[Amended 11-9-2020 by L.L. No. 10-2020]
Any person aggrieved by any act or determination of the Building Department, Commission, or Board of Trustees, after first exhausting all procedures provided in this chapter, shall have the right to appeal to the Zoning Board of Appeals. Such appeal must be taken within 60 days after the filing of the applicable determination, specifying the grounds thereof and the relief sought. The Zoning Board of Appeals may make a determination applying the same considerations as are set forth in this chapter and may impose appropriate conditions upon the granting of any appeal. Unsafe buildings are governed by Article XXI of this Chapter.
Any person who violates any provision of this chapter, fails
to comply with any conditions imposed by the Superintendent, Planning
Board or Board of Trustees, or fails to comply with any written directive
made pursuant to this chapter, or causes any of the aforesaid violations,
shall be deemed guilty of a violation and, upon conviction thereof,
shall be subject to a fine as follows:
A.Â
For removing, destroying or substantially altering the habitat of
a single tree, a minimum fine of $500, with a maximum fine not to
exceed $2,000.
B.Â
Where more than one tree is removed, destroyed or substantially altered
in violation of any provision of this chapter, within a one-year period,
the fines shall be as follows:
(1)Â
For the first such tree, a minimum fine of $500, with a maximum
fine not to exceed $2,000;
(2)Â
For the second such tree, a minimum fine of $2,500, with a maximum
fine not to exceed $5,000;
(3)Â
For three or more such trees, a minimum fine of $3,000 and a
maximum fine of $5,000 for each tree in excess of two trees.
C.Â
A tree company or any person not an owner of real property who performs an act in violation of this chapter shall also be subject to the same fine schedules provided in Subsections A and B of this section. Such company or person shall be subject to the fines provided in Subsection B of this section regardless of the location of the real property where the trees are or were located.
D.Â
For each tree not replanted as required by this chapter, a fine of
$5,000.
A.Â
If a real property owner or any other person performing work with
the consent, expressed or implied, of the real property owner shall
violate any provision or condition of any permit or other approval
of an application from any department, board, or commission of the
Village by removing, destroying, or substantially altering the habitat
of a tree, or by suffering, permitting, or allowing the removal, destruction,
or substantial alteration of the habitat of a tree on such real property,
such permit or other approval shall be suspended. Such suspension
shall continue and no further action shall be taken pursuant to such
approval until such person shall apply to the department, board, and/or
commission which granted such permit or approval for modifications
thereof based upon the removal, destruction or substantial alteration
of the habitat of such tree or trees. Upon such application, such
department, board, and/or commission may modify such permit or approval
by implementing such conditions, including, but not limited to, the
requirement that one or more new trees, with a diameter and height
as determined by the commission, shall be planted to replace the removed
tree(s) and that the new tree(s) shall be maintained for a specific
period of time, not to exceed five years, or such other condition
or conditions as such department, board and/or commission might deem
appropriate. Such conditions also may include a prohibition of any
further work on such real property until the replacement tree or trees
have been planted and that a declaration or covenants and restrictions
be recorded by the owner of the real property, running with the land,
to assure that such conditions with regard to such replacement trees
shall be enforceable against all future owners.
B.Â
Notwithstanding anything to the contrary in this chapter, the Superintendent
shall have the authority to authorize and/or direct that the real
property owner and/or any other person performing work with the consent,
expressed or implied, of the real property owner take such actions
as, in the sole discretion of the Superintendent, are reasonable and/or
necessary to maintain the real property in a safe condition and to
assure that all relevant stormwater, sediment and erosion control,
and tree protection measures are implemented and maintained and that
such other actions as the Superintendent may determine to be in the
best interests of the Village are implemented and maintained until
such application has been made, a decision thereon has been rendered
by such department, board, and/or commission, and the additional conditions,
if any, of such department, board or commission have been implemented.
