Thread: Tree Preservation

I found this while doing a little housekeeping. Thought you guys might find it interesting. Bedford is known for being very strict about tree care.

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Also available at: http://www.bedfordny.com/town/code/tree.htm

Chapter 112

TREE PRESERVATION

§ 112-1. Purpose.
§ 112-2. Definitions.
§ 112-3. Administration and enforcement.
§112-4. Tree removal permit required.
§ 112-5. Permit applications.
§ 112-6. Conditions for granting permit.
§ 112-7. Fees.
§ 112-8. Penalties for offenses.
§ 112-9. Appeals.
§ 112-10. Severability.
§ 112-11. When effective.

[HISTORY: Adopted by the Town Board of the Town of Bedford 8-13-1986. Amendments noted where applicable.]

GENERAL REFERENCES

Subdivision of land-See Ch. 107.

§ 112-1. Purpose.

A. The Town Board finds it has been established that trees stabilize the soil and control water pollution by preventing soil erosion and flooding, reduce air pollution, provide oxygen, yield advantageous microclimatic effects, temper noise, provide a natural habitat for the wildlife of the town, and further, that unusual, large and old trees have unique aesthetic and historic values. Indiscriminate removal of trees causes deprivation of these benefits and disrupts the town's ecological systems. It is, therefore, the purpose of this chapter to prevent the indiscriminate or unnecessary destruction of trees within the Town of Bedford.

B. The town, furthermore, takes note of the findings of the New York State Environmental Quality Review Act, among them being the obligation of the town to serve as a steward of air, water, land and living resources and the obligation to protect the environment for the users and further generate t is the intent of the town to recognize these responsibilities in part by providing these procedures as well as to preserve the health and welfare and rural character of the community which is reflected in the woodlands of the Town of Bedford.

§ 112-2. Definitions.

As used in this chapter, the following terms shall have the meaning indicated:

D.B.H. (DIAMETER BREAST HEIGHT)-The diameter of a tree measured at a point four and one-half (4 1/2) feet above the ground.

LANDMARK TREES-Tree or trees as defined on a list of trees enunciated and established by the Bedford Town Board, with such list being filed in the office of the Bedford Town Clerk.

TREE-A living woody plant with an erect perennial trunk four (4) inches or more d.b.h. with a definitely formed crown of foliage and a total height of at least thirteen (13) feet from the ground.

§ 112-3. Administration and enforcement.

A. The Town Board designates the Building Inspector and Code Enforcement Officer to administer and enforce this Tree Ordinance.

B. The Building Inspector and Code Enforcement Officer shall perform the following duties:

(1) Receive and keep accurate records of tree removal permit applications.

(2) Inspect the trees described in each application.

(3) Determine the disposition of the application based on the standards for granting permits described in § 112-4C.

(4) Carry out such other duties as may be assigned from time to time by the Town Board.

§112-4. Tree removal permit required.

A. General regulations. A tree removal permit will be required before removing:

(1) Trees twelve (12) inches and over d.b.h., on parcels of land of five (5) acres or more or on any parcels of land without residence structure.

(2) Trees growing on slopes over twenty-five percent (25%).

(3) Any threatened or endangered species of tree as defined by the New York State Department of Environmental Conservation or landmark tree, as defined by the Bedford Town Board, regardless of size.

B. Exceptions. Trees may be removed as may be necessary to maintain town, county, state or utility rights or to control forest fires.

C. Standards for the granting of permits. The granting of a tree removal permit by the Building Inspector shall be based on the following criteria:

(1) The physical condition of the tree.

(2) The proximity of trees to existing or proposed improvements if located:

(a) Within fifteen (15) feet of a foundation wall.

(b) Within three (3) feet of a sidewalk or driveway.

(c) Within ten (10) feet of a cesspool, dry well, septic tank or other subsurface improvement.

(d) Within five (5) feet of a roadway.

(3) The effect of the removal on the ecological systems, including the erosion potential of the property.

(4) The effect on the area of removal as determined by accepted tree management practices.

(5) The effect of the removal on the property values and aesthetics of the neighborhood.

(6) The effect of the removal on the solar access of existing or proposed structures on the property.

D. Other permit deemed approval.

(1) Where tree removal is proposed in connection with any site plan or subdivision application submitted or to be submitted to the Planning Board for approval, trees shall be removed from the affected property only in conjunction with an approved final subdivision plat or final site plan. The Planning Board shall apply the same criteria and procedures set forth herein for tree permits granted by the Building Inspector.

(2) Subdivision construction plans or site plans approved by the Planning Board showing trees to be removed and trees to be preserved shall be deemed a tree removal permit for the removal of trees so designated.

(3) The Planning Board, in connection with any site plan or subdivision application, may require the planting of trees to replace trees removed from the affected property prior to site plan or subdivision application. The Planning Board may require moving or relocating other structures in order to preserve trees considered by the Board to have particular value. The Planning Board may refer such subdivision construction plans or site plans to the Building Inspector for his/her recommendations. The Planning Board may designate certain trees to be preserved and specify means for their preservation during construction.

§ 112-5. Permit applications.

The applicant shall file three (3) copies of the tree removal permit application with the Building Department. The application shall include the following information:

A. Name and address of the applicant.

B. Address and Town Tax Map designation of the property on which the tree(s) is/are located.

C. Total land area involved in cutting operations.

D. The number of trees to be removed.

E. The purpose of the tree removal.

F. A survey of that section to be disturbed showing the location of all trees regulated herein to an accuracy of one (1) foot, indicating those trees to be removed and those trees to be preserved, their species and their diameter. In the case of site plans and subdivisions, the tree survey shall be submitted to the Planning Board as a part of the site plan or subdivision construction plans.

G. Where no subdivision or site plan is involved, the survey requirement may be eliminated and a simple sketch drawn by the applicant may be substituted for Subsection F above.

§ 112-6. Conditions for granting permit.

The Building Inspector may, as a condition of granting a permit:

A. Require the reasonable relocation of proposed foundation walls, driveways, surface and subsurface improvements or drainage systems to preserve specific trees.

B. Regulate the days and hours of operations.

C. Require a performance bond to insure compliance with this chapter.

D. Require that each tree to be cut or removed has been marked at two (2) points, one (1) low enough on the stump to be visible after removal of the tree.

E. Require such safeguards as appropriate to minimize the environmental impact of such removal operations.

§ 112-7. Fees.

A tree removal permit application shall be accompanied by a fee to be determined by the Town Board and set in the Fee Schedule except when the applicant is the Town of Bedford.

§ 112-8. Penalties for offenses.

Any person, firm or corporation violating any of the provisions of this chapter shall be guilty of an offense, which shall be punishable by a fine of not more than two hundred fifty dollars ($250.), by imprisonment by not more than fifteen (15) days, by a direction or order of a court directing a violator to replace any trees removed with new trees, as selected by the Building Inspector, and planted within a specified time, or by all of the above. The replacement trees must be at least three (3) inches d.b.h. Where such direction is made, no building permit, certificate of occupancy or certificate of compliance shall be issued until such replacement has been completed.

§ 112-9. Appeals.

Any applicant aggrieved or affected by the determination of the Building Inspector shall have the right, within ten (10) days from the date of action by the Building Inspector, to appeal to the Zoning Board of Appeals and shall state the reason for the appeal. The Zoning Board of Appeals shall render a decision on the appeal within sixty (60) days of appeal.

§ 112-10. Severability.

Should any paragraph, section or portion thereof of this chapter be declared by a court of competent jurisdiction to be invalid or unlawful, the same shall not affect the remainder of this chapter as a whole or any part thereof other than the part so declared to be invalid.

§ 112-11. When effective.

This chapter shall take effect immediately.

When looking at these ordinances, I start at the bottom line. 15 days in the pokey sounds like the town takes its trees seriously, but after that comes the fudge. Bldg Inspector has total discretion to enforce, and can require only a 3" replacement for loss of a huge tree.
An ordinance with teeth requires inch-for-inch, and that's cross-sectional inch, not dbh--big difference. Bedford's ahead of the average in acting to preserve the value trees deliver to its citizens, but it needs to tighten up its enforcement section or it'll be ignored.

Guy, I had been working at a house a couple years ago. A neighbor had just knocked down their house in order to put up a newer, and bigger house. They cut down a bunch of trees without permits... and now the town is suing them. I don't think they are going for a measley $250.00 Also, I believe that they state that the tree will be at LEAST 3"

Originally posted by treeman82
now the town is suing them. I don't think they are going for a measley $250.00
$250./tree is all the ordianance allows. Each tree cut is a violation. Or can the suit go beyond $250/tree?
Also, I believe that they state that the tree will be at LEAST 3"

OK, so an aggressive town can demand more. But without citizen pressure, the violator can still get off easy. Watch out for the appeal too, even big judgments get knocked back there if citizens lose interest. Let us know when it's resolved and the check is written.

Hint--newspaper reporting is the best vehicle for adequate enforcement.

Mnay builders see the fines as the price of doing buisness and build the cost in. Pay the fines and stick a few dinky, budget quality replacements in

I just checked my written copy against what Nick posted. The written copy has a LOT more stuff in it. Thanx though Nick. I recieved the written copy back like a year and a half ago from the woman who is the head of the tree board. I can always give her a call and ask if it has been revised. The tree board consists of this woman, who is a CA, and a couple other CA's. A number of them have degrees in the industry, and one or two have their own companies.

Originally posted by Guy Meilleur
OK, so an aggressive town can demand more. But without citizen pressure, the violator can still get off easy. Watch out for the appeal too, even big judgments get knocked back there if citizens lose interest. Let us know when it's resolved and the check is written.

Hint--newspaper reporting is the best vehicle for adequate enforcement.

Have you been to a community that has rules like this? Take a stroll through the Chicago suburbs, and you'll find how awesome the results are. My friend works in one of them, and his town has massive houses built right into the woods. If trees die, he'll write up the owner. Period.

It's far better than nothing, and it funds the forestry department if people choose to abuse the rules. More than anything, though, a prudent person will think carefully before building. And if a tree will cost them $20,000, they will think very carefully. I've seen the results, and I like them.

Originally posted by Nickrosis
Have you been to a community that has rules like this? I've seen the results, and I like them.

Me too! I'm working in one today, a historic district that requires a detailed diagnosis for every removal. I took two trees with major defects off a lot and am now documenting reasons a big elm has to go.

It was a tough decision; every method of preserving it was explored. They require pictures, measurements, and reference to the science behind every move. They even ask for detailed descriptions of the amount and type of pruning done.

What this oversight does is push the arborist to think about every move; he can get fined if it's wrong or unapproved. I like the effects of these ordinances when they are well written and well applied.
PS The homeowner likes them too; well worth the expense iho.