For purposes of this chapter, the following terms, phrases and
words shall have the following meanings:
APPLICANT
The owner, contract vendee or lessee of real property or
his duly authorized agent.
IMPROVED REAL PROPERTY
Any real property on which a residential structure, clubhouse
or other place of public assembly has been erected.
MATURE TREE
A woody perennial plant having a single, usually elongate
main stem, generally with few or no branches on its lower part, and
having a sufficient size depending on the following three categories
of trees: canopy, understory or evergreen.
A.
Canopy trees (e.g., Acer rubrum, Fagus grandifolia, Tilia, Liriodendron,
Quercus) have a trunk circumference of 20 inches or greater measured
at a point four feet six inches above ground level, except in the
case where a tree has been removed without benefit of a permit, in
which case the trunk circumference shall be measured at the highest
point remaining at or above ground level.
B.
Understory trees (e.g., Cornus florida, Cercis, Carpinus, Nyssa)
have a trunk circumference of 10 inches or greater measured at a point
four feet six inches above ground level, except in the case where
a tree has been removed without benefit of a permit, in which case
the trunk circumference shall be measured at the highest point remaining
at or above ground level.
C.
Evergreen trees (e.g., Juniperus virginiana, Ilex opaca, Pinus
strobus) have a height of 10 feet or greater.
PERSON
Any resident of Old Field or any individual firm, partnership,
association, corporation, company, public agency, public utility or
organization of any kind or agent thereof.
REAL PROPERTY
Includes all unimproved and improved real property within
the Incorporated Village of Old Field.
SUBSTANTIAL ALTERATION
Any cutting or drastic pruning of a mature tree which impairs,
destroys or endangers the life of such tree or its natural symmetry
and shall include but shall not be limited to heavy or unnecessary
cutting of top branches and cutting of major lower limbs.
SUBSTANTIAL CLEARING
Any cutting or drastic pruning of brush or woody vegetation
on a property which alters the runoff pattern of stormwater, or impairs,
destroys or endangers the life of such brush or vegetation or its
role as natural habitat.
UNIMPROVED REAL PROPERTY
Any real property on which no residential structure, clubhouse
or other place of public assembly has been erected.
The fee for any permit required under this chapter shall be
established, and amended from time to time, by resolution of the Board
of Trustees.
The Board of Trustees may require the planting of the same or
an agreed-upon alternative species of trees which are as nearly comparable
in type and size as practical to the trees to be removed, when the
individual character of the trees or the ecological setting requires
special consideration as a condition for the issuance of a permit
for removal. The quantity, size, species and location of replacement
trees shall be based on the recommendation of the Environmental Conservation
Commission.
Any person who shall violate any of the provisions of this chapter
shall be deemed guilty of a violation and, upon conviction thereof,
shall be subject to a fine of not more than $1,000 for each tree unlawfully
removed, destroyed or substantially altered without a permit, and
a fine of not more than $1,000 for any other violation under this
chapter. Each such violation shall constitute a separate offense and
shall be punishable as such hereunder.
Nothing herein contained shall abridge or alter any rights or
remedies now or hereinafter existing, nor shall this chapter nor any
provisions thereof nor any rule or regulation promulgated thereunder
be construed as estopping the Village of Old Field from exercising
its right and fulfilling its obligations to protect the public health
and welfare. In addition to all other remedies available to the Village,
this chapter shall be enforceable by injunction in an action brought
in the Supreme Court.