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 the real property
or its duly authorized agent.
HABIT
The natural growing characteristics of any tree which includes
branch spread and distribution, branch height above ground, and root
spread and distribution.
PERSON
Any individual, firm, partnership, association, corporation,
company, public agency, public utility, or other legal entity or organization
of any kind.
REAL PROPERTY
All real property, public and private, within the Village.
STREET TREE
Any tree located along the side of a street between the street
curb and the closest private property line.
SUBSTANTIAL ALTERATION
Any cutting or drastic pruning or elevating the habit of
a tree which impairs or endangers the life of such tree or destroys
its natural symmetry and shall include, but not be limited to, heavy
or unnecessary cutting of top branches and cutting of major lower
limbs.
TREE
A tree with a diameter of six inches or more at a point which
is four feet six inches above the ground at the base of the tree;
or, in the case of a tree that, without a permit issued pursuant to
this chapter, has been cut or removed so that the foregoing cannot
be determined beyond a reasonable doubt, any such tree that shall
have a diameter of six inches or more at any point.
VILLAGE
The Village of Point Washington North.
[Amended 5-6-2014 by L.L.
No. 1-2014]
A. Application for a permit shall be made to the Building
Inspector.
B. The application shall be made on such form as may
be prescribed by the Building Inspector and shall include, but not
be limited to, the following:
(1) The name and address of the applicant.
(2) The name and address of the owner of the property, including Nassau
County Tax Map number.
(3) The purpose of the proposed removal or alteration.
(4) The site of the proposed removal or alteration, including photograph(s)
of the tree to be removed or substantially altered and photographs
from the trees showing the view toward all neighboring properties.
All photographs shall include a point of reference to determine scale,
such as a yardstick or person.
(5) The size and location of the tree to be removed. In the event the
Building Inspector determines that the proposed tree(s) to be removed
or altered is close to a boundary/property line, then at the Building
Inspector's sole discretion the applicant shall provide a survey
from a licensed surveyor.
(6) The condition of the tree with respect to disease,
hazard, proximity to existing or proposed structures, and interference
with utility services.
(7) The recommendation of a certified arborist or the
tree service that will be performing the removal. Only a certified
arborist or experienced tree service shall be permitted to remove
or substantially alter the habit of a tree within the Village. Any
proposed tree service shall be required to provide satisfactory proof
of its experience to the Building Inspector upon request.
(8) The written and acknowledged authorization of the
owner of the property.
(9) Each tree(s) to be removed and/or altered shall be identified by
attaching a ribbon at least five feet high measured from the ground
to the tree, to identify the proposed tree(s) to be removed or altered.
The ribbon signifying the tree(s) to be removed or altered shall be
on said tree(s) for at least 10 days before any permit is issued by
the Building Department.
C. The decision of the Building Inspector shall be based
upon the following criteria:
(1) The condition of the tree 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 or alteration of the
tree in question.
(3) The effect of the removal or alteration thereof on
ecological systems.
(4) The character established at the proposed site of
removal or alteration with respect to existing vegetation management
practices.
(5) The impact of any removal or alteration upon existing
screening of any road or highway bordering the property.
(6) The noteworthiness of the tree to the character of
the community based upon, among other things, its size, species, and
location.
D. The Building Inspector shall have the authority, in
granting any application to remove or alter a tree, to condition such
grant upon the immediate replacement of such tree by one or more trees,
in total caliper substantially the same as the tree being replaced,
of the same or similar species, or such other reasonable condition
or conditions that are directly related to and incidental to the proposed
removal or alteration of the tree.
E. Any permit issued hereunder may be revoked and all
work authorized by said permit halted if the Building Inspector shall
find that the permit was obtained by false or misleading statements
or the work being performed is not proceeding in accordance with the
terms of the permit and the provisions of this chapter.
F. A permit issued pursuant to this chapter shall expire
six months from and after the date of its issuance. No work may be
performed under an expired permit.
The application fee herein shall be determined
from time to time by resolution of the Board of Trustees. The fee
shall be paid upon submission of the application and shall not be
refundable except with respect to trees that the Building Inspector
determines are either substantially dead or are so diseased, damaged,
uprooted or otherwise affected that they are, or may reasonably be
believed to soon become, a danger to persons or property.