[Added 9-9-2002 by L.L. No. 3-2002; amended 12-12-2022 by L.L. No. 3-2023]
The Board of Trustees hereby finds that the indiscriminate and
excessive cutting of trees, or a specimen tree, may result in erosion
and impair the natural scenic and aesthetic qualities of the environment
in the Village. It is further found that, by regulating tree cutting,
the Village will preserve the bucolic and rural atmosphere of the
community, provide a natural habitat for wildlife and further enhance
the environment by reducing noise, providing shade, improving air
quality, stabilizing the soil and preventing soil erosion and flooding.
As used in this article, the following terms shall have the
meanings indicated:
Includes, but without limitation, cutting, bulldozing, poisoning,
ringing the trunk, excessive peeling of bark and damaging, compacting
or overburdening tree roots in such manner to principally be responsible
for the ultimate death of such tree.
Includes any individual, his or her successor, assigns or
agent and any business entity, including partnerships, corporations
or other business forms.
A woody perennial plant being either deciduous or evergreen.
A.
No person shall destroy the following trees in the Village without
first filing an application with the Village Clerk and thereafter
procuring a permit from the Tree Warden:
(1)
A deciduous tree which exceeds 30 inches in circumference.
(2)
An evergreen tree which exceeds 16 inches in circumference.
(3)
Any tree within any public right-of-way.
(4)
Any tree exceeding 16 inches in circumference within a critical environmental
area of the Village.
(5)
Any rare or endangered species of trees or shrubs as listed by any
governmental agency of New York State or the United States.
(6)
Four or more trees, 16 inches in circumference or greater, on any
single property within the Village during any twelve-month period.
B.
Circumference shall be measured at any point between the ground level
and a height of four feet.
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 Tree Warden shall issue a permit provided for in this chapter
when he or she finds that the requested action is necessary for public
safety, to prevent the spread of disease, to preserve a preferred
species, to avoid overgrowth, for the removal of dead or dying trees
or as a consequence of planned construction. A copy of the approved
or disapproved permit shall be filed with the Village Clerk.
C.
Any application for a permit to remove a tree shall be accompanied
by a report from a certified arborist approved by the Village, unless,
based upon the condition of the tree, the Tree Warden determines that
such report will be unnecessary. The certified arborist is to be selected
by the applicant from a list that will be maintained by the Village.
This list shall be determined by resolution of the Board of Trustees
or by such Village official as it shall designate.
D.
The Board of Trustees may adopt rules and regulations for efficiently
discharging the responsibility of the Tree Warden under this chapter
and designate other individuals to act on his or her behalf.
E.
Fees. There shall be a fee imposed for the processing of the application
and a separate fee for the cost of the certified arborist if one was
required. These fees shall be set by resolution of the Board of Trustees
(Board) at an amount it shall deem appropriate.
A.
An applicant for a tree permit shall submit a plot plan depicting
the property showing the tree(s) to be removed, together with the
required permit application. The plan shall be in conformity with
the rules and regulations adopted by the Board of Trustees. In all
circumstances when a tree is being replanted, regardless of whether
the Village or the property owner is making the arrangements for the
replanting, the costs of the tree or trees being replanted and the
costs incurred in doing so will be borne by the homeowner.
B.
Construction. If any trees will be destroyed during permitted construction,
the Building Inspector shall require a plan showing the location of
the trees to be destroyed. The plan shall be submitted to the Tree
Warden simultaneously with the building permit application for review.
No cutting or removal in connection with construction shall be permitted
until the tree removal plan is approved by the Tree Warden. The existing
indigenous and naturalized tree canopy of property, to the extent
reasonably possible, shall remain in its natural state in conformity
with the goals and purposes of this chapter and the use of the proposed
construction. Each tree removed as a result of construction shall
be replaced. If the tree or trees removed cannot be placed at or near
the site of removal as a result of the construction, then the replacement(s)
is/are to be planted as close to the site as possible on the subject
property. If, in the determination of the Tree Warden, this is not
possible, and there is insufficient space on the property, then the
tree or trees is/are to be placed in the right-of-way on the same
block and on the same side of the street. Any open building permits
shall not be closed until the replanting is complete by the Tree Warden.
C.
Removal of tree on private property other than for construction.
If a tree is removed on private property other than for construction,
the replacement tree is to be planted on the subject property as close
to the original site as possible. If, in the opinion of the Tree Warden,
there is insufficient space for such planting on the subject property,
then the replacement is to be planted on the same block and on the
same side of the street at a point in the Village right-of-way as
determined by the Tree Warden.
D.
Removal of tree in Village right-of-way. If a tree is removed from
the Village right-of-way, the replacement is to be placed in the right-of-way
as near the site of removal as possible, but if, in the opinion of
the Tree Warden, there is insufficient space to do so at the original
location, then it is to be planted in the right-of-way on the same
block and on the same side of the street at a location determined
by the Tree Warden. Any tree planted in the right-of-way will be planted
by the Village.
E.
Replacement trees. Any tree being replaced shall be replaced with
a tree from an approved planting list which shall be maintained by
the Village. This list shall be determined by resolution of the Board
of Trustees or by such Village official as it shall designate. Trees
shall be replaced as follows. If the total circumference of the tree
removed is up to and including 16 inches, then one tree measuring
at least three caliper inches shall be planted as a replacement. An
additional tree of at least three caliper inches shall be planted
for each additional three inches in circumference of tree removed.
For example, if the tree removed is 25 inches in circumference, then
four replacement trees of at least three caliper inches will need
to be planted to replace the tree removed (one replacement for the
first tree of 16 inches in circumference, and three further trees
for the remaining nine inches of circumference).
A.
Each tree destroyed in violation of this article shall be a separate
violation. Each violation is subject to a fine of not less than $5,000
nor more than $10,000.
B.
The Building Inspector shall stop all work and construction activity
on any premises where a violation of this article has occurred and
no certificate of occupancy or permit for other construction at the
property shall be issued unless and until a permit has been issued.
C.
In addition to the penalties enumerated herein at § 160-54, any person convicted of violating the provisions of this chapter shall be required to replace, in kind, each and every tree destroyed in violation of this article and in accord with the replanting requirements as set forth in Subsections B, C, D and E of § 160-67 above.
A.
The Village Code Enforcement Officer, or Tree Warden, is hereby vested
with the authority to enforce the provisions of this article.
B.
For the purpose of enforcing this article, the owner or occupant
on whose land any tree has been destroyed without the necessary permit
is a person responsible for performing or permitting the act complained
of. Notices of violation may be issued to the owner and to such person
or entity observed to have conducted the work, each of whom shall
be fully liable for the penalties incurred upon conviction.
Any person aggrieved by a decision of the Tree Warden with respect
to this article shall have the right to appeal his decision to the
Village Zoning Board of 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. However,
the Village shall be notified of the removal, trimming, or altering
of a tree creating imminent peril to life or property as soon as reasonably
practicable. Such notice may be provided by the homeowner, resident
or person conducting the work.
[Added 8-14-2023 by L.L.
No. 5-2023]
