As used in this chapter, the following terms shall have the
meanings indicated:
ACCEPTED ARBORICULTURAL STANDARDS
Pruning standards approved in the publication "Pruning Standards"
published by the International Society of Arboriculture, as the same
now exists and as may be revised from time to time.
APPLICANT
The owner, contract-vendee or lessee of real property or
its duly authorized agent seeking a permit to substantially alter,
destroy or remove protected trees, laurel, shrubs and associated vegetation
within the boundaries of such property pursuant to the provisions
of this chapter.
DESTROY
Includes, but without limitation, poisoning; ringing the
tree; excessive peeling of bark; damaging, compacting or overburdening
the roots; using herbicides or fire; or excessive pruning or cutting
in such manner as to bring about the ultimate death of such tree,
laurel, shrubs and associated vegetation.
PERSON
Includes any individual, firm, partnership, association,
corporation, company, public agency, public utility or organization
of any kind and its successor or agent thereof.
PROTECTED TREE
A living woody perennial plant being either deciduous or
evergreen, its root system and environment within the area defined
as the outermost limit of its branches, which is seven inches or more
by caliper or 22 inches in circumference at a height of three feet
above the ground. This definition shall, however, include mountain
laurel of any size.
SHRUBS
Shall include plants with several permanent woody stems dividing
from the bottom.
SPECIMEN TREE
Any tree that has been individually designated by the Planning
Board to be notable by virtue of its outstanding size and quality
for its particular species.
SUBSTANTIALLY ALTER
Any intentional action that diminishes the health and vigor
of a tree, shrub or other protected vegetation. "Substantially alter"
includes, but is not limited to, any tree topping, excessive or improper
cutting or pruning of trees, shrubs or other protected vegetation,
including grade changes around or near a tree, excessive irrigation
of a tree, and trenching in the root zone of a tree. "Substantially
alter" does not include periodic trimming, shaping, thinning or pruning
of a tree or shrub to preserve or protect its health, growth or appearance,
in accordance with accepted arboricultural standards and practices.
TREE TOPPING
The severe cutting back of limbs to stubs larger than three
inches in diameter within the tree's crown to such a degree so
as to remove the normal canopy and disfigure the tree.
VILLAGE
The Village of Laurel Hollow.
This chapter shall be administered by the Planning Board, except
for applications with respect to property located within the Residence/Institutional
District of the Village. Such applications will be administered by
the Board of Trustees in accordance with the provisions of this chapter.
A. The Planning Board may adopt rules and regulations for efficiently discharging its responsibility under this chapter, may create subcommittees or designate individual members to act on its behalf and may, in its discretion, require a public hearing in connection with any application made hereunder. In the event a public hearing is required, the applicant must adhere to the notice requirements set forth in §
145-12C(4) of the Village Code and provide to the Village a deposit for stenographic fees as required for other hearings held by the Planning Board and hearings held by the Board of Zoning Appeals.
B. The Planning Board, in making a determination concerning removal
or substantial alteration of protected trees, laurel or shrubs, may
obtain the services of a professional arborist regarding the advisability
of such removal or substantial alteration. The cost of such professional
evaluation shall, in all cases, be borne by the applicant.
C. The Planning Board, in making a determination concerning removal
or substantial alteration of protected trees, laurel or shrubs, may
approve, deny or modify the request for such removal or substantial
alteration and may issue conditions upon any such approval, including,
but not limited to, replacement of protected trees, laurel or shrubs
as set forth herein.
Every owner, lessee, tenant, occupant or other person having
possession or charge of any land, parcel or lot in the Incorporated
Village of Laurel Hollow shall maintain all trees on such land, parcel
or lot in such condition that they do not constitute a hazard and/or
danger to the traveling public or to the streets, the public right-of-way
or underground or aboveground improvements in the streets or public
right-of-way. In the event such a hazardous and/or dangerous condition
shall exist, a notice shall be served upon the owner, lessee, tenant,
occupant and/or other person having possession or charge of the land,
parcel or lot upon which such condition exists requiring that such
condition be corrected within 10 days after receipt of such notice,
and in case of the failure of the owner, lessee, tenant, occupant
and/or other person having possession or charge of the land, parcel
or lot to comply with such notice within said ten-day period, said
condition may be corrected by the Incorporated Village of Laurel Hollow
at the expense and charge of such owner, lessee, tenant, occupant
or other person having possession or charge of the land, parcel or
lot, such expense to be certified by the Board of Trustees, and shall
constitute a lien and charge on the real property on which it is levied
until it is paid or otherwise satisfied or discharged and shall be
collected by the Village Treasurer in the manner provided by law for
the collection of delinquent taxes, and if the owner of said property
is a nonresident, a notice to so correct said condition mailed to
such owner, addressed to his/her last known address, shall be sufficient
service thereof.