[HISTORY: Adopted by the Board of Trustees
of the Village of Sands Point 2-26-1991 by L.L. No. 1-1991. Amendments now where
applicable.]
A.
The Board of Trustees of the Incorporated Village
of Sands Point hereby finds that there is a direct relationship between
preservation of and the planting of trees in sufficient number in
populated areas of the Village and the health, safety and welfare
of Village residents and that trees 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 reduce
noise, provide welcome shade and privacy 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
causes increased Village costs for proper drainage control, impairs
the benefits of occupancy of existing residential properties, 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 Incorporated Village of
Sands Point.
For 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
his duly authorized agent.
The natural growing characteristics of any tree which includes
branch spread and distribution, branch height above ground and root
spread and distribution.
Any real property on which a residential structure, clubhouse
or other place of public assembly has been erected.
Any resident of Sands Point 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 Incorporated Village of Sands Point.
Any cutting or drastic pruning or elevating the habit 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.
A woody perennial plant having a single, usually elongate
main stem generally with few or no branches on its lower part.
Any real property on which no residential structure, clubhouse
or other place of public assembly has been erected.
[Amended 8-30-2005 by L.L. No. 2-2005; 9-27-2011 by L.L. No.
7-2011]
A.
Permit for large trees. It shall be unlawful for any person without
a permit to remove, destroy or substantially alter or to cause the
removal, destruction or substantial alteration of any tree or the
habitat of any tree, located on any real property within the Village
of Sands Point, having a trunk circumference greater than 20 inches,
which circumference shall be measured at a point four feet six inches
above ground level, except in the case where a tree has been removed
without benefit of a permit, in which case the trunk circumference
shall be measured at the highest point remaining at or above ground
level.
B.
Permit for any tree. It shall be unlawful for any person without
a permit to remove, destroy or substantially alter or to cause the
removal, destruction or substantial alteration of any tree of any
size located on any unimproved real property within the Village of
Sands Point.
C.
The foregoing provisions of this section shall not apply to:
(1)
Horticultural pruning done pursuant to customarily accepted ornamental
or therapeutic practice, which does not substantially alter the habitat
of the tree.
(2)
Any emergency situation in which the removal, destruction or substantial
alteration of any tree is necessary to prevent imminent danger to
human life or property.
A.
Application for a permit shall be made to the Building
Department.
C.
A sketch or plan of the area indicating the following
may be required by the Building Department when deemed necessary to
carry out the provisions of this chapter:
(1)
An outline of existing heavily wooded areas on the
site, showing the tree type and range of sizes.
(2)
The location and size of trees to be removed.
(3)
The location of any improvements on the real property.
(4)
Any additional information that the Building Department
may reasonably deem necessary for evaluation of the application, except
that no new survey of the property or survey location of trees may
be required unless there is controversy as to whether a tree is located
on the property.
D.
The decision of the Building Department shall be based
upon the following criteria:
(1)
The condition of the tree 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 or alteration of the
tree in question.
(3)
The effect of the removal or alteration thereof on
ecological systems.
(4)
The character established at the proposed site of
removal or alteration with respect to existing vegetation management
practices.
(5)
The impact of any removal or alteration upon existing
screening of any contiguous properties or any road or highway bordering
the property.
[Amended 4-23-2002 by L.L. No. 3-2002; 9-28-2010 by L.L. No.
1-2010]
Permits shall be issued at a fee as set forth in Chapter 82 of the Village Code.
A.
Any tree or shrub growing on private real property
which is endangering or, in the opinion of the Building Department
of the Incorporated Village of Sands Point, constitutes a danger to
a public street or to persons or vehicles thereon or to public places
or which in any way endangers the usefulness of a public sewer shall
be removed or trimmed by the owner of the real property within 14
days after receipt of written notice from the Village Clerk. In the
event that the property owner fails to remove or trim such tree or
shrub within said time, the Village may then remove or trim said tree
or shrub and assess the cost thereof against the property owner.
B.
Nothing herein shall limit the authority of the Village
to remove or alter any tree or shrub it deems necessary to protect
the health, safety and welfare of the Village residents.
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.
A.
Any person aggrieved by any final determination of
any Village official in the exercise of the authority herein granted
shall have the right to appeal to the Board of Zoning Appeals, the
decision of which shall be final and conclusive.
B.
An appeal shall be in writing, stating the decision
appealed from and the reasons for the appeal and in all other ways
comply with the Village's procedure for such an appeal to the Board
of Zoning Appeals.
[Amended 8-30-2005 by L.L. No. 2-2005]
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 of Sands Point 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.
