[HISTORY: Adopted by the Board of Trustees of the Village
of Kensington as indicated in article histories. Amendments noted
where applicable.]
[Adopted 10-21-1987 by L.L. No. 4-1987]
The intent of this article is to preserve and protect trees,
and by so doing, aid in the stabilization of soil by the prevention
of erosion and sedimentation; reduce stormwater runoff and the costs
associated therewith and replenish groundwater supplies; aid in the
removal of carbon dioxide and generation of oxygen in the atmosphere;
provide a buffer and screen against noise pollution; provide protection
against severe weather; aid in the control of drainage and restoration
of denuded soil subsequent to construction or grading, provide a haven
for birds which in turn assist in the control of insects; protect
and increase property values; conserve and enhance the physical and
aesthetic environment of the Village of Kensington; and generally
protect and enhance the quality of life and the general welfare of
the Village. The Board of Trustees of the Village hereby finds that
such purposes are consistent with and vital to the general health,
safety and welfare of the Village of Kensington and its inhabitants.
As used in this article, the following terms or phrases have
the indicated meanings, unless the context clearly indicates otherwise:
The owner of real property or the duly authorized agent of
such an owner.
The diameter of any tree trunk six inches above ground level.
The diameter at a height of four feet six inches above the
base of the trunk.
The natural growing characteristics of any tree, and includes
branch spread and distribution, branch heights above ground and root
spread and distribution.
Any individual, firm, partnership, association, corporation,
company, public agency, public utility or organization of any kind,
or agent thereof, but not including the Village of Kensington.
All improved or unimproved real property, whether or not
subject to subdivision and development.
The actual removal, or causing the effective removal through
damaging, poisoning or other direct or indirect actions resulting
in the death, of a tree.
Any cutting, pruning, elevating or other alteration of the
habit of a tree which impairs or endangers the life of such tree or
destroys its natural symmetry; and includes but is not limited to
heavy or unnecessary cutting of top branches (topping), cutting of
major lower limbs (sever elevating) and drastic pruning, but shall
not include customarily accepted or ornamental procedures.
Any living woody plant, its root system and the environment
within the area defined by the outermost limits of its branches, which
is at least six inches' diameter breast high; or a flowering
ornamental which is at least six inches' diameter breast high;
or any living woody plant which is unique by reason of age, size,
rarity or status as a landmark or species specimen or other outstanding
quality.
[Amended 4-16-2014 by L.L. No. 1-2014]
Any tree which can reasonably be determined by the Village
official to have a remaining life-span equal to or greater than that
of a proposed structure included in a site plan or subdivision plat.
The Village of Kensington.
The Village Engineer, Village Building Inspector, Village
Superintendent of Public Works or such other person designated by
the Mayor with the approval of the Board of Trustees.
A.
It shall be unlawful for any person to remove, destroy or substantially
alter the habit of one or more of the trees on any parcel of real
property unless a permit has been obtained pursuant to this article.
B.
Nothing in this section shall be construed to prohibit the alteration
of habit of any tree made in accordance with customarily accepted
ornamental procedures.
C.
The prohibition of this section shall not be applicable to an emergency
situation nor to the removal, destruction or substantial alteration
of any tree made in accordance with an accepted landscape plan included
in any part of a building permit or site plan hereafter approved pursuant
to any applicable law.
A.
Any person desiring a permit to remove a tree, as required by this
article, shall submit a written application to the Village official.
The application shall include the following information:
(1)
Name and address of applicant and status of legal entity.
(2)
Status of applicant with respect to the land.
(3)
Written consent of the owner of the land if applicant is not the
owner.
(4)
Name of person preparing any map, drawing or diagram submitted with
application.
(5)
Location of the property, including a street number and address and
lot numbers as shown on the Nassau County Land and Tax Map.
(6)
Diagram of the parcel of land specifically designating the area or
areas of proposed tree removal and the proposed use of such area.
(7)
Location of all proposed structures and driveways on the site.
(8)
Location of all trees and identification of size and species.
(9)
Designation of all diseased or damaged trees.
(10)
Designation of any trees endangering any roadway, pavement or
utility line.
(11)
Any proposed grade changes that might adversely affect or endanger
any trees on the site and specifications of how to maintain them.
(12)
Designation of trees to be removed and trees to be maintained.
(13)
Purpose of tree removal (construction, street or roadway, driveway,
recreation area, patio, parking lot, etc.).
(14)
All materials to be planted, with an indication of size, species
and methods of planting.
B.
The Village official may, in addition, require the applicant to supply
any of the following documentation:
(1)
A site plan specifying the methods to be used to preserve all remaining
trees and their root systems and the means of providing water and
nutrients to their root systems.
(2)
A topographical survey of the land if development or construction
will result in change in elevation of more than five feet or if the
parcel of land is more than one acre in area.
C.
Upon receipt of the application, the Village official shall visit
and inspect the site and contiguous and adjoining lands. If the official
determines that the plan will destroy no more trees than are reasonably
necessary to achieve the proposed development, the permit application
shall be approved. If the official determines that the plan will destroy
more trees than are reasonably necessary to achieve the proposed development,
the application will be denied.
D.
In determining whether or not a permit should be granted, the official
shall consider the following:
(1)
The condition of the tree or trees with respect to disease, insect
attack, danger of falling, proximity to existing or proposed structures
and interference with utility services.
(2)
The necessity of removing the tree or trees in order to construct
the proposed improvements to allow reasonable economic use of the
property.
(3)
The effect of the removal on erosion, soil moisture retention and
flow of surface waters.
(4)
The number and density of trees in the area and the effect of tree
removal on property values of the neighborhood and upon other existing
vegetation.
(5)
Whether any tree in question is a tree worthy of preservation.
(6)
The impact upon the urban and natural environment, including:
(a)
Whether tree removal would substantially alter the water table
or affect the stabilization of ground-and surface water.
(b)
Whether tree removal would affect water quality and aquifer
recharge by reducing the natural assimilation of nutrients, chemical
pollutants, heavy metals and other substances from ground- and surface
waters during the movement of water towards an aquifer or natural
stream.
(c)
Whether tree removal would have an adverse impact upon existing
biological and ecological streams.
(d)
Whether tree removal would affect noise pollution by increasing
source noise levels to such a degree that a public nuisance may be
anticipated or a violation of any applicable noise control law will
occur.
(e)
Whether tree removal will affect air movement by significantly
reducing the ability of existing vegetation to reduce wind velocities.
(f)
Whether tree removal will affect air quality by significantly
affecting the natural cleansing of the atmosphere by vegetation.
(g)
Whether tree removal will affect wildlife habitat by significantly
reducing the habitat available for wildlife existence and reproduction
or causing the emigration of wildlife from adjacent or associated
ecosystems.
(7)
The ease with which the applicant can alter or revise the proposed
development or improvement to accommodate existing trees.
(8)
The economic hardship that would be imposed upon the applicant were
the permit denied.
(9)
The heightened desirability of preserving tree cover in densely developed
or densely populated areas.
(10)
The need for visual screening in transitional zones or relief
from glare, blight, commercial or industrial ugliness or any other
visual affront.
(11)
Whether the continued presence of the tree or trees is likely
to cause danger to a person or property.
(12)
Whether the topography of the area in which the tree is located
is of such a nature as to be damaging or injurious to trees.
(13)
Whether the removal of the trees is for the purpose of thinning
a heavily wooded area where some trees will remain.
The Village official may require the planting of the same or
agreed upon alternate species of trees as are as nearly comparable
in type and size as practical to the trees to be removed, when the
individual character of the tree(s) or the ecological setting requires
special consideration, as a condition for the issuance of a permit
for tree removal. The location for planting of the replacement trees
shall be agreed upon between the applicant and the Village official
prior to issuance of a permit for removal.
Any person aggrieved by a determination of the Village official
in the exercise of the authority granted by this article shall have
the right to appeal, in writing, to the Board of Trustees. Any such
appeal shall be taken within 30 days after the determination of the
Village official. Such appeal shall state the reasons for the appeal.
The determination of the Board of Trustees on said appeal shall be
final and conclusive.
A.
Any application subject to the provisions of this article shall be
accompanied by an application fee posed on the number of trees involved,
ranging from fewer than five to more than 11 and detailed on a schedule
in the office of the Village Clerk as established by resolution of
the Board of Trustees.
[Amended 3-21-1990 by L.L. No. 3-1990]
B.
No permit required by this article shall be issued until the applicant
has posted bond or cash escrow in an amount to be determined upon
the recommendation of the Village official, conditioned upon satisfactory
compliance with the terms of the permit.
[Amended 10-15-2014 by L.L. No. 6-2014]
Any person who violates the provisions of this article shall
be guilty of an offense and shall be subject to a fine not to exceed
$1,000 for each tree the habit of which is removed, destroyed or substantially
altered in violation of this article. In addition, this article may
be enforced by civil action, including an injunction, and any owner
of real property who has violated or permitted a violation of this
article may be directed by the Village official to replace with new
trees (3 1/2 inches to four inches in diameter) any trees removed,
destroyed or substantially altered in violation of this article, and
where such direction has been made, no building permit or certificate
of occupancy shall be issued for structures on said real property
until such replacement has been completed.
In case of emergencies involving, but not limited to, hurricanes,
windstorms, floods, freezes or other natural disasters, the permit
requirements of this article may be waived by the Village official.
A.
Every property owner or occupant shall be responsible for the normal
care, including watering, of trees, shrubs and plants located on such
property.
B.
Willful injury or disfigurement of any tree growing within the Village
shall be a violation of this article.
C.
No person shall:
(1)
Attach any sign, notice or other object to any tree or fasten any
wires, cables, nails or screws to any tree in a manner that could
prove harmful to the tree, except as necessary in conjunction with
activities in the public interest.
(2)
Pour any material on any tree or on nearby ground which could be
harmful to the tree.
(3)
Cause or encourage any unnecessary fire or burning near or around
any tree.
(4)
Construct a concrete, asphalt, brick or gravel sidewalk or otherwise
fill up the ground around any tree so as to cut off air, light or
water from the roots.
(5)
Pile building material or equipment around any tree so as to cause
injury thereto.
D.
A protective barrier shall be placed around the protected trees prior
to land preparation or construction activities and shall remain in
place until all construction activity is terminated.
E.
No equipment, chemicals, soil deposits or construction materials
shall be placed within the protective barriers.
F.
Any landscaping activities subsequent to the removal of the barriers
shall be accomplished with light machinery or hand labor.
[Adopted 12-17-2008 by L.L. No. 3-2008[1]]
[1]
Editor's Note: This local law was originally adopted
as Ch. 126 but was renumbered to maintain the organization of the
Code.
It shall be unlawful for any owner of real property to maintain
a dead tree on any plot, parcel or piece of land within the Village.
The Village Clerk shall give notice to the owner of such plot,
parcel or piece of land that such condition exists by mailing to such
owner a written notice at its last known address. The notice shall
inform the owner that within 30 days of receipt of notice that the
owner is to remove the entire tree and its stump.
A person upon whom notice has been served to remove a dead tree
and stump and who for 30 days shall neglect or fail to comply with
the provision of any such notice shall be deemed to have violated
this article.
Each person who violates any provision of this article shall,
for each and every day that said violation continues, be subject to
a fine of not more than $1,000 or imprisonment for a period not to
exceed six months, or both such fine and imprisonment.
