[HISTORY: Adopted by the Board of Trustees
of the Village of Lloyd Harbor as Article XIII of ordinance adopted
12-15-1966; amended in its entirety 7-19-1993 by L.L. No. 1-1993.
Subsequent amendments noted where applicable.]
The Board of Trustees hereby finds that the
indiscriminate and excessive cutting of trees and shrubs, or specimen
trees, results in increased municipal costs for the control of drainage
and erosion and impairs the natural scenic and aesthetic qualities
of the environment which the Village is obligated to protect. Trees
and shrubs, in addition to preserving the bucolic and rural atmosphere
of the Village, preserve the ecology by reducing noise, providing
shade, preserving and fostering air quality and stabilize the soil
and control water pollution by preventing soil erosion and flooding,
while providing a natural habitat for wildlife.
[Added 6-15-1998 by L.L. No. 3-1998[1]]
As used in this chapter, the following terms
shall have the meanings indicated:
Includes, but without limitation: poisoning; ringing the
tree; excessive peeling of bark; damaging, compacting or overburdening
the roots; using herbicides, or fire, or cutting in such manner as
to bring about the ultimate death of such tree.
Includes any individual, their successor, assigns or agent,
and any business entity, including partnerships, corporations or other
business forms.
Any cutting or pruning in excess of the normal and customary
cutting and pruning necessary to preserve the health of the plant
material or maintain its ornamental quality.
A living woody perennial plant being either deciduous or
evergreen.
[Amended 6-15-1998 by L.L. No. 3-1998]
A.
No person shall remove, cut down, destroy or substantially alter any deciduous tree in the Village which exceeds 40 inches in circumference, or any evergreen tree which exceeds 24 inches in circumference measured at any point between the ground level and a height of 4 feet, nor remove, cut down, destroy or substantially alter any tree, regardless of size, in the Village which is located on a steep slope, very steep slope or bluff as defined in Chapter 205, Zoning, or any tree or shrub within a freshwater wetland, or any tree or shrub in a Village-owned park or nature preserve, or within any public right-of-way, or any rare or endangered species of trees or shrubs as listed by any governmental agency of New York State or the United States, or any large or outstanding specimen of smaller species, or any historic tree, or tree on New York State's "Big Tree List," or any tree within a critical environmental area of the Village, without first filing an application with the Village Clerk and thereafter procuring a permit from the Conservation Advisory Council as appointed by the Mayor with the approval of the Board of Trustees. No fee shall be charged for such an application or permit.
B.
No person shall remove, cut down, destroy or substantially
alter more than 12 trees, 20 inches in circumference or greater, on
any single property within the Village during any twelve-month period
without first filing an application with and procuring a permit from
the Conservation Advisory Council.
[Amended 6-15-1998 by L.L. No. 3-1998]
A.
Applications for a permit shall be on forms supplied
by the Village and signed by the property owner and the person or
business entity to perform the work.
B.
The Conservation Advisory Council shall issue a permit provided for in § 183-3 when it finds that the requested action is necessary for public safety; to prevent the spread of disease; cutting or pruning to preserve a preferred species or fruit tree; to avoid congested overgrowth; for the removal of dead or dying trees; as a consequence of planned construction; or for the establishment or maintenance of a vista. A copy of the approved or disapproved permit shall be filed with the Village Clerk.
C.
The Conservation Advisory Council may adopt rules
and regulations for efficiently discharging its responsibility under
the chapter and may create subcommittees or designate individual members
to act on its behalf.
[Amended 6-15-1998 by L.L. No. 3-1998]
A.
If any tree included in § 183-3, Regulated activities, is proposed to be removed, cut or substantially altered, the applicant shall submit a plot plan depicting the property, and a tree removal or alteration plan for the entire property, together with the required permit application. The removal or alteration plan shall be in conformity with the rules and regulations adopted by the Conservation Advisory Council.
B.
Construction. If any trees are to be removed, cut or substantially altered as a consequence of any construction, whether an addition, expansion or new structure, the Building Inspector shall require a tree removal or alteration plan showing the location of the trees to be removed. The plan shall be submitted to the Planning Board simultaneously with the building permit application for review pursuant to Article VIII of Chapter 205, Zoning. The Planning Board shall seek the advice of the Conservation Advisory Council when substantial cutting, removal or alteration is requested. No cutting, removal or alteration in connection with construction shall be permitted until the plan is approved by both the Planning Board and the Conservation Advisory Council. The existing indigenous and naturalized tree canopy shall remain in its natural state on all lots and parcels of land to the maximum extent possible in conformity with the goals and purposes of this chapter.
C.
Vistas. If any trees are to be removed or substantially altered either to establish or maintain a vista, the Conservation Advisory Council shall require a tree removal or alteration plan showing all trees to be removed on the entire lot. The Conservation Advisory Council shall review the plan for consistency with the goals and purposes of this chapter, and shall issue a permit for such cutting only upon a finding that the establishment or maintenance of the vista is consistent with the goals and purposes enumerated in § 183-1.
A.
Each tree or shrub removed, cut down, destroyed or
substantially altered in violation of this chapter shall be a separate
violation.
B.
The Building Inspector shall stop all work and construction
activity on any premises where a violation of this chapter has occurred
and is prohibited from issuing any certification of occupancy or additional
permits for construction at the property or permitting work to resume,
unless and until the provisions of this subsection have been satisfied.
C.
In addition to the penalties enumerated in Article XVI of Chapter 205, Zoning, any person convicted of violating the provisions of this chapter shall be required to replace, in kind, each and every tree removed, cut down or destroyed in violation of this chapter. If a tree was so large and mature that it cannot be replaced, the court, upon the recommendation of the Tree Warden, may require the planting of multiple trees.
[Amended 6-15-1998 by L.L. No. 3-1998]
A.
The Village Building Inspector, Code Enforcement Officer
or members of the Village Police are hereby vested with the authority
to enforce the provisions of this chapter.
B.
It is a rebuttable presumption, for the purpose of
enforcing this chapter, that the owner or occupant on whose land any
tree has been removed, cut down, destroyed or substantially altered
without the necessary permit is the person responsible for performing
or permitting the act complained of.
[Added 6-15-1998 by L.L. No. 3-1998]
Any person aggrieved by a decision of the Conservation
Advisory Council or the Planning Board with respect to this chapter
shall have the right to appeal the decision to the Village Board of
Zoning Appeals within 30 days of the date the decision is filed with
the Village Clerk. Such appeal shall be in accordance with the appeal
procedure adopted by the Zoning Board of Appeals.
No permit shall be required for the normal tree
trimming and cutting by a utility company to maintain utility lines
or cables, or by a person to remove an imminent peril to life or property.
