The Board of Trustees hereby finds that the
indiscriminate and excessive cutting of trees and shrubs, or specimen
trees, results in increased municipal costs for the control of drainage
and erosion and impairs the natural scenic and aesthetic qualities
of the environment which the Village is obligated to protect. Trees
and shrubs, in addition to preserving the bucolic and rural atmosphere
of the Village, preserve the environment by reducing noise, providing
shade and preserving and fostering air quality, and stabilize the
soil and control water pollution by preventing soil erosion and flooding,
while providing a natural habitat for wildlife.
As used in this article, the following terms
shall have the meanings indicated:
DESTROY
Includes, but without limitation: poisoning; ringing the
tree; excessive peeling of bark; damaging, compacting or overburdening
the roots; using herbicides, or fire, or cutting, topping or pruning
in such manner as to bring about the ultimate death of such tree.
[Amended 3-16-2022 by L.L. No. 1-2022]
PERSON
Includes any individual, his or her successor, assigns or
agent, and any business entity, including partnerships, corporations
or other business forms.
SUBSTANTIALLY ALTER
Any cutting, topping or pruning in excess of normal and customary
pruning necessary to preserve the health of the plant material or
maintain its ornamental quality.
[Amended 3-16-2022 by L.L. No. 1-2022]
TREE
A living woody perennial plant being either deciduous or
evergreen.
[Amended 3-16-2022 by L.L. No. 1-2022]
A. Applications for a permit shall be on forms supplied
by the Village and signed by the property owner and the person or
business entity to perform the work.
B. The Village Building Inspector and/or Village Arborist, or the Planning Board, as the case may be, shall in his/her/their/its discretion, issue a permit provided for in §
136-5A when it finds that the requested action is necessary for public safety; to prevent the spread of disease; cutting or pruning to preserve a preferred species or fruit tree; to avoid congested overgrowth; for the removal of dead or dying trees; subject to §
136-7B as a consequence of planned construction; or subject to §
136-7C for the establishment or maintenance of a vista. In addition to the foregoing, and in rendering a decision, the Building Inspector and/or Arborist or the Planning Board, as the case may be, shall also consider the following criteria:
(1) The
condition of the trees to be removed with respect to health and aesthetics.
The Board shall consider the potential and likelihood of the danger
to existing or proposed structures, interference with utility services
or to the property owner and guests.
(2) Whether
alternatives are available to pursue in lieu of removal.
(3) The
effect of the removal, destruction or alteration on the local environmental
conditions.
(4) The
impact of any removal, destruction or alteration upon existing screening
of any neighboring property or properties and/or any road or highway
bordering the property.
C. A copy
of the approved or disapproved permit shall be filed with the Village
Clerk.
D. The replanting
of trees as a condition for the issuance of a tree removal permit
may be required. The size, number and type of replacement trees, along
with the designated location for planting shall be as required by
the Planning Board, Building Inspector and/or Arborist. The Planning
Board, Building Inspector and/or Arborist may require a landscape
plan, prepared by a certified landscape architect listing the replacement
plantings and their location on the property.
E. The Planning Board may adopt rules and regulations
for efficiently discharging its responsibility under this article
and may create subcommittees or designate individual members to act
on its behalf.