Whenever used in this chapter, the following terms shall have the meaning
indicated:
APPLICANT
The owner of real property or the duly authorized agent of such owner.
BOARD
The Planning Board of the City of Glen Cove.
[Amended 3-13-2007]
CITY
The City of Glen Cove.
COMMISSION
The Tree Commission of the City of Glen Cove.
DIAMETER AT BREAST HEIGHT (DBH)
The tree trunk diameter measured in inches at a height of 4 1/2
feet above the ground. If a tree splits into multiple trunks below 4 1/2
feet, then the trunk is measured at its most narrow point beneath the split.
EMERGENCY
Any condition in which the continued existence of any tree or portion
of any tree shall represent an imminent danger to human life, welfare, physical
health or property.
[Amended 3-13-2007]
HABIT
The natural growing characteristics of any tree, and includes branch
spread and distribution, branch height above ground and root spread and distribution.
PERSON
Any individual, firm, partnership, association, corporation, company,
limited-liability company, public agency, public utility, organization or
entity of any kind or agent thereof.
[Amended 3-13-2007]
REAL PROPERTY
All improved and unimproved property, whether or not subject to subdivision
and development, and including lands owned by the City.
SPECIMEN TREE
A.
Any tree which equals or exceeds the following diameter sizes:
(1)
Large hardwoods, as defined and categorized by the National Arborist
Association, which are 30 inches DBH or larger.
(2)
Large softwoods, as defined and categorized by the National Arborist
Association, which are 36 inches DBH or larger.
(3)
Ornamental trees, as defined and categorized by the National Arborist
Association, which are eight inches DBH or larger.
B.
A lesser-size tree can be considered a specimen by the Commission if
it is a rare or unusual species, of exceptional quality or of historical significance.
[Amended 3-13-2007]
C.
A lesser-size tree can be considered a specimen by the Commission if
it is specifically used by a builder, developer or design professional as
a focal point in a project or landscape.
[Amended 3-13-2007]
SUBDIVISION
The subdivision of any parcel of land into two or more lots, sites
or other divisions of land for the purpose, whether immediate or future, of
transfer of ownership or building development, with or without streets, in
conformity with state law, and including resubdivision.
SUBSTANTIAL ALTERATION
Any cutting, pruning, elevating or other alteration of the habit
of a tree which endangers the life of such tree or includes unnecessary cutting
of top branches (topping), cutting of major lower limbs (elevating) or drastic
pruning, and shall not include customarily accepted ornamental procedures.
TREE
Any woody plant having at least one well-defined trunk of at least
four inches DBH.
TREE COMPANY
Any business organization that removes or services trees.
[Added 3-13-2007]
TREE REMOVAL
Any intentional act or conduct which causes the tree to die after
the commission of said act or conduct, including but not limited to damage
inflicted upon the root system or trunk as the result of:
[Amended 3-13-2007]
A.
Improper use of machinery on the tree.
B.
Storage of materials in or around the tree.
D.
Altering the natural grade to expose the roots or cover the trunk, permitting
the infection or infestation of the tree by pests, fungus or harmful bacteria.
E.
Excessive harmful pruning.
F.
Paving with concrete, asphalt or other impervious surfaces within such
proximity as to be harmful to the tree.
G.
Application of herbicides or defoliants to any tree without first obtaining
a permit from the approving agency.
It is hereby created and established a Tree Commission for the City
of Glen Cove, New York which shall consist of up to five members who shall
be Glen Cove residents and who shall be appointed by the Mayor with the approval
of the City Council for a term of three years, for no compensation. In the
event that a vacancy shall occur during the term of any member, his or her
successor shall be appointed for the unexpired portion of the existing term.
The Tree Commission shall have:
A. Original jurisdiction over the granting or denying of
tree removal permits for any and all nonspecimen trees that have a diameter
at breast height (DBH) of eight inches or greater.
B. Jurisdiction over the granting or denying of tree removal
permits for any specimen trees in the City.
C. Limited jurisdiction and responsibility for the review, approval and recommendations of site plan approval or subdivision applications before the Board as hereinafter set forth in §
263-6 et seq.
[Amended 3-13-2007]
[Amended 5-27-1997 by L.L. No. 2-1997; 3-13-2007]
A. Before performing, or causing to be performed, a tree
removal act on a tree with a DBH of eight inches or greater, a person shall
submit an application for a tree removal permit to the Commission by delivering
the same to the Building Department Administrator. The application shall be
made on such form as may be prescribed by the Commission and shall include,
but not be limited to, the following:
(1) The name and address of applicant and owner.
(2) Purpose of proposed tree removal.
(3) Site of proposed tree removal.
(4) An attached sketch or plan of the area where the proposed
tree(s) to be removed is/are located indicating the following:
(a) Existing trees on the site, including tree species and
sizes or size range.
(b) Locations and sizes of trees to be removed.
(c) Location of any existing and proposed improvements on
the property.
(5) The name of the tree company, if any, and its Nassau
County Consumer affairs license number.
(6) Any additional reasonable information that the Commission
may deem necessary for evaluation of the application.
B. A permit application shall be submitted to the Commission
by delivering the same to the Building Department Administrator, who shall
date stamp its date of submission on the face of said application. Said permit
application shall either be granted or denied within seven business days of
such submission. If there is no determination by the Commission within seven
business days of said referral, the application shall be deemed granted and
a tree removal permit shall be issued by the Building Department Administrator.
C. The decision of the Commission will be based on the following
criteria:
(1) The condition of the trees with respect to disease and
hazardousness, danger of falling, proximity to existing and proposed structures
and interference with utility service.
(2) The necessity of the removal for the project in question.
(3) The effect of the removal on ecological systems.
(4) The character established at the proposed site of removal
with respect to existing vegetation management practices.
(5) Whether the tree in question is a specimen tree.
D. The Commission, in making a determination concerning
removal of live trees on private property in the City upon notice to the applicant,
may obtain the services of a professional arborist regarding the advisability
of removal. The cost of this professional evaluation shall, in all cases,
be borne by the applicant.
E. A nonrefundable permit application fee as set forth from
time to time by the City Council, per tree proposed to be removed, shall be paid with each application. Said application fee shall become part of the Tree Restoration Fund as hereinafter described in §
263-14.
F. The Building Department Administrator shall be responsible
for the actual issuance of a tree removal permit if and when the Commission
determines to grant it.
All owners of lands within a radius of 200 feet from the perimeter of
the subject real property shall be notified by the applicant by certified
mail, return receipt requested, mailed to the address shown on the current
City tax rolls not less than 10 days prior to destruction, removal or substantial
alteration of the habit of any trees. An affidavit to that effect, together
with the receipts, shall be placed on file.
[Amended 5-27-1997 by L.L. No. 2-1997; 3-13-2007]
A. Any person aggrieved by any act or determination of the
Commission in the exercise of its authority herein granted shall have the
right to appeal to the Building Department Administrator, whose decision shall
be final and conclusive. The appeal shall be made within 30 days of the Commission
act or determination, and shall be in writing, stating the decision appealed
from and the reason for the grounds for said appeal.
B. The Building Department Administrator shall issue a decision
on said appeal within seven business days from its submission date, and in
the event that an appeal is not determined within said seven-business-day
period, the appeal shall be deemed granted. In the event that the appealed
from act or determination of the Commission involves the denial of a tree
removal permit, the Building Department Administrator shall have three options
in determining said appeal:
(1) The Building Department Administrator may uphold the
determination of the Commission;
(2) The Building Department Administrator may reverse the
determination by the Commission and, therefore, grant the tree removal permit
in whole or in part; or
(3) The Building Department Administrator may reverse the determination of the Commission and grant the tree removal permit in whole or in part, and as a condition of the same, using his/her discretion, require the applicant to pay into the Tree Restoration Fund, as hereinafter described in §
263-14, a sum as set forth from time to time by the City Council.
[Amended 3-13-2007]
Any person who violates this chapter or fails to comply with any conditions
imposed by the Board or Commission under any subdivision, site plan or building
permit shall be subject to fines as indicated below.
A. For illegally removing a single tree eight inches or greater,
a minimum fine of $500, with a maximum not to exceed $2,000, shall be imposed
on the property owner. If a tree company removes the tree on the owner’s
behalf, without filing for a permit, the company shall also be subject to
the same fine.
B. Where more than one tree is illegally taken down on a given property,
the fines shall be sequenced, as follows:
(1) For the first tree illegally removed, the fine shall be a statutory
minimum amount of $500, with a maximum not to exceed $2,000.
(2) For illegally removing two trees, the statutory amount shall
be $2,500 plus $2,000.
(3) For illegally removing three or more trees, the statutory amount
shall be up to $3,000 per tree for each tree removed, plus $4,500.
(4) The court may fine up to, but not more than, $50,000 in the aggregate
for violation(s) at any one property, based on the number of trees illegally
removed.
C. If a tree company removes the trees on the owner’s behalf,
without filing for a permit, then the tree company shall also be subject to
the same fine.