[HISTORY: Adopted by the Board of Trustees
of the Village of Russell Gardens 3-6-1996 by L.L. No. 1-1996.
Amendments noted where applicable.]
The Board of Trustees of the Village of Russell
Gardens recognizes that trees stabilize the soil, control water pollution
by preventing soil erosion and flooding, absorb air pollution, provide
us with oxygen, yield microclimatic effects, are a natural barrier
to noise, provide a natural habitat for the wildlife in our area and
have an intrinsic aesthetic quality. Destruction or removal of trees
deprives the residents of the Village of Russell Gardens, as well
as all sectors of society, of these benefits and disrupts fundamental
ecological systems of which they are an integral part. Therefore,
it is the intent of the Board of Trustees of the Village of Russell
Gardens, in enacting this chapter, to regulate the destruction and
removal of trees to secure these benefits for the present and future
inhabitants of the Village of Russell Gardens.
A.
APPLICANT
BUILDING INSPECTOR
DESIGN REVIEW BOARD
HABIT
PERSON
REMOVAL
SUBSTANTIAL ALTERATION
TREE
VILLAGE
For the purpose of this chapter, the following terms
and phrases shall be given the meanings stated herein:
The owner of real property, or his duly authorized agent,
seeking a permit to remove trees pursuant to the provisions of this
chapter.
The Building Inspector of the Village of Russell Gardens.
The Design Review Board of the Village of Russell Gardens.
The natural growing characteristics of any tree, which include
branch spread and distribution, branch height above ground and root
spread and distribution.
Any individual, firm, partnership, association, corporation,
company, public agency, public utility or organization of any kind,
or agent thereof.
The actual removal, or causing the effective removal through
damaging, poisoning or other direct or indirect actions resulting
in the death, of a tree.
Any cutting, pruning, elevating or other alteration of the
habit of a tree which impairs or endangers the life of such tree or
destroys its natural symmetry; and includes but is not limited to
heavy or unnecessary cutting of top branches (topping), cutting of
major lower limbs (sever elevating) and drastic pruning, but shall
not include customarily accepted or ornamental procedures.
Any living woody plant, its root system and the environment
within the area, defined by the outermost limits of its branches,
the trunk of which is seven inches in diameter or greater at a height
of four feet from ground level.
The Village of Russell Gardens.
B.
Wherever appropriate, the singular number includes
the plural, and the plural includes the singular.
A.
It shall be unlawful for any owner of real property, or any other person, to cause, permit or allow the removal, destruction or substantial alteration of the habit of a tree as defined in § 51A-2 of this chapter within the Village of Russell Gardens, unless:
(1)
A permit is first obtained from the Building Inspector
on the authority of the Design Review Board;
(2)
The work is done as specified in an accepted and approved
landscape plan as part of an approved building permit for the real
property in question;
(3)
The alteration of habit by the pruning of trees is
in accordance with customarily accepted ornamental procedures; or
(4)
In the event of a life- or property-threatening circumstance
requiring the removal, destruction or substantial alteration of the
habit of a tree, the Building Inspector or, in his/her absence, the
Foreman or Deputy Foreman of the Public Works Department or, in the
event that none of the foregoing are available, a person designated
by the Mayor, Deputy Mayor (if the Mayor is not available) or a Trustee,
if the Mayor and Deputy Mayor are not available, may authorize the
removal, destruction or alteration, which shall be certified in writing
by the person giving such authority, either before or after the event,
as circumstances require.
A.
If a person shall deem it necessary to remove, destroy or substantially alter the habit of a tree as defined in § 51A-2 of this chapter on any real property within the Village of Russell Gardens and such person does not have an accepted landscape plan as part of an approved building permit and the alteration of habit is not in accordance with customarily accepted ornamental procedures, then such person shall first make application for a permit to the Design Review Board to do so.
B.
Permits for removal; applications. Any person desiring
a permit to remove a tree, as required by this chapter, shall submit
a written application to the Design Review Board. The application
shall include the following information:
(1)
Name and address of applicant and status of legal
entity.
(2)
Status of applicant with respect to the land.
(3)
Written consent of the owner of the land if applicant
is not the owner.
(4)
Name of person preparing any map, drawing or diagram
submitted with application.
(5)
Location of the property, including a street number
and address and lot numbers as shown on the Nassau County Land and
Tax Map.
(6)
Diagram of the parcel of land specifically designating
the area or areas of proposed tree removal and the proposed use of
such area, at the option of the Design Review Board.
(7)
Location of all proposed structures and driveways
on the site, at the option of the Design Review Board.
(8)
Location of all trees and identification of size and
species.
(9)
Designation of all diseased or damaged trees.
(10)
Designation of any trees endangering any roadway,
pavement or utility line.
(11)
Any proposed grade changes that might adversely
affect or endanger any trees on the site and specifications of how
to maintain them.
(12)
Designation of trees to be removed and trees
to be maintained.
(13)
Purpose of tree removal (construction, street
or roadway, driveway, recreation area, patio, parking lot, etc.).
(14)
All materials to be planted, with an indication
of size, species and methods of planting.
(15)
The Design Review Board may, in addition, require
the applicant to supply any of the following documentation:
(a)
A site plan specifying the methods to be used
to preserve all remaining trees and their root systems and the means
of providing water and nutrients to their root systems.
(b)
A topographical survey of the land if development
or construction will result in change in elevation of one foot or
more.
The decision of the Design Review Board shall
take into account the following considerations:
A.
The location and size of the tree(s) to be removed,
destroyed or altered.
B.
The condition of the tree(s) with respect to disease
and potential for creating hazardous conditions.
C.
The proximity of the tree(s) to existing or proposed
structures and utility appurtenances.
D.
The reason for the removal.
E.
The character established at the site or proposed
site with respect to existing trees or other vegetation in the immediate
vicinity, locality or Village.
F.
The environmental effect of the removal, destruction
or alteration.
G.
The aesthetic effect of the removal, destruction or
alteration.
H.
The intentions of the applicant to replant additional
tree(s) at the site.
[Amended 11-7-2019 by L.L. No. 10-2019]
The Design Review Board shall require the planting
of the same or agreed-upon alternate species of tree(s) as are as
nearly comparable in type and size as practical to the tree(s) to
be removed. The number of replacement tree(s) to be planted shall
be based on the diameter of each tree to be removed measured three
feet above ground level. The sum of all diameters of the replacement
tree(s) must equal at least 50% of the sum of all diameters of the
tree(s) to be removed. The exact number, species, size and location
of the replacement tree(s) shall be documented and agreed upon between
the applicant and the Design Review Board prior to the issuance of
a permit for any tree removal.
[Amended 11-7-2019 by L.L. No. 10-2019]
A.
In the event of an emergency that results in the loss, or potential loss, of public utility service(s), any person doing business as a public utility subject to the jurisdiction of the New York State Public Service Commission and any duly constituted public agency authorized to provide utility services shall be permitted to trim, prune and/or substantially alter any tree(s) which may otherwise be lawfully altered by such person to the minimum extent necessary, but in no event greater than a radius of four feet from the utility line(s) to enable such person to repair or maintain existing utility services. Any trimming, pruning and/or substantial alteration(s) performed in accordance with this subsection will not require a permit pursuant to § 51A-4 of this chapter; however, reasonable notice must be given to the Village Clerk prior to the commencement of same.
B.
In all other instances not specified in § 51A-8A, any person doing business as a public utility subject to the jurisdiction of the New York State Public Service Commission and any duly constituted public agency authorized to provide utility services shall be required to obtain a permit pursuant to § 51A-4 of this chapter prior to the trimming, pruning and/or substantial alteration of any tree(s) in the routine course of maintenance of existing utility services. Such alternations shall be performed to the minimum extent necessary, but in no event greater than a radius of four feet from the utility line(s) to enable such person to maintain existing utility services.
[Amended 1-5-2006 by L.L. No. 1-2006; 10-4-2012 by L.L. No.
4-2012]
A.
Violations;
fines.
(1)
An offense against any provision of this chapter shall constitute a violation. Any person who shall be guilty of a violation of § 51A-3 shall be subject to a fine not to exceed the amounts as set forth below for each violation:
(2)
Each
tree cut down, removed or destroyed and each tree the habitat of which
is substantially altered in violation of the provisions of this chapter
shall constitute a separate violation.
(3)
In
the event that two or more trees are removed, destroyed or altered
without a permit, the maximum fines set forth above may be doubled
for each tree, even if such removal of trees did not take place on
the same day.
B.
In addition to the above, any trees removed, destroyed or substantially altered in violation of this chapter shall be replaced, at the sole cost and expense of the owner of the real property, as set forth in § 51A-6 of this chapter, as directed and approved by the Design Review Board. The owner of the real property shall also, at its sole cost and expense, remove the stump of any tree(s) that has been cut down, removed or destroyed in violation of this chapter. No building permit or certificate of occupancy shall be issued for structures on said real property until such replacement tree(s) has been completed.
[Amended 11-7-2019 by L.L. No. 10-2019]
