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.
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 Old Westbury 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 Incorporated Village of Old Westbury.
SPECIMEN TREE
Any living, woody plant of the following species:
A.
Deciduous trees.
Ash (Fraxinus), all species
|
Beech (Fagus), American species and European
species and its cultivars
|
Birch (Betula), all species, six inches diameter
or more
|
Black locust (Robinia pseudo-acacia)
|
Coffee-tree (Gymnocladus dioica)
|
Elm (Umus), American and English species
|
Flowering cherry (Prunus), any Japanese species
or cultivar, six inches in diameter or more
|
Flowering crabapple (Malus), any species or
named cultivar, six inches in diameter or more
|
Flowering dogwood (Comus), American or Chinese
species, six inches in diameter or more
|
Hawthorn (Crataegus), any species or named cultivar,
six inches in diameter or more
|
Hickory (Carya), any species
|
Honey locust (Gleditsia), any named cultivir
(not the species)
|
Hornbeam (Carpinus), all species, six inches
in diameter or more
|
Horse chestnut (Aesculus), all species
|
Japanese maple, four inches in diameter or more
|
Japanese pagoda tree (Sophora japonica)
|
Linden (Tifia), all species and cultivars
|
Magnolia (Magnolia), all species, six inches
in diameter or more
|
Maidenhair tree (Ginkgo biloba)
|
Maple (Acer), all species and cultivars other
than box elder (Acer negundo)
|
Mountain ash (Sorbus), any species, six inches
in diameter or more
|
Oak (Quercus), all species
|
Phellodendron amurense, six inches in diameter
or more
|
Plane-tree (Platanus), both American and London
planes
|
Sassafras (Sassafras albidum)
|
Serviceberry (Amelmichier), all species
|
Sorrell tree or sourwood (Oxydendrum arboreum),
six inches
|
Sweet gum (Liquidambar styraciflua)
|
Tulip-tree (Liriodendron tulipifera)
|
Tupelo (Nyssa sylvatica), also known as "black
gum," "sour-gum" and "pepperidge"
|
Walnut (Juglaris nigra)
|
Yellowwood (Cladrastis lutea), six inches in
diameter 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), al species
|
Hemlock (Tsuga), Canadian and Carolina species
and cultivars, six inches
|
Holly (Ilex), all species, six inches in diameter
or more
|
Pines (Pinus), all species
|
Spruce (Picea), all species
|
Yew (Taxus), all species, hybrids and cultivars
|
C.
Shrubs, evergreen.
Mountain laurel (Kalmia latifolia), four inches
in diameter or more Rhododendron (Rhododendron), all species, hybrids
and cultivars, four inches in diameter 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 6-20-1988 by L.L. No. 10-1988; 4-19-1999 by L.L. No. 3-1999; 6-18-2002 by L.L. No. 2-2002]
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 of
Old Westbury, or to cause such removal, destruction, or substantial
alteration:
(1) Any specimen tree having a diameter equal to or greater
than the size specified in § 196-2A, or greater than 12
inches if the size is not specified, which diameter is measured at
any point at or below four feet six inches above ground level.
(2) Any nonspecimen tree that is 12 inches or more in
diameter, measured at any point at or below four feet six inches above
ground level.
B. No specimen tree named in §
196-2, 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.
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, 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.
[Amended 4-19-1999 by L.L. No. 3-1999; 6-18-2002 by L.L. No.
2-2002]
A. Application for a permit shall be made to the Superintendent
of Buildings.
B. The application shall be made on such forms as may
be prescribed by the Superintendent of Buildings 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 Building Department
or Environmental Commission may deem necessary for evaluation of the
application.
D. The Superintendent of Buildings shall request an advisory
opinion and recommendation from the Village's Environmental Commission
in connection with an application brought pursuant to this chapter
affecting five or more trees. If the Environmental Commission fails
to provide an advisory opinion or recommendation within 15 business
days of the request by the Superintendent of Buildings, then the Commissioner
of Public Works or his designee may approve the application. With
respect to all such applications affecting less than five trees, the
Superintendent of Buildings may request an advisory opinion and recommendation
from the Environmental Commission.
[Amended 6-16-2003 by L.L. No. 2-2003; 9-17-2007 by Ord. No.
5-2007]
E. The decision of the Superintendent of Buildings 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.
(6) If provided, the advice and recommendation of the
Environmental Commission, which shall at a minimum consider the aforesaid
five criteria.
[Amended 6-16-2003 by L.L. No. 2-2003; 11-15-2010 by L.L. No.
5-2010; 12-16-2013 by L.L. No. 2-2013]
The application fee shall be $50 per tree.
[Amended 6-18-2002 by L.L. No. 2-2002]
A. Private property. Any specimen or nonspecimen tree
growing on private real property which is endangering or, in the opinion
of the Environmental Commission, Superintendent of Buildings or the
Building Inspector of the Incorporated Village of Old Westbury, 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 the Environmental Commission or
Superintendent of Buildings. In the event that the property owner
fails to remove or trim such specimen or nonspecimen tree within said
time, the Environmental Commission 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 Building Inspector or his designee to remove or alter any specimen
or nonspecimen tree he deems necessary to protect the health, safety
and welfare of the Village residents.
[Amended 6-18-2002 by L.L. No. 2-2002; 11-15-2010 by L.L. No.
5-2010]
A. The Environmental
Commission, Architectural Review Board, or the Superintendent of Buildings,
as applicable, may require the planting 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.
B. In the event the Environmental Commission, Architectural Review Board, or the Superintendent of Buildings determines that replacement planting is required pursuant to Subsection
A but that, either upon request of the applicant or upon its own review, the Commission, Board or Superintendent determines that replacement planting of one or more trees to be removed is impractical, unfeasible or undesirable within the confines of the subject property, a fee of $75 per inch of diameter of each such tree required to be replaced shall be assessed, collected and placed in a trust account for replacement planting of specimen or nonspecimen trees on public property and associated equipment for such purposes consistent with the findings in §
196-1 of this chapter.
C. A trust account is hereby authorized and directed to be established from which funds collected pursuant to this section may be held and expended for replacement planting of specimen and nonspecimen trees on public property and for equipment associated therewith to carry out the public purposes recited in §
196-1 of this chapter.
D. Any proposed
change in landscaping that involves the removal of trees must be accompanied
by a landscape plan, submitted by a certified landscape architect
with seal and signature, showing the caliper of trees to be removed
and a list of replacement trees cumulatively resulting in a minimum
10% additional caliper.
[Amended 6-18-2002 by L.L. No. 2-2002]
A. Any person aggrieved by any act or determination of
the Environmental Commission or Superintendent of Buildings 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.
[Amended 4-19-1999 by L.L. No. 3-1999; 6-18-2002 by L.L. No.
2-2002; 12-16-2013 by L.L. No. 2-2013]
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 $1,500 and no more than $10,000 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.
[Amended 6-18-2002 by L.L. No. 2-2002]
Nothing herein shall abridge or alter any rights
or remedies now or hereinafter existing, nor shall this chapter nor
any provision thereof nor any rule or regulation promulgated thereunder
be construed as estopping the People of the Village of Old Westbury
from exercising its rights and fulfilling its obligations to protect
the public health, safety and welfare.