[HISTORY: Adopted by the Board of Trustees of the Village of Roslyn Harbor 9-25-2018 by L.L. No. 7-2018. Amendments noted where applicable.]
Gardeners and landscapers — See Ch. 132.
Nuisances — See Ch. 165.
Parks and recreation — See Ch. 176.
Property maintenance — See Ch. 193.
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 Harbor, 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 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 are necessitated.
Nothing in this article is intended to pertain to trees which are on private property and may cause a danger to other private property.
As used in this article, the following terms shall have the meanings indicated:
- DANGEROUS TREE
- Any tree, or part thereof, or any other growth on or about land in the Village owned by any individual or entity 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.
- Any landowner in the Village, whether private or otherwise, who shall own and/or lease land on which is located a dangerous trees.
It shall be unlawful, after due notification, 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.
The Village Board shall provide for the enforcement of this article by resolution. It may regularly require the Village Official to inform landowners with dangerous trees which may constitute a hazard to the public or to public property.
Every landowner shall be required to remove, cable, trim, or appropriately secure any dangerous tree on his property.
Opportunity for trimming or removal or other appropriate securing shall be afforded a landowner by granting of at least 30 days' written notice by the Village Official, at the direction of the Village Board, or such greater or lesser time as the Village Board shall elect.
Unless such landowner files a written request for a hearing before the Village Board within the time directed to perform said work, the landowner shall take such corrective action within the time allotted. If a hearing is properly requested, the Village Board shall grant such hearing and determine whether the Village Official's notice should be enforced, modified or rescinded. Alternatively, the Village Board may, by resolution, delegate and/or appoint an individual or individuals to conduct the hearing to render a decision thereon, which decision shall have the same effect as a decision of the Village Board.
Failure to trim, cable, remove or appropriately secure a dangerous tree within the time specified to ensure a safe condition shall be a violation of this article.
In finding a tree to be dangerous, the Village Official may request confirmation by a qualified tree surgeon or arborist.
Upon the failure of a landowner to trim, cable, remove or otherwise secure a dangerous tree, the Board of Trustees may cause such tree to be trimmed, cabled, removed or secured 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 Clerk. Such charge shall include, among other things, administrative, legal and actual expenses incurred by the Village and shall be collected in the manner provided by law for the collection of delinquent taxes.
Violators of any of the portions of this article shall be guilty of any offense punishable as provided in Chapter 1, Article I, of this Code for each and every week following the expiration of the time allotted by the Board of Trustees, or the time as extended by the Board, for the removal of the hazardous condition.
The Board of Trustees of the Incorporated Village of Roslyn Harbor hereby finds that there is a direct relationship between the preservation of and the planting of trees, shrubs and associated vegetation in sufficient number in the Village and the health, safety and welfare of Village residents. Trees, shrubs and associated vegetation 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, shrubs and associated vegetation reduce noise, provide welcome shade, preserve the balance of oxygen in the air by removing carbon dioxide and fostering air quality, and help retain and/or create a bucolic and rural atmosphere in the Village. Trees, shrubs and associated vegetation also offer a natural barrier to noise, provide a natural habitat for the wildlife in the Village, stabilize the soil and control water pollution by preventing soil erosion and flooding and yield advantageous climatic effects.
The unnecessary and indiscriminate removal of trees causes deprivation of these benefits and disrupts fundamental ecological systems in which they are integrally involved, causes increased Village costs for proper drainage control, impairs the benefits of occupancy of existing residential properties and the stability and value both of improved and unimproved real property in the area of the removal and adversely affects the health, safety and general welfare of the residents of the Village.
For the purpose of this article, the following terms, phrases and words shall have the indicated meanings:
- Any person desiring to make a substantial alteration to a tree, including an owner of real property located within the Incorporated Village of Roslyn Harbor, a contract vendee or lessee of such real property or any duly authorized agent of such an owner, vendee or lessee.
- GROWTH CHARACTERISTIC
- The natural growing characteristic of any tree, including 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.
- A building on the property used and occupied as a residence for which a certificate of occupancy has been obtained or is proposed to be obtained.
- SPECIMEN TREE
- A tree designated by resolution of the Board of Trustees as being one that the Tree Committee should endeavor to preserve, due to it species, rarity or size.
- Two or more contiguous or adjacent plots which are proposed to be improved; any parcel requiring Planning Board review.
- SUBSTANTIAL ALTERATION
- Any cutting, pruning, elevating or other alteration of the growth characteristic of a tree which impairs or endangers the life of such tree, including but not limited to heavy or unnecessary cutting of top branches (topping), cutting of major lower limbs (severe elevating), excessive compacting or covering of the tree root system, or drastic pruning, but shall not include customarily accepted horticultural procedures.
- Any living, woody plant having a trunk 18 inches in circumference at a point four feet above original ground level.
- TREE COMMITTEE
- A committee of at least three members, to be appointed by the Board of Trustees, which shall function and act in accordance with the rules and regulations adopted by resolution of the Board of Trustees.
- VILLAGE OFFICIAL
- The Village Engineer, Village Clerk, Building Inspector, Village Superintendent of Public Works, Code Enforcement Officer or such other person designated by resolution of the Board of Trustees .
It shall be unlawful for any person, without a permit, to substantially alter, prune, cut, girdle, remove or destroy any tree on any real property located within the Incorporated Village of Roslyn Harbor.
This article shall not apply to an emergency situation in which the removal, destruction or substantial alteration of any tree is necessary to prevent imminent danger to human life or property. If such an action is necessary, the Village Clerk shall be notified and thereafter provided written notice within 10 days of the action taken, the reason and supporting evidence and documentation to substantiate said action.
Nothing in this section shall be construed to prohibit the alteration of growth characteristic of any tree, provided it is not a substantial alteration and that it is being done in accordance with customarily accepted horticultural procedures.
This article shall not apply to any tree on private recreational club grounds that is located more than 200 feet from the club's property line.
The application shall be made on such form as may be reasonably prescribed by the Board of Trustees, which shall include but not be limited to the following:
Name and address of applicant.
Name, address and qualifications of the person or entity who or which will remove, destroy or substantially alter the tree or trees.
A statement of the reason for the proposed removal or alteration .
If the application is for a new subdivision, a survey of the real property showing the location of all buildings and structures.
A scaled sketch or plan of the area showing:
An outline of existing heavily wooded areas on the real property.
The location, size, and general type of trees to be removed.
The location of any existing improvements on the real property, including but not limited to buildings, structures, dry wells, driveways, sidewalks, etc.
Any additional information which may be deemed reasonably necessary by the Tree Committee for evaluation of the application.
Where tree removal is occasioned by a development or land use for which an application for subdivision approval, site plan approval and/or a building permit is required, a copy of the preliminary subdivision plan or site plan shall be submitted to the Tree Committee and approved pursuant to this article after preliminary approval is granted by the Planning Board and prior to the issuance of a building permit.
A New York State certified arborist shall sign the application certifying the condition of the trees to be removed and confirming the grounds for removal.
Trees to be removed must be tagged in the field and listed on a site plan.
After issuance of a permit, the applicant shall notify the Village Clerk prior to commencing work.
If replacement trees are required to be planted, they shall be shown on the site plan and listed as to species and size.
Replacement trees are to be planted within 12 months of the issuance of the permit and verified by the Building Inspector or Tree Committee.
The decision of the Tree Committee, when deciding whether or not to grant a permit pursuant to this article, shall consider the following criteria:
The condition of the trees with respect to disease, insect infestation, danger of falling, proximity to existing or proposed structures, and interference with utility services.
The grounds and necessity of the removal or alteration of the trees in question .
The effect of the removal or alteration of the tree or trees upon the ecological systems, including but not limited to drainage and soil conditions.
The impact of the removal or alteration upon existing screening with respect to adjoining property owners or of any road or highway bordering the property.
The species of the tree and whether it is a specimen tree.
If a tree is within 15 feet of the foundation of a residence, it may be removed without further review, but may require replacement.
The application fee shall be as provided in Chapter 125, Fees and Deposits. The Tree Committee, may in its discretion, retain the service of an arborist to review the application and conditions of the trees to be removed and thereafter consult with the Tree Committee on reviewing the application. The fee for the arborists services shall be paid by the applicant in addition to the application fee.
Private property. See Article I, Dangerous Trees, of this chapter. The provisions of this article are incorporated by reference.
Public property. Nothing herein shall limit the authority of the Village to remove or alter any tree, shrub, or other vegetative growth it deems necessary to protect the health, safety and welfare of the Village residents.
The applicant may be required by the Tree Committee, in its discretion and as a condition to the issuance of a permit for tree removal of a live or viable tree or trees, to plant replacement trees. No replacement tree shall be required for removal of a dead tree or a tree that is in critical decline. The Tree Committee shall designate the number and size of replacement trees to be planted, which must have a minimum diameter of four inches per tree. In the discretion of the Tree Committee, in lieu of planting replacement trees, the Tree Committee may permit an applicant to make a donation to the Village's beautification fund. This donation shall be in an amount determined by the Board of Trustees taking into account the size and number of trees to be removed, which amount shall not be less than $500 per tree. For replacement trees, the applicant may select the species to be planted from the approved Village list. The location for planting of the replacement trees shall be agreed upon between the Tree Committee and the applicant prior to the issuance of a permit for removal. Replacement trees must be planted within 12 months of the issuance of the permit and be warranted by the applicant to survive for one year after the Building Inspector or Tree Committee has certified that the replanting was completed with the required plant materials in the designated area, all in a workmanlike manner.
To ensure that replanting will be timely and properly completed, the applicant will be required to post with the Village a deposit according to the fee schedule, or such other amount as the Board of Trustees shall establish by resolution. If the replacement trees are certified by the Building Inspector as being properly and timely planted and survived for 12 months, the deposit will be refunded to the applicant. If not completed and certified within the twelve-month period, the deposit will be deemed abandoned and will become the Village's fund to be used for the beautification of the Village, as the Trustees so determine.
Any person aggrieved by any determination of the Tree Committee in exercise of the authority granted by this article shall have the right to appeal, stating, in writing, the reasons for the appeal, to the Board of Trustees. The determination of the Board of Trustees on said appeal shall be final and conclusive.
The following regulations shall be complied with during construction following the granting of a tree removal permit:
Restriction of vehicles to construction areas. There shall be no excavation on the site before the Building Inspector has approved the location of the stakeout of the driveway, parking areas, building sites, and other areas shown on the site plan. Construction equipment shall be limited to the actual area to be graded 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 six feet of any existing tree which is to remain. 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.
Protective barriers. During construction, the property owner shall provide and maintain appropriate barriers around existing trees not scheduled for removal.
Responsibility of property owner. The property owner shall be fully responsible for any damage caused to existing trees and shall also be responsible for replacing any such damaged trees as well as any trees which are removed in violation of this article. He shall bear the responsibility for both his own contractors, employees and any subcontractors.
Any owner of real property who has substantially altered a tree without a permit, or has allowed or permitted a tree to be substantially altered on his/her property without a permit, shall be required to deposit in to the Village's beautification fund $1,500 per tree for each tree with a circumference less than 30 inches and $2,500 for each tree with a circumference greater than 30 inches. For this section, circumference shall be measured at the base of the tree stump at ground level. After the owner is given written notice by the Village of payment due under this section, all pending building permits shall be suspended, and no building permit or certificate of occupancy shall be issued until payment is made in full. If payment is not received within 90 days, it shall be added to the next Village tax bill.
In addition to the required payment imposed by § 251-17, any person who shall violate any of the provisions of this article, or shall permit or allow a violation to occur, shall further be deemed guilty of a violation and, upon conviction thereof, be subject to fines and penalties imposed by the Village Court. In addition, this article may be enforced by civil action, including an injunction.