being required to plant. Such performance security shall remain in effect until the Planning Board certifies that the work outlined in an approved Tree Replacement Plan has been completed.

 

    1. The Planning Board shall require a maintenance bond for a period of one year from the date of Land Development Activity or Clear Cutting completion to be used for the purpose of replanting trees planted under the Tree Replacement Plan that do not survive. The amount of the maintenance bond shall be determined by the Planning Board but shall not be less than 10% of the amount of the performance bond."

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