[HISTORY: Adopted by the Board of Trustees of the Village
of Hewlett Bay Park 2-27-1997 by L.L. No. 1-1997. Amendments noted where
applicable.]
A.
It has been established that trees provide a natural habitat for
the wildlife of our area, absorb air pollution, provide oxygen, deter
soil erosion and flooding and offer a natural barrier to noise. As
the removal of trees deprives us of these benefits and disrupts the
ecological balance in nature, it is therefore the purpose of this
chapter to prevent the indiscriminate destruction and removal of trees
in the Village of Hewlett Bay Park.
B.
The Board of Trustees further notes the findings of the New York
State Environmental Quality Review Act,[1] including the extent to which the village is obligated
to serve as a steward of air, water, land and living resources, and
the extent to which the village is obligated to protect the environment
for the use of this and further generations. It is the intent of the
Board of Trustees to recognize these responsibilities in part, by
providing these procedures, as well as to preserve the health, welfare
and general character of the community, which is reflected in the
abundance of trees in the Village of Hewlett Bay Park.
[1]
Editor's Note: See Article 8 of the Environmental Conservation
Law.
For the purpose of this chapter, the following terms, phrases
and words shall have the meanings ascribed herein:
The owners of real property or the duly authorized agent
of such owners.
The natural growing characteristics of any tree, which includes
branch spread and distribution, branch height aboveground and root
spread and distribution.
Any individual, firm, partnership, association, corporation,
company, public agency, public utility or organization of any kind
or the agent thereof.
All real property in the village, whether improved or unimproved.
Any cutting, pruning, elevating or other alteration of the
habit of a tree which impairs or endangers the life of such tree or
destroys its natural symmetry. The term "substantial alteration" includes,
but is not limited to, destruction or removal of a tree, heavy or
unnecessary cutting of top branches (topping), cutting of major lower
limbs (severe elevating) or drastic pruning, but shall not include
customarily accepted or ornamental pruning as defined by the National
Arborist Association's standards for pruning of shade trees.
Any woody plant, its root system and the environment within
the area defined by the outermost limits of its branches, which is
at least seven inches in diameter at a height of four feet six inches
above the base of the trunk.
The Village Building Inspector or such other person as may
be designated by the Mayor with the approval of the Board of Trustees.
A.
It shall be unlawful for any person to remove, destroy or substantially
alter the habit of one or more trees on any real property unless a
permit has been obtained pursuant to this chapter.
B.
This chapter shall not apply in an emergency situation (as determined
by the Village Official) or to the removal, destruction or substantial
alteration of any tree made in accordance with an accepted building
or landscape plan that is part of an approved subdivision, building
permit, site plan or other permit approved by the Village of Hewlett
Bay Park.
A.
The Village Official shall administer and enforce this chapter and
choose replacement trees, as hereinafter provided.
A.
Any person who proposes to substantially alter one or more trees
on any real property within the village shall make application to
the Village Official for a permit for such activity.
B.
The permit application shall be made on such form as may be prescribed
by the Village Official and shall include, but not be limited to,
the following:
(1)
The names and address(es) of the applicant. If the applicant is a
legal entity other than a natural person, the application must state
the status of that entity as a corporation, partnership or other legal
form.
(2)
Location of the real property, including the street address.
(3)
Written consent of the owner(s) of the land if the applicant is not
the owner(s).
(4)
The number of trees which are proposed to be substantially altered.
(5)
The purpose of the proposed substantial alteration.
(6)
A diagram of the area or section of real property where trees are
proposed to be substantially altered, whether located on or off the
site, or where any disturbance of land is proposed, showing location
of all trees, indicating and identifying those trees to be substantially
altered and those trees to be preserved or maintained, and the diameter
and species of each such tree. Such diagram shall also indicate the
name and address of the person who prepared the diagram.
(7)
Location of all existing structures and driveways on the site, including
any proposed grade changes that might adversely affect or endanger
any trees on the site, and details of how the applicant proposes to
maintain and protect trees which are proposed to be preserved or maintained.
(8)
Any additional information which the Village Official may deem necessary
for evaluation of the application.
In determining whether to grant an application for a permit
pursuant to this chapter, the Village Official shall consider all
pertinent factors, including but not limited to the following:
A.
The physical condition of the tree(s) proposed to be substantially
altered and whether any tree proposed to be substantially altered
is a tree worthy of preservation.
B.
The proximity to existing or proposed improvements of trees proposed
to be substantially altered, including the necessity of removing one
or more of such trees in order to construct proposed improvements.
C.
The ease with which the applicant or owner could alter or revise
the proposed development or improvement to accommodate and preserve
existing trees.
D.
The effect of the proposed substantial alteration on the ecological
systems, including the erosion potential, soil moisture retention
and flow of surface waters on the property.
E.
The need for visual screening in transitional zones or relief from
glare, blight, commercial or industrial ugliness or any other visual
affront.
F.
The effect on the area of substantial alteration as determined by
accepted tree management practices and/or the landscaping of the premises.
G.
Any economic or other hardships that would be imposed upon the applicant
or owner were the permit denied.
The Village Official shall, as a condition of granting a permit:
A.
Require the planting of the same or agreed upon alternative species
of tree for each tree proposed to be substantially altered, which
shall be at least two inches in diameter, at a height of four feet
above the base of the trunk or at lease eight feet in height. The
Village Official may, at his discretion, waive part or all of this
requirement.
B.
Require the reasonable relocation of proposed driveways, surfaces
and subsurface improvements or drainage systems to protect the trees
to be preserved.
C.
Regulate the days and hours of substantial alteration.
D.
Require such safeguards as appropriate to minimize the environmental
impact of the proposed substantial alteration or any activities in
furtherance thereof.
E.
Impose such other reasonable conditions as may be necessary to effectuate
the purposes of this chapter.
Each tree removal permit application shall be accompanied by
a fee in an amount set from time to time by resolution of the Board
of Trustees.[1]
A.
Any person who violates any of the provisions of this chapter shall
be guilty of an offense and shall be punished by a fine not to exceed
$1,000 for each tree, the habit of which is substantially altered
in violation of this chapter. Any person found guilty of violating
this chapter may also be required by the court to replace any or all
trees the habit of which was substantially altered, with trees of
a size and type selected by the Village Official, and to plant said
replacement trees within a specified period of time. All such replacement
trees must be at least four inches in diameter at four feet six inches
above the base of the trunk. Where such direction for replacement
of trees is made, no building permit, certificate of occupancy or
certificate of compliance shall be issued until such replacement has
been completed.
B.
In addition to any other remedy provided by law, this chapter may
be enforced by civil action by the village, including injunctive relief.
In such action, the village may also seek a judgment requiring replacement
of any or all trees the habit of which was substantially altered,
with trees of a size and type selected by the Village Official, and
planting of said replacement trees within a specified period of time.
All such replacement trees must be at least four inches in diameter
at four feet six inches above the base of the trunk. Where such direction
for replacement of trees is made, no building permit, certificate
of occupancy or certificate of compliance shall be issued until such
replacement has been completed.
Any person aggrieved by a determination of the Village Official
under this chapter shall have the right, within 30 days from the date
of such determination by the Village Official, to appeal to the Board
of Trustees, in writing. Any such written appeal shall identify the
manner in which the appellant is aggrieved by the said determination,
and shall state the reason for the appeal. The Board of Trustees shall
render a decision on the appeal within 60 days of the filing of the
appeal, and such determination shall be final and conclusive.
