[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.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 89.
Fees and deposits — See Ch. 112.
Landscaping — See Ch. 125.
Zoning — See Ch. 205.
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:
APPLICANT
The owner, contract vendee or lessee of real property or its duly authorized agent.
ARBORIST
A specialist in the planting and maintenance of trees appointed by the Board of Trustees to administer this chapter.
HABITAT
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.
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.
SPECIMEN TREE
Any living, woody plant of the following species:
A. 
Deciduous trees.
[Amended 10-28-2014 by L.L. No. 3-2014]
Beech (Fagus), American species and European species and its cultivars
Birch (Betula), all species, 20 inches in circumference or more
Coffee-tree (Gymnocladus dioica)
Elm (Umus), American and English species
Flowering cherry (Prunus), any Japanese species or cultivar, 20 inches in circumference or more
Flowering crabapple (Malus), any species or named cultivar, 20 inches in circumference or more
Flowering dogwood (Cornus), American or Chinese species, 20 inches in circumference or more
Hawthorn (Crataegus), any species or named eultivar, 20 inches in circumference or more
Hickory (Carya), any species
Honey locust (Gleditsia), any named cultivir (not the species)
Hornbeam (Carpinus), all species, 20 inches in circumference or more
Horse chestnut (Aesculus), all species
Japanese maple, 12 inches in circumference or more
Japanese pagoda tree (Sophora japonica)
Linden (Tifia), all species and cultivars
Magnolia (Magnolia), all species, 20 inches in circumference or more
Maidenhair tree (Ginkgo biloba)
Maple (Acer), all species and cultivars, excluding Boxelder (Acer negundo) and Norway maple (Acer platanoides)
Mountain ash (Sorbus), any species, 20 inches in circumference or more
Oak (Quercus), all species
Phellodendron amurense, 20 inches in circumference or more
Plane-tree (Platanus), both American and London planes
Sassafras (Sassafras albidum)
Serviceberry (Amelmichier), all species
Sorrell tree or sourwood (Oxydcndrum arboreum),. 20 inches in circumference or more
Sweet gum (Liquidambar styraciflua)
Tulip-tree (Liriodendron tulipifera)
Tupelo (Nyssa sylvatica), also known as "black gum," "sour-gum" and "pepperidge" Walnut (Juglans nigra)
Yellowwood (Cladrastis lutea), 20 inches in circumference or more
Zelkova (Zelkova japonica)
B. 
Evergreen trees.
Arbor vitae (Thuja occidentalis), American arbor vitae Cedar (Cedrus), all species
Douglas fir (Pseudotsuga menziesii)
False cypress (Chamaecyparis), all species and cultivars
Firs (Abies), all species
Hemlock (Tsuga), Canadian and Carolina species and cultivars, 20 inches in circumference or more
Holly (Ilex), all species, 20 inches in circumference or more
Pines (Pinus), all species
Spruce (Picea), all species
Yew (Taxus), all species, hybrids and cultivars
C. 
Shrubs, evergreen.
Mountain laurel (Kalmia latifolia), three inches in circumference or more
Rhododendron (Rhododendron), all species, hybrids and cultivars, three inches in circumference or more
SUBSTANTIAL ALTERATION
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:
Tree:
Ash (Fraxinus) all species
Black locust (Robina pseudoacacia)
Norway maple (Acer platanoides)
Boxelder (Acer negundo)
Bradford pear (Pyrus calleryana)
Shrubs:
Burning bush (Euonymus alatus)
Japanese barberry (Berberis thunbergii)
Nonclumping bamboo
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:
(1) 
The name and address of the applicant.
(2) 
The purpose of the proposed removal, destruction or alteration.
(3) 
The site of the proposed removal, destruction or alteration.
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.