For purposes of this chapter, the following terms, phrases,
and words shall have the following meanings:
Applicant
The owner, contract vendee, or lessee of Real Property or
their duly authorized agent.
Habitat
The natural growing characteristics of any tree which includes
branch spread and distribution, branch height above ground, and root
spread and distribution.
Improved Real Property
Any Real Property on which a residential structure, clubhouse,
or other place of public assembly has been erected.
Person
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.
Real Property
Includes all unimproved and improved real property within
the Village.
Substantial Alteration
Any cutting or drastic pruning or elevating the Habitat of
a Tree which impairs, destroys, or endangers the life of such 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.
Tree
A woody perennial plant having a single, usually elongate
main stem generally with few or no branches on its lower part.
Unimproved Real Property
Any Real property on which no residential structure, clubhouse,
or other place of public assembly has been erected.
Village
The Incorporated Village of Sands Point.
Permits shall be issued at a fee as set forth in Chapter
82 of the Village Code.
The Building Department may require the planting of the same
or an agreed upon alternative species of Trees which are as nearly
comparable in type and size as practical to the Trees to be removed,
when the individual character of the Trees or the ecological setting
requires special consideration as a condition for the issuance of
a permit for removal. The location for planting of the replacement
Trees shall be specified, in writing, by the Building Department prior
to issuance of the permit for removal.
Any Person who shall violate any of the provisions of this chapter shall be deemed guilty of a violation and, upon conviction thereof, shall be subject to a fine of not more than $5,000 for each tree unlawfully removed, destroyed, or substantially altered pursuant to §
157-3B; a fine of not more than $5,000 for each replacement Tree not planted; and a fine of not more than $5,000 for any other violation under this chapter. Each such violation shall constitute a separate offense and shall be punishable as such hereunder.
Nothing herein contained shall abridge or alter any rights or
remedies now or hereinafter existing, nor shall this chapter nor any
provisions thereof nor any rule or regulation promulgated thereunder
be construed as estopping the Village from exercising its right and
fulfilling its obligations to protect the public health and welfare.
In addition to all other remedies available to the Village, this chapter
shall be enforceable by injunction in an action brought in the Supreme
Court.