A.
Except as otherwise provided in this chapter, no person shall perform, or cause to be performed, the removal, destruction, or substantial alteration of a tree that is subject to permit removal requirements pursuant to § 121-503 except in compliance with this chapter and without first obtaining a tree removal permit from the Commission as hereinafter prescribed. No tree removal permit shall issue for any activity that is a destructive pruning practice.
B.
The application shall be made on such forms as may be prescribed
by the Building Department or the Superintendent and shall include,
but not be limited to, the following:
[Amended 11-9-2020 by L.L. No. 10-2020]
(1)
The name and address of the applicant.
(2)
The purpose of the proposed removal, destruction or substantial
alteration.
(3)
A sketch or plan depicting the location of the property (including
all cross streets) and the tree(s) that contains information sufficient
for the Building Department to identify the exact tree(s) that are
identified for removal on the application. Such information may include
references to buildings, structures, other trees and/or roadway locations.
Additionally, the applicant must mark the tree(s) proposed for removal
with tape, ribbon or a large tag before any site visit by the Building
Department and/or Commission members.
(4)
The name of the tree company to perform the work under the permit.
(5)
Written consent of the owner or owner of the real property,
if the applicant is not the property owner.
(6)
Any additional information that the Building Department deems
necessary for evaluation of the application.
C.
The application shall be filed with the Building Department, and,
upon receipt of an application to remove a tree, the Building Department
may refer the application to the Commission for its review and advice,
in accordance with this chapter.
[Amended 11-9-2020 by L.L. No. 10-2020]
D.
Criteria for Building Department determination and recommendations
by the Commission. The decision of the Building Department, and any
recommendations provided by the Commission, shall be based on the
following criteria:
[Amended 11-9-2020 by L.L. No. 10-2020]
(1)
The condition of the tree or trees that the applicant seeks
to remove with respect to disease and/or 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 or trees.
(3)
The potential for impact of the removal upon ecological systems,
including any impact on a hillside, if the tree or trees are located
on a hillside or impact a hillside.
(4)
The character established at the proposed site of removal with
respect to existing vegetation management, impact on stormwater runoff,
and/or impact on the stability of the hillside in the area of the
tree or trees.
(5)
The impact of any removal or alteration on the existing screening
of any public street, public property or private property bordering
the real property that is the subject of the application.
(6)
The
tree or trees cause unnecessary hardship by substantially interfering
with a permitted and intended use of the property. Applicant must
submit a description of the intended use and why the tree or trees
present an unnecessary hardship.
E.
Tree removal permit. If the Building Department determines that a tree removal permit should be issued, within 10 business days after making such determination, the Building Department shall issue such tree removal permit, subject to any conditions imposed by the Building Department, including provision for replanting as provided in § 121-702 herein. Such permit shall be valid for a period of time as determined by the Board of Trustees from time to time, as adopted by resolution of the Board of Trustees.
[Amended 11-9-2020 by L.L. No. 10-2020]
F.
Fees.
[Amended 10-16-2019 by L.L. No. 5-2019; 1-13-2020 by L.L. No. 1-2020; 11-9-2020 by L.L. No. 10-2020]
(1)
The applicant shall pay a permit fee as prescribed from time
to time by resolution of the Board of Trustees. If a tree that is
the subject of a tree removal permit is confirmed by the Building
Department to be dead at the time of application and/or permit issuance,
the tree removal permit fee shall be waived. Unless a specific provision
in this chapter provides otherwise, any fee required to be paid as
prescribed in this chapter may only be waived upon application to,
and grant by, the Board of Trustees.
(2)
In making a determination concerning the removal of any trees
on private property in the Village, the Building Department, either
on its own or as recommended by the Commission, may require a report
from a professional arborist to be chosen by the Building Department.
Whenever an inspection and report by a professional arborist is required
by the Building Department, a fee as prescribed from time to time
by resolution of the Board of Trustees shall be charged to the applicant.
Whenever extensive efforts are required, additional fees may be charged
to the applicant for the direct costs associated with such efforts.
A.
Except as otherwise provided herein, for each tree removed pursuant to a tree removal permit as provided in § 121-701, the applicant either shall replant a tree on the property from which the permitted tree is being removed or shall deposit in the Village Tree Releaf Fund a sum as prescribed from time to time by resolution of the Board of Trustees, in accordance with the provisions of this chapter. The requirements in this section shall not apply if (i) the tree that is the subject of the tree removal permit is sought to be removed because it is dead and the Building Department confirms the tree to be dead at the time of application and/or permit issuance, or (ii) a tree is removed pursuant to § 121-703.
[Amended 11-9-2020 by L.L. No. 10-2020]
B.
Except where otherwise authorized by the Building Department, any
tree replanted pursuant to this chapter shall be subject to all of
the following requirements:
[Amended 11-9-2020 by L.L. No. 10-2020]
(1)
Be of a size and species as approved by the Building Department.
(2)
Be planted in a location approved by the Building Department.
(3)
Be bailed and burlapped and shall not be less than two inches
in diameter nor less than eight feet high. Trees shall be nursery-grown,
and a nursery inspection certificate shall be available covering all
replanted trees.
(4)
Be planted using the best current, commercial practices for
successful tree planting.
(5)
Be consistent with the preferred species list.
(6)
Any other reasonable requirements of the Building Department.
C.
Upon the planting of the tree or trees, the applicant shall request
that the Building Department certify that the tree or trees have been
planted. If requested by the Building Department, the Commission may
provide the Building Department with such certification. Failure to
obtain such certification within the time provided in the permit shall
be deemed a violation of this chapter and shall be subject to the
penalties provided in this chapter.
[Amended 11-9-2020 by L.L. No. 10-2020]
D.
An applicant may request a waiver of these requirements from the
Board of Trustees by submitting in writing the request and setting
forth the reasons for the request. The Board of Trustees may consider
such waiver application at any scheduled meeting of the Board and
may waive the requirements in full or in part.
[Amended 11-9-2020 by L.L. No. 10-2020]
In the event of an emergency, all necessary and proper action may be taken with regard to the removal of trees by a resident to ensure the safeguarding of family and property. In this event, there shall be no fee charged for the removal of such tree, and the replacement provisions provided in § 121-702 shall be waived. The burden shall be on the resident to demonstrate to the Building Department that an emergency existed, that appropriate, measured and necessary action was taken and that professional and expert services were utilized. Failure to show an emergency existed and that fair, necessary and appropriate action was taken will subject the action taken to any applicable requirements and/or penalties in the Village Code. In determining whether an emergency exists, in addition to the general considerations set forth in this section, the Board of Trustees may adopt, from time to time, guidelines applicable for determination as to whether the removal of a tree constitutes an emergency.
[Amended 11-9-2020 by L.L. No. 10-2020]
Any tree growing on private property which, in the opinion of the Building Department, is endangering or constitutes a danger to a public street or public places or the members of the public using the same, or which in any way endangers the usefulness of a public utility or sewer, or which, by reason of infestation or blight, endangers other trees in the Village, shall be removed or the habitat thereof altered by the owner of the real property as directed in writing by the Building Department. If the property owner fails to comply with the written directive of the Building Department within the time specified by the Building Department, the Village may then take the action directed by the Building Department and assess the cost thereof against the property owner. Such assessed costs shall be a lien against the real property and shall be collected by the Village in the same manner as a real estate tax or assessment. The directive from the Building Department shall clearly state the source of the danger, the action to be taken, and the date by which such action must be taken and shall be served on the owner of the real property personally or by certified or registered mail, addressed to said owner at the last known address for said owner on the tax records of the Village. If served by mail, the notice shall be deemed received three days after the notice is deposited in a depository maintained by the United States Postal Service. Any such tree shall not be subject to the requirements of § 121-702 of this article.
