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[HISTORY: Adopted by the Board of Trustees of the Village of Ossining 1-16-2007 by L.L. No. 2-2007; amended in its entirety 6-18-2025 by L.L. No. 3-2025. Subsequent amendments noted where applicable.]
ATTACHMENTS
Attachment 1 - Attachment AImage
A. 
There is a direct relationship between the number of trees planted in a community and the health, safety and welfare of that community. The trees in the Village of Ossining are a valuable resource which serve to benefit the entire Village and surrounding area through one or more of the following:
(1) 
Providing shade and cooling the air, ground, and buildings.
(2) 
Add color.
(3) 
Diffusing glare.
(4) 
Temper noise.
(5) 
Reducing soil erosion, especially on steep slopes.
(6) 
Absorbing runoff from stormwater and reducing the possibility of flooding and erosion.
(7) 
Providing habitat for wildlife and an ecological niche necessary for the protection of species.
(8) 
Buffering view of development and maintaining the existing character of the Village.
(9) 
Reducing air, soil, and water pollution.
(10) 
Balancing the oxygen in the air by reducing carbon dioxide.
(11) 
Reducing wind, resulting in energy efficiency for the heating of buildings during winter.
(12) 
Contributing to the significance of historic buildings, structures, and places in the Village.
(13) 
Providing satisfaction for an individual's psychological and aesthetic needs.
(14) 
Providing a renewable resource which supplies fuel, building materials and food.
B. 
Indiscriminate or unnecessary destruction of trees causes deprivation of these benefits. Furthermore, the destruction of trees causes increased municipal costs for proper drainage control and impairs the benefits of occupancy of existing residential properties. In order to provide protection against the indiscriminate destruction of trees, this document establishes minimum standards for tree protection.
The Village of Ossining, furthermore, takes note of the findings of the New York State Environmental Quality Review Act,[1] among them being the obligation of the Village to serve as a steward of air, water, land and living resources and the obligation to protect the environment for the use of this and future generations. It is the intent of the Village to recognize these responsibilities in part by providing these procedures as well as to preserve the health and welfare and character of the community.
[1]
Editor's Note: See Article 8 of the Environmental Conservation Law.
As used in this chapter, the following terms shall have the meanings indicated:
APPROVING AUTHORITY
Any person or group of people defined in this chapter who shall have jurisdiction over the issuance or denial of a tree removal permit.
ARBORIST
An individual who specializes in and is trained in the art and science of planting, caring for, and maintaining trees, and is certified with the National Arborists Association, International Society for Arboriculture or possesses similar qualifications.
CLEAR-CUTTING
Removal of five or more trees with a six-inch DBH or greater on any given lot within a twelve-month period.
CROWN
All portions of a tree, excluding the trunk and roots, such as branches, leaves, flowers and other foliage.
DAMAGE TO A TREE
Any action that results in the removal of more than twenty-five per cent of the tree's crown or otherwise damages the tree's structure.
DIAMETER AT BREAST HEIGHT (DBH)
The diameter of a tree measured at a point four and one-half feet above the ground.
PERSON
An individual, corporation, limited liability company, partnership, limited partnership, business trust, estate, trust, association or any other legal or commercial entity of any kind or description.
PUBLIC PLACES
Any land owned by the Village of Ossining or any other governmental entity, including the right-of-way of any road.
SIGNIFICANT TREE
A list of trees or groves of trees determined by the Village Board on the recommendation of the Environmental Advisory Council to be significant on the basis of specimen quality, historical significance or other unique characteristic and which designation has been consented by the property owner.
TREE
Any woody plant having at least one well-defined trunk with at least a DBH of four inches and having a clearly defined crown.
TREE BANK
Village-owned lands or Village right-of-way lands designated by resolution of the Board of Trustees as receiver sites for off-site mitigation plantings to satisfy tree replacement requirements which cannot be met on site.
TREE BANK FUND
A fund to be established by and administered in accordance with a Board of Trustees' resolution providing for the payment of fees as mitigation for removal of trees where tree replacement requirements cannot be met on site.
TREE REMOVAL
Any act which will cause a tree to die within a one-year period.
TREE REMOVAL PERMIT
Written authorization pursuant to this chapter to remove, alter, cut or otherwise destroy or injure a tree.
A. 
Trees on public property.
(1) 
The Village Engineer is the approving authority and responsible for all trees planted or growing within public places except for Village-owned parkland. For trees in public places except for Village-owned parkland, the Department of Public Works shall trim, spray, preserve, plant, and, where necessary, remove such trees to preserve tree health, appearance and symmetry, protect public improvements and the public.
(2) 
The Superintendent of Parks and Recreation is the approving authority and responsible for all trees planted or growing within Village-owned parkland and Village-owned property used for park purposes. The Recreation and Parks Department shall trim, spray, preserve, plant, and, where necessary, remove such trees to preserve tree health, appearance and symmetry, protect public improvements and the public.
B. 
Trees on private property.
(1) 
Notwithstanding any other provision in this chapter, any property owner applying for site plan or subdivision approval requiring the removal of any trees on said property shall make an application to the Planning Board of the Village of Ossining, which shall have sole jurisdiction regarding the proposed removal of such trees. The Planning Board is the approving authority and may grant or deny such application on such terms and conditions as it may prescribe.
(2) 
Notwithstanding any other provision of this chapter, any property owner applying for a tree removal permit or building permit not subject to the provisions of Subsection B(1), which would require the removal of any tree(s) on said property, shall make application to the Building Inspector who is the approving authority and shall have sole jurisdiction regarding the proposed removal of such trees. The Building Inspector may grant or deny such application on such terms and conditions as he/she may prescribe, including but not limited to the planting of new trees or other forms of landscaping.
The Board of Trustees hereby designates the Building Department with the responsibility of enforcing this chapter.
The Board of Trustees shall appoint an arborist as defined in § 248-3 to serve as Village Arborist. The Village Arborist shall work with the Building Inspector and Planning Board consulting with property owners on permit procedures, recommend appropriate tree removal and replacement practices, conduct site inspections, and perform such other duties as specified in this chapter and assigned by the Building Inspector and Planning Board.
Except as provided in § 248-8, Activities permitted without tree removal permit, no person shall conduct, directly or indirectly, any of the following activities listed below in the Village of Ossining unless a permit is obtained pursuant to § 248-14, Permit procedures, and § 248-15, Approving authority:
A. 
Removal, as defined in § 248-3 and in Attachment A,[1] of trees located in all Village public places, affixing any wire or electrical device to such trees, or causing any conductor charged with electricity to contact such trees on public lands.
[1]
Editor's Note: Attachment A is included as an attachment to this chapter.
B. 
Tree removal as defined in § 248-3 and in Attachment A of any tree with a DBH of ten inches or greater on private property.
C. 
Clear-cutting as defined in § 248-3 and in Attachment A herein.
D. 
Removal of three or more trees, as defined in § 248-3 and in Attachment A, in any watercourse, waterbody, wetland or wetlands buffer pursuant to § 149-2B.
E. 
Removal of any significant tree or regrading activity or utility excavation within the dripline of any significant tree.
F. 
Removal of trees as defined in § 248-3 and in Attachment A herein for any site plan or subdivision application.
A. 
Removal of any tree not regulated in accordance with § 248-7, Regulated activities; tree removal permit required, of this chapter.
B. 
Removal of any tree under an actual or ongoing emergency condition when such immediate tree removal is necessary for the protection and preservation of life or property and there is no time to wait for the granting of a tree removal permit.
(1) 
Notice of emergency removal shall be filed with the Building Department within thirty days of tree removal. The notice shall include a certification by a certified arborist, retained by the property owner explaining the need for the emergency removal. The Building Inspector or designee may require additional documents regarding the emergency removal.
C. 
In the case of any tree standing on any lot or land with branches projecting over an adjacent lot, the owner of the adjacent lot may trim such overhanging branches up to the property line of the lot where the tree stands so long as the trimming does not cause damage to the tree.
D. 
Removal of any tree that is found to be dead, dying, insect-infested or otherwise hazardous as certified in writing by the Village Arborist or a private arborist engaged by the property owner.
E. 
Forest management activities on properties under § 480-a of the Real Property Tax Law.
F. 
Tree trimming that does not damage the tree.
The Environmental Advisory Council shall compile the Village's Significant Tree List as defined in § 248-3 through nominations from tree owners, the Ossining Historical Society and other interested parties for recommendation to the Board of Trustees for inclusion on the Village's Significant Tree List. Once a tree is designated a significant tree and placed on the Significant Tree List, the tree will remain on the list regardless of a change in the property owner unless the tree is removed following issuance of a tree removal permit pursuant to § 248-7E or where the owner of property where a tree on the Significant Tree List is located requests that the Board of Trustees remove the tree from the Significant Tree List. The request will be referred to the Environmental Advisory Council for a recommendation and following receipt of the Council's recommendation the Board of Trustees shall adopt a resolution removing or retaining a tree on the Significant Tree List.
No person shall place or maintain on the ground in any public place any stone, excess soil or other substance in such manner as may obstruct the free access of air or water to the roots of any tree.
A. 
Trees standing on any lot or land adjacent to any public street or place and having branches projecting into the public street or place shall be kept trimmed by the owner or owners or occupant of the property on which such trees are growing so that the lowest branches shall not adversely interfere with pedestrian or vehicular traffic.
B. 
Any tree which is growing on private property which is endangering or in any way may endanger the security or usefulness of a public street, public sewer or other public place shall be considered a public nuisance.
A. 
The tree removal permit application shall include the following information:
(1) 
The name and address of the property owner and applicant, if different.
(2) 
The street address and Tax Map designation of the property.
(3) 
A statement of authority from the owner of the property for any agent submitting an application.
(4) 
The total amount of land area involved in the action.
(5) 
The number of trees involved.
(6) 
The purpose of the tree removal permit, including an explanation from either the property owner or licensed tree service contractor why the tree(s) should be removed.
(7) 
Identify the physical condition of the tree(s) (species, size and health) proposed for removal with regard to the trees' relative value of preservation.
(8) 
A survey of the area of trees or forest to be disturbed showing the location of all trees (to an accuracy of one foot) and indicating those trees to be removed and those trees to be preserved, their species and their diameter (DBH).
(9) 
Specifications for the protection of trees during development, redevelopment, renovation or razing; grade changes or other work within the tree's dripline; disposal of trees to be removed and replanting or planting, specifying the location, species, size and completion date for seasonal planting of trees.
(10) 
Where no site plan, special permit, conditional use permit, subdivision or other related permit is involved, Subsection A(8) and (9) above may be waived, and a simple sketch drawn by the applicant may, at the approving authority's discretion, be substituted.
(11) 
A statement that the property owner and applicant will indemnify and hold the Village and its representatives harmless against any damage or injury in accordance with § 248-18, Inspection and indemnification, of this chapter.
(12) 
A tree removal permit application fee and inspection fee in amounts as set forth in a fee schedule established from time to time by resolution of the Board of Trustees, unless the applicant for the tree removal permit is simultaneously applying for a building permit or Planning Board approval, in which case the permit or application fee(s) shall take the place of the tree removal permit fee but not the inspection fee.
B. 
If the tree removal involves clear-cutting, additional information may be requested by the approving authority including but not limited to:
(1) 
A description of the anticipated vegetative cover of the tree removal area, including dominant species before and after the tree removal.
(2) 
Property lines, roads, buildings, wetlands and wetland buffer areas within 100 feet of the tree removal area.
(3) 
Additional information necessary to evaluate the proposed tree removal pursuant to the standards of this chapter.
C. 
All information relating to a tree removal permit application, including any additional required materials, shall be maintained by the Village's Building Department and, where applicable, Planning Department.
D. 
Determination by approving authority.
(1) 
In making the determination to grant, grant with conditions, or deny a tree removal permit under this chapter, the factors to be considered by the approving authority shall include, but not be limited to, the following:
(a) 
If the presence of the tree would cause hardship or endanger the public or the property of the owner or of an adjoining owner.
(b) 
If the tree substantially interferes with a permitted use of the property,
(c) 
If the tree is diseased or threatens the health of other trees.
(d) 
If there are practical alternatives to the tree removal.
(2) 
If the tree removal permit is associated with a site plan or subdivision application, the Planning Board shall consider the factors in § 248-14D(1) and the following:
(a) 
If the tree removal will cause significant impacts on surrounding tree canopy, water drainage and erosion patterns, soil quality, wildlife habitat and vegetation.
E. 
Notification of decision. Where the Building Inspector is the approving authority, the applicant will be notified of tree removal permit application decisions in writing within fifteen days of receipt of a complete application by the Building Department. Where Environmental Advisory Council referral is necessary, the applicant will be notified of permit application decisions within forty-five days of receipt by the Building Department of a complete application. The Building Inspector may extend the time to issue a permit decision by no more than five days for good cause. Where the Planning Board is the approving authority, a written resolution will be issued with the Board's decision.
A. 
For all tree removal permits not associated with a site plan or subdivision application, including clear-cutting, the Building Inspector shall be the approving authority.
(1) 
Upon receipt of a complete application for a tree removal permit, except as noted in Subsection A(2) below, the Building Inspector may refer the application to the Environmental Advisory Council for a recommendation.
(2) 
All tree removal applications calling for clear-cutting shall be referred by the Building Inspector to the Environmental Advisory Council for a recommendation.
(3) 
The Environmental Advisory Council shall submit its written recommendation to the Building Inspector within thirty-five days of the referral. If no recommendation is provided to the Building Inspector within thirty-five days of the referral, the Building Inspector shall assume that the Environmental Advisory Council has no objection to the tree removal permit application. The Environmental Advisory Council may request an extension of time to provide the written recommendation.
B. 
The Planning Board shall be the approving authority for tree removal permit applications required for site plan and subdivision applications. Upon receipt of a complete application in association with an application for site plan or subdivision approval, the Planning Board shall refer the tree removal permit application to the Environmental Advisory Council for a recommendation. The Environmental Advisory Council shall submit its written recommendation to the Planning Board within thirty-five days of the referral. If no recommendation is provided to the Planning Board within thirty-five days of the referral, the Planning Board shall assume that the Environmental Advisory Council has no objection to the tree removal permit application. The Environmental Advisory Council may request an extension of time to provide the written recommendation.
C. 
Inspection by Village Arborist.
(1) 
Upon referral by the approving authority, the Village Arborist may review all tree removal permit applications and provide recommendations to the approving authority whether the permit should be granted, granted with conditions or denied. The approving authority shall consider the Village Arborist's recommendations but the decision regarding a tree removal permit application shall be made by the approving authority.
(2) 
Should the approving authority determine that review of the tree removal permit application by the Village Arborist is warranted, the approving authority shall notify the applicant along with the anticipated cost for the review. The applicant shall be responsible for the cost of the Village Arborist's review and the tree removal permit application will not be further processed until payment is received. The Village Arborist shall provide the written recommendation no later than twenty days after the referral from the approving authority.
A. 
Any tree removal permit may include conditions imposed by the approving authority consistent with this chapter. Such conditions may include:
(1) 
Requiring reasonable improvements, such as relocation of proposed foundation walls, driveways, surface and subsurface improvements or drainage systems to preserve a specific tree or area.
(2) 
Listing approved days and hours for tree removal.
(3) 
Specifying actions to be undertaken by the applicant to minimize the environmental impact of tree removal operations.
(4) 
Requiring the replanting of an equal or greater number of trees of the same or similar species as those removed, based on the size and condition of the trees removed using an approved landscaping plan.
B. 
For all site plan and subdivision applications, the applicant's plan for tree replacement shall satisfy no less than the minimum requirement to replace 50% of the total aggregate diameter of all trees as defined in § 248-3 proposed for removal with new trees.
(1) 
Tree replacement shall be required on site unless the approving authority determines that, because of size constraints, it is impracticable or impossible to fully meet this mitigation requirement on site. In such case, upon the establishment of a tree bank and/or tree bank fund by resolution of the Board of Trustees, the approving authority may consider the off-site mitigation of planting in the tree bank or payment of a fee to the tree bank fund to satisfy the unmet portion of the tree replacement requirement. Implementation of any off-site planting plan shall require prior approval of the Board of Trustees.
A. 
Tree removal permits shall expire one year from the date issued after which time the tree removal permit shall become invalid. Upon the request of the applicant, the Building Inspector, with advice from the Village Arborist, may grant an extension of the permit for a period not to exceed one year. Up to two extensions may be granted for no more than a total of two years.
B. 
Tree removal permits associated with site plan and subdivision applications shall expire one year from the date of the Planning Board resolution authorizing the Planning Board Chairperson to sign the approved drawings after which time the tree removal permit shall become invalid. Upon the request of the applicant, the Planning Board, with advice from the Village Arborist, may grant an extension of the permit for a period not to exceed one year. Up to two extensions may be granted for no more than a total of two years.
A. 
Any site for which an application has been submitted shall be subject to inspection by the approving authority or designated representatives, upon notice to the property owner and applicant at any reasonable time, including weekends and holidays. Notice of such inspection shall comply with the process in § 92-15. The property owner and applicant, by submitting an application for a tree removal permit, shall be deemed to have consented to such inspection. Should the approving authority or its designated representatives be denied entry onto the property, the Village on behalf of the approving authority may request a search warrant following the procedure in §§ 92-14, 92-16 and 92-17 of the Village Code.
B. 
The property owner and applicant shall indemnify and hold the Village, its elected and appointed officials, employees and consultants harmless against any damage or injury that may be caused by or arise out of any entry onto the subject property in connection with the processing of the application, during tree removal or within one year after the completion of the work.
A. 
All persons who remove or cause to be removed trees, with or without a tree removal permit, as required, shall restore the area by backfilling all holes and by creating an acceptable grade and covering. All debris in the area shall immediately be removed by the property owner or licensed tree service contractor.
B. 
Except as provided in § 248-16B(1), tree replacement on site is required. As part of the approval process involving non-Village-owned properties, the approving authority may refer to the Village Arborist whether removal of the tree stump is necessary. For trees removed from Village-owned properties, the tree stump shall be removed.
C. 
The property where planting is done shall be left in a neat and orderly condition in accord with accepted planting and tree surgery practice.
D. 
The approving authority may require as a condition of approval that the disturbed area be backfilled, replanted and/or reseeded.
The approving authority may require, prior to the commencement of work authorized by the tree removal permit, that the applicant post a performance bond with a surety licensed to do business in New York State in an amount acceptable to the approving authority to secure compliance with the permit and any conditions imposed thereon.
A. 
Within thirty days after completion of all tree removals authorized pursuant to the tree removal permit issued in accordance with this chapter, the applicant shall notify the approving authority of such completion.
B. 
Within thirty days of such notification of completion of work, the approving authority or its designated representatives shall inspect the tree removal site and, where appropriate, any off-site locations for compliance with all conditions of the permit.
(1) 
When all tree removal(s) and tree replacements authorized under the permit are found to be complete and all conditions of the permit have been complied with, the approving authority shall issue a certificate of completion, which shall be accompanied by cancellation or return of any bond collected for such permit.
(2) 
When tree removals and tree replacements authorized under the permit are found to be incomplete and/or inconsistent with the permit's terms and conditions, the approving authority shall notify the applicant. The notification of noncompliance shall include a list of all conditions in violation of the terms and conditions of the permit and shall specify a time to correct all items so listed.
A. 
Stop-work orders. The Building Inspector, Assistant Building Inspector and Code Enforcement Officers are authorized to issue stop-work orders. The stop-work orders shall be issued to stop:
(1) 
Any work that is inconsistent with the terms and conditions of the tree removal permit;
(2) 
Any tree removal work being performed in a dangerous or unsafe manner; or
(3) 
Any work where the tree removal permit is expired, invalid, suspended or revoked.
B. 
The Building Inspector may suspend or revoke a tree removal permit where:
(1) 
The Building Inspector finds any false statements or misrepresentations as to material facts in the application upon which the permit was based;
(2) 
The Building Inspector finds that the tree removal permit was issued in error due to incorrect, inaccurate or incomplete information;
(3) 
The Building Inspector finds that the work performed under the tree removal permit was not performed in accord with the application, plans and specifications; or
(4) 
Where the person to whom the permit was issued fails to comply with a stop-work order.
C. 
Except for § 248-22A and B(4), any person, including the applicant's tree service contractor, who violates this chapter shall upon conviction be subject to a fine of not less than $250 nor more than $1,000 for a first offense; not less than $500 nor more than $2,000 for a second offense committed within twenty-four months of the first offense; and not less than $1,000 nor more than $4,000 for the third and subsequent offenses committed within twenty-four months of the first offense. Violations of stop-work orders are punishable by fines and penalties including loss of profits pursuant to § 92-25B, C and D of the Village Code as well as the penalty noted in § 248-22F.
D. 
Each tree removed, cut down or destroyed in violation of this chapter shall be a separate and distinct offense.
E. 
In addition to the aforementioned fines, any person who violates any term or condition of the tree removal permit shall be subject to a civil penalty of not more than $500 for each and every tree removed. The civil penalties shall be recoverable in an action brought by the Village. The Village shall be entitled to recover interest, costs and disbursements incurred with the proceeding to recover civil penalties as well as reasonable attorneys' fees and expenditures incurred for the retention of consultants.
F. 
In addition to any other penalty, the violator will be required to replace, in kind, each and every tree removed, cut down or destroyed in violation of the tree removal permit or this chapter. If a tree was so large and mature that it cannot be replaced, the Building Inspector upon recommendation of the Village Arborist may require the planting of multiple trees instead. Minor tree damage (removing less than twenty-five percent of the tree's crown or structure) shall be repaired in accordance with accepted tree surgery practice. All trees which fail to survive for a period of two years following planting shall be replaced by the owner at no expense to the Village. Said replacement shall occur within sixty days following written demand for such replacement from the Building Inspector or designated representative or within an extended period of time as may be specified.
G. 
No certificate of occupancy shall be issued for any new construction on the property until the terms and conditions of the tree removal permit and the requirements of this chapter have been complied with.
If any clause, sentence, paragraph, section or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.