Walden City Zoning Code
ARTICLE XII
Trees and Subdivision and Site Plan Processes
§ 305-75 Control of trees in land development.
Under this article, the Planning Board will require, where it deems necessary, that:
A.
The developer will endeavor to preserve all individual trees in excess of eight inches in diameter measured at a height four feet from the ground. The developer will also preserve all stands and groupings of trees of any diameter which do not have to be removed for utility lines, streets, structures, etc.
B.
The developer will plant trees along all new streets of the development in a fashion consistent with the specifications for the planting of shade trees as provided in this article.
C.
The developer will provide tree screening around all parking lots and accessory structures in a fashion consistent with this article.
E.
The developer will not clear-cut his entire property.
F.
The developer will leave his property with as many (or more) trees as he started with.
§ 305-76 Prohibited acts.
A.
No person shall commence the clearing of his land in anticipation of construction unless he has complied with all applicable provisions of law, including the provisions of the Code of the Village of Walden, and not until the Village Building Inspector and Village Engineer have been given sufficient prior notice of the commencement of such clearing so as to allow their presence on the site. The clearing of land includes, but is not limited to, the clear-cutting of access roads and/or rights-of-way to be used for the movement of construction vehicles in anticipation of subdivision and/or site plan approval.
B.
No person shall do or cause to be done any action upon trees on his property being subdivided or reviewed for site plan until either he has complied with the Code of the Village of Walden or submitted a tree plan to the Planning Board and has had it approved by the Planning Board at the time of subdivision and/or site plan approval.
§ 305-77 Land development procedures.
A.
Subdivisions. A developer will submit a tree plan as detailed herein simultaneously with his submission of a detailed plan in a scale and number consistent with the rules governing the submission of plat plans. Where a developer has been required to submit a draft environmental impact statement prior to subdivision approval, a tree plan will be part of said draft environmental impact statement and submitted as required at the time of submission of the draft environmental impact statement.
B.
Site plans. A developer will submit a tree plan simultaneously with his submission of a detailed site plan in a scale and number consistent with the rules governing the submission of site plans. Where a draft environmental impact statement has been required prior to the site plan review, this tree plan will be included in the draft environmental impact statement and submitted as required at the time of submission of the draft environmental impact statement. The tree plan will:
(1)
Detail the location of orchards, tree stands, rock outcroppings, stone walls, streams, lakes, ponds and all other natural features.
(2)
Identify the tree stands as to density and general genus (oak, pine, etc.) and identify all trees in excess of eight inches in diameter measured four feet from the ground.
(3)
Detail the number and type of individual trees and/or tree stands to be removed, the percent of total stands to be removed and how many trees will remain after construction.
(4)
Submit maps detailing the "pre-" and "post-" conditions. Both should be overlaid on the detailed plan so that the streets, main and accessory structures, rights-of-way, easements and utility lines are clearly shown, as is their impact on trees.
(5)
Detail the steps to be taken during the period of construction to protect existing trees and stands of trees. At a minimum, tree protection shall include establishing a fence line set one foot beyond the dripline with orange construction fencing securely fastened to sturdy metal posts driven a minimum of 30 inches into the ground.
(6)
Detail the number and type of replacement trees to be added to the property to replace those taken down. The developer will replace on a one-to-one basis or on a basis acceptable to the Planning Board.
(7)
Provide any and all additional information required by the Planning Board with respect to trees for the purpose of fulfilling the intent of this article.
§ 305-78 Planting requirements.
A.
Off-street parking spaces.
(1)
Where there is a requirement for off-street parking for five or more vehicles, then the developer shall be required to plant trees around the perimeter of the parking area in accordance with this chapter. The plantings shall be shown on the tree plan.
(2)
Plantings on new streets in a development. Where a new subdivision is proposed, the developer shall show in his tree plan the planting of trees on both sides of the new streets. The developer shall take into consideration sight lines for vehicular traffic and overhead or underground utility lines.
(3)
Planting around utility or mechanical structures. Where a new subdivision is proposed, the developer will show in his tree plan the planting of trees around accessory and utility or mechanical structures, including, but not limited to, pump houses, holding tanks, generators, etc., in a fashion permitting access while eliminating visual pollution.
(4)
Plantings to replace trees removed. Where a new subdivision is proposed, the developer will show in his tree plan the planting of new stands of trees in a number equal to or greater than that which was removed.
B.
Specifications for planting trees.
(1)
(a)
Trees shall be balled and burlapped and shall not be less than two to 2 1/2 inches' caliper measured six inches above the top of the ball nor less than 10 feet high. Trees should be nursery grown, and a nursery inspection certificate should be available covering all trees.
(b)
Trees should be planted starting 15 feet from the point of curvature of the curb, located on the tangent side of the curb and shall be approximately 40 feet apart. Trees should be staggered when planted on opposite sides of the same street. No tree shall be located in such a manner as to limit the sight distance along the street below the specified minimum in the street specifications.
(c)
In general, excavations for planting shall be large enough to accommodate the natural spread of the root system and at least one foot deeper and two feet wider than the ball or earth supplied with the tree. The pit shall be rock free and refilled with seven parts topsoil and one part humus and the parent soil discarded. Hardpan shall be loosened an additional 12 inches from the bottom and sides of the pit. Trees shall be adequately fertilized and watered at the time of planting and mulched with three inches of approved mulch immediately after planting.
(d)
Removal of debris is required. The property must be left in a neat and orderly condition in accordance with good and accepted planting and tree surgery practice.
(e)
Trees shall not be planted between May 15 and September 15 without specific authorization of the Building Inspector.
(f)
Notice must be given to the Building Inspector 30 days prior to the start of planting in order that the trees may be inspected and approved for tree variety, condition, size and quality. All work shall be subject to the general supervision and approval of the Building Inspector or designated individual. The Building Inspector is authorized to request the assistance of tree experts to monitor the aforementioned activities. All costs will be borne by the developer.
(2)
Any tree improperly planted or not meeting these specifications will be subject to removal. Any tree that does not survive or is in an unhealthy condition at the end of one year shall be replaced at no cost to the Village of Walden. Said replacement shall be made within 60 days following written demand for such replacement or within a more extended period as may be specified.
§ 305-79 Administration and enforcement.
This article shall be administered and enforced by the Building Inspector and the Planning Board of the Village of Walden as detailed herein. Specifically, the Planning Board shall be responsible for approving the tree plan and the Building Inspector for seeing that it is implemented.
§ 305-80 Performance security.
At the time of posting the public improvement security, the cost of complying with the above requirements will be estimated and appropriately included in the public improvement security amount.
§ 305-81 Compliance required; penalties for offenses.
A.
No certificate of occupancy shall be issued until the tree plan is satisfactorily complied with.
B.
In a case where the developer violates the intent of the clear-cutting prohibition against creating construction roads and rights-of-way, the penalty shall be $5,000 per day that the activity persists and $500 per tree of any size removed in violation of this article.
§ 305-82 Construal.
No provision of this article shall be construed to impair any common law or statutory cause of action or legal remedy therefrom of any person for injury or damage arising from any violation of this article.