A.
It shall be unlawful for any person without a permit to remove, destroy
or substantially alter the habit or habitat of any tree specified
above located on any real property within the Incorporated Village
of Munsey Park, or to cause such removal, destruction, or substantial
alteration of:
(1)
Any specimen tree having a diameter equal to or greater than the size specified in § 172-2, which diameter is measured at four feet six inches above ground level.
B.
This article 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 reasonably imminent danger
to human life or property, as determined by the Tree Committee, or
to the removal, destruction or substantial alteration of the habit
or habitat of any specimen or nonspecimen tree accomplished pursuant
to customarily accepted ornamental or therapeutic practices.
[Amended 7-9-2014 by L.L. No. 4-2014]
A.
The Tree Committee may require the planting of another tree or trees
(specimen or nonspecimen) which is/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. The Tree Committee may specify
or may allow the homeowner to choose the location for planting of
the replacement specimen or nonspecimen tree or trees. However, when
the tree or trees (specimen or nonspecimen) to be removed, destroyed
or affected by the alteration is/are located within 10 feet of any
property line, the Tree Committee shall require the planting of another
tree or trees (specimen or nonspecimen) which is/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.
B.
The required replacement and written notification to the Tree Committee
of the replacement must be completed within six months of the issuance
of the permit.
C.
In addition to any permit fees, as specified in § 172-16, the applicant shall deposit with the Village Clerk the sum of $500 per application. The deposit amount will be returned to the applicant when the Tree Committee has determined that compliance with the replacement provision has occurred. Failure to comply with the replacement provision of this article will result in the forfeiture of the applicant's deposit. The forfeiture of the deposit will not relieve the applicant from compliance with the replacement provisions of this article or the penalties pursuant to § 172-12.
