[HISTORY: Adopted by the Board of Trustees of the Village of Lattingtown 9-18-2001
by L.L. No. 4-2001 (Art. 29 of the 1998 General Ordinance
Compilation). Amendments noted where applicable.]
GENERAL REFERENCES
Excavating, filling and topsoil removal; tree removal — See Ch. 136.
A.
In the interest of the public health, safety and general welfare
of its residents, the Board of Trustees has deemed it necessary to regulate
and license businesses performing tree removal, tree cutting or tree trimming
services in the Village.
B.
The objective of this chapter is to establish licensing procedures and promulgate regulations and standards applicable to the removal, cutting or trimming of trees in the Village as shall be deemed necessary by the Board of Trustees to carry out the provisions of Chapter 136, Excavating, Filling and Topsoil Removal; Tree Removal, for the benefit of the public good.
For the purpose of this chapter, the following definitions shall apply:
Any person or business which operates, conducts or supervises a business
which removes, cuts or trims trees as part or all of its services.
The Board of Trustees of the Incorporated Village of Lattingtown.
A vehicle designed, built or used for the purpose of, or in connection
with, removal, cutting or trimming of trees.
A.
All arborists doing business in the Village are required to be
licensed by the Village of Lattingtown. It shall be a violation of this chapter
for any arborist to operate, engage in, conduct or supervise such services
on any property in the Village without having a current, valid license issued
pursuant to this chapter, together with such other permits as may be required
by law.
B.
It shall be a violation of this chapter for any arborist to fail
to abide by the Village Code or any rules and regulations adopted by the Board
of Trustees in furtherance of this chapter, and failure to abide by said Code,
rules and regulations shall subject said arborist to suspension or revocation
of its license.
A.
Application required. Every arborist intending to do business
within the Village shall file a written, verified application with the Village
Clerk on the forms provided.
B.
Application form. The application shall contain:
(1)
The name and address of the applicant;
(2)
If the applicant conducts business under a trade name, it shall
be noted on the application;
(3)
The name, address and telephone number, both day and night, of
the applicant or the person in charge of the business; and
(4)
Such other matters as shall from time to time be required by
the applicable forms.
A.
An application filed and approved in accordance with this chapter
shall be deemed a license.
B.
Period. Every license issued shall be effective the first day
of January, or such subsequent day of issuance, and shall expire on the 31st
day of December next succeeding, unless suspended or revoked by the Village.
C.
Renewal. A license may be renewed upon filing a renewal application
with the Village Clerk together with payment of the licensee fee or the appropriate
renewal fee; provided, however, that the applicant is in full compliance with
all rules, regulations and provisions of this chapter.
A license shall be issued by the Village Clerk within 10 days after
submission of a completed application by marking the application "approved"
together with the date of such approval and the signature of the Village Clerk.
A license shall not be issued to an applicant by the Village Clerk unless
the applicant has complied with all terms and conditions of this chapter,
and is not in violation of any rules and regulations or local laws adopted
by the Board of Trustees.
A.
The Village Clerk may deny or revoke a license on the following
grounds:
(1)
False statement or knowing misrepresentation made in a license
application.
(2)
A violation of any provision of this chapter or any rule or regulation
promulgated hereunder.
(3)
Failure to properly dispose of cut tree material.
(4)
Participating or aiding in any violation of Chapter 136, Excavating, Filling and Topsoil Removal; Tree Removal.
(5)
Upon cessation of the business for which a license was previously
issued.
B.
Upon revocation or the expiration of a license, any license issued
hereunder shall be surrendered to the Village Clerk.
A.
Before a license may be issued or renewed by the Village Clerk,
each applicant shall file with the Village Clerk certificates of insurance
coverage demonstrating that the following insurance coverage is in full force
and effect during the term of the license:
B.
The Board of Trustees may, by resolution, require minimum liability
limits.
Every licensee shall keep complete and accurate books of account with
respect to the operation of his/her business within the jurisdictional boundary
of the Incorporated Village of Lattingtown. All such records shall be retained
by the licensee for at least three years and shall be produced on the demand
of any Village official.
Upon the sale, dissolution, suspension or discontinuance, whether voluntary
or involuntary, of the business of a licensee, it shall be the duty of the
licensee to notify the Village Clerk and surrender the license to the Clerk.
The holder of any license which has been revoked, and any applicant
who shall have been denied a license under this chapter, may petition the
Board of Trustees for review of the determination as follows:
A.
The petition for review shall be in writing, signed and acknowledged
by the applicant or licensee, and shall state the ground or grounds on which
the petitioner claims that the determination was improper or illegal.
B.
The petition shall be filed with the Village Clerk within 20
days after notification of denial or revocation has been mailed to him/her
by certified mail.
C.
Upon filing of the written petition, a hearing shall be held.
D.
A hearing shall be held on the date, place and hour designated
by the Mayor.
E.
The Mayor shall designate two or more members of the Village
Board of Trustees to conduct said hearing as a Review Board.
F.
The Village Clerk shall give notice, stating the name and address
of the petitioner, the subject matter of the hearing and the date, place and
hour designated, by mailing a copy to the petitioner at the address shown
upon the most recent application at least 10 days prior to said hearing.
G.
At the hearing, the Review Board shall consider the petition,
the Village Clerk's reasons for denial or revocation of the license and, in
its discretion, any new or additional evidence in support of, or in opposition
to, the petition or the Clerk's actions.
H.
The Review Board, after public hearing, shall have the authority
to affirm, reverse or modify the actions of the Village Clerk, including the
authority to impose reasonable conditions for the issuance of any permit.
I.
Within 14 days after the hearing, the Review Board shall submit
its determination to the applicant and the full Board of Trustees.
The Board of Trustees may promulgate rules, regulations and standards
to ensure the quality, efficiency and effectiveness of the enforcement, interpretation
and implementation of this chapter.
A.
Each tree or shrub removed, cut down, destroyed or substantially altered in violation of this chapter shall be a separate violation for which a penalty may be imposed pursuant to § 1-1 of this Code.
B.
The Building Inspector shall stop all work and construction activity
on any premises where a violation of this chapter has occurred and is prohibited
from issuing any certificate of occupancy or additional permits for construction
at the property or permitting work to resume, unless and until the provisions
of this chapter have been satisfied.
C.
In addition to the penalties enumerated in this section, any person convicted of violating the provisions of this chapter shall be required to replace, in kind, each and every tree removed, cut down or destroyed in violation of Chapter 136, Excavating, Filling and Topsoil Removal; Tree Removal. If a tree was so large and mature that it cannot be replaced, the court or Building Inspector, upon the recommendation of the Planning Board, may require the planting of multiple trees.
Notwithstanding the payment of any license fee or the issuance of any
license by the Village, the Village, including its agents and employees, shall
be under no obligation whatsoever concerning the adequacy, operation or maintenance
of such business or of its service to Village residents, nor does the Village
assume any liability whatsoever for the actions of any licensed business.
