[HISTORY: Adopted by the Board of Trustees
of the Village of Centre Island as indicated in article histories.
Amendments noted where applicable.]
[Adopted 4-5-1976 by L.L. No. 1-1976 as
Art. 14 of the 1976 Municipal Code]
It shall be the duty of each owner and occupant
of the land situated along any street, public or private, appearing
on the Official Map of the Village to trim or remove the trees, branches
or limbs, which are located in front of such land and in, on, along
or near such street, which overhang such streets and create a hazard
in street maintenance or the movement of traffic.
The Board of Trustees may, by resolution, designate
the trees to be removed or trimmed and, if trimmed, the manner and
extent of such trimming and, upon default, may cause such trees to
be trimmed or removed and assess the expense thereof upon the adjoining
land.
A certified copy of said resolution shall be
served on the owner or occupant of such land, either personally or
by mail, together with a notice that, if the trees are not so removed
or trimmed within a period therein specified not less than 10 days
from the service of said notice, the Board will meet at a time and
place specified in said notice to authorize an expenditure for such
removal or trimming and to make an assessment therefor upon such land.
The Board of Trustees shall meet at the time
and place specified and shall then and there hear and determine all
objections that are made to such assessment, including the amount
thereof, and shall assess upon the land the amount which it may deem
just and reasonable, not exceeding, in the case of default, the amount
stated in the notice.
If the amount so assessed is not paid within
15 days after such assessment, an action to recover the amount may
be maintained by the Village against the owner or occupant liable
therefor or a special warrant may be issued by the Board of Trustees
for the collection of such assessment or the amount thereof may be
included in the next annual tax levy.
[Adopted 10-6-2008 by L.L. No. 1-2008]
A.
The Board of Trustees of the Village of Centre Island
hereby finds that there is a direct relationship between the preservation
and planting of trees, shrubs and associated vegetation in sufficient
number in the Village and the health, safety and welfare of Village
residents and that such 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 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.
Trees and such vegetation 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 destruction and indiscriminate removal of trees
disrupts the ecological balance in nature and 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 of Centre Island.
As used in this article, the following terms
shall have the meanings indicated:
The owner, contract vendee or lessee of real property or
their duly authorized agent seeking a permit to substantially alter,
destroy or remove trees, shrubs and associated vegetation pursuant
to the provisions of this article.
Includes, without limitation, poisoning; ringing the tree;
excessive peeling of bark; damaging, compacting or overburdening the
roots; using herbicides or fire; or excessive pruning or cutting in
such manner as to bring about the ultimate death of such tree, shrubs
and associated vegetation.
An imminent threat of death, personal injury, or severe and
substantial damage to property.
A woody perennial plant, being either deciduous or evergreen,
its root system and environment within the area defined as the outermost
limit of its branches, which is seven inches or more by caliper or
22 inches in circumference measured at any point between the ground
and a height of three feet above the ground.
Any individual, firm, partnership, association, corporation,
company, public agency, public utility or organization of any kind
and its successor or agent thereof.
A woody perennial plant, being either deciduous or evergreen,
its system and environment within the area defined as the outermost
limit of its branches, which is less than seven inches by caliper
or 22 inches in circumference measured at any paint between the ground
and a height of three feet above the ground.
Any cutting or pruning in excess of that necessary to preserve
the health of the plant material or maintain its ornamental quality.
Any large tree or small tree.
The Incorporated Village of Centre Island.
A.
It shall be unlawful for any person to remove, cut
down, destroy or substantially alter a tree or other protected vegetation,
living or dead, located within the Village, in any of the following
categories, unless a permit has been obtained pursuant to this article:
(1)
Any large tree;
(2)
Any small tree, shrub, or ground-covering plant regardless
of size if located on a steep slope or bluff;
(3)
Any small tree, shrub or ground-covering plant within
a freshwater wetland;
(4)
Any small tree, shrub or ground-covering plant in
a park or nature preserve or within any public right-of-way;
(5)
Any rare or endangered species of small tree;
(6)
Any outstanding specimen of small tree, shrub or ground
cover, or any historic small tree, shrub or ground-covering plant,
or any small tree included on the New York State Big Tree Register;
(7)
Any small tree, shrub, or ground-covering plant within
an area of the Village designated by resolution of the Board of Trustees
as a critical environmental area.
B.
Nothing in this article shall be construed to prohibit
the pruning of any trees made in accordance with customarily accepted
ornamental procedures.
This article shall be administered by the Board
of Trustees.
A.
The Board of Trustees may adopt rules and regulations
for efficiently discharging its responsibility under this article
and may create subcommittees or designate individual members to act
on its behalf.
B.
The Board of Trustees, in making a determination concerning
removal of trees or other protected vegetation, may obtain the services
of a professional arborist regarding the advisability of removal.
The cost of such professional evaluation shall, in all cases, be bone
by the applicant.
A.
The application shall be made in such form as may
be prescribed by the Board of Trustees or its designee and shall include,
but not be limited to, the following:
(1)
The name and address of the applicant and the owner
of the real property.
(2)
Written consent of the owner or owners of the real
property if the applicant is not the owner.
(3)
Location of the property, including a street number
and address and Tax Map designation.
(4)
Purpose of proposed removal or alteration of the tree
or other protected vegetation.
(5)
Site of proposed removal or alteration of the tree
or other protected vegetation.
B.
A sketch or plan of the property indicating some or
all of the following may be required by the Board of Trustees when
deemed necessary to carry out the provisions of this article:
(1)
An outline of existing heavily wooded areas on the
site, showing the tree type and range of sizes.
(2)
The location of any existing and proposed improvements
and structures on the real property.
(3)
Any proposed grade changes that might adversely affect
or endanger any trees on the site and specifications of how to maintain
them.
(4)
Designation of all diseased, dead or damaged trees.
(5)
Location of all trees and identification of size and
species and identification of the trees to be removed and the trees
to be maintained.
(6)
The size, species and planting method of all proposed
plans for replanting, replacement or remediation.
(7)
Any additional information that the Board of Trustees
may reasonably deem necessary for evaluation of the application.
C.
In the event that any large trees are proposed to
be destroyed, moved, cut, or substantially altered as a consequence
of any construction, whether an addition, expansion or new structure,
the Building Department shall require a removal or alteration plan
showing the location of the large trees to be removed. No cutting,
removal or alteration in connection with construction shall be permitted
until the plan is approved by the Board of Trustees or its designee.
The existing indigenous and naturalized tree canopy shall remain in
its natural state on all lots and parcels to the maximum extent possible
in conformity with the goals and purposes of this article.
D.
In the event that any large trees are proposed to be destroyed, moved, cut, or substantially altered as a consequence of any proposed subdivision or partitioning of real property and the potential development thereof, including, without limitation, the construction of new dwellings and any access roads, then simultaneously with the submission to the Planning Board of a subdivision application, the applicant shall also submit to the Board of Trustees or its designee a proposed site plan and tree survey prepared by a licensed land surveyor showing the location of all proposed buildings, roads and other improvements, the large trees to be affected, the size of such trees and the type or species thereof, including those large trees that might be affected not only by the construction but by any associated grading, in order that the Board of Trustees or its designee may consider all of these factors when it inspects the site to determine if any large trees can be saved by the applicant or if any warrant special protection pursuant to the guidelines of § 109-8A.
E.
In the event that any large trees are proposed to
be removed, cut, destroyed or substantially altered in connection
with any matter involving an application to the Zoning Board of Appeals,
then, simultaneously with the submission of an application to said
Board, the applicant shall also submit for approval by the Board of
Trustees or its designee an application provided for in this article
and a sketch or plan as provided hereinabove.
F.
All plans for landscape redesign that would involve
any activity regulated by this article, or that would include the
construction of walls, walking bridges or any similar structures,
shall be submitted to the Building Department for issuance of a permit.
If such plans include the invasion of what is then a natural wooded
area, the Building Department shall forward such plans to the Board
of Trustees for approval by the Board or its designee.
A.
Each large tree removed, cut down, destroyed or substantially
altered in violation of this article shall be a separate violation.
B.
The Mayor, Building Inspector, Road Commissioner or
police shall stop all tree work and/or construction activity on any
premises where a violation of this article has occurred, and the Building
Inspector shall be prohibited from issuing any certificate of occupancy
or additional permits for construction at the property or from permitting
work to resume unless and until there has been complete compliance
with the provisions of this article.
C.
Any person committing an offense against any provision
of this article or any rule, regulation or specification promulgated
hereunder shall, upon conviction, be punishable for each violation
by a fine in the amount of $250 for each caliper inch, or part thereof,
of a tree covered by this article. In addition, such person shall
be required to replace, in kind, each and every large tree removed,
cut down or destroyed. In the event a large tree is so large and mature
that it cannot be replaced, the Court may require the planting of
multiple trees.
A.
The Mayor, Building Inspector, Road Commissioner and
members of the Centre Island Police Department are hereby vested with
the authority to enforce the provisions of this article.
B.
It is a rebuttable presumption, for the purpose of
enforcing this article that the owner on whose land any tree has been
removed, cut down, destroyed or substantially altered without the
necessary permit is the person responsible for performing or permitting
the act complained of.
