§ 301-26. Determination by approving authority.

A. 

In making its determination to grant, deny, or grant with conditions a tree removal permit under this article, the approving authority shall consider the following factors:

(1) 

Whether the proposed tree removal is consistent with the purpose and findings of this article as set forth in § 301-19.

(2) 

The environmental impact of the proposed tree removal.

(3) 

The possible or practicable alternatives to the proposed tree removal.

B. 

In addition, the tree removal of a regulated tree will be favored:

(1) 

If the tree is in poor health with an expected life span less than two years as determined by a professional forester, landscape architect, arborist, or other design professional.

(2) 

If the tree is located near existing or proposed improvements, especially if it is:

(a) 

Within three feet of an existing or proposed sidewalk or driveway.

(b) 

Within 10 feet of an existing or proposed dry well, leaching pit, drain or other subsurface improvement.

(c) 

Within 10 feet of an existing or proposed roadway.

(d) 

Within 10 feet of any other existing or proposed structure.

(3) 

If the tree removal(s) will have a positive effect upon:

(a) 

Drainage patterns in the vicinity.

(b) 

Growth of existing or proposed adjacent vegetation.

(c) 

The health, safety or welfare of the residents of New Rochelle or its neighboring communities.

(d) 

Solar access and shading of nearby properties and that of the property owner.

C. 

With consideration of the above factors, the proposed tree removal may be granted with conditions or denied:

(1) 

If the tree is a specimen tree, as defined.

(2) 

If the tree removal(s) will have significant negative effects upon:

(a) 

Erosion potential and drainage patterns in the vicinity.

(b) 

Growth of existing adjacent vegetation.

(c) 

The health, safety or welfare of the residents of New Rochelle or its neighboring communities.

(d) 

Solar access and shading of nearby properties.

(3) 

If the tree to be removed is of a species listed on the New York State list of endangered trees or trees of special concern.