[HISTORY: Adopted by the Board of Trustees
of the Village of Rye Brook 11-13-2007 by L.L. No. 17-2007;[1] amended in its entirety 4-28-2009 by L.L. No. 4-2009.
Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Erosion and sediment control — See Ch. 118.
Parks — See Ch. 170.
Screening and buffering facilities — See Ch. 200.
Subdivision of land — See Ch. 219.
[1]
Editor's Note: This local law also repealed
former Ch. 235, Trees, adopted 10-24-1989 by L.L. No. 5-1989, as amended.
A.
The Village of Rye Brook has a vital interest in the
planting and preservation of trees within its borders. Trees provide
necessary shade, green space and aesthetic appeal, impede soil erosion,
aid water absorption and provide other environmental benefits and
generally enhance the quality of life within the Village. They control
water pollution, purify the air and generate oxygen, aid in mitigating
noise and reduce energy consumption by providing shade. Trees increase
the beauty and value of all properties in the Village of Rye Brook
and provide benefit to wildlife and the ecosystem. The destruction
and removal of trees causes increased costs to the Village for drainage
control, impairs the value of both improved and unimproved real property,
and has deleterious effects on the health and general welfare of the
citizens of Rye Brook. This chapter, therefore, establishes standards
for the protection of these valuable specimens, and further spells
out a workable method of determining under which circumstances a tree
may reasonably be removed.
B.
Indiscriminate and uncontrolled destruction of trees,
including but not limited to clear cutting, deprives the community
of all these benefits. The purpose of this chapter is to preserve
trees and minimize damage and removal, thereby enhancing the health,
property values, safety and general welfare of the habitants of the
Village of Rye Brook.
As used in this chapter, the following terms
shall have the meanings indicated:
A condition in which severe weather, storms, natural or nonnatural
causes severely affect the integrity of a tree and such condition
poses an immediate threat to life, property or the general public.[1]
Any individual, partnership, corporation, municipality or
other entity, together with employees, officers, directors, agents,
independent contractors or any lessee or contract-vendee of a parcel
of property, who or which owns any real property or portion of real
property within the jurisdiction of the Village who has submitted
an application for a permit to remove a tree on its property.
The Superintendent of Public Works/Village Engineer, and
his or her designee, shall be the Approving Authority for tree removal
permits, except the Board of Trustees shall be the Approving Authority
for a Significant Tree.
[Amended 10-27-2020 by L.L. No. 9-2020]
A professional, holding certification regulated and maintained
with the International Society of Arboriculture (ISA), who manages
and maintains trees (generally in an urban environment). This includes
planting, pruning, structural support, the treatment of disease, insect,
or abiotic disorders, lightning protection, and tree removal.
Any removal of 30% or more trees that are each 10 inches
or more in DBH (diameter at breast height) over any five-year period
as determined on the basis of trees requiring a tree removal permit
on said property.
[Amended 10-14-2014 by L.L. No. 8-2014]
The diameter or caliper of a tree measured at a point 4 1/2
feet above ground level at the base of the tree on the uphill side.
Any tree as defined in this chapter which has a DBH of eight
or more inches.
An imaginary, roughly circular line extending from the maximum
spread of the limbs of a tree to the ground.
Any act that may cause a tree to die within a three-year
period from the date of the act, including, but not limited to, severing
or removing soils, soil compaction and storage of materials or equipment
around the base of the tree and within the drip line, stripping of
bark, setting fires on or near a tree, severe pruning, applying chemicals,
or changing the ground level within the drip line.
A real property development that consists of a common area
that is owned by an association or by the property owners in common.
[Added 11-24-2020 by L.L.
No. 1-2021]
A method of cutting off leaves or branches within limits
in order to remove dead or diseased foliage or branches. Pruning is
also used to control or direct growth, increase quality or yield of
flowers or fruit and to ensure growth position of main branches to
enhance structural strength.
The base of trunk that swells out to become buttress roots
entering the soil; root collar usually at or near ground level.
A low-growing woody plant that is naturally smaller than
a tree and produces multiple stems instead of a single trunk. Shrubs
are either evergreen or deciduous.
A tree with a DBH of 30 inches or more.
Trees within the Village-owned right-of-way adjacent to a
roadway.
A deciduous or coniferous plant with an erect perennial trunk
and a definitely formed crown of foliage.
[Amended 10-14-2014 by L.L. No. 8-2014]
The uppermost layer of vegetation in woodland, or the upper
foliage and branches of an individual tree.
A plan of the property in question indicating the location,
species, DBH and condition of all trees six inches DBH or greater
and detailing the methods and practices to be used to provide protection
from injury during construction for all trees to be preserved. The
plan shall clearly identify all trees as being removed and to remain.
A written authorization to remove a tree(s) pursuant to this
chapter.
The severe cutting back of limbs larger than three inches
in diameter within the tree’s crown to stubs, to such a degree
so as to remove the normal canopy and disfigure the tree.
[1]
Editor's Note: The former definition of "Advisory Council
on Environmental Conservation," which immediately followed, was repealed
2-24-2015 by L.L. No. 6-2015.
A.
The spacing of street trees will be in accordance
with the following size classes unless otherwise directed by the Approving
Authority, and the preferred distances between trees are: small trees,
30 feet; medium trees, 40 feet; and large trees, 50 feet; except in
special plantings designed or approved by the Engineering Department.
(1)
Small trees are defined as having an ultimate height
equal to or greater than 13 feet but less than 30 feet.
(2)
Medium trees are defined as having an ultimate height
equal to or greater than 31 feet but less than 52 feet.
(3)
Large trees are defined as having an ultimate height
equal to or greater than 52 feet.
B.
The Approving Authority shall have primary responsibility
for the selection, planting, care, maintenance, protection and removal
of all trees on municipal properties.
The distance trees may be planted from curbs,
curblines or sidewalks will be in accordance with the species size,
and the final determination will be made by the Approving Authority.
No street tree shall generally be planted closer
than 30 feet to any street corner, measured from the point of the
nearest intersection curbs or curblines. No street tree shall be planted
closer than 10 feet to any fire hydrant.
A.
No street trees may be planted over or within three
lateral feet (small or medium) or five lateral feet (large) of any
underground water line, sewer line, transmission line or other utility.
B.
Where street trees are to be planted under utility
lines, selections shall be made of a species compatible to be planted
under power lines and other utilities. Such species of tree shall
not have a mature height exceeding 30 feet.
No private person, municipal employee or contractor,
or employee of a private firm shall purposefully, carelessly or negligently
kill, cut, break, injure, trim, change the grade of or otherwise destroy
or mortally damage any tree in any public place within the Village
without first obtaining a Tree Removal Permit from the Approving Authority.
[Amended 10-14-2014 by L.L. No. 8-2014]
On private improved properties:
A.
No person or firm shall, without a Tree Removal Permit,
purposefully, carelessly or negligently cut down or otherwise destroy
any tree which has a DBH of 10 inches or greater.
B.
No person or firm shall purposefully, carelessly or
negligently cause petrochemicals, herbicides or other toxic substances
to penetrate into the soil in or about a tree's root system so as
to effectively kill any tree which has a DBH of 10 inches or more.
C.
No person or firm shall, without a Tree Removal Permit
and approved preventative measures, undertake construction, alteration,
addition, demolition, grading or drive heavy machinery within 25 feet
of any tree which has a DBH of 10 inches or greater. Approved preventative
measures shall be to the satisfaction of the Approving Authority.
D.
Utility trenching within the drip lines of any tree
shall be prohibited. Utilities that cannot be routed otherwise shall
be tunneled at least two inches to four inches, or as recommended
per ISA standards, below the surface to avoid cutting through tree
roots.
E.
No person
or firm shall purposefully, carelessly or negligently clear cut, improperly
prune, or cause injury to any tree which has a DBH of 10 inches or
greater.
On private unimproved or developing properties:
A.
No person or firm shall, without a Tree Removal Permit,
purposefully, carelessly or negligently cut down or otherwise destroy
any tree which has a DBH of 10 inches or greater.
[Amended 10-14-2014 by L.L. No. 8-2014]
B.
All Applicants for subdivision, site plan review,
land clearing, major landscaping or other development requiring tree
removal shall be required to submit a tree preservation map. Refer
to the Appendix at the end of this chapter for minimum guidelines.
C.
Under this chapter, all Applicants shall be held responsible
for any actions of their contractors or subcontractors, who shall
be made familiar with this chapter and with the guidelines located
in the Appendix at the end of this chapter.
D.
Utility trenching within the drip lines of any tree
shall be prohibited. Utilities that cannot be routed otherwise shall
be tunneled at least two inches to four inches, or as recommended
per ISA standards, below the surface to avoid cutting through tree
roots.
E.
No person
or firm shall purposely, carelessly or negligently clear cut, improperly
prune, or cause injury to any tree which has a DBH of 10 inches or
greater.
[Added 10-14-2014 by L.L. No. 8-2014]
A.
Every owner, tenant, occupant and leaseholder of any
tree or shrub on private property overhanging any right-of-way within
the Village shall prune the branches so that such branches shall not
obstruct the light from any street lamp, interfere with utilities
or obstruct the view of any street intersection or any traffic control
device and so that there shall be a clear space of eight feet above
the surface of the street or sidewalk. Said owners shall remove all
dead, diseased or dangerous trees or broken or decayed limbs which
constitute a menace to the safety of the public.
B.
All such work shall be supervised and performed by
a licensed and insured tree removal contractor.
C.
The Village of Rye Brook shall have the right to prune
any tree or shrub on private property when it interferes with the
proper spread of light along the street from a streetlight or interferes
with visibility of any traffic control device or sign or interferes
with visibility at an intersection.
In the course of duties involving the service
and repair of existing public utility company facilities, employees
thereof hereby are authorized and permitted to prune, trim or alter
trees within parameters of accepted horticultural practice, provided
that said employees remove all debris resulting from such pruning
and trimming of trees. If a utility company proposes to remove any
tree, permission from the Approving Authority with proper permitting
must be obtained.
It shall be unlawful to engage in the Topping
of any street tree or other tree on public and private properties.
Trees severely damaged by storms or other causes and trees under utility
wires or other obstructions where other pruning practices are impractical
may be exempted from this chapter at the determination of the Approving
Authority.
A.
The Approving Authority shall have primary responsibility
for administering this chapter through the issuance, revocation or
denial of tree permits and may consult with the Village Arborist at
the Applicant's expense.
B.
Application for a Tree Removal Permit shall be made to the Approving
Authority on prescribed forms available in the Village office. All
application materials shall be submitted in electronic file format
acceptable to the Building Department in addition to at least one
signed original application form and three paper copies of all plans
and surveys, or such other format or amount as determined by the Building
Department. The Building Department may waive the electronic submission
requirement only in extraordinary cases of technical infeasibility.
[Amended 10-28-2014 by L.L. No. 9-2014]
C.
A Tree Removal Permit shall normally be issued or
favored when the following conditions exist:
(1)
The location of the tree(s) clearly endangers the
health, safety and welfare of the general public, the property owner
or the adjoining property owner closest to the tree(s).
(2)
The location of the tree(s) prevents the property
owner from undertaking a construction or alteration because the location
of the tree(s) substantially interferes with a permitted use of the
property and the construction or alteration cannot be reasonably adjusted
to accommodate the tree(s).
(3)
The location of the tree(s) prevents compliance with
state, county or local standards for sightlines, driveways or intersections.
(4)
The tree(s), due to death or advanced age, disease,
blight, infestation, storm damage, accident or other condition, causes
undue hardship for the property owner to maintain it (them).
D.
A Tree
Removal Permit should receive favorable consideration when one or
more of the following conditions exist:
[Added 10-14-2014 by L.L. No. 8-2014[1]]
(1)
The
tree to be removed is an invasive species.
(2)
The
tree to be removed is within 10 feet of the residential dwelling,
and the tree or structure is showing visible signs that the structural
integrity of the tree or structure is being compromised by the existence
of the tree to be removed.
(3)
There
have been no more than four Tree Removal Permits issued at the subject
property in the past three years.
E.
Any Applicant who has been denied a Tree Removal Permit
may appeal to the Village Board of Trustees. The appeal must be submitted,
in writing, to the Village Board of Trustees within 30 days of the
date of the decision of the Approval Authority.
F.
A Tree Removal Permit may be revoked by the Approving Authority if it should be determined that the permitted work has exceeded the terms and/or scope of the tree permit. Revocation of a tree permit may be appealed in accordance with § 235-14.
G.
The Mayor
and Administrator shall have the authority to temporarily suspend
or limit the Tree Removal Permit requirements for up to 30 days as
a result of any natural emergency affecting large sections of the
Village, including but not limited to a nor'easter, tropical storm,
or hurricane. Any temporary suspension or limitation shall be made
in writing and signed by both the Mayor and Administrator.
[Added 10-14-2014 by L.L. No. 8-2014]
The appeal procedure shall be as follows:
A.
The Village Board of Trustees shall hear any appeal brought in accordance with § 235-13D within 45 days of the submission of the appeal.
B.
The Village Board of Trustees, on reviewing an appeal, shall take into consideration the factors set forth in § 235-13C, as well as any evidence presented by the Applicant in support of the issuance of a Tree Removal Permit.
C.
The Village Board of Trustees may retain a Certified
Arborist, at the Applicant's expense, to perform a hazard tree evaluation
of any tree which is the subject of an appeal. In the event the Village
Board of Trustees determines to retain a Certified Arborist as set
forth above, the Applicant shall make payment for the services for
the Certified Arborist in an amount specified by the Village and paid
within the earlier of three weeks of the date in which the decision
was made to retain a Certified Arborist or prior to the date on which
the appeal is to be heard by the Village Board of Trustees. Failure
to comply with the requirement may prohibit continuation of the appeal
from being processed.
D.
Upon its evaluation of the factors set forth in § 235-13C, as well as any evidence presented by the Applicant, the Village Board of Trustees may grant the appeal and order the issuance of a Tree Removal Permit; grant the appeal with conditions and order the issuance of a Tree Removal Permit; or reaffirm the determination of the previous Approving Authority and deny the appeal. Failure to comply with the provisions or conditions of any determination by the Village Board of Trustees shall constitute a violation of this chapter.
E.
All determinations and decisions of the Village Board
of Trustees shall be by a majority vote of the total authorized voting
power. Minutes of the meetings, together with copies of all determinations
and decisions, shall be submitted to the Village Administrator/Clerk
within a reasonable time after each meeting.
Any Tree Removal Permit issued pursuant to this
chapter may be issued with conditions. Such conditions may be attached
as the Approving Authority deems necessary to ensure compliance with
the policies and provisions of this chapter. The Approving Authority
may, as a condition of granting a Tree Removal Permit:
A.
Require reasonable improvements, such as relocation
of proposed foundation walls, driveways, surface and subsurface improvements
or drainage systems, to preserve a specific tree or forest area.
B.
Require such safeguards as appropriate to minimize
the environmental impact of such removal operations.
C.
Require the replanting of an equal or greater number
of trees of the same or similar species as those removed, at the Approving
Authority's discretion, based on the size and condition of the trees
removed.
D.
Prior to the issuance of a permit with conditions,
the Approving Authority may request a bond or cash equivalent in the
appropriate amount deemed necessary. Bond or cash equivalent will
be returned to Applicant upon the satisfactory completion of work
inspected to the satisfaction of the Approving Authority.
A Tree Removal Permit shall not be valid for
more than 120 days after approval of an application for same by the
Approving Authority, unless otherwise specified by the Approving Authority.
All permits shall expire upon completion of the work and compliance
with the conditions specified therein. Permits may be renewed by the
Approving Authority upon application submitted at least 10 days before
the expiration of the permit. Standards for issuance of renewals may
be the same as for the issuance of original permits.
A.
Any site for which an application has been submitted
shall be subject to inspection upon notice to the property owner and
Applicant at any reasonable time, including weekends and holidays,
by the Approving Authority. The property owner and Applicant, by making
application for a Tree Removal Permit, shall be deemed to have given
consent to such inspection. The property owner and Applicant shall
indemnify and hold the Village of Rye Brook harmless against any damage
or injury that may be caused by or arise out of any entry onto the
subject property in connection with the processing of the application,
during tree removal or within four months after the completion of
the work.
[Amended 7-13-2010 by L.L. No. 7-2010]
Removal of any tree shall require the following actions:
A.
All persons granted a Tree Removal Permit shall be required to replant
a native noninvasive two- to two-and-one-half-inch-caliper tree on
said property or, if said property is located in a planned development,
the required trees may be replanted on common property owned or maintained
by the homeowners' association, if permission of the homeowners'
association is received and submitted to the approving authority in
writing.
[Amended 10-14-2014 by L.L. No. 8-2014; 11-24-2020 by L.L. No. 1-2021]
(1)
The number of replacement trees shall be as based on caliper removed
as follows:
|
DBH of Tree Removed
(inches)
|
Replanting Requirement
| |
|---|---|---|
|
Under 10
|
No replanting necessary
| |
|
10 to 24
|
One 2-inch to 2 1/2-inch caliper tree
| |
|
25 to 36
|
Two 2-inch to 2 1/2-inch caliper trees
| |
|
37 to 48
|
Three 2-inch to 2 1/2-inch caliper trees
| |
|
49 or greater
|
Four 2-inch to 2 1/2-inch caliper trees
|
(2)
When restoration is determined by the Approving Authority to be impractical
due to lack of proper planting space, a restoration fee may be imposed
with funds deposited into the Village's Street Tree Fund. Such fee
shall be in accordance with the License and Fee Schedule.[1]
[1]
Editor's Note: Said schedule is on file in the Village offices.
(3)
Note: Ornamental trees or shrubs may not be substituted under the
restoration requirement.
B.
All restoration work shall be completed within six months of granting
of a permit. An extension shall be granted by the Approving Authority
between the months of November through February for an additional
three months.
C.
All restorative work shall be done in accordance with good and acceptable
planting and tree surgery practice.
D.
All trees that fail to survive as a result of the restoration work required under this section for a period of two calendar years following planting shall be replaced by the owner of the land. Said replacement shall be within 60 days following written demand from the Village for such replacement, or within an extended period of time as may be specified. Should the property owner fail to replace the trees pursuant to demand within the required period of time, the Village has the right to impose penalties as set forth in § 235-24 of this chapter.
E.
All tree planting, tree dressing and associated restoration work
must be substantially completed within six months from the date of
issuance of the decision of the Approving Authority.
F.
The tree trunk, limbs, stump and any roots remaining above grade
shall be removed completely to a depth of six inches to eight inches
below grade.
G.
The disturbed area shall be backfilled, replanted and/or reseeded.
H.
The Applicant shall remain responsible for the acts of his employees,
contractors or subcontractors.
I.
Tree removal and restoration shall conform to guidelines set forth
in the Appendix at the end of this chapter and those promulgated by
the Approving Authority, in consultation with the Village Planning
Consultant.
J.
Applicants
shall be allowed to self-certify that all replanting requirements
have been met by submitting a sworn affidavit that includes the name
and address of the property, the date all plantings were completed,
and the species, DBH, location, and photograph of each of the new
plantings. Such self-certifying affidavit must be submitted to the
Village within 30 days of the date of the last planting. Self-certification
shall not preclude the Approving Authority from performing inspections
at its discretion to confirm that all replanting requirements have
been met.
[Added 10-14-2014 by L.L. No. 8-2014]
The following activities are permitted without
a Tree Removal Permit:
A.
Removal of any tree, including a Significant Tree,
under an actual or ongoing emergency condition when such immediate
tree removal is necessary for the protection and preservation of life
or property and there is no time to wait for granting of a Tree Removal
Permit. Within three days thereof, a detailed hazard tree report from
a Certified Arborist and documented evidence, such as photographs,
along with a completed tree removal application shall be submitted
to the Superintendent of Public Works/Village Engineer setting forth
the nature and extent of the immediate threat.
[Amended 10-27-2020 by L.L. No. 9-2020]
A.
Prior to the removal of any dead tree that has been
found to be dead by a Certified Arborist using ISA-approved techniques,
the Applicant shall submit a Tree Removal Permit application and a
copy of the report from the Certified Arborist along with photographs
of the dead tree(s).
[Amended 10-14-2014 by L.L. No. 8-2014]
B.
The Approving Authority shall have the right to cause
the removal of any dead or diseased trees on private property within
the Village when such trees constitute a hazard to life and property
or harbor insects or diseases which constitute a potential threat
to other trees within the Village. The Approving Authority shall notify,
in writing, the owners of such trees. Removal shall be done by said
owners through the services of a Certified Arborist, at their own
expense, within 30 days after the date of service of notice. In the
event of failure of owners to comply with such provisions, the Approving
Authority shall have the authority to remove such trees and charge
the cost of removal to the owner. If the charge is not paid within
30 days from the date of the bill, a penalty of 5% of the amount due
shall be assessed, and a further penalty of 1% shall be added for
each succeeding month or any portion thereof in which the charge is
not paid. The Village Clerk/Administrator shall cause, on the next
succeeding tax roll, any said unpaid tree removal charges and penalties
thereon in excess of 60 days to be added to the Village tax bills.
Said tree removal charges and penalties shall constitute a lien on
the real property so affected.
[Amended 10-27-2020 by L.L. No. 9-2020]
A.
A Significant Tree shall not be removed without the approval of the
Village Board of Trustees, except under the following circumstances:
(1)
When the removal of the Significant Tree is in conjunction with an approved site plan application pursuant to Chapter 209 of the Village Code;
(3)
When the Village Arborist in his or her discretion, or Superintendent of Public Works/Village Engineer in consultation with a certified arborist, finds that a Significant Tree is dead or diseased or structurally compromised. A Significant Tree that is dead or diseased or structurally compromised may be removed pursuant to the provisions of § 235-20. Such tree removal permit shall be reviewed by the Superintendent of Public Works/Village Engineer, who shall be the Approving Authority in such instances as described herein.
A.
Within 30 days after completion of all tree removals
and restoration authorized under a permit issued in accordance with
this chapter, the Applicant shall notify the Approving Authority of
such completion.
B.
Within 30 days of such notification of completion
of work, the Approving Authority shall inspect or cause to be inspected
the tree removal site for compliance with all conditions of the permit.
(1)
When all tree removal(s) authorized under a permit
is deemed to be completed in an acceptable fashion, the Approving
Authority shall close out an open permit.
(2)
When tree removals and replanting authorized under
permit are deemed not acceptable, the Approving Authority shall so
notify the Applicant. The notification of noncompliance shall include
a list of all conditions in violation of the terms of the permit and
shall specify a time limit for the correction of all items so listed.
[1]
Editor's Note: Former § 235-23, Advisory Council
on Environmental Conservation, was repealed 2-24-2015 by L.L. No.
6-2015.
A.
In the event of a violation, the Approving Authority
shall have the authority to propose suitable mitigation in connection
with said violation based on formulas listed below, prior to an appearance
ticket being issued. If the violator does not agree to proposed mitigation,
the Approving Authority shall request the court to require such and
additional measures. Mitigation by the Approving Authority shall be
based on the following formulas: (DBH x 0.475) or [(Widest
portion of remaining stump) x 0.475].
B.
Any person, firm, corporation, or other entity who
or which undertakes any regulated activity without a Tree Removal
Permit required by this chapter or who violates any condition attached
to a Tree Removal Permit, or who otherwise violates any of the provisions
of this chapter shall be guilty of an offense punishable by a fine
of not less than $500 and not more than $750 per violation. Each tree
removed without a Tree Removal Permit required by this chapter or
in violation of any condition attached to a Tree Removal Permit or
otherwise removed, killed, cut, broken, injured, clear-cut, topped,
improperly pruned or otherwise destroyed or mortally damaged in violation
of this chapter shall constitute a separate offense. For a second
and each subsequent violation within a one-year period, the violator
shall be guilty of each separate offense punishable by a fine of not
less than $600 and not more than $1,000 per violation or a term of
imprisonment of not more than 15 days, or both. In the case of a tree
destroyed or removed without a Tree Removal Permit, another tree,
or multiple trees equaling the DBH of the tree removed, shall be replanted
at the expense of the property owner. Species, DBH and location of
trees shall be as specified by the Approving Authority.
[Amended 10-14-2014 by L.L. No. 8-2014]
C.
Each violation of the provisions of this chapter shall
be a separate and distinct offense, and, in the case of a continuing
offense, each week's continuance thereof shall be deemed a separate
and distinct offense. In addition, the Approving Authority may request
and the court may order or direct a violator to replace any or all
trees removed illegally, with a size and type selected by the Approving
Authority. The court shall specify a reasonable time for the completion
of such restoration, which shall be effected under the supervision
of the Approving Authority.
D.
The Village shall not issue a building permit, temporary
Certificate of Occupancy or Certificate of Occupancy for any property
for which a violation of this chapter has been served, or for which
an administrative or judicial proceeding has been commenced under
this section, until said violation or proceeding is dismissed or resolved
to the satisfaction of the Approving Authority or Court, as is appropriate.
E.
The Village shall have the right to seek equitable
relief to restrain any violation or threatened violation of any provision
of this chapter and to compel the replacement of any or all trees
removed illegally and the restoration of the land affected to its
condition prior to the provisions of this chapter.
F.
Prior to the issuance of a Tree Removal Permit with
conditions, the Approving Authority may request a bond or cash equivalent
in the appropriate amount deemed necessary. The bond or cash equivalent
will be returned to applicant upon the satisfactory completion of
work inspected to the satisfaction of the Approving Authority.
[Amended 10-27-2020 by L.L. No. 9-2020]
The Superintendent of Public Works/Village Engineer,
designee, and Code Enforcement Officer(s) are hereby authorized to
issue appearance tickets for violations of this chapter as well as
stop-work orders.
Nothing contained in this chapter shall be deemed
to impose any liability upon the Village, its officers, committees
or employees, nor to relieve the owner of any private property from
the duty to keep any tree, shrub or plant upon any area on his property
or under his control in such conditions as to prevent it from constituting
a hazard or an impediment to travel or vision upon any street, park,
public or place within the Village.
If any clause, sentence, paragraph, section
or part of this chapter shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair
or invalidate the remainder thereof but shall be confined in its operation
to the clause, sentence, paragraph, section or part thereof directly
involved in the controversy in which such judgment shall have been
rendered.
