http://www.pcnr.com/News/2003/1029/Front_Page/059.html

Putnam Valley Adopts New Tree Protection Law And Amends Zoning Ordinance

by Edward Paul Greiff
(Originally Published October 29, 2003)

It took almost two years and the combined efforts of the Committee for the Conservation of the Environment (CCE), liaison councilman Robert Tendy, Town Attorney William Zutt, the Town Board and Town Supervisor, Code Enforcement Officer and Building Inspector Irv Sevelowitz, the Planning Board, Zoning Board of Appeals, the Building Department, and numerous public hearings, to come up with a tree law for Putnam Valley that could finally be adopted.

On Wednesday, October 22, two new historic laws were adopted by the Town of Putnam Valley: Local Law 7-2003 to regulate the cutting of trees in the Town of Putnam Valley; and Local Law 8-2003 to amend the Zoning Ordinance of the Town of Putnam Valley adopted March 1, 1995 by adding a new Article VA entitled Tree Protection. Both laws will take effect upon filing with the New York Secretary of State.

The biggest question posed to the Town Board by the audience was how the new laws would be enforced.

Supervisor Santos responded by comparing the tree law to the laws regarding stop signs and red lights: the law says you can’t go through them, yet some people do, but most of the people follow the law. The members of the Town Board supported this position and said you first start by getting a law on the books and them modify it wherever necessary to make it work. The new tree law and zoning changes give the various boards, inspectors, and commissions new tools to regulate tree cutting in Putnam Valley.

The Tree Protection Law regulates two forms of activity: 1) tree cutting in any of the regulated zones of any lot; and 2) clear cutting.

The regulated zone of the lot is defined as a strip of land twenty feet wide measured inward from the properties perimeter at all points. A tree is considered to fall wholly within this regulated zone if any portion of its trunk falls within the regulated zone.

A tree is defined as "A woody perennial, either deciduous or coniferous, having a diameter six (6) inches or greater measured four and one half (4 ½) feet above ground. "

Certain species are exceptions, such as Poison Sumac and other nuisance weed trees.

The second regulated activity is clear-cutting. This is defined as the removal of thirty percent or more of the trees within a 10,000 square foot area on any lot.

Mr. Zutt explained, "That definition essentially repeats the definition of clear cutting as it appears in the Freshwater Wetlands ordinance with one exception there is no time limit on this definition. That is to say removing 30% of the trees within 10,000 square feet of any lot at one time or over the course of time will violate the provisions of this ordinance unless the permit were obtained. Under the Freshwater Wetlands law there is a two year time period. This is somewhat more restrictive than the Freshwater Wetlands law."

Specifically excepted from the covenants of this law are:

§ -Logging operations for which a separate special use permit has been granted by the Planning Board under Chapter 140 (Forestry) of the Putnam Valley Code.

§ - Tree cutting on lots for which Certificates Of Occupancy exist for all improvements upon such lot as follows:

1. Within fifteen (15) feet of an existing building or proposed addition and within the footprint of any proposed addition.

2. Within five (5) feet of an existing or proposed subsurface structure such as a septic tank or field, or other subsurface improvement or within the septic field area as required by the Putnam County Health Department.

3. Within three (3) feet of an existing or proposed sidewalk or driveway or within the area occupied by a proposed driveway or sidewalk.

§ - Tree cutting authorized and conducted in accordance with a Tree Plan approved by the Planning Board as part of a Development Approval Plan or Site Plan.

§ - The cutting of up to 3 non-specimen trees within the Regulated Zone in one 12-month period by any owner or combination of owners.

Specimen trees protected under Tree Law 7 include such trees as Sugar Maple, White Birch, Hickory, Dogwood and many others listed in Article 24 of the New York State Environmental Conservation Law.

The approving authorities under this law can be the Zoning Board of Appeals, Planning Board, the Town Board or the Code Enforcement Officer depending on the type and extent of tree removal and its purpose.

There is a fourteen-step application procedure required to obtain a permit under the Tree Protection Law. Notices of the application have to be sent to the zoning property owners and too those across the street from the involved property. A public hearing has to be conducted by whichever agency has jurisdiction over that application.

Attorney Zutt said, "It is not mandatory that the Building Inspector hold a public hearing for a permitting application submitted to him although he has the legal right to conduct one if he chooses to do so."

"Section 7 D of this law, Public Hearing, requires that if there is to be a public hearing under this tree cutting law it shall be conducted at the same time and with the same notice as the public hearing being conducted for any other approval being required in conjunction with the tree cutting."

The idea behind this is to run parallel public hearings and to require the same notices to be issued for both public hearings. This law also requires the Planning Board to hold a public hearing on all pure clear cutting operations that come before them for approval.

Standards have been established for approving tree cutting and include the following additional standards: trees shall be felled so that erosion is avoided, debris kept at least twenty feet from all public roads, specimen and protected trees should be preserved where feasible and practical, and the approving authority may require the replanting of trees as a condition of permit approval.

Penalties for violating the Tree Protection Law include: a fine of $20 per inch of tree diameter for each tree unlawfully removed, as measured at the stump. The fine is doubled for each subsequent offense and may carry with it imprisonment of up to fifteen (15) days.

"In addition, violators will be liable to the people of the Town of Putnam Valley for a civil penalty not to exceed one thousand five hundred dollars ($1,500) for every such violation. In addition to the above penalties, the Town Board shall have the right to seek equitable relief to restrain and/or remedy any violation of any provision of this Chapter."

The law further specifies that no building permit, temporary certificate of occupancy, or permanent certificate of occupancy will be issued to any lot for which a Notice of Violation has been issued until the violation has been remedied to the satisfaction of the Approving Authority or dismissed by a Court of competent jurisdiction.

Local Law 8-2003 amends Putnam Valley’s Zoning Ordinance by adding a new article VA entitled Tree Protection and by amending Articles IV and V so as to require submission of Tree Plans in conjunction with all Site Plans and Development Approval Plans, and by prohibiting site disturbance pending approval of Site Plans and Development Approval Plans.

Article VA-Tree Protection adds the following additional requirements to Chapter 165, Section 165-21A:

1. Development applications need to include twelve (12) copies of a tree plan designating the trees to be removed, trees to be saved, and trees to be planted and show the location, size, and types of trees.

2. If the trees to be removed cover an acre or more in the aggregate, the area proposed for tree removal shall first be reviewed by a consulting forester or certified arborist to be retained by the applicant to advise the applicant in writing concerning the environmental impact of the proposed tree removal operations.

3. A Certificate of Occupancy will not be issued until all trees designated by the Planning Board for preservation and all trees to be planted "shall in fact be in existence."

The Putnam Valley Town Board received a standing ovation when they concluded this historic meeting of October 22, ushering in a new era in tree protection in Putnam Valley.