[HISTORY: Adopted by the Board of Trustees
of the Village of Roslyn Estates 1-24-2022 by L.L. No. 1-2022.[1] Amendments noted where applicable.]
A.
A safe, wholesome, attractive environment is declared to be of importance
to the health, safety and welfare of the inhabitants of the Village
of Roslyn Estates and, in addition, such an environment is deemed
essential to the maintenance and continued development of the ecology
and well-being of the Village and the general welfare of its residents
and citizens. It is further declared that the existence of diseased,
decayed and dangerous trees on or about the streets and other public
places in the Village and/or in close proximity thereof, so that safe
usage of such streets and other public places is jeopardized, constitutes
a hazard to health, safety and welfare of citizens of the Village
and so endangers the public usage that the regulation, restraint and
elimination of such dangerous trees is necessitated.
As used in this Article I, the following terms shall have the meanings indicated:
Any appropriate remedy or corrective action to address a
dangerous tree, as determined by the Board of Trustees, which may
include the removal, cabling, proper pruning, trimming and/or securing
of such dangerous tree. "Remedies," "remedied" and "remedying" shall
have corresponding meanings.
Any tree or part thereof on private property in the Village
that is either dead, diseased, decayed, damaged or, due to other causes,
in such a state that there exists a clear and present danger of said
tree or any part thereof falling so that the free, safe and lawful
usage of the land by the public would be impaired or endangered and/or
cause a dangerous condition to public land or public right-of-way.
A species of tree (or subspecies or cultivar thereof) designated
by resolution of the Board of Trustees from time to time as being
one that the Village should endeavor to preserve or encourage, due
to its species, rarity or size.
Any person who owns and/or leases land within the Village.
Pruning of a tree by a qualified arborist in accordance with
then-current ANSI A300 standards and International Society of Arboriculture
(ISA) Best Management Practices, or successor standards or practices
generally utilized by qualified arborists in lieu thereof.
Any woody evergreen or deciduous perennial plant, living
or dead, having an elongated stem or trunk, or stems or trunks, that
bears lateral branches and leaves above ground.
It shall be unlawful, after notification as described in § 184-4, for any landowner in the Village to allow the existence of a dangerous tree on his land where said tree is, or may become, a hazard to the public or to any public property as described hereafter.
A.
The Board of Trustees, from time to time, may provide for the inspection of one or more trees within the Village, and in the event it is determined pursuant to this Article I that any of such trees are dangerous trees, the Village shall notify the landowner in writing of such dangerous tree or dangerous trees on its property with such remedy or remedies as determined by the Board of Trustees.
B.
Every landowner shall be required to remedy any dangerous tree on
its property as determined by the Board of Trustees.
C.
Subject to Subsection D below, a landowner so notified shall take the required corrective action within 30 days after delivery of such written notice, or such greater or lesser time as the Board of Trustees shall provide in such notice.
D.
If a landowner files a written request for a hearing before the Board
of Trustees within the time directed to perform the required corrective
action, the Board of Trustees shall grant such hearing and determine
whether the Village's notice should be enforced, modified or rescinded.
Alternatively, the Board of Trustees may, by resolution, delegate
and/or appoint an individual or individuals to conduct the hearing
and to render a decision thereon, which decision shall have the same
effect as a decision of the Board of Trustees.
E.
Failure to remedy a dangerous tree within the time specified to ensure a safe condition shall be a violation of this Article I.
F.
Notwithstanding the hearing procedure outlined herein, the Board
of Trustees may deny a hearing and direct immediate compliance if
it determines that an immediate danger exists to the health, safety
or welfare of the Village or its residents.
G.
Upon any removal of a dangerous tree in accordance with this Article I, the landowner shall, within 30 days of such removal or such greater time as the Board of Trustees shall permit, plant a replacement tree of like species or any deciduous tree. The Board of Trustees may, by resolution, waive the requirements of this Subsection G upon application of the landowner, taking into account the conditions that led to the demise of the dangerous tree that would make it unfeasible to plant a replacement tree, in which case the person responsible for the planting of the replacement tree shall pay to the Village a fee in an amount equal to the cost of purchasing and planting the replacement tree, as determined by the Board of Trustees.
In determining whether a tree is a dangerous tree, the Village
may hire a qualified arborist to conduct the inspection of trees within
the Village and/or to suggest a corrective action, and may request
confirmation of any findings by another qualified arborist.
Upon the failure of a landowner to remedy a dangerous tree,
the Board of Trustees may cause such tree to be remedied and assess
the expense thereof upon the real property involved, and such charge
shall constitute a lien and charge upon the real property upon which
it is levied until paid or otherwise satisfied or discharged and shall
be collected by the Village Treasurer. Such charge shall include,
among other things, administrative, legal and actual expenses incurred
by the Village, and shall be collected in the same manner provided
by law for the collection of delinquent taxes.
Each and every violation of, or failure to comply with, any provision of this Article I shall constitute a violation, punishable as follows: for a conviction of a first offense, by a fine of not more than $500 or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment; for a conviction of a second offense, both of which were committed within a period of five years, by a fine of not less than $500 nor more than $1,000 or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment; and for a conviction of a third or subsequent offense, all of which were committed within a period of five years, by a fine of not less than $1,500 nor more than $2,000 or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment. Each and every day on which a) the dangerous or hazardous condition continues after the date by which such dangerous or hazardous condition must be remediated, as set forth in the written notice delivered by the Village to the landowner, or b) a required replacement tree has not been planted by the landowner after the period specified in § 184-4G, shall constitute a separate violation of this Article I.
A.
The Board of Trustees finds that there is a direct relationship between
the preservation and planting of trees and the health, safety, and
welfare of Village residents, and that trees are related to the natural,
scenic, and aesthetic values and the physical and visual qualities
of the environment which the Village is obligated to protect. Trees
reduce noise, provide welcome shade to Village residents, preserve
the balance of oxygen in the air by removing carbon dioxide and fostering
air quality, and create a bucolic and rural atmosphere in the Village.
Trees also stabilize the soil and control water pollution by preventing
soil erosion and flooding, yield advantageous climatic effects, and
provide a natural habitat for wildlife.
B.
The Village of Roslyn Estates was created as a planned community
by Dean Alvord, a master designer of the early 20th century. Two of
the three other communities designed by Alvord are on the National
Register of Historic Places: Prospect South, Brooklyn, New York, and
Harbor Oaks, Clearwater, Florida. Roslyn Estates was created with
a park-like atmosphere created by winding roads, walking paths, numerous
mature trees, considerable architectural diversity, and lots that
conform to a complex hilly site. The numerous mature trees within
the Village are one of the essential features of that plan that continue
to make the Village unique. Accordingly, the destruction of trees
on any property within the Village seriously threatens that plan and
the unique character of the Village as a whole.
C.
This Board is aware of the trend on Long Island, and especially along
the north shore of Nassau County, for developers to purchase one or
more parcels of property for the purpose of renovating or constructing
large houses on the property and/or subdividing the property into
a greater number of parcels and/or demolishing existing structures
in order to build new, larger structures in different locations on
the property, in any case often adversely affecting or destroying
vast numbers of trees in the process. This Board believes that, in
the event that that trend continues and impacts parcels in the Village,
the unique character of the Village may be destroyed.
D.
Moreover, for many developers, the value of subdivided property and
new construction is so great that fines for the violation of tree
laws are merely costs of doing business, and even when such fines
are paid, the loss of such trees may be irreparable or may take decades
to replace in size and grandeur.
As used in this Article II, the following terms shall have the meanings indicated:
The owner of real property, whether improved or unimproved,
within the boundaries of the Incorporated Village of Roslyn Estates,
or the contract vendee, lessee or authorized agent of such owner.
The Architectural Review Board of the Village.
The area surrounding a tree that has a radius of one inch
per one foot of such tree's DBH.
Any tree or part thereof on private property in the Village
that is either dead, diseased, decayed, damaged or, due to other causes,
in such a state that there exists a clear and present danger of a)
said tree or any part thereof falling or b) material damage to a permanent
structure on private property or interference with utility services,
so that the safe and lawful usage of private property would be impaired
or endangered and/or cause a dangerous condition to the land or permanent
structure.
The diameter of a mature or existing tree in the Village,
taken at a point 4.5 feet above ground level, commonly known as "diameter
at breast-height," provided that if a tree splits into multiple trunks
below such point, then the measurement is taken at the most narrow
point between the split and ground level.
A species of tree (or subspecies or cultivar thereof) designated
by resolution of the Board of Trustees from time to time as being
one that the Village should endeavor to preserve or encourage, due
to its species, rarity or size.
The measurement of the diameter of a tree. A flexible tape
measure calibrated in inches wrapped around the trunk measures its
circumference, and this measurement is divided by 3.14159 to determine
its diameter.
A species of tree (or subspecies or cultivar thereof) having
foliage that persists and remains green throughout the year, especially,
but not exclusively, conifers.
The lowest point at ground level surrounding the base of
a tree.
The natural growing characteristics of any tree, which includes
branch spread and distribution branch height above ground and root
spread and distribution.
A minimum of four trees, each with a DBH of 20 or greater,
for each quarter-acre or fraction thereof on a parcel of property.
The diameter of a replacement or newly planted tree, a) taken
at a point six inches above ground level in the event a tree's diameter
is less than four inches or b) taken at a point 12 inches above ground
level in the event a tree's diameter is four inches or greater.
A tree that a) is typically smaller than a shade or canopy
tree and that boasts annual flowers or colorful leaves that draw the
eye and brighten the landscape, b) typically grows only to approximately
25 feet maximum, and c) has as a main or primary purpose to add color,
accent and decoration to a landscape.
Any individual, firm, partnership, association, corporation,
company, public agency, public utility or organization of any kind.
Any cutting, pruning or elevating the habit of a tree, or
other act, practice or alteration, a) in excess of that necessary
to preserve the life or health of the tree or maintain its ornamental
quality, or b) which impairs or endangers the life of such tree or
destroys its natural symmetry; and in any such case shall include,
but not be limited to, heavy or unnecessary cutting of top branches
and cutting of major lower limbs.
Any woody evergreen or deciduous perennial plant, living
or dead, having an elongated stem or trunk, or stems or trunks, that
bears lateral branches and leaves above ground.
The Village of Roslyn Estates.
A.
It shall be unlawful for any person to remove, substantially alter,
or destroy any tree on any real property within the Village without
a permit authorizing same issued by the Village.
B.
It shall be unlawful for any person who owns or occupies real property
within the Village to cause, suffer, permit or allow the removal,
substantial alteration or destruction of any tree on such real property,
without a permit authorizing same issued by the Village.
C.
It shall be unlawful for any person who owns or occupies real property within the Village to cause, suffer, permit, or allow such real property or portion of real property to be razed, cleared, or otherwise vacated of trees without first submitting a tree replacement landscape plan to the Village for approval pursuant to § 184-11 that conforms to the minimum required replacement trees in accordance with § 184-12.
D.
This Article II shall not apply in any emergency situation in which the removal, substantial alteration, or destruction of any tree is necessary to prevent imminent danger to human life or to property.
E.
This Article II shall not apply to any tree that was not otherwise required to be planted pursuant to this Article II, or by the Village, that has a DBH of less than three inches.
[Added 9-19-2022 by L.L. No. 5-2022[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsection
E as Subsection F.
F.
If any tree is removed, substantially altered or destroyed without a permit and without a written determination of the Building Inspector that such tree did not have the requisite minimum DBH as set forth in this § 184-10, and such removal, substantial alteration or destruction was performed in such a manner that the diameter has been altered or the height of the tree has been reduced below 4.5 feet above ground level, then, in such event, there shall be a rebuttable presumption in the implementation, enforcement and prosecution of this Article II that any such tree met the requisite minimum DBH. The rebuttal of such presumption shall be an affirmative defense.
[Amended 9-19-2022 by L.L. No. 5-2022]
A.
Any person who intends, wishes or deems it necessary to remove, substantially
alter or destroy a tree on any real property in the Village shall
first apply for and receive a permit therefor issued by such Village
official or Village Board as may be designated from time to time by
resolution of the Board of Trustees with authority to receive such
applications and issue such permits (such official or Board is hereinafter
referred to as the "tree permitting designee").
B.
The application shall be made on such form as may be prescribed by
the Village, which shall include but not be limited to the following:
(1)
Name and address of the applicant.
(2)
Name and address of the person or firm who will remove the tree or
trees.
(3)
The reason for the proposed removal, substantial alteration or destruction,
including, if applicable, a report from a qualified arborist as to
the tree or trees being a dangerous tree(s).
(4)
A survey of the real property showing the location of all structures.
(5)
A sketch or plan of the area indicating:
(a)
Location, species and size by DBH of all trees on the property,
specifying trees to be removed.
(b)
Location of any proposed improvements on the real property.
(c)
The location, species and size by nursery caliper of all replacement
trees.
(d)
Any additional information that the Village may deem necessary
for evaluation of the application.
C.
The determinations of the tree permitting designee pursuant to this
section shall be based upon the following criteria:
(1)
If with respect to an application under § 184-12B, the condition of the trees with respect to health, disease, hazard, aesthetics, proximity to existing or proposed structures and interference with utility services as determined by a qualified arborist selected by the Village.
(2)
The effect of the removal on ecological systems.
(3)
The effect of the removal on aesthetic values on the applicant's
property, surrounding properties and the Village.
(4)
The density of the trees on the applicant's property, including taking
into account the minimum tree threshold.
D.
Upon submission of a completed application and other required information
and payment of all required fees, expenses and deposits, and if written
approval of the tree permitting designee is granted, a permit will
be granted.
E.
In order to guarantee the planting of replacement trees required pursuant to this Article II, the applicant or property owner shall deposit with the Village a sum of money to be held as security for the performance of the obligation of the applicant or property owner to plant replacement tree(s) in accordance with the provisions of this Article II. Such sum shall be equal to such amount as is established by resolutions adopted by the Board of Trustees from time to time. In the event of the failure of the applicant or property owner to plant the required replacement trees by the last day specified by the tree permitting designee for the planting of all of the replacement trees, the Village shall retain such deposit, and apply same to the planting of the required replacement trees thereby secured, in such location on Village property as the Board of Trustees determines.
[Amended 9-19-2022 by L.L. No. 5-2022; 12-19-2022 by L.L. No. 1-2023]
A.
For each tree the tree permitting designee permits to be removed,
substantially altered or destroyed, the tree permitting designee shall
require the planting of such number of replacement trees determined
as follows:
[Amended 9-19-2022 by L.L. No. 5-2022]
(1)
For each tree removed, substantially altered or destroyed with a
DBH of up to 12 inches, a single replacement tree with a nursery caliper
of a minimum of three inches;
(2)
For each tree removed, substantially altered or destroyed with a
DBH in excess of 12 inches and up to 28 inches, two replacement trees
each with a nursery caliper of a minimum of three inches; and
(3)
For each tree removed, substantially altered or destroyed with a
DBH in excess of 28 inches, three replacement trees each with a nursery
caliper of a minimum of three inches.
B.
Notwithstanding anything to the contrary in § 184-12A, a) for any single tree with a DBH of up to 36 inches the tree permitting designee permits to be removed, substantially altered or destroyed, strictly due to such tree being a dangerous tree, the tree permitting designee shall require the planting by the landowner of a single replacement tree, and b) for any single tree with a DBH in excess of 36 inches the tree permitting designee permits to be removed, substantially altered or destroyed, strictly due to such tree being a dangerous tree, the tree permitting designee shall require the planting by the landowner of two replacement trees.
C.
Each replacement tree shall be a deciduous tree, except that with
respect to 1) an ornamental tree removed, substantially altered or
destroyed, the replacement tree(s) may be either the same or other
ornamental tree or a deciduous tree, and 2) an evergreen tree removed,
substantially altered or destroyed, the replacement tree(s) may be
either the same or other evergreen tree or a deciduous tree. The alternate
species, if applicable, and location for planting of the replacement
trees shall be agreed upon between the applicant and the tree permitting
designee prior to issuance of a permit for removal.
D.
In the event that any tree is removed, substantially altered, or destroyed without the prior issuance of a permit pursuant to the provisions of this Article II, the following shall apply:
(1)
For each tree removed, substantially altered or destroyed with a
DBH of up to 12 inches, the aggregate nursery caliper of the replacement
trees shall be a minimum of 16 inches;
(2)
For each tree removed, substantially altered or destroyed with a
DBH in excess of 12 inches and up to 28 inches, the aggregate nursery
caliper of the replacement trees shall be a minimum of 28 inches;
and
(3)
For each tree removed, substantially altered or destroyed with a
DBH in excess of 28 inches, the aggregate nursery caliper of the replacement
trees shall be a minimum of 28 inches plus 100% of such DBH in excess
of 28 inches.
E.
A building permit, certificate of occupancy (temporary or otherwise),
certificate of completion, or certificate of approval may be withheld,
delayed and/or not issued for any building or other structure, or
for any other work on any premises wherein one or more replacement
trees are required to be planted pursuant to this section, if the
requirements of this section are not fully met and satisfied, taking
into account the feasibility of the planting of any replacement trees
due to planting and growing seasons.
F.
The location of the replacement trees required to be planted, as set forth above within this section, shall be on the same property from which the trees that are being replaced had been located, subject to Subsection H of this section.
G.
Notwithstanding anything to the contrary in this § 184-12, any one deciduous tree voluntarily planted by a property owner within the three-year period prior to the issuance of a permit pursuant to § 184-11 that remains living at such time of issuance may be credited as one replacement tree under this § 184-12. The determination as to whether such a voluntary planting has been made shall be determined by the tree permitting designee with documentary evidence provided by the property owner. Any required planting of a replacement tree pursuant to this § 184-12 shall not be considered a voluntary planting. In no event shall this Subsection G permit a property owner to remove, substantially alter or destroy a tree without a permit as provided in § 184-11.
H.
If an applicant requests the removal, substantial alteration or destruction of one or more trees, and the tree permitting designee determines that 1) the number of trees on the property after the hypothetical removal, substantial alteration or destruction of all such trees is greater than the minimum tree threshold, and 2) it is not feasible to plant all of the required replacement trees on the property, then, if requested by the applicant, in lieu of all or a part of such planting in excess of the minimum tree threshold, the tree permitting designee shall require the person otherwise required to perform such planting to instead make a payment to the Village's tree replacement and maintenance fund in an amount determined by the Board of Trustees pursuant to Chapter 60, Fees, Costs, Deposits and Insurance, per replacement tree that is not otherwise being planted. The making of such payment to the Village shall be deemed to satisfy the requirements for the planting of such replacement trees.
I.
Any replacement trees planted pursuant to the provisions of this section shall be maintained in good condition, and any such replacement tree that dies within five years from the date of planting shall be replaced by the property owner pursuant to § 184-12C.
J.
Notwithstanding anything to the contrary in § 184-12A and C, with respect to any row of evergreen trees on or immediately next to a property line used primarily for screening and privacy purposes, any such evergreen trees or all of them may be replaced with any number of other evergreen trees of any species or evergreen shrubs for the same screening and privacy purposes.
[Added 9-19-2022 by L.L. No. 5-2022]
[Amended 9-19-2022 by L.L. No. 5-2022]
Any person aggrieved by any determination of the tree permitting designee in the exercise of the authority granted by this Article II shall have the right to appeal, in writing, to the Board of Trustees. Such appeal shall state the reasons for the appeal. The determination of the Board of Trustees on said appeal shall be final and conclusive.
Any application subject to the provisions of this Article II shall be accompanied by a fee as determined by the Board of Trustees pursuant to Chapter 60, Fees, Costs, Deposits and Insurance. In addition, upon receipt by the Village of any application under § 184-12B, the Village will retain, at the expense of the applicant which shall be paid in advance, a qualified arborist selected by the Village to evaluate said application, including but not limited to the condition of said tree with respect to disease, hazard, proximity to existing structures and interference with utility services.
The following regulations shall be complied with during construction
following the granting of a tree removal permit:
A.
There shall be no excavation or other construction activity on the
site before the Building Inspector has approved the location of the
stakeout of the driveway, parking areas, building sites, septic tanks
and other areas shown on the site plan. Construction equipment shall
be limited to the actual areas to be graded and/or paved according
to the approved plans. No vehicles of any kind shall pass over areas
to be left in their natural state according to the approved plans.
No material or temporary soil deposits shall be placed within the
critical root zone of any existing tree not scheduled for removal
according to the approved plans. No heavy equipment shall be operated
in such a manner as to break, tear, bruise, decorticate or otherwise
injure any living or dormant tree or its root structure.
B.
Before and during construction, the property owner shall provide and maintain appropriate barriers and fencing around existing trees not scheduled for removal according to the approved plans, as determined by the Building Inspector of the Village, which shall be erected around the critical root zone. No utility routes or lines shall be installed within any of such barriers or fencing. For purposes of this Subsection B, appropriate barriers and fencings shall be at least four feet high and shall completely enclose the trunk of the tree at a distance from the trunk of no less than one foot for each one inch of DBH or at a distance of four feet, whichever is greater.
C.
The property owner shall be fully responsible for any damage caused to trees and shall also be responsible for replacing any such damaged or destroyed trees as well as any trees which are removed in violation of this Article II. If any tree barriered or fenced pursuant to Subsection B of this § 184-15 dies within two years of the issuance by the Village of a certificate of occupancy or completion, as applicable to the construction project with respect to which such tree removal permit was issued, then, in such event, there shall be a rebuttable presumption that such tree died as a result of the related construction and shall be deemed a destruction of the tree without a permit pursuant to § 184-10. The rebuttal of such presumption shall be an affirmative defense.
A.
Any person who removes, substantially alters or destroys a tree or trees without a permit in accordance with the provisions of this Article II shall be guilty of a violation and shall be subject to a fine as follows:
(1)
For a first violation, $1,000 per inch of DBH or $1,500, whichever
is greater;
(2)
For a second violation within any period of five years, $2,000 per
inch of DBH or $3,000, whichever is greater;
(3)
For a third or subsequent violation within any period of five years,
$3,000 per inch of DBH, or $4,500, whichever is greater; and
(4)
With respect to each violation, if more than one tree is removed,
substantially altered or destroyed, the fine shall be multiplied by
the number of trees so removed, substantially altered or destroyed.
C.
Any person who violates any provision of this Article II shall be guilty of a violation and upon conviction thereof shall be subject to imprisonment for a term of not more than 15 days.
D.
In addition to any fine or imprisonment imposed herein, this Article II may be enforced by civil action, including an injunction.
F.
Any owner of real property who fails to replace a tree or trees as directed by the tree permitting designee pursuant to the provisions of this Article II, within the applicable time allocated in this Article II, shall be guilty of a violation and shall be subject to a fine not to exceed $10,000 for each tree that is not so replaced. Each day of such failure to replace such tree or trees shall be deemed a separate and distinct offense."
