[HISTORY: Adopted by the Board of Trustees of the Village of Kings Point 11-19-1986 by L.L. No. 9-1986. Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 60.
Freshwater wetlands — See Ch. 91.
Parks — See Ch. 109.
Property maintenance — See Ch. 117.
A. 
The Board of Trustees of the Incorporated Village of Kings Point hereby finds that there is a direct relationship between the preservation and planting of trees, shrubs and associated vegetation in sufficient numbers in the Village of Kings Point and the health, safety and welfare of Village residents and that trees, shrubs and associated vegetation are related to the natural, scenic and aesthetic values and the physical and visual qualities of the environment which the Village is obligated to protect. Trees and such vegetation reduce noise, provide welcome shade to Village residents, preserve the balance of oxygen in the air by removing carbon dioxide and fostering air quality and create a bucolic and rural atmosphere in the Village, especially along the roads. Trees also stabilize the soil and control water pollution by preventing soil erosion and flooding, yield advantageous climatic effects and provide a natural habitat for wildlife.
B. 
The destructive and indiscriminate removal of trees and related vegetation causes increased Village costs for proper drainage control, impairs the benefits of occupancy of existing residential properties and impairs the stability and value of both improved and unimproved real property in the area of the destruction and adversely affects the health, safety and general welfare of the residents of the Incorporated Village of Kings Point.
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.[1]
HABIT
The natural growing characteristics of any tree, which includes branch spread and distribution, branch height above ground, and root spread and distribution.
[Amended 6-19-2023 by L.L. No. 5-2023]
PERMIT
Any approved tree removal application, written official document, or verbal order given by the Superintendent to allow the substantial alteration of a tree.
[Added 10-10-2019 by L.L. No. 10-2019]
PERSON
Any resident of the Village of Kings Point 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 Kings Point.
REPLACEMENT DIAMETER
As determined by the Superintendent, is the diameter of a tree measured at a point four feet six inches above the ground at the lowest part of the base of the tree or, if a tree has been so substantially altered that the diameter of the tree cannot be measured at that point, the largest diameter of the remaining portion of the tree below that point. In the event that a tree has been so substantially altered that the diameter of the tree cannot be measured from the tree, the Superintendent shall determine the diameter based upon such other information as the Superintendent finds relevant, such as, but not limited to, the remaining portions of the tree, documents in the Village files, and/or photographs.[2]
[Added 5-13-2021 by L.L. No. 10-2021]
SUBSTANTIAL ALTERATION
Any of the following, which, in the opinion of the Superintendent, endangers the health of a tree or significantly impairs its size or natural symmetry:
[Added 6-16-1987 by L.L. No. 4-1987; amended 10-10-2019 by L.L. No. 10-2019]
A. 
The cutting down, removing, or other destruction of a tree.
B. 
Any other cutting, pruning, topping, or elevating of a tree.
C. 
The burying of a tree’s roots and trunk with dirt, soil, gravel, mulch, sand, impervious material, or otherwise.
SUPERINTENDENT
The Superintendent of the Village Building Department or such Superintendent’s designee or such other person designated by the Village Board of Trustees to exercise the powers and discretion provided for the Superintendent in this chapter.
[Added 10-10-2019 by L.L. No. 10-2019]
VILLAGE
The Village of Kings Point.
[Added 6-16-1987 by L.L. No. 4-1987]
[1]
Editor’s Note: The former definition of "Building Inspector," which immediately followed, was repealed 10-10-2019 by L.L. No. 10-2019.
[2]
Editor's Note: The former definition of "specimen tree," as amended, which immediately followed this definition, was repealed 6-19-2023 by L.L. No. 5-2023.
[Amended 11-19-1986 by L.L. No. 11-1986; 6-16-1987 by L.L. No. 4-1987; 6-20-1989 by L.L. No. 12-1989; 3-26-1991 by L.L. No. 1-1991; 11-18-2004 by L.L. No. 3-2004; 10-10-2019 by L.L. No. 10-2019; 12-13-2019 by L.L. No. 14-20196-19-2023 by L.L. No. 5-2023]
A. 
It shall be unlawful for any person to substantially alter any tree if said tree has a diameter of six inches or more at a point that is four feet six inches above the ground at the lowest point of the base of the tree without a permit.
B. 
It shall be unlawful for any person who owns or occupies real property to cause, suffer, permit, or allow the substantial alteration of a tree on said real property if that tree has a diameter of six inches at a point that is four feet six inches above the ground at the lowest point of the base of the tree without a permit. In the event that either: i) a tree was cut so that it cannot be measured at four feet six inches point, if at any other point above the ground the remaining portion of the tree has a diameter of six inches or more, or ii) if the tree has been cut or ground down so that no part of the tree is above the ground, or iii) the rootstock has been removed, for the purposes of this chapter, in any of such three events, the tree shall be treated the same as if it had a diameter of six inches or more at a point that is four feet six inches above the ground at the lowest point of the base of the tree.
C. 
It shall be unlawful for any person who owns or occupies real property to cause, suffer, permit, or allow any tree to be cut, removed, uprooted, or otherwise altered in such a way as to cause soil erosion and/or alter the flow of water onto an adjacent property or street.
D. 
It shall be unlawful for any person who owns or occupies real property to cause, suffer, permit, or allow the property to be substantially razed, cleared, or otherwise vacated of trees or vegetation without first submitting a tree replacement landscape plan to the Superintendent and/or to an applicable Village board with jurisdiction for approval. The minimum required replacement trees shall be in accordance with § 147-7C or as found to be acceptable by an applicable Village board with jurisdiction or the Superintendent.
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 purpose of proposed removal or alteration.
(3) 
The site of proposed removal or alteration.
(4) 
A sketch or plan of the area indicating the following:
(a) 
An outline of existing heavily wooded areas on the site showing the tree types and range of sizes.
[Amended 6-19-2023 by L.L. No. 5-2023]
(b) 
The location and size of trees to be removed.
[Amended 6-19-2023 by L.L. No. 5-2023]
(c) 
The location of any improvements on the real property.
(d) 
A license authorizing the Building Inspector, the Village of Kings Point and its designees to enter upon the property which is the subject of the application to administer and enforce the provisions of this chapter and to replace trees, if necessary, pursuant to § 147-7 of this chapter.
[Amended 6-20-1989 by L.L. No. 12-1989; 3-26-1991 by L.L. No. 1-1991]
(5) 
Photographs sufficient to identify the trees to be removed or substantially altered. Prior to taking the photographs, the trees shall be identified by ribbons, colored tape, paint, or a similar manner so that they will be clearly identifiable in the photographs and by the people removing or substantially altering them. The photographs shall clearly show the location of the trees and the surrounding trees such that subsequently it can be determined that only the trees for which permits were issued were removed or substantially altered.
[Added 6-19-2023 by L.L. No. 5-2023[1]]
[1]
Editor's Note: This local law also provided the redesignation of former Subsection B(5) through (7) as Subsection B(6) through (8).
(6) 
The name and address of the owner.
[Added 3-26-1991 by L.L. No. 1-1991]
(7) 
The signatures of the applicant and the owner.
[Added 3-26-1991 by L.L. No. 1-1991]
(8) 
Such additional data, drawings and surveys as the Building Inspector deems necessary to a review of the application.
[Added 3-26-1991 by L.L. No. 1-1991]
C. 
The decision of the Building Inspector shall be based upon the following criteria:
(1) 
The condition of the trees with respect to disease and danger of falling, proximity to existing or proposed structures and interference with utility services.
[Amended 6-19-2023 by L.L. No. 5-2023]
(2) 
The necessity of the removal or alteration of the tree in question.
[Amended 6-19-2023 by L.L. No. 5-2023]
(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.
D. 
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.
[Added 6-20-1989 by L.L. No. 12-1989]
E. 
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.
[Added 6-20-1989 by L.L. No. 12-1989]
[Amended 6-20-1989 by L.L. No. 12-1989; 3-26-1991 by L.L. No. 1-1991; 2-8-2000 by L.L. No. 3-2000; 11-27-2007 by L.L. No. 8-2007; 1-25-2021 by L.L. No. 4-2021; 6-19-2023 by L.L. No. 5-2023]
The application fee and deposit for an application pursuant to this chapter shall be as established 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. The deposit shall not be returned until photographs are provided sufficient to confirm to the Superintendent that only the trees for which permits were issued were removed or substantially altered. In the event that a tree or trees were removed or altered for which the permit was issued, the deposit shall be forfeited to the Village as a civil penalty, which shall be in addition to any penalty a court may impose.
[Amended 6-20-1989 by L.L. No. 12-1989; 3-26-1991 by L.L. No. 1-1991; 1-25-2021 by L.L. No. 4-2021; 6-19-2023 by L.L. No. 5-2023]
A. 
Private property. Any tree growing on real property which constitutes a danger to persons or property, including, but not limited to, in any way endangering the usefulness of a public sewer or utility lines or which by reason of infestation or blight endangers other trees in the Village, shall be removed or the habit thereof altered by the owner of said real property as directed by the Superintendent. In the event that the property owner fails to comply with the directive of the Superintendent within the time specified by him, the Village may then take the action directed by the Superintendent and assess the cost thereof against the property owner. The directive from the Superintendent shall be in writing, shall clearly state the source of the danger, the action to be taken, and the date by which such action must be taken and shall be served on the owner of the real property personally or by certified or registered mail, return receipt requested, addressed to said owner at the last address for said owner on the tax records of the Village. If served by mail, the notice shall be deemed received three days after the notice is deposited in a depository maintained by the United States Postal Service.
B. 
Public property. Nothing herein shall limit the authority of the Superintendent of Public Works of the Village or his designee to remove or alter the habit of any tree on public property which he deems necessary to protect the health, safety and welfare of the Village residents.
C. 
Any tree removed shall be removed to grade.
[Amended 6-20-1989 by L.L. No. 12-1989; 3-26-1991 by L.L. No. 1-1991; 11-18-2004 by L.L. No. 3-2004; 10-15-2018 by L.L. No. 10-2018; 10-10-2019 by L.L. No. 10-2019; 1-25-2021 by L.L. No. 4-2021; 5-13-2021 by L.L. No. 10-2021; 6-19-2023 by L.L. No. 5-2023; 9-16-2025 by L.L. No. 17-2025]
A. 
As a condition to the issuance of a permit under this chapter, the Superintendent shall require replacement trees to replace the trees to be substantially altered. The applicant and the owner of the real property affected shall each be responsible for planting replacement trees as specified in the permit.
B. 
Any person who substantially alters a tree, and any person who solicits, requests, commands, importunes, or intentionally aids another person to engage in the substantial alteration of a tree, and any owner or occupant of real property who causes, suffers, permits, or allows a tree on said property to be substantially altered in violation of this chapter shall plant replacement trees.
C. 
The maximum number of replacement trees shall be equal to the 110% replacement diameter of all of the trees to be replaced. All replacement trees shall be trees as specified by the Superintendent, unless otherwise specified by a Village board. The size of the tree shall be no less than three inches in diameter (measured six inches above grade as per nursery standard). The location where it shall be planted, and the date by when it shall be planted, shall be determined by the Superintendent, unless otherwise specified by an applicable Village board with jurisdiction.
D. 
The Superintendent may require fewer replacement trees than otherwise required by this section. However, except as provided in Subsections H and I, in no event shall the minimum number of replacement trees be fewer than one tree of three-inch caliper or more per tree removed regardless of size. In determining that requirement, the Superintendent may consider:
(1) 
The health of the tree being replaced.
(2) 
The species of the tree being replaced. As examples, but not limited to, if the species:
(a) 
Was invasive, such as ailanthus, Norway maple, black locust, and mulberry; or
(b) 
A nuisance that caused staining from fruit or sap, such as mulberry, black cherry, and pine.
(3) 
The number, health, and location of other trees on the real property affected.
(4) 
The ability to allow sun to reach solar panels, pools, and play areas.
(5) 
The removal was of a tree that by its size or otherwise presented a medium to high risk of personal injury or property damage, including, but not limited to, damage to subsurface facilities and foundations.
(6) 
The requirements or suggestions of any previous approval granted by any Village board.
E. 
In order to guarantee the planting of replacement trees required pursuant to this section, the Superintendent may require the applicant or property owner to deposit with the Village a sum of money to be held as a deposit for liquidated damages in the event that the applicant or property owner fails to plant a replacement tree in accordance with the directives of the Superintendent. Such sum, as determined by the Superintendent, shall be equal to twice the cost of the purchase and planting of all of the required replacement trees. Because the loss to the Village of the natural, scenic, and aesthetic values and the physical and visual qualities of substantially altered trees by the failure of the applicant or property owner to plant the required replacement trees cannot easily be determined, 2 1/2% of the deposit shall be taken as liquidated damages by the Village for each day after the last day specified by the Superintendent for the planting of all of the replacement trees has past. For good cause, the Superintendent may, from time to time, extend the last day for planting. Such liquidated damages may be taken by the Village each day after that last day for planting has past or at any time thereafter.
F. 
Any trees required to be planted pursuant to this section shall be maintained in good health for not less than five years from planting, and if, in the sole discretion of the Superintendent, they are not in good health, they shall be replaced substantially in kind, as selected and directed by the Superintendent, by the owner of the property.
G. 
In addition to the liquidated damages provided for herein, each day after the date set by the Superintendent to plant a replacement tree that such tree is not planted shall be deemed a separate and distinct violation of this chapter by each of the person or persons obligated to plant such tree.
H. 
In the event that the Superintendent determines that a tree to be removed is dead, dying, diseased, dangerous, invasive, infested, or causing or threatening to cause damage to a structure or other facility, such as, but not limited to, power lines and subsurface pipes, the Superintendent is authorized to waive the requirement for replacement trees. The Superintendent may require the person requesting the removal of a tree based upon this subsection to provide a certified arborist's or other professional's certification of the need or other basis for the removal of the tree.
I. 
In the event that the Superintendent determines that it is not feasible to plant any or all of the replacement trees required in accordance with the provisions of this section, the person responsible for the planting of those replacement trees shall pay to the Village a sum equal to what would have been the cost of purchasing and planting the replacement trees. Such sum shall be as set forth from time to time by resolution of the Board of Trustees.
J. 
If a permit is issued for the removal of one or more trees as part of a construction project, based upon the allegation that the tree or trees reasonably should be removed to facilitate the construction or the construction would probably result in the ultimate destruction of the tree:
(1) 
It shall be a violation of this chapter unless, within two years after one or more of the trees were removed, the construction is not substantially completed in the areas for which the trees were removed, unless such two-year period has been extended by the Board of Trustees in accordance with Subsection J(2) of this section.
(2) 
An application may be made to the Board of Trustees for an extension of that two-year period. Such application shall set forth the reasons for either not completing the construction or why the construction was delayed or abandoned.
(3) 
In any such application, the Board of Trustees may:
(a) 
Extend the time for compliance;
(b) 
Require a landscape plan for the replacement of the trees;
(c) 
Require the planting of replacement trees in accordance with a landscape plan that provides substantially the same number and size of the trees removed or a number of trees of equal caliper to the caliper of the trees removed;
(d) 
Require a payment to the Community Benefit Fund in lieu of planting all or some of the required replacement trees; and/or
(e) 
Require the posting of a bond in such amount as the Board of Trustees deems appropriate to assure the planting of the replacement trees within such time period as the Board of Trustees may deem appropriate.
(4) 
All of the trees on any such landscape plan approved by the Board of Trustees shall be maintained in good health and replaced when not in good health, as may be determined by the Superintendent of the Building Department, unless, upon application, it is revised by the Board of Trustees.
[Added 12-18-1991 by L.L. No. 3-1991;[1] amended 1-25-2021 by L.L. No. 4-2021]
All trees on property on which demolition, excavation, grading, or construction activity is conducted shall be guarded with a substantial fence at all times when any of said activities are taking place. The fence shall be at least four feet high and shall completely enclose the trunk of the tree at a distance from the trunk equal to the greater of one foot for each one inch of the tree's diameter at a point four feet six inches (DBH) above grade at the base of the tree, or four feet. On application of the owner or the owner's agent, the Building Inspector may waive the necessity of the fence for one or more trees where he finds that distance, existing natural features or man-made structures afford adequate protection for such tree or trees. No person shall conduct any demolition, excavation, grading or construction activity on a property without erecting and maintaining thereon the fences above required.
[1]
Editor's Note: This local law also provided for the renumbering of former §§ 147-8 and 147-9 as §§ 147-9 and 147-10, respectively.
A. 
Any person aggrieved by an act or determination of the Building Inspector 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 the reasons for the appeal.
[Amended 6-20-1989 by L.L. No. 12-1989; 3-26-1991 by L.L. No. 1-1991]
A. 
The Building Inspector shall administer and enforce the provisions of this chapter. In the absence or inability of the Building Inspector to perform said duties, the same shall be performed by an Assistant Building Inspector or other person designated by resolution of the Board of Trustees of the Village of Kings Point.
B. 
Penalties.
[Amended 11-18-2004 by L.L. No. 3-2004]
(1) 
Any person who shall violate any of the provisions of this chapter shall be deemed guilty of a violation under the New York State Penal Law and, upon conviction thereof, shall be subject to:
(a) 
The following fines:
[Amended 5-13-2021 by L.L. No. 10-2021]
[1] 
For a first violation of this chapter within a period of five years:
[a] 
For a tree with a replacement diameter less than three inches, a minimum of $1,500 and a maximum of $4,000.
[b] 
For a tree with a replacement diameter of three inches or more, but less than six inches, a minimum of $2,500 and a maximum of $5,000.
[c] 
For a tree with a replacement diameter of six inches or more, but less than 12 inches, a minimum of $4,000 and a maximum of $10,000.
[d] 
For a tree with a replacement diameter of 12 inches or more, a minimum of $7,000 and a maximum of $20,000.
[2] 
For a second violation of this chapter within a period of five years:
[a] 
For a tree with a replacement diameter less than three inches, a minimum of $3,000 and a maximum of $8,000.
[b] 
For a tree with a replacement diameter of three inches or more, but less than six inches, a minimum of $5,000 and a maximum of $10,000.
[c] 
For a tree with a replacement diameter of six inches or more, but less than 12 inches, a minimum of $8,000 and a maximum of $20,000.
[d] 
For a tree with a replacement diameter of 12 inches or more, a minimum of $14,000 and a maximum of $40,000.
[3] 
For a third or subsequent violation of this chapter within a period of five years:
[a] 
For a tree with a replacement diameter less than three inches, a minimum of $4,500 and a maximum of $12,000.
[b] 
For a tree with a replacement diameter of three inches or more, but less than six inches, a minimum of $7,500 and a maximum of $15,000.
[c] 
For a tree with a replacement diameter of six inches or more, but less than 12 inches, a minimum of $12,000 and a maximum of $30,000.
[d] 
For a tree with a replacement diameter of 12 inches or more, a minimum of $21,000 and a maximum of $60,000; or
(b) 
Imprisonment for a term of not more than 15 days; or
(c) 
Both such fine and such imprisonment.
(2) 
Each such violation shall constitute a separate offense and shall be punishable as such hereunder."
[Added 11-18-2004 by L.L. No. 3-2004]
A. 
In the event that any property owner or any other person performing work with the consent, express or implied, of the property owner shall violate any provision or condition of any permit or other approval of an application from any department, board, or committee of the Village by removing, destroying, or substantially altering the habit of a tree, or by suffering, permitting, or allowing the removal, destruction, or substantial alteration of the habit of a tree on such property, such permit or other approval shall be suspended. Such suspension shall continue and no further action shall be taken pursuant to such approval, until such person shall apply to the departments, boards, and/or committees which granted such permits or approvals for modifications thereof based upon the removal, destruction, or substantial alteration of the habit of such tree or trees. Upon such application, such departments, boards, and/or committees may modify such permits or approvals by implementing such conditions, including, but not limited to, the requirement that one or more new trees of the same height and/or caliper as the illegally removed tree or trees be planted and maintained for a specific period of time, not to exceed five years, or such other condition or conditions as such departments, boards, and/or committees might deem appropriate. Such conditions may also include a prohibition of any further work on such property until the replacement tree or trees have been planted and that a declaration of covenants and restrictions be recorded by the owner of the property, running with the land, to assure that such conditions with regard to such replacement trees shall be enforceable against all future owners.
B. 
Notwithstanding anything to the contrary in this section, the Building Inspector shall have the authority to authorize and/or direct that the property owner and/or any other person performing work with the consent, express or implied, of the property owner take such actions as in the sole discretion of the Building Inspector are reasonable and/or necessary to maintain the property in a safe condition and to assure that all relevant stormwater, sediment and erosion control, and tree protection measures are implemented and maintained, and that such other actions, as the Building Inspector may determine to be in the best interests of the Village, are implemented and maintained until such application has been made, a decision thereon has been rendered by such departments, boards, and/or committees, and the additional conditions, if any, of such departments, boards, and/or committees have been implemented.