[HISTORY: Comes from L.L.
No. 82-1987, adopted 9-29-1987, effective 10-6-1987.]
GENERAL REFERENCES
Building construction administration — See Ch. 86.
[1]
Editor's Note: Original § 184-0 of this chapter
provided the following legislative intent: "The environmental contributions
attributable to trees are readily understood in that, as examples,
trees contribute to the stabilisation and preservation of soil, to
the reduction of noise from traffic and to the reduction of air pollutants
and to the formation of oxygen in the atmosphere. In addition, trees
save energy and afford economic value by providing cooling shade in
summer and windbreaks in winter and add an aesthetic quality to all
areas within the Town. Through the planting of trees, business areas
can be beautified and building lines aesthetically softened. In other
words, trees contribute toward harmonious surroundings. In residential
areas, trees provide natural beauty and afford a true sense of stability.
It is not the purpose of this legislation to deter lawful building
and development of property within the Town, but it is our intent
to establish reasonable guidelines for tree preservation and sensibly
regulate tree removal when necessary and warranted. For these, as
well as other reasons, this Town Board duly enacts this chapter."
A.
APPLICANT
CALIPER
(1)
(2)
(3)
CURBSIDE AREA
LOT REAPPORTIONMENT
PERMIT
PERSON
SUBDIVISION
SUBSTANTIAL ALTERATION
TOWN
TOWN BOARD
TOWN ROAD OR HIGHWAY
TREE
As used in this chapter, the following words or phrases shall have
the meanings annexed to each:
The owner of real property, or his duly authorized agent,
seeking a permit to remove or plant trees pursuant to the provisions
of this chapter.
The measurement of the diameter of the trees taken at a specific
point above ground level or as near that point as possible:
Transplantable trees having less than four-inch calipers shall
be measured six inches above the ground.
Transplantable trees having four- to twelve-inch calipers shall
be measured 12 inches above the ground.
Nontransplantable trees having calipers of 12 inches or more
shall be measured 4 1/2 feet above the ground.
Includes all land lying between the curbline of the public
highway and the property line of the abutting premises, which has
not been surfaced or improved with concrete or other paving material.
A written authorization issued by the applicable department.
Any individual, firm, partnership, association, corporation,
company or public utility.
The division of real property into lots, plots, blocks, sites
or units with or without streets, for the purpose of offering the
lots, plots, blocks, sites or units for sale to the public.
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; and includes but is not limited to
heavy or unnecessary cutting of top branches (topping), cutting of
major lower limbs (sever elevating) and drastic pruning, but shall
not include customarily accepted or ornamental procedures.
The geographical area of the Town of Hempstead, excluding
incorporated villages and the City of Long Beach.
The Town Board of the Town of Hempstead.
A street, roadway or highway maintained by the Town.
A woody plant which, at maturity, is 20 feet or more in height,
usually with a single trunk unbranched for at least several feet above
the ground and having more or less a definite crown.
B.
Words singular in form may include the plural, and words plural in
form may include the singular.
A.
No person shall destroy, remove or substantially alter the habit of any tree located within the Town curbside area without obtaining a permit from the Commissioner of Highways of the Town of Hempstead pursuant to § 184-3 hereof.
B.
In the event that any tree thereby is removed, it shall be required to be replaced by the planting of a tree of a species set forth in § 184-5 hereof, having a trunk diameter not less than two inches when measured six inches above ground level. The preferable location for the planting of a replacement tree is behind the property line of the applicant.
C.
The Commissioner of Highways may waive the requirements of Subsection B hereof, mandating the planting of a replacement tree, if the replacement tree would be in dangerous proximity to existing or proposed structures; would interfere with utility services, drainage systems, sewer systems or other subsurface improvements; or would create a hazardous or dangerous sidewalk condition.
[Amended 5-19-1998 by L.L. No. 21-1998, effective 5-26-1998; 3-9-2004 by L.L. No.
28-2004, effective 3-22-2004; 8-5-2014 by L.L. No. 66-2014,
effective 8-12-2014]
B.
No tree shall be planted or replaced within the curbside area unless it is of a type described in § 184-5 hereof.
C.
Applications for permits shall be obtained from the Commissioner
of Highways in whatever form deemed appropriate by said Commissioner.
D.
Fee for noncommercial permit. A fee of $25 shall be charged to obtain
a permit for the removal, planting or replacement of any tree abutting
a noncommercial property.
E.
Fee for commercial permit. A fee of $150 shall be charged to obtain
a permit for the removal, planting or replacement of any tree abutting
a commercial property.
Except in the case of the installation of a duly authorized
concrete curb cut and apron, and except in areas where the width is
inadequate (less than three feet) to permit the growth and maintenance
of trees, the installation and maintenance of a concrete or asphalt
cover in the area between the sidewalk and curb are prohibited in
business- and residentially zoned neighborhoods in order to maintain
botanical and environmental conditions within said areas conducive
to the growth and maintenance of healthy, vibrant trees. Anything
to the contrary notwithstanding, the provisions of this section shall
not apply to existing hard-surfaced areas which were replaced as part
of any Town highway improvement project or the private reconstruction
of existing hard-surfaced curbside areas.
[Amended 10-20-1998 by L.L. No. 46-1998, effective 10-26-1998]
A.
No tree shall be planted within the sidewalk area in front of or
adjacent to any private premises except trees whose root systems normally
will not cause damage to sidewalk, curbs or utility installations.
B.
For the purpose of this section, the term "sidewalk" shall include
all land lying between the curbline of the public highway and the
building line of the premises abutting thereon which has been surfaced
or improved with concrete or other paving material.
A.
It shall be the duty of every owner, tenant or other occupant of
any house or structure, and every owner or person entitled to possession
of any vacant lot, to remove trees when required to do so by Town
authorities, to keep trees in front of or adjacent to their premises
and within the sidewalk area trimmed so that overhanging limbs will
not interfere with passersby on the sidewalk or roadway and to repair
any sidewalk or curb in front of or adjacent to such premises damaged
by tree roots located in front of or adjacent to said premises, whether
or not within the property line or sidewalk area.
B.
The Town Board may, from time to time by resolution, require the removal of any tree within the sidewalk area if underground municipal or public utility facilities are to be installed in the area or if the Town Board finds that said tree creates a hazard whether because of the condition of said tree or because it is causing damage to the sidewalk, curb or roadbed or municipal or public utility facilities or for any other reason. The Town Board, from time to time by resolution, also may require the trimming of any tree within the sidewalk area or overhanging same and the repair of sidewalks damaged or encumbered by tree roots in the same manner and upon notice as provided for the repair or construction of sidewalks set forth in Chapter 181 of the Code of the Town of Hempstead.
C.
When trees are removed, tree stumps are to be ground down to six
inches below ground level and covered flush with the surface.
In the course of duties involving the service and repair of
existing public utility company facilities, employees thereof hereby
are authorized and permitted to prune, trim or alter trees within
parameters of accepted horticultural practice, provided that said
employees remove all debris resulting from such pruning and trimming
of trees. If a utility company proposes to remove any tree, a permit
from the Commissioner of Highways must be obtained.
Any Town agency planning an acquisition of property for road
widening or other purpose shall indicate on said acquisition map the
location and size of trees that are intended to be removed. It is
incumbent upon the Town to remove only those trees during reconstruction
of a street or the installation of drainage that present a hazard
to traffic or become unstable as a result of construction and present
a potential danger to residents.
All trees on property to be graded or near any excavation or
construction of any building shall be guarded with a substantial fence,
frame or box not less than four feet high and eight feet square or
at a distance in feet from the tree equal to the diameter of the trunk
in inches, measured 12 inches from grade, whichever is greater. All
building material, dirt and debris shall be kept outside the barrier.
No person shall deposit or store upon any public place of the
Town any stone, brick, sand, concrete or other materials which may
impede the free passage of water, air and fertilizer to the roots
of any tree growing therein.
A.
The Town Board shall review every subdivision, lot reapportionment,
change of zone and site plan regardless of area for the purpose of
considering the preservation of existing trees on the site, except
that review of the following applications shall be performed by the
Board of Zoning Appeals of the Town of Hempstead:
[Amended 7-12-1988 by L.L. No. 55-1988, effective 7-22-1988]
B.
No subdivision, lot reapportionment, change of zone or site plan,
regardless of area, shall be approved by the Town Board unless a site
plan, subdivision or other specific plan has been filed with the Department
of Buildings of the Town of Hempstead, containing a tree legend which
will identify by number, species and caliper [four inches or more]
those trees to be preserved, removed and/or replaced, and unless and
until the Town Board by resolution shall have approved same after
giving due consideration to:
[Amended 7-12-1988 by L.L. No. 55-1988, effective 7-22-1988]
(1)
The condition of the tree with respect to disease and danger of falling,
proximity to existing or proposed structures and interference with
utility services.
(2)
The necessity of the removal or alteration of the tree in question.
(3)
Compliance with regulations of the New York State Department of Environmental
Conservation and the Town of Hempstead Department of Conservation
and Waterways if the proposed tree removal or alteration site is adjacent
to freshwater wetland boundaries.
(4)
The character established at the proposed site of removal or alteration
with respect to existing tree density.
(5)
The impact of any removal or alteration upon existing screening of
any road or highway bordering the property.
(6)
The recommendations of the Department of Buildings, which shall review
the site plan for tree preservation with a landscape architect.
C.
In the event that trees are proposed to be removed to provide parking
spaces, the design layout will be reviewed by the Town Board under
provisions of site plan review to ascertain whether a realignment
of aisles or a dimensional adjustment can be made to preserve the
trees scheduled for removal. Said site plan must show the location
of trees proposed to be removed.
A.
Any person committing an offense against this chapter or any section
or provision hereof shall be guilty of a violation punishable by a
fine not exceeding $250 or imprisonment for a period not exceeding
15 days, or by both such fine and imprisonment, for each tree illegally
removed or substantially altered. Each such violation shall constitute
a separate offense and shall be punishable as such hereunder.
B.
In addition, this chapter may be enforced by civil action, including
an injunction, and any person who has violated or permitted a violation
of this chapter may be directed by the Town to replace any trees removed,
destroyed or substantially altered in violation of this chapter with
new trees having a diameter not less than two inches when measured
six inches above the ground level; and, where such direction has been
made, no building permit or certificate of occupancy shall be issued
for structures on said real property until such replacement has been
completed or a guaranteed replacement bond has been posted.
If any clause, sentence, paragraph, section or part of this
chapter shall be adjudged by any court of competent jurisdiction to
be invalid, the judgment shall not affect, impair or invalidate the
remainder of this chapter, but shall be confined in its operation
to the clause, sentence, paragraph, section or part of this chapter
that shall be directly involved in the controversy in which such judgment
shall have been rendered.
