[HISTORY: Adopted by the City Council of the City of Glen Cove 2-23-1993
(Ch. 37 of the 1981 Code); amended in its entirety 9-24-1996. Subsequent amendments
noted where applicable.]
Whenever used in this chapter, the following terms shall have the meaning
indicated:
The owner of real property or the duly authorized agent of such owner.
The Planning Board of the City of Glen Cove.
[Amended 3-13-2007]
The City of Glen Cove.
The Tree Commission of the City of Glen Cove.
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.
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]
The natural growing characteristics of any tree, and includes branch
spread and distribution, branch height above ground and root spread and distribution.
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]
All improved and unimproved property, whether or not subject to subdivision
and development, and including lands owned by the City.
Any tree which equals or exceeds the following diameter sizes:
Large hardwoods, as defined and categorized by the National Arborist
Association, which are 30 inches DBH or larger.
Large softwoods, as defined and categorized by the National Arborist
Association, which are 36 inches DBH or larger.
Ornamental trees, as defined and categorized by the National Arborist
Association, which are eight inches DBH or larger.
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]
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]
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.
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.
Any woody plant having at least one well-defined trunk of at least
four inches DBH.
Any business organization that removes or services trees.
[Added 3-13-2007]
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]
Improper use of machinery on the tree.
Storage of materials in or around the tree.
Soil compaction.
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.
Excessive harmful pruning.
Paving with concrete, asphalt or other impervious surfaces within such
proximity as to be harmful to the tree.
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.
No person shall perform, or cause to be performed, a
tree removal act on any tree on private property with a DBH of eight inches
or greater without first obtaining approval from the Commission as hereinafter
prescribed and a tree removal permit, which said permit shall be issued by
the Building Department Administrator.
[Amended 3-13-2007]
B.
This section shall not apply in an emergency situation
as defined in this chapter.
[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:
(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,[1] 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.
[1]
Editor's Note: The fee schedule is on file in the City offices.
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.
[Amended 3-13-2007]
A.
Planning Board review.
(1)
Simultaneously with the submission to the Board for approval
of any site plan or subdivision plan, the applicant shall submit three sets
of the plan and an existing tree survey, as well as a proposed survey/drawing
indicating the effect of any proposed construction and/or grading on said
tree survey, to the Commission to enable the Commission to physically inspect
the site and recommend and designate trees to be saved by the applicant, particularly
along any proposed roads.
(2)
The Commission shall submit a written report and preliminarily
mark the trees which it has recommended to the Board for preservation. The
Board may consider the recommendations of the Commission as a condition to
the granting of preliminary approval for major subdivisions and site plans.
If at any time after receiving approval the applicant changes the road pattern
and lot layout, then he or she shall submit to the Commission copies of the
new maps so that the Commission may revise its preliminary report if necessary.
B.
In the event that there are no sidewalks or curbs existing
or proposed, the applicant shall plant shade trees in the right-of-way line,
approximately 40 feet apart. Trees shall be staggered when planted on opposite
sides of the same street. No tree shall be located in such a manner as to
limit the sight distance along the road.
C.
Any proposed off-street parking area for eight or more
vehicles shall be planted with shade trees around the perimeter of such parking
area in accordance with this chapter.
D.
Prior to removing any specimen tree(s) with a diameter of 30
inches or greater, which is/are not diseased or a danger to adjacent properties,
and for which a permit for removal can be issued, an application shall be
submitted to the Board for approval. The Board shall review the site conditions
to determine if any alternative action can be taken that might allow the tree(s)
to be saved. For every tree with a diameter of 30 inches or greater that must
be removed, a fee of $1,050 shall be deposited in the Tree Restoration Fund.
E.
Certificate of occupancy. Prior to the issuance of the
certificate of occupancy, the Building Department Administrator or his or
her authorized designee shall inspect the premises to make certain that all
trees designated by the Board for preservation in fact remain in existence.
In the event that any trees have been removed without the Board's prior approval,
then the applicant shall replace the trees with trees of equal kind to the
satisfaction of the Board.
A.
Where the Board has given final approval to a subdivision or site plan which contains as a condition to such approval the retention and/or planting of trees, then the applicant shall be responsible for the preservation of designated trees and the planting of trees pursuant to § 263-8.
[Amended 3-13-2007]
B.
Where by reason of weather, season or other circumstances
it is impossible for the applicant to plant trees in accordance with this
chapter, a person may deposit in escrow with the City Clerk an amount to be
determined and specified by the Board to cover the cost of purchasing and
planting the trees. No street shall be accepted for dedication by the City
Council until the Board notifies the Council that the applicant has complied
with this chapter.
A.
Trees shall be balled and burlapped and shall not be
less than two inches above the top of the ball, nor less than 10 feet high.
They must be well-branched, the branches to start not less than six feet from
the crown of the root system. Trees shall be nursery-grown, and a nursery
inspection certificate shall be available covering all trees.
B.
In general, excavations for planting shall be large enough
to accommodate the natural spread of the root system, and at least one foot
deeper and two feet wider than the ball of earth supplied with the tree. The
pit shall be rock-free and refilled with seven parts of topsoil and one part
humus. Hardpan shall be loosened an additional 12 inches from bottom and sides
of pit. Trees shall be adequately fertilized and watered at the time of planting
and mulched with three inches of approved mulch immediately after planting.
C.
Trees shall be staked and guyed immediately after planting.
Stakes shall be cedar or oak, a minimum of eight feet in height, no less than
two inches in diameter, and driven into the tree's root system. Trees shall
be guyed to the stakes using No. 10 wire covered with the rubber hose or equal.
The wire shall be stapled to the stake in such a manner that it will not slip
or come in contact with the tree trunk. The trunk of the tree may be protected
with tree wrapping paper.
[Amended 3-13-2007]
D.
Removal of debris is required. The property must be left
in a neat and orderly condition in accordance with good and accepted planting
and tree surgery practice.
E.
Trees shall not be planted between May 15 and September
15 without specific authorization of the Board.
F.
Notice must be given to the Board three days prior to
the start of planting in order that the plants and trees may be inspected
and approved for tree variety, condition, size and quality. All work shall
be subject to the general supervision and approval of the Board.
A.
Any tree improperly planted or not meeting these specifications
will be subject to removal upon notice from the Board or Commission. Any tree
that does not survive or is in an unhealthy condition at the end of one year
shall be replaced by the applicant or developer at no cost to the City. Said
replacement shall be made within 60 days following written demand by the Board
or Commission for such replacement or as specified by the Board or Commission.
[Amended 3-13-2007]
B.
The Board or Commission may require the planting of the
same or 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 seeding requires special consideration,
as a condition for the issuance of a permit for tree removal. The location
for planting the replacement trees shall be agreed upon prior to issuance
of the permit for removal.
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 3-13-2007]
A.
Private property. Any tree growing on private property
which constitutes danger to public streets or public places, or which in any
way endangers the usefulness of a public sewer or public utility shall be
removed or trimmed by the owner of the property within 14 days after receipt
of such notice from the City. If said owner fails to remove the tree within
14 days, the City may then remove or trim said tree and assess the cost thereof
against the property owner. Upon confirmation by the City Council, such cost
shall become a lien on the property and the resolution assessing such costs
shall be recorded with the City Clerk's office, or may be collected by court
action.
B.
Streets and public places.
(1)
No tree shall be removed by a private person from any
public street or property owned or under the control of the City without the
prior written consent of the Building Department Administrator. Such consent
shall only be granted if the tree constitutes a hazard to property or persons
using the adjoining streets, if its roots are causing excessive damage to
the curb or gutters or if it unduly interferes with the legitimate land use
requirements of the owner/occupant. Any tree being removed for the sole benefit
of the property owner shall be removed and replaced with an approved tree
at the property owner's expense, in the event that the Building Department
Administrator so requires.
(2)
No City employee shall perform, or cause to be performed,
a tree removal act on a public street or property owned or under the control
of the City without the prior written consent of the Building Department Administrator.
[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.[1]
[1]
Editor's Note: The fee schedule is on file in the City offices.
[Amended 3-13-2007]
A.
The Controller of the City is hereby directed to establish a
separate line item under the City's general fund which will be designated
as the Tree Restoration Fund. All permit fees and other fees which are required
pursuant to this chapter to be paid into said fund shall be delivered to the
Controller of the City and segregated into said separate line item of the
general fund. The money in the Tree Restoration Fund shall be used for the
planting and maintaining of new trees by the City, as directed by the City
Council in consolation with the Commission.
B.
For every and all trees approved by the Commission to be removed
due to new construction at any given site, a fee of $125 per tree shall be
collected for the Tree Restoration Fund.
[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.
