[HISTORY: Adopted by the Board of Trustees
of the Village of Great Neck Estates 4-9-2018 by L.L. No. 2-2018.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed
former Ch. 213, Trees, adopted 5-13-1991 by L.L. No. 3-1991 (Ch. 121
of the 1981 Code).
A.
The Board of Trustees of the Village of Great Neck Estates hereby
finds and determines that it has been established that trees provide
a natural habitat for the wildlife of our area, absorb air pollution,
provide oxygen, deter soil erosion and flooding and offer a natural
barrier to noise. As the removal of trees deprives us of these benefits
and disrupts the ecological balance in nature, it is therefore the
purpose of this article to prevent the indiscriminate destruction
and removal of trees in the Village of Great Neck Estates.
B.
The Board of Trustees further notes the findings of the New York
State Environmental Quality Review Act,[1] including the extent to which the Village is obligated
to serve as a steward of air, water, land and living resources, and
the extent to which the Village is obligated to protect the environment
for the use of this and further generations. It is the intent of the
Board of Trustees to recognize these responsibilities in part, by
providing these procedures, as well as to preserve the health, welfare
and general character of the community, which is reflected in the
abundance of trees in the Village of Great Neck Estates.
[1]
Editor's Note: See Environmental Conservation Law § 8-0101
et seq.
For the purpose of this article, the following terms, phrases
and words shall have the meanings ascribed herein:
The owners of real property or the duly authorized agent
of such owners.
The natural growing characteristics of any tree, which includes
branch spread and distribution, branch height aboveground and root
spread and distribution.
Any individual, firm, partnership, association, corporation,
company, public agency, public utility or organization of any kind
or the agent thereof.
All real property in the Village, whether improved or unimproved.
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. The term "substantial alteration" includes,
but is not limited to, destruction or removal of a tree, heavy or
unnecessary cutting of top branches (topping), cutting of major lower
limbs (severe elevating) or drastic pruning, but shall not include
customarily accepted or ornamental pruning as defined by National
Arborist Association's standards for pruning of shade trees.
Any woody plant, its root system and the environment within
the area defined by the outermost limits of its branches, which is
at least seven inches in diameter at a height of four feet six inches
above the base of the trunk.
The Village Building Official or such other person as may
be designated by the Mayor with the approval of the Board of Trustees.
A.
It shall be unlawful for any person to remove, destroy or substantially
alter the habit of one or more trees on any real property unless a
permit has been obtained pursuant to this article.
B.
This article shall not apply in an emergency situation (as determined
by the Village Official) or to the removal, destruction or substantial
alteration of any tree made in accordance with an accepted building
or landscape plan that is part of an approved subdivision, building
permit, site plan or other permit approved by the Village of Great
Neck Estates.
A.
The Village Official shall administer and enforce this article, and
choose replacement trees, as hereinafter provided.
B.
The Village Official shall perform the following duties:
(1)
Receive and keep accurate records of tree removal permit applications.
(2)
Visit and inspect the site and the trees described in the application,
as well as contiguous and adjoining lands.
(3)
Grant or deny applications for permits based on the standards for granting permits as described in § 213-6 of this article.
(4)
In case of emergencies involving but not limited to hurricanes, windstorms,
floods, freezes or other natural disasters, waive the permit requirements
of this article.
A.
Any person who proposes to substantially alter one or more trees
on any real property within the Village shall make application to
the Village Official for a permit for such activity.
B.
The permit application shall be made on such form as may be prescribed
by the Village Official and shall include, but not be limited to,
the following:
(1)
The names and address(es) of the applicant. If the applicant is a
legal entity other than a natural person, the application must state
the status of that entity as a corporation, partnership or other legal
form.
(2)
Location of the real property, including the street address.
(3)
Written consent of the owner(s) of the real property on which the
tree(s) are located, if the applicant is not the owner(s).
(4)
The number of trees which are proposed to be substantially altered.
(5)
The purpose of the proposed substantial alteration.
(6)
A diagram of the area or section of real property where trees are
proposed to be substantially altered, whether located on or off the
site, or where any disturbance of land is proposed, showing location
of all trees, indicating and identifying those trees to be substantially
altered and those trees to be preserved or maintained, and the diameter
and species of each such tree. Such diagram shall also indicate the
name and address of the person who prepared the diagram.
(7)
Location of all existing structures and driveways on the site, including
any proposed grade changes that might adversely affect or endanger
any trees on the site, and details of how the applicant proposes to
maintain and protect trees which are proposed to be preserved or maintained.
(8)
Any additional information which the Village Official may deem necessary
for evaluation of the application.
In determining whether to grant an application for a permit
pursuant to this article, the Village Official shall consider all
pertinent factors, including but not limited to the following:
A.
The physical condition of the tree(s) proposed to be substantially
altered and whether any tree proposed to be substantially altered
is a tree worthy of preservation.
B.
The proximity to existing or proposed improvements of trees proposed
to be substantially altered, including the necessity of removing one
or more of such trees in order to construct proposed improvements.
C.
The ease with which the applicant or owner could alter or revise
the proposed development or improvement to accommodate and preserve
existing trees.
D.
The effect of the proposed substantial alteration on the ecological
systems, including the erosion potential, soil moisture retention
and flow of surface waters on the property.
E.
The need for visual screening in transitional zones or relief from
glare, blight, commercial or industrial ugliness or any other visual
affront.
F.
The effect on the area of substantial alteration as determined by
accepted tree management practices and/or the relandscaping of the
premises.
G.
Any economic or other hardships that would be imposed upon the applicant
or owner were the permit denied.
The Village Official shall, as a condition of granting a permit:
A.
Require the planting of the same or agreed-upon alternative species
of tree for each tree proposed to be substantially altered, which
shall be at least two inches in diameter, at a height of four feet
above the base of the trunk, or at least eight feet in height. The
Village Official may, at his discretion, waive part or all of this
requirement.
B.
Require the reasonable relocation of proposed driveways, surfaces
and subsurface improvements or drainage systems to protect the trees
to be preserved.
C.
Regulate the days and hours of substantial alteration.
D.
Require such safeguards as appropriate to minimize the environmental
impact of the proposed substantial alteration or any activities in
furtherance thereof.
E.
Impose such other reasonable conditions as may be necessary to effectuate
the purposes of this article.
Each tree removal permit application shall be accompanied by
a fee in an amount set from time to time by resolution of the Board
of Trustees.
A.
Any person who violates any of the provisions of this article shall
be guilty of an offense and shall be punished by a fine not to exceed
$1,000 for each tree, the habit of which is substantially altered
in violation of this article.
B.
Any person found guilty of violating this article may also be required
by the court to replace any or all trees, the habit of which was substantially
altered, with trees of a size and type selected by the Village Official,
and to plant said replacement trees within a specified period of time.
All such replacement trees must be at least four inches in diameter
at four feet six inches above the base of the trunk. Where such direction
for replacement of trees is made, no building permit, certificate
of occupancy or certificate of compliance shall be issued for the
real property upon which such tree is located until such replacement
has been completed.
C.
In addition to any other remedy provided by law, this article may
be enforced by civil action by the Village, including injunctive relief.
In such action, the Village may also seek a judgment requiring replacement
of any or all trees the habit of which was substantially altered,
with trees of a size and type selected by the Village Official, and
planting of said replacement trees within a specified period of time.
All such replacement trees must be at least four inches in diameter
at four feet six inches above the base of the trunk. Where such direction
for replacement of trees is made, no building permit, certificate
of occupancy or certificate of compliance shall be issued until such
replacement has been completed.
Any person aggrieved by a determination of the Village Official
under this article shall have the right, within 30 days from the date
of such determination by the Village Official, to appeal to the Board
of Trustees, in writing. Any such written appeal shall identify the
manner in which the appellant is aggrieved by the said determination,
and shall state the reason for the appeal. The Board of Trustees shall
render a decision on the appeal within 60 days of the filing of the
appeal, and such determination shall be final and conclusive.
As used in this article, a "sidewalk tree" is any tree, shrub, or other planting located in a curb strip, and a curb strip is the area between the property line of a private real property and the paved portion of any public street or right-of-way abutting such property. The provisions of Article I of this chapter shall not apply to the removal or alteration of habit of any sidewalk tree, except as otherwise provided in this article.
A.
Every owner and occupant of any private property abutting on any public street in the Village of Great Neck Estates is hereby required to maintain any sidewalk tree in a curb strip abutting such property. Each such sidewalk tree shall be maintained in a safe and healthy condition, as required by this article or as directed by the Village Official defined in § 213-1 of this chapter. Such responsibility shall include pruning, cutting, or removal of such any such tree as directed by the Village Official in order to protect the health of the tree, and/or to protect public health and safety.
B.
Each such owner or occupant shall be responsible for the normal care,
including watering, of each such sidewalk tree.
C.
No such owner or occupant may remove or alter the habit of any such
sidewalk tree, nor cause or permit any such action, without the written
permission of the Village Official.
D.
No such owner or occupant shall attach, or cause or permit to be
attached, any sign, notice or other object, nor fasten any wires,
cables, nails or screws, to any such sidewalk tree in a manner that
is likely to prove harmful to the tree, without the written permission
of the Village Official.
In case of emergencies involving but not limited to hurricanes,
windstorms, floods, freezes or other natural disasters, the permit
requirements of this chapter may be waived by the Village Official.
A.
Any person who violates any of the provisions of this article shall
be guilty of an offense and shall be punished by a fine not to exceed
$1,000 for each violation. Each violation with respect to a separate
tree shall constitute a separate violation. Each day upon which a
continuing violation occurs shall constitute a separate violation.
B.
Any person found guilty of violating this article may also be required
by the court to replace any or all trees adversely affected by such
violation with trees of a size and type selected by the Village Official,
and to plant said replacement trees within a specified period of time.
All such replacement trees must be at least four inches in diameter
at four feet six inches above the base of the trunk. Where such direction
for replacement of trees is made, no building permit, certificate
of occupancy or certificate of compliance shall be issued for the
real property upon which such tree is located until such replacement
has been completed.
C.
In addition to any other remedy provided by law, this article may
be enforced by civil action by the Village, including injunctive relief.
In such action, the Village may also seek a judgment requiring replacement
of any or all trees adversely affected by such violation, with trees
of a size and type selected by the Village Official, and planting
of said replacement trees within a specified period of time. All such
replacement trees must be at least four inches in diameter at four
feet six inches above the base of the trunk. Where such direction
for replacement of trees is made, no building permit, certificate
of occupancy or certificate of compliance shall be issued until such
replacement has been completed.
The Village Official is hereby empowered to give such notices,
orders and directions as may reasonably be necessary or appropriate
for enforcement of the provisions of this article, or otherwise to
keep the public streets and sidewalks safe for public travel.
In addition to any penalties otherwise provided by law for violations
of this code, any person who violates the provisions of this article
shall be responsible civilly to the Village, and to any person injured
or who sustains property damage, for all loss, damage, and expense
(including reasonable attorneys' fees) incurred by reason of
such violation. Each such person who violates the provisions of this
article also shall hold the Village of Great Neck Estates harmless
from and indemnify the Village against any and all claims, damages,
expenses (including reasonable attorneys' fees) arising out of
such violation.
Any person aggrieved by a determination of the Village Official
under this article shall have the right, within 30 days from the date
of such determination by the Village Official, to appeal to the Board
of Trustees, in writing. Any such written appeal shall identify the
manner in which the appellant is aggrieved by the said determination,
and shall state the reason for the appeal. The Board of Trustees shall
render a decision on the appeal within 60 days of the filing of the
appeal, and such determination shall be final and conclusive.
