[HISTORY: Adopted by the Board of Trustees
of the Village of Lake Success 1-30-1989 by L.L. No. 1-1989;
amended in its entirety 5-9-2005 by L.L. No. 1-2005. Subsequent amendments
noted where applicable.]
The Board of Trustees of the Village of Lake Success ("Board
of Trustees") recognizes that trees stabilize the soil, control water
pollution by preventing soil erosion and flooding, absorb air pollution,
provide us with oxygen, yield microclimatic effects, are a natural
barrier to noise, provide a natural habitat for the wildlife in our
area and have an intrinsic aesthetic quality. Destruction or removal
of trees deprives the residents of the Village of Lake Success, as
well as all sectors of society, of these benefits and disrupts fundamental
ecological systems of which they are an integral part. Therefore,
it is the intent of the Board of Trustees, in enacting this chapter,
to regulate the destruction and removal of trees to secure these benefits
for the present and future inhabitants of the Village of Lake Success.
A.
APPLICANT
BOARD OF TRUSTEES
HABIT
PERSON
PLANNING BOARD
PUBLIC RIGHT-OF-WAY
TREE
VILLAGE ARBORIST
For the purpose of this chapter, the following terms and phrases
shall be given the meanings stated herein:
The owner of real property, or his duly authorized agent,
seeking a permit to remove trees pursuant to the provisions of this
chapter.
The Board of Trustees of the Village of Lake Success.
The natural growing characteristics of any tree, which include
branch spread and distribution, branch height above ground and root
spread and distribution.
Any individual, firm, partnership, association, corporation,
company, public agency, public utility or organization of any kind,
or agent thereof.
The Planning Board of the Village of Lake Success.
The unpaved portion of a public street which abuts private
property and lies between the public street and private property.
[Added 11-9-2020 by L.L. No. 3-2020]
Any living woody plant, its root system and the environment
within the area, defined by the outermost limits of its branches,
the trunk of which is seven inches in diameter or greater at a height
of four feet from ground level; minor forest vegetation of any size,
such as but not limited to dogwood.
A duly licensed arborist hired by the Village of Lake Success
to determine the conditions of trees with respect to disease, insect
attack and danger of falling in connection with a permit application
to remove trees pursuant to the provisions of this chapter.
B.
Wherever appropriate, the singular number includes the plural, and
the plural includes the singular.
A.
It shall be unlawful for any owner of real property, or any other person, to cause, permit or allow the removal, destruction or substantial alteration of the habit of a tree as defined in § 99-2 of this chapter within the Village of Lake Success, unless:
(1)
A permit is first obtained from the Building Inspector;
(2)
The work is done as specified in an accepted and approved landscape
plan as part of an approved subdivision or building permit for the
real property in question;
(3)
The alteration of habit by the pruning of trees in accordance with
customarily accepted ornamental procedures; or
(4)
In the event of a life- or property-threatening circumstance requiring
the removal, destruction or substantial alteration of the habit of
a tree, the Building Inspector or, in his/her absence, the Foreman
or Deputy Foreman of the Public Works Department, the Police Chief
of the Village of Lake Success or, in the event that none of the foregoing
are available, a person designated by the Mayor, Deputy Mayor (if
the Mayor is not available) or a Trustee, if the Mayor and Deputy
Mayor are not available, may authorize the removal, destruction or
alteration which shall be certified in writing by the person giving
such authority, either before or after the event, as circumstances
require.
B.
The removal of the tree(s) is necessary for the construction or any
improvement for which a valid building permit has been issued.
A.
If a person shall deem it necessary to remove, destroy or substantially alter the habit of a tree as defined in § 99-2 of this chapter on any real property within the Village of Lake Success and such person does not have an accepted landscape plan as part of an approved subdivision or building permit and the alteration of habit is not in accordance with customarily accepted ornamental procedures, then such person shall first make application for a permit to the Superintendent of the Building Department.
(1)
Upon receipt of the application, the Village Arborist shall visit
and inspect the site to determine the condition of the tree with respect
to disease, insect attack and danger of falling. The Village Arborist
shall certify in writing whether the tree is healthy or diseased and
submit such certification to the Superintendent of Buildings who shall
make a decision as to whether the permit should be granted.
(2)
The applicant is responsible for paying the Village Arborist inspection
fee. A permit will not be granted if the Village Arborist has not
had an opportunity to inspect the site and certify the tree's condition.
B.
The application shall include but not be limited to the following:
(1)
The name and address of the applicant and owner, if not the same.
(2)
The purpose of the proposed tree removal, destruction or alteration.
(3)
The site of the proposed tree removal, destruction or alteration.
(4)
An attached plan or sketch of the area clearly indicating the following:
(a)
An outline of the site showing the location and size of existing
trees.
(b)
The location and size of tree(s) to be removed destroyed or
altered.
(c)
The location of any improvements on the property, existing or
proposed.
(d)
Any additional information that the Building Department may
deem necessary for evaluation of the application.
C.
The decision of the Superintendent of the Building Department shall
take into account the following considerations:
(1)
The location and size of the tree(s) to be removed, destroyed or
altered.
(2)
The condition of the tree(s) with respect to disease and potential
for creating hazardous conditions.
(3)
The proximity of the tree(s) to existing or proposed structures and
utility appurtenances.
(4)
The reason for the removal.
(5)
The character established at the site or proposed site with respect
to existing trees or other vegetation in the immediate vicinity, locality
or village.
(6)
The environmental effect of the removal, destruction or alteration.
(7)
The aesthetic effect of the removal, destruction or alteration.
(8)
The intentions of the applicant to replant additional tree(s) at
the site.
D.
Upon the submission of an application, an inspection by the Village
Arborist if required, and upon approval by the Superintendent of the
Building Department, the Village shall issue a permit. All work to
be performed pursuant to a duly issued permit for the removal of trees
shall be limited to weekdays from 8:00 a.m. to 5:00 p.m., excluding
federal holidays.
[Amended 2-8-2021 by L.L. No. 1-2021]
The Superintendent of the Building Department may require the
planting of the same or agreed upon alternate species of trees as
are nearly comparable in type and size as practical to the trees to
be removed, when the individual character of the tree(s) or the ecological
setting requires special consideration, as a condition for the issuance
of a permit for tree removal. The location for planting of the replacement
trees shall be agreed upon between the applicant and the Superintendent
of the Building Department prior to issuance of a permit for removal.
A.
Every property owner or occupant shall be responsible for the normal
care, including watering, of trees, shrubs and plants located on such
property.
B.
Willful injury or disfigurement of any tree growing within the Village
shall be a violation of this chapter;
C.
No person shall:
(1)
Attach any sign, notice or other object to any tree or fasten any
wires, cables, nails or screws to any tree in a manner that could
prove harmful to the tree, except as necessary in conjunction with
activities in the public interest.
(2)
Pour any material on any tree or on nearby ground which could be
harmful to the tree.
(3)
Cause or encourage any unnecessary fire or burning near or around
any tree.
(4)
Construct a concrete, asphalt, brick or gravel sidewalk or otherwise
fill up the ground around any tree so as to cut off air, light or
water from the roots.
(5)
Pile building material or equipment around any tree so as to cause
injury thereto.
D.
A protective barrier shall be placed around the protected trees prior
to land preparation or construction activities and shall remain in
place until all construction activity is terminated.
E.
No equipment, chemicals, soil deposits or construction materials
shall be placed within the protective barriers.
F.
Any landscaping activities subsequent to the removal of the barriers
shall be accomplished with light machinery or hand labor.
A.
Any person doing business as a public utility subject to the jurisdiction of the New York State Public Service Commission and any duly constituted public agency authorized to provide utility services shall be permitted to trim, prune or alter any tree which may otherwise be lawfully altered by such person to the minimum extent necessary to enable such person to repair existing utility services without having first obtained a permit pursuant to § 99-4 of this chapter.
[Amended 11-9-2020 by L.L. No. 3-2020]
A.
Maintenance.
(1)
The maintenance and care of any tree growing within a public right-of-way
shall be the responsibility of the private property owner whose property
abuts the public right-of-way. Maintenance of trees shall include
all necessary trimming, pruning and removal of trees as required by
the Superintendent of the Building Department.
(2)
Maintenance shall also include the trimming or removal of any tree
or bush that obstructs the line of sight of a person accessing a public
street, as determined by the Superintendent of the Building Department.
B.
Any tree growing on private real property or within a public right-of-way
which is endangering or, in the opinion of the Superintendent of the
Building Department, constitutes a danger to the public, public street
or to a public place, or which in any way endangers the usefulness
of a public sewer or public utility, shall be removed or trimmed by
the owner of real property within 14 days of receiving notice from
the Building Department, unless the danger is imminent, in which case
the work shall be completed within one business day of receiving notice.
In the event that the owner fails to remove or trim such tree within
said time, the Superintendent of the Building Department may then
arrange for the removal or trimming of said tree and assess the cost
thereof against the property owner.
C.
Nothing herein shall limit the authority of the Superintendent of
the Building Department to remove or alter any tree that is growing
on public or private property or a public right-of-way if he deems
it necessary to protect the health, safety and welfare of the Village
residents.
D.
The Golf Course Superintendent has the authority to remove or alter
any tree that is growing on the Village Golf Course if he deems it
necessary to protect the health, safety and welfare of the Village
residents.
E.
No new trees shall be planted within the public right-of-way unless
authorized by the Superintendent of the Building Department.
A.
Any person who shall violate any provision of this chapter shall
be deemed guilty of a violation, and, upon conviction thereof, the
court may impose a fine of no less than $5,000 and no more than $10,000
per tree illegally removed, destroyed or substantially altered. The
court, in addition to any penalties imposed, may order any person
convicted of violating the provisions of this chapter to replace the
tree(s) illegally removed, destroyed or substantially altered with
the same species or agreed-upon alternate species having approximately
the same diameter. Each such violation shall constitute a separate
offense and shall be punishable as such hereunder.
[Amended 3-8-2021 by L.L. No. 6-2021]
B.
In addition to any penalties which may be imposed pursuant to Subsection A, any person who violates any provision of this chapter may be ordered to restore the premises damaged by the unlawful removal, destruction or alteration of trees to such suitable conditions as the Planning Board may require. In the event that the property is not restored within a reasonable time, as determined by the Planning Board, the Board of Trustees may restore, or cause to be restored, such real property, and all costs incidental to such restoration shall be assessed against the real property in question and shall be a lien against said real property in the same manner as real estate taxes, with the same force and effect.
This chapter shall be administered by the Planning Board, which shall have the authority to promulgate rules and regulations for the effective administration of this chapter consistent with the intent of this chapter as stated in § 99-1. It shall have the authority to hire a licensed arborist or a landscape architect as a consultant, subject to the approval of the Board of Trustees.
A.
Any person aggrieved by any act or determination of the Superintendent
of the Building Department in the exercise of the authority herein
granted shall have the right to appeal to the Planning Board within
30 days after the determination is made.
B.
An appeal shall be in writing, stating the decision appealed from
and the reasons for the appeal. The determination of the Planning
Board shall be binding and conclusive.
