[HISTORY: Adopted by the Board of Trustees
of the Village of Upper Brookville 5-15-2007 by L.L. No. 6-2007.
Amendments noted where applicable.]
A.
The Board of Trustees of the Village hereby finds
that there is a direct relationship between preservation of and the
planting of trees, shrubs and associated vegetation in sufficient
number in populated areas of the Village and the health, safety and
welfare of Village residents and that trees, shrubs and associated
vegetation are related to the natural, scenic and aesthetic values
and the physical and visual qualities of the environment which the
Village is obligated to protect. Trees and such vegetation reduce
noise, provide welcome shade to Village residents, preserve the balance
of oxygen in the air by removing carbon dioxide and fostering air
quality and create a bucolic and rural atmosphere in the Village,
especially along the roads. Trees also stabilize the soil and control
water pollution by preventing soil erosion and flooding, yield advantageous
climatic effects and provide a natural habitat for wildlife.
B.
The destructive and indiscriminate removal of trees
and related vegetation causes increased Village costs for proper drainage
control, impairs the benefits of occupancy of existing residential
properties and impairs the stability and value of both improved and
unimproved real property in the area of the destruction and adversely
affects the health, safety and general welfare of the residents of
the Village.
For the purposes of this chapter, the following
terms, phrases and words shall have the following meanings:
The owner, contract vendee or lessee of real property or
its duly authorized agent.
A specialist in the planting and maintenance of trees appointed
by the Board of Trustees to administer this chapter.
The natural growing characteristics of any tree or specimen
tree, which includes branch spread and distribution, branch height
above ground and root spread and distribution.
Any resident of the Village or any individual, firm, partnership,
association, corporation, company, public agency, public utility or
organization of any kind or agent thereof.
Includes all unimproved and improved real property within
the Village.
Any living, woody plant of the following species:
Deciduous trees.
[Amended 10-28-2014 by L.L. No. 3-2014]
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Beech (Fagus), American species and European species and its
cultivars
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Birch (Betula), all species, 20 inches in circumference or more
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Coffee-tree (Gymnocladus dioica)
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Elm (Umus), American and English species
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Flowering cherry (Prunus), any Japanese species or cultivar,
20 inches in circumference or more
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Flowering crabapple (Malus), any species or named cultivar,
20 inches in circumference or more
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Flowering dogwood (Cornus), American or Chinese species, 20
inches in circumference or more
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Hawthorn (Crataegus), any species or named eultivar, 20 inches
in circumference or more
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Hickory (Carya), any species
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Honey locust (Gleditsia), any named cultivir (not the species)
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Hornbeam (Carpinus), all species, 20 inches in circumference
or more
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Horse chestnut (Aesculus), all species
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Japanese maple, 12 inches in circumference or more
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Japanese pagoda tree (Sophora japonica)
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Linden (Tifia), all species and cultivars
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Magnolia (Magnolia), all species, 20 inches in circumference
or more
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Maidenhair tree (Ginkgo biloba)
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Maple (Acer), all species and cultivars, excluding Boxelder
(Acer negundo) and Norway maple (Acer platanoides)
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Mountain ash (Sorbus), any species, 20 inches in circumference
or more
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Oak (Quercus), all species
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Phellodendron amurense, 20 inches in circumference or more
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Plane-tree (Platanus), both American and London planes
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Sassafras (Sassafras albidum)
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Serviceberry (Amelmichier), all species
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Sorrell tree or sourwood (Oxydcndrum arboreum),. 20 inches in
circumference or more
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Sweet gum (Liquidambar styraciflua)
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Tulip-tree (Liriodendron tulipifera)
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Tupelo (Nyssa sylvatica), also known as "black gum," "sour-gum"
and "pepperidge" Walnut (Juglans nigra)
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Yellowwood (Cladrastis lutea), 20 inches in circumference or
more
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Zelkova (Zelkova japonica)
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Evergreen trees.
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Arbor vitae (Thuja occidentalis), American arbor
vitae Cedar (Cedrus), all species
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Douglas fir (Pseudotsuga menziesii)
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False cypress (Chamaecyparis), all species and
cultivars
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Firs (Abies), all species
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Hemlock (Tsuga), Canadian and Carolina species
and cultivars, 20 inches in circumference or more
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Holly (Ilex), all species, 20 inches in circumference
or more
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Pines (Pinus), all species
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Spruce (Picea), all species
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Yew (Taxus), all species, hybrids and cultivars
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Shrubs, evergreen.
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Mountain laurel (Kalmia latifolia), three inches
in circumference or more
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Rhododendron (Rhododendron), all species, hybrids
and cultivars, three inches in circumference or more
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Any cutting or drastic pruning or elevating the habitat of
a tree or specimen tree which impairs, destroys or endangers the life
of such tree or specimen tree or its natural symmetry, and shall include
but shall not be limited to heavy or unnecessary cutting of top branches
and cutting of major lower limbs.
[Amended 10-28-2014 by L.L. No. 3-2014]
A.
It shall be unlawful for any person without a permit to remove, destroy
or substantially alter the habitat of any tree specified below located
on any real property within the Village, or to cause such removal,
destruction, or substantial alteration:
(1)
Any specimen tree having a circumference equal to or greater than the size specified in § 191-2, or greater than 38 inches if the size is not specified, which circumference is measured four feet six inches above ground level.
(2)
Any nonspecimen tree that is 38 inches or more in circumference,
measured at any point at or below four feet six inches above ground
level.
B.
No specimen tree named in § 191-2, irrespective of dimensions, may be removed or destroyed within 20 feet of a side or rear yard boundary or within 30 feet of a front yard boundary. The habitat of such tree may not be altered within 20 feet of a side or rear yard boundary or within 30 feet of a front yard boundary.
C.
The following trees and shrubs shall not be planted or established
after October 31, 2014:
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Tree:
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Ash (Fraxinus) all species
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Black locust (Robina pseudoacacia)
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Norway maple (Acer platanoides)
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Boxelder (Acer negundo)
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Bradford pear (Pyrus calleryana)
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Shrubs:
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Burning bush (Euonymus alatus)
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Japanese barberry (Berberis thunbergii)
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Nonclumping bamboo
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D.
This chapter shall not apply in any emergency situation in which
the removal, destruction or substantial alteration of any specimen
or nonspecimen tree is necessary to prevent imminent danger to human
life or property or to the removal of dead trees, removal, destruction
or substantial alteration of the habitat of any specimen or nonspecimen
tree accomplished pursuant to customarily accepted ornamental or therapeutic
practices or to the growing stock of nurseries which is to be sold
at retail or wholesale. In such event, the permission of the Village
shall be obtained prior to removal. This chapter shall not apply to
nursery stock intended for sale.
A.
Application for a permit shall be made to the Building
Department.
B.
The application shall be made on such forms as may
be prescribed by the Building Department and shall include but not
be limited to the following:
C.
A sketch or plan of the area indicating the following
may be required by the Building Department:
(1)
An outline of existing wooded areas on the site, showing
the specimen or nonspecimen tree species and sizes.
(2)
The location and size of specimen or nonspecimen trees
to be affected by the proposed removal, destruction or alteration.
(3)
The location of any improvements on the real property.
(4)
Any additional information that the Arborist may deem
necessary for evaluation of the application.
D.
The Arborist, after inspection of the tree, may conditionally
approve, with or without modification, disapprove, or grant final
approval to the application.
E.
The decision of the Arborist shall be based upon the
following criteria:
(1)
The condition of the specimen or nonspecimen trees
with respect to disease and danger of falling, proximity to existing
or proposed structures and interference with utility services.
(2)
The necessity of the removal, destruction or alteration
of the specimen or nonspecimen tree in question.
(3)
The effect of the removal, destruction or alteration
on ecological systems.
(4)
The intended impact at the proposed site of the removal,
destruction or alteration with respect to existing vegetation and
landscape management practices.
(5)
The impact of any removal, destruction or alteration
upon existing screening or any road or highway bordering the property.
The application fee for the removal of any tree(s) shall be as required in Chapter 112, Fees and Deposits.
A.
Private property. Any specimen or nonspecimen tree
growing on private real property which is endangering or, in the opinion
of either the Arborist, Street Commissioner, or the Building Inspector
of the Village, constitutes a danger to a public street or to public
places or which in any way endangers the usefulness of a public sewer
or public utility shall be removed or trimmed by the owner of the
real property within 14 days after receipt of a notice from any such
official. In the event that the property owner fails to remove or
trim such specimen or nonspecimen tree within said time, the Street
Commissioner may then arrange for the removal or trimming of said
specimen or nonspecimen tree and assess the cost thereof against the
property owner.
B.
Public property. Nothing herein shall limit the authority
of the Arborist, Street Commissioner or Building Inspector to remove
or alter any specimen or nonspecimen tree he deems necessary to protect
the health, safety and welfare of the Village residents.
The Arborist may require the planting on private
property of the same species or an agreed-upon alternate species of
specimen or nonspecimen trees which are as nearly comparable in type
and size as practical to the specimen or nonspecimen trees to be removed,
destroyed or affected by the alteration, when the individual character
of the specimen or nonspecimen trees or the ecological setting requires
special consideration, as a condition for the issuance of a permit
for removal, destruction or alteration. The location for planting
of the replacement specimen or nonspecimen trees shall be specified
prior to issuance of the permit for removal.
A.
Any person aggrieved by any act or determination of
the Arborist, Street Commissioner or Building Inspector in the exercise
of the authority herein granted shall have the right to appeal to
the Board of Appeals, the decision of which shall be final and conclusive.
B.
An appeal shall be in writing, stating the decision
appealed from and reasons for the appeal.
A.
Any person who shall violate any provision of this
chapter shall be deemed guilty of a violation and, upon conviction
thereof, the court may impose a fine of no less than $750 and no more
than $5,000 per tree (nonspecimen or specimen) illegally removed,
destroyed or substantially altered. The court, in addition to any
penalties imposed, may order any person convicted of violating the
provisions of this chapter to replace the specimen or nonspecimen
tree(s) illegally removed, destroyed or substantially altered with
the same species or agreed-upon alternate species having approximately
the same diameter. Each such violation shall constitute a separate
offense and shall be punishable as such hereunder.
B.
Performance of any work in violation of any written
stop-work order served personally on the violator or by certified
mail, return receipt requested, on the owner of the premises or agent
of the owner at the address listed on the building permit application
shall be a separate violation of this chapter.
