Summary of Proposed Scarsdale Village Tree Ordianance
Chapter 281 of the Village Code
The information provided here is an attempt to enlighten and engage LWVS members in the ongoing discussion about the proposed local law designed to regulate trees throughout the Village. The Mayor and Village Trustees are seeking public comment on September 23, 2008. The League will hold a consensus meeting prior to this date. You will receive a postcard shortly with the day, time and location of that meeting. In addition to this summary, you may find information on the League website at www.lwvs.org by clicking on the Tree Ordinance Study tab.
This proposal will impact every homeowner in Scarsdale. Please make every effort to attend the upcoming consensus meeting . Please contact Lauri Carey at lauricarey@hotmail.com with any questions or comments.
ARTICLE I details the proposed tree law relating to non-public (private) property. A summary of each section of ARTICLE I is provided below:
Intent
The intent of the proposed statute is to protect health, safety, the environment, to help reduce runoff into the storm system, which would mitigate flooding, and to generally enhance the quality of life in Scarsdale Village.
Prohibited Acts, Removal of Trees on Non-Public Property
The statute outlines what would and would not be allowed by private property owners. No one will be allowed to destroy any tree exceeding 6 inches in diameter at a height of 4.5 ft, within 5 ft of any property line, or remove prescribed trees in a 12-month period without a Tree Removal Permit.
The private property owner would be able to remove 3 trees or less in a 12-month period provided they are not protected trees, and that replacement trees are planted. An emergency removal is allowed, as is removal of a dead, hazardous, or diseased tree as determined by a Tree Expert.
A person or party, who has received a permit for development of any kind that includes removal of trees, must comply with the terms of the permit, and in addition, apply to the Village Engineer for a Tree Removal Permit. If a tree has been designated to be saved by the Planning Board, Board of Appeals or Board of Architectural Review, a Tree Removal Permit will not be issued, unless there is due cause as indicated above.
Tree Expert and Permits and Applications
The Village will employ or retain a Tree Expert. Permits will be granted by the Village Engineer, or designee if the property owner submits a report from the Tree Expert indicating: hardship or endangerment; a tree is substantially interfering with permitted use of the property; the tree is infested; the tree is located near improvements; the tree is to be removed due to storm damage. The Village Engineer will have the final determination, and can override other notices if there is an emergency situation.
There is a requirement that replacement trees be planted at the owner’s expense. If this is not possible, the permit applicant may be required to make a payment to the Tree Preservation Fund in an amount comparable to replacement.
An application for a Tree Removal Permit must be done in writing to the Village Engineer, who will have the right to ask for detailed, drawn plans, require that a Tree Expert be retained by the applicant, and/or require a performance bond or cash deposit be held that would cover the planting and restoration work that would follow any tree removal. The Village Engineer would have 90 days to approve or deny a Tree Removal Permit, and would also be able to issue a Stop Work Order if the work was not proceeding according to the requirements of the permit.
Restoration and Replacement
All persons who remove trees or cause trees to be removed are responsible for replacement whether they received or Tree Removal Permit or not. If replacement is not possible, a payment to the Village will be required. Tree stumps have to be removed. All restoration work must be completed within one year from the date the Tree Removal Permit was issued, unless the Village approves an extension.
Enforcement
If a person violates the provisions set forth, a fine of not less than $250 shall be levied, and/or imprisonment for a period not to exceed 15 days will be enforced. In addition the Village may impose a civil penalty of $100 for each day of the violation for each tree.
The additional Articles II (new), III (existing), IV(existing), V, and VI address rules and rights related to public right of ways. The articles talk about distributions lines for utilities, the contribution that tree removal has on stormwater and drainage, infestations, harmful plants, protected trees, the interfacing of private property owners with trees in public areas, dumping of deleterious substances. Rules apply in all of these situations with potential fines and jail time applied for violations.
For a detailed report of all articles, please of the Village Scarsdale website at www.scarsdale.com
