Where a tree's trunk rests wholly or partially on a neighbor's property, no person may submit an application to remove, alter, or prune the overhanging branches or vegetation of such tree or otherwise substantially alter such tree until such person has obtained the consent, in writing, of his or her abutting neighbor, to attach to the submission of the application, of his or her intention to remove, alter, prune, or substantially alter such tree. If such consent is withheld, a resident may submit an application for a permit "consent sought and withheld" and seek recommendation of the Tree Committee pursuant to §
172-9.
Every owner, lessee, tenant, occupant or other person having
possession or charge of any lot or plot of ground in the Incorporated
Village of Munsey Park shall maintain all trees on such lot in such
condition that they do not adversely affect the health, safety and
general welfare of the residents of the Incorporated Village of Munsey
Park, the public or to the streets, sidewalks or underground or aboveground
improvements, including but not limited to the usefulness of a public
sewer or public utility. Whenever a dangerous or menacing condition
shall exist, as recommended by the Tree Committee, a notice shall
be served forthwith upon the owner, lessee, tenant, occupant, or other
person having possession or charge of the lot or plot upon which such
condition exists, requiring him or her to correct such condition within
10 days after receipt of such notice, or within such longer period
as the Village Mayor may deem necessary. In case of the failure of
the owner or occupant of such real property to comply with such notice
within the time therein mentioned, said conditions may be corrected
at the direction of an order of the court or by the Incorporated Village
of Munsey Park at the expense and charge of such owner, lessee, tenant,
occupant or other person having possession or charge of said real
property, such expense to be certified by the Village Mayor and to
be collected by suit in the name of the Incorporated Village of Munsey
Park if not paid to the Village Treasurer within five days after demand.
In addition, such expense may be added to the tax bill of the real
property and shall become a lien on such real property in the same
manner as any Village tax, and may be collected and enforced in such
manner as Village Tax.
[Amended 7-9-2014 by L.L. No. 5-2014]
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.