For purposes of this chapter, the following
terms, phrases and words shall have the following meanings:
Applicant
The owner, contract vendee or lessee of real property or
his 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.
Improved Real Property
Any real property on which a residential structure, clubhouse
or other place of public assembly has been erected.
Person
Any resident of Sands 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 Sands Point.
Substantial Alteration
Any cutting or drastic pruning or elevating the habit of
a tree which impairs, destroys or endangers the life of such tree
or its natural symmetry and shall include but shall not be limited
to heavy or unnecessary cutting of top branches and cutting of major
lower limbs.
Tree
A woody perennial plant having a single, usually elongate
main stem generally with few or no branches on its lower part.
Unimproved Real Property
Any real property on which no residential structure, clubhouse
or other place of public assembly has been erected.
[Amended 8-30-2005 by L.L. No. 2-2005; 9-27-2011 by L.L. No.
7-2011]
A. Permit for large trees. It shall be unlawful for any person without
a permit to remove, destroy or substantially alter or to cause the
removal, destruction or substantial alteration of any tree or the
habitat of any tree, located on any real property within the Village
of Sands Point, having a trunk circumference greater than 20 inches,
which circumference shall be measured at a point four feet six inches
above ground level, except in the case where a tree has been removed
without benefit of a permit, in which case the trunk circumference
shall be measured at the highest point remaining at or above ground
level.
B. Permit for any tree. It shall be unlawful for any person without
a permit to remove, destroy or substantially alter or to cause the
removal, destruction or substantial alteration of any tree of any
size located on any unimproved real property within the Village of
Sands Point.
C. The foregoing provisions of this section shall not apply to:
(1) Horticultural pruning done pursuant to customarily accepted ornamental
or therapeutic practice, which does not substantially alter the habitat
of the tree.
(2) Any emergency situation in which the removal, destruction or substantial
alteration of any tree is necessary to prevent imminent danger to
human life or property.
[Amended 4-23-2002 by L.L. No. 3-2002; 9-28-2010 by L.L. No.
1-2010]
Permits shall be issued at a fee as set forth in Chapter
82 of the Village Code.
The Building Department may require the planting
of the same or an agreed upon alternative species of trees which are
as nearly comparable in type and size as practical to the trees to
be removed, when the individual character of the trees or the ecological
setting requires special consideration as a condition for the issuance
of a permit for removal. The location for planting of the replacement
trees shall be specified, in writing, by the Building Department prior
to issuance of the permit for removal.
[Amended 8-30-2005 by L.L. No. 2-2005]
Any person who shall violate any of the provisions of this chapter shall be deemed guilty of a violation and, upon conviction thereof, shall be subject to a fine of not more than $5,000 for each tree unlawfully removed, destroyed or substantially altered pursuant to §
157-3B; a fine of not more than $5,000 for each replacement tree not planted; and a fine of not more than $5,000 for any other violation under this chapter. Each such violation shall constitute a separate offense and shall be punishable as such hereunder.
Nothing herein contained shall abridge or alter
any rights or remedies now or hereinafter existing, nor shall this
chapter nor any provisions thereof nor any rule or regulation promulgated
thereunder be construed as estopping the Village of Sands Point from
exercising its right and fulfilling its obligations to protect the
public health and welfare. In addition to all other remedies available
to the Village, this chapter shall be enforceable by injunction in
an action brought in the Supreme Court.