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HomeMy WebLinkAboutTree Ordinance 2002 ~,ECEIVED ~A~ 19 ~QQ~ 1-! NDRAFT- March 18, 2002 TREES, GRADING AND LAND CLEARING Legislative intent. The tangible benefits that trees provide include but are not limited to: barriers to soil erosion, decrease surface runoff, protect environmentally sensitive areas, decrease municipal costs, increase the value of improved and unimproved real property. It is this Town Board's intent and desire to enhance the aesthetic qualities of lands within the town attributable to existing natural vegetation and to preserve the rural character of the town. 1-2 Approval required for clearing and grading. 1-3 1-4 A. No person, firm or corporation or entity shall cut down, destroy or remove natural vegetation and/or trees or in any way clear or grade any vacant parcel of land or any undivided parcel of land, without first having obta'med the written approval of the Building Department. The Building Department shall have the authority to waive this requirement. Th/s chapter permits normal maintenance activities, including pruning and thinning of natural vegetation, and/or landscape vegetation and/or the removal of diseased or dead trees and/or other vegetation. Definitions As used in this chapter, the following terms shall have the meanings indicated: NATURAL VEGETATION - Existing and naturally occurring indigenous vegetation which grows and is maintained without need of irrigation or applications of fertilizers, pesticides, herbicides or other substances. UNDIVIDED PARCEL OF LAND - Any area of land, which has not been divided into lots on a filed subdivision map, also known as "described property." LANDSCAPE VEGETATION - Approval Procedure A clearing permit issued upon approval by the Building Department shall be required for the removal of any natural vegetation, including but not limited to trees, or in any way clearing or grading of any vacant parcel or any undivided parcel of land. -1- B. The Clearing Standards set forth at Table 1 herein shall apply with respect to all parcels of 10,000 square feet or larger. Parcels with an area less than 10,000 square feet shall be subject to clearing limits as shall be determined by the Building Department. C. Administration. This chapter shall be administered by the Building Department which shall have the authority to promulgate rules and regulations for the effective administration of this chapter consistent with the legislative intent of this chapter. The Building Departmem shall have the authority to delegate the administration of this chapter to its departmental personnel. D. Application; issuance of permit. (1) Every applicant for a permit required by this chapter shall submit an application to the Planning Board on such form as may be prescribed by the Building Department. Said application shall include the following information unless, waived by the Building Department: The name and address of the applicant and owner, if not the The purpose of the proposed tree or vegetation removal or grading activity. The site of the proposed activity. A site disturbance plan of the premises subject to the application clearly indicating the following: [ 1 ] An outline of existing wooded areas and naturally vegetated areas on the site with proposed changes. [2] The location of all improvements, if any, on the subject property. [3] A topographical survey (one-inch-equals-twenty- foot scale) where grading is proposed. [4] The location of existing trees which exceed four inches in diameter as measured four and one half feet above the base of the think. (a) (b) (c) (d) (2) In acting upon the application, the Building Department shall take into account the following criteria and considerations: (a) The location, type and size of the tree(s) and/or vegetation to be removed. (b) The condition of the tree(s) and other vegetation with respect to disease and potential for creating hazardous conditions. (c) The proximity of the tree(s) and other vegetation to existing or proposed structures and utility appurtenances. (d) The need for the site clearing and removal of vegetation or grading and tree(s) as proposed. (e) The environmental effect of the proposed clearing and/or grading. (f) Any of the considerations enumerated in the legislative intent of this chapter. (3) The Building Department shall refer the application to a certified arborist or an Advisory Committee for appropriate review and advisement (4) The Building Departement shall evaluate the considerations set forth in this section and any other criteria as the Building Department deems appropriate, as well as the advice and recommendations of the certified arborist or Advisory Committee. (5) The Building Department shall advise the applicant, in writing, of its decision on the application and, upon the favorable determination of such application, shall issue a permit therefore, with conditions if any. E. Prior to the granting or withholding of approval, the Building Department shall perform a site inspection to evaluate the trees, shrubs, natural vegetation, drainage and other physical conditions existing on the property and adjacent property. The Building Department shall approve the application upon a finding that the cutting, destruction, removal, clearing or grading to be permitted would not impair the growth and development of the rema'ming trees, shrubs and other vegetation on the property of the -3- 1-5 applicant, would not impair existing drainage patterns, would not cause soil erosion and/or impair the stability of the land, would not significantly lessen property values in the neighborhood and would not substantially impair the aesthetic values of the area. The Building Department shall be guided, by the intent of tkis chapter as set forth in l-1. The Building Department shall have the authority to require reasonable conditions, in order to effectuate the purpose of this chapter, to the grant of approval hereunder. Failure to comply with such conditions shall be a violation of this chapter. The Buildifng Department shall render a written decision granting or denying the application within 60 of the date of the application and, as appropriate, shall issue the permit. The decision and permit shall contain the conditions, if any, of the approval or shall contain the reasons for disapproval if the application is denied. The applicant shall have 30 days from the date of disaproval to appeal the decision of the Building Department. The applicant shall appeal a disaproval to the Zoning Board of Appeals (ZBA). The Zoning Board of Appeals, in any case, may on its own motion approve, reverse, disapprove or modify and approve, the authorization and approval of the Building Department. The ZBA may return the matter to the Building Department for further consideration. Exemptions. A. SurYeying and soil investigating activities. Destruction or removal of trees or other natural vegetation incidental to surveying and soil investigation activities shall not be tmdertaken for any parcel of property of any size unless such destruction or removal is in conformity with a clearing plan approved by the Planning Board pursuant to the provisions contained hereunder. (2) Prior to destruction or removal of trees or other natural vegetation incidental to surveying and soil investigation activities, the property owner, or designee, shall apply to the Building Department for permission to remove or destroy trees or other vegetation in order to tmdertake said activities. No trees or natural vegetation may be destroyed or removed except in conformity with an approved clearing plan. -4- (3) Said application shall be accompanied by a topographical map of the site; in addition, the Building Department may require ,an aerial photograph. In the event that the applicant is applying tbr approval to construct test holes for soil analyses and grotmdwater monitoring, the applicant shall provide a map from the Suffolk County Department of Health Services indicating their approved test hole and well sites. The applicant shall indicate on the topographical map and on the aerial photograph thc boundaries of the site and the extent of clearing needed for the surveying and soil investigation activities, (4) The fee for said application shall be $50 for each existing or proposed residential lot and $150 per nonresidential lot. (5) The application shall be on such form and conta'm such information as may be required by the Building Department, and, in approving said application, the Building Department may limit the amount of tree and vegetation destruction or removal contemplated by the applicant. Any person doing business as a public utility subject to the jurisdiction of the New York State Public Service Commission and any duly constituted public agency authorized to provide utility services shall not be exempt from this chapter. in the event that building permits have not been issued for any previously approved subdivision map(s) or site plan, this chapter shall apply, and no building permit shall be issued until all applicable provisions of this chapter have been complied therewith. 1-6 Enforcement. The certified arborist or code enforcement officer for the Town of Southold shall enforce this chapter. -5- 1-7 Applicability 1-8 This chapter shall not apply to any agency oftbe Town of Southold or to any person, finn or corporation working under the direction of the Town Penalties for Offenses Each violation of this chapter shall be punishable by a penalty or fine not exceeding $1,000 or imprisonment for not more than 15 days, or both. In addition, any person, firm, corporation or entity violating this chapter may be required by the Building Departmem to replace each and every tree and/or natural vegetation cut, destroyed or removed and/or replace the original grading of the parcel of land upon which such violation occurred. Tree replacemem will follow tree replacemem Density Formula as outlined in "Tree City Bulletin No. 31 of the The National Arbor Day Fotmdation as annexed hereto and made a part hereof. It shall be considered a separate and distinct offense on each day during which or on which a violation occurs or continues. Second Draft draft 8/30/00 -6- fREES, OP. ADING, ETC Table 1 CLEARING STANDARDS Standards mc!ude buifdin9 lots, roads, drair~age and other improver~qenfs Land Use Category Lot size (sq, feet) Acreage } Dletrtct Use Rea!dentlat Zoning .... J__~[~ ............ ~, 2~ ..... L__ Illsingle family 15 000 O 34 I single family ___ 18,500 042 I t'wo family 20,000 0,46 _. 22,500 .......... 0,52 _~L~ 30,000 067 ._ 43,500 to 128,~ ....... 1 0 to 3.0 128,000 to 174,000 3,0 Jo 4,0 40t050 two family, comer lots single family single family single family undivided undivided Maximum site clearing (percent of area) Commercial and industrial - Other or mixed use NOTE: The pre,erred areas in a developed lot ~hould be hear~h¥, nattlrel vega[dijon. These ~tanda¢~s are ¢,e mammums and 2 11.8 is m~nimum