No applicant shall plant any tree or shrub between the curbline
(either existing or proposed) and the property line of any street
or highway shown on the Official Map of the Village unless such applicant
shall first obtain a permit therefor signed by the Superintendent.
No such permit shall be issued unless the applicant seeking
such permit shall file with the Superintendent a signed application,
in writing, setting forth the location where each tree or shrub is
to be planted and the approximate size and variety thereof. Before
a permit shall be issued there shall be deposited with the Village,
with each such application, a sum as determined from time to time
by resolution of the Board of Trustees. Said deposit shall be held
as security for the proper planting of each such tree or shrub, the
removal of all debris and the proper restoration of any grassy areas,
sidewalks and curbs. Upon the completion of such planting and compliance
with the provisions of this chapter, such deposit or any balance remaining
after deducting the cost of removing any debris or the restoration
of any grass areas shall be refunded to the applicant.
A.
No permit shall be issued by the Superintendent for any such planting
unless the same shall be in accordance with the specifications (if
any) authorized by the Board of Trustees therefor on file in the Department
of Public Works and the permit appropriately defines the size and
variety of the trees or shrubs to be planted and the location thereof.
B.
No permit shall allow the planting of a tree with a DBH of less than
two inches.
A.
It shall be unlawful for any person to destroy or remove any tree
or shrub on Village property, either between the curbline (either
existing or proposed) and the adjacent property line along any street
or highway shown on the Official Map of the Incorporated Village of
Roslyn or in the a Village right-of-way, or any tree or shrub planted
by the Village without first having obtained a valid tree removal
permit.
B.
It shall be unlawful for any person to destroy or remove any tree
on non-Village-owned property within the Village without having first
obtained a valid tree removal permit.
C.
Any applicant desiring a tree removal permit, as required by this
section, shall submit a written application to the Superintendent,
together with a filing fee in such amount as shall be determined from
time to time by resolution of the Board of Trustees. The application
shall include the following information:
(1)
The name and address of the applicant and status of legal entity,
if any.
(2)
The status of the applicant with respect to the land.
(3)
Written consent of the owner or owners of the land, if the applicant
is not the sole owner.
(4)
The name of the person or firm preparing any map, drawing or diagram
submitted with the application.
(5)
Location of the property, including a street number and address.
(6)
A diagram or drawing of the parcel of land specifically designating
the area or areas of proposed tree removal and the proposed use of
such area.
(7)
Location of all proposed structures and driveways on the site.
(8)
Designation of all diseased, dead or damaged trees.
(9)
Designation of any trees endangering any roadways, pavement or utility
lines.
(10)
Any proposed grade changes that might adversely affect or endanger
any trees on the site and specifications for the maintenance thereof.
(11)
Designation of trees to be removed and trees to be maintained.
(12)
The purpose of tree removal.
(13)
The size, species and planting method of all replacement trees.
D.
If the proposed tree removal is in connection with a subdivision
or other land use application, the Superintendent may, in addition
to the above-listed information, require the applicant to supply any
or all of the following documentation:
(1)
A tree preservation plan specifying the methods to be used to preserve
all remaining trees and their root systems and the means of providing
water and nutrients to their root systems.
(2)
A topographical survey of the site if development or construction
will result in a change in elevation of more than five feet or if
the parcel of land is more than one acre in area.
E.
In determining whether or not a permit should be granted, the Superintendent
shall consider the following:
(1)
The condition of the tree or trees with respect to disease, insect
attack, proximity to existing or proposed structures and interference
with utility services.
(2)
The necessity of removing the tree or trees in order to implement
the stated purpose of the application.
(3)
The effect of the tree removal on erosion, soil moisture retention,
flow of surface waters and drainage.
(4)
Whether any tree in question is a tree worthy of preservation due
to unusual characteristics such as age, history, size, rarity, financial
value or visual importance to the neighborhood.
(5)
Whether the removal plan will destroy more trees than are reasonably
necessary to achieve the stated purpose of the application or is not
consistent with the stated purposes of this chapter.
(6)
Whether the destruction or removal of the tree(s) shall leave a barren
or vacant, exposed land area (thereby substantially altering the aesthetic
composition of the land and surrounding area).
F.
The Superintendent shall be authorized to exempt the following tree
removals from the formal application process, provided that such removals
shall conform to the purpose and intent of this chapter:
(1)
The removal of trees from horticultural properties such as nurseries
and the like. This exception shall not be interpreted to include lumber
harvesting incidental to imminent development of the land.
(2)
The removal of trees on public rights-of-way conducted by or on behalf
of a federal, state, county, municipal or other governmental agency
in pursuance of its lawful activities or functions in the construction
or improvement of public rights-of-way.
(3)
The removal of diseased or dead or weed trees, as determined by the
Superintendent.
(4)
The removal of any tree which has become or threatens to become a
danger to human life or property, as determined by the Superintendent.
[Amended 5-15-2012 by L.L. No. 1-2012]
A.
In the
event that any tree is removed without a permit when required, such
tree shall be required to be replaced by the planting of an appropriate
replacement tree as determined by the Superintendent.
B.
As a condition
of receiving a tree removal permit, the permitee shall provide, with
the permit application, a plan showing a one-for-one replacement of
trees. Replacement trees shall have no less than a four-inch caliper
measured four feet above the root crown. Alternately, the applicant
may make a contribution to the Village Tree Fund in an amount set
forth in the Village’s fee schedule, which may be amended from
time to time by resolution of the Board of Trustees. In cases where
multiple trees are to be removed, the applicant may combine both options
to achieve the intent of this section.
Any applicant aggrieved by a decision of the Superintendent
may appeal in writing to the Board of Trustees of the Village.
