Tree removal permit.
A. Purpose and applicability. See
§ 360-4.4C.
B. Procedure.
(1) Step one: Application submittal. Applicable.
(2) Step two: Determination of application completeness. Applicable.
(3) Step three: Application referral, review and staff report. Applicable.
(4) Step four: Public notice. Not applicable.
(5) Step five: Public hearing. Not applicable.
(6) Step six: Decision and findings. Applicable.
C. Criteria. Where an application is submitted to the Planning Board to remove a significant tree, said permit may be granted only for the following reasons and under the following conditions:
(1) Where the location of an existing significant tree provides no alternative but to place a proposed structure outside the permitted building setbacks, and only if a significant tree or trees to be removed are replaced elsewhere on the property or in the immediate neighborhood.
(2) Where no other alternative exists for the placement of a building, building addition, structure, septic field, driveway, deck, patio, lawn area or garden area other than in the vicinity of an existing significant tree, and only if a significant tree or trees to be removed are replaced elsewhere on the property or in the immediate neighborhood.
(3) Where the area proposed for significant tree removal is to be occupied by a power, drainage, sewer or other utility easement or right-of-way; or where the area of tree removal is 20 feet or less from either side or around the perimeter of the foregoing, and only where there is no viable alternative route for such right-of-way, and only if a significant tree or trees to be removed are replaced elsewhere on the property or in the immediate neighborhood.
(4) Upon the express written finding of an arborist licensed in the State of New York that the proposed significant tree removal will not result in or cause, increase or aggravate any of the following conditions: impaired growth or development of the remaining trees or shrubs on the property of the applicant or upon adjacent property, soil erosion, sedimentation or dust, drainage or sewerage problems, or any other dangerous or hazardous condition, and only if a significant tree or trees to be removed are replaced elsewhere on the property or in the immediate neighborhood.
(5) Where the tree removal would not:
(a) Have an adverse impact upon existing biological and ecological systems.
(b) Affect noise pollution by temporarily increasing noise levels to such a degree that a public nuisance may be anticipated or by significantly reducing the noise dampening effect of vegetation near sensitive noise receptors.
(c) Affect air quality by significantly affecting the natural cleansing of the atmosphere by vegetation.
(d) Affect wildlife habitat available for wildlife existence and reproduction by causing emigration of wildlife to adjacent or associated ecosystems, and only if significant tree or trees to be removed are replaced elsewhere on the property or in the immediate neighborhood.
