As used in this chapter, the following terms have the meanings
indicated:
ANNUALLY or ANNUAL
A one-year period commencing on the date of the removal of
a Class B or Class C tree.
APPLICANT
The owner, lessee, occupant or contract vendee of real property
in the Village, or any agent thereof.
BOARD
The Board of Trustees of the Village of Hewlett Neck.
CERTIFIED ARBORIST
An individual who has obtained knowledge and competency in
arboriculture or forestry through an accredited body such as the International
Society of Arboriculture (ISA) Arborist Certification Program, the
American Society of Consulting Arborists, or the New York State Cooperating
Consultant Forester Program, or equivalent program as determined by
the Tree Commission.
DESTROY
Shall include such practices as topping, girdling, trenching
near tree roots, applying herbicides or pesticides, poisoning, ringing
a tree, excessive pruning, damaging, compacting or overburdening the
roots, or cutting, in a manner as to bring about, or which may reasonably
be expected to bring about, the ultimate death of such tree, either
immediately or within the course of time; shall also include any destructive
pruning practices.
DESTRUCTIVE PRUNING PRACTICES
Pruning of a mature tree in ways that are in violation of
best practices, as defined by the American National Standards Institute
Guidelines for Tree Pruning [ANSI A300, Part 1]. Destructive pruning
practices include, but are not limited to, tree topping, defined as
cutting back large-diameter branches to stubs, and removal of more
than 25% of a tree's canopy.
DIAMETER
The measurement of the diameter of a tree taken at a point
4.5 feet above ground level. If a tree splits into multiple trunks
below such point, then the measurement is taken at the most-narrow
point beneath the split.
EMERGENCY
Any condition in which the failure to remove a tree, or any
portion thereof, shall represent an imminent danger to the health,
safety and general welfare of Village residents or property in the
Village.
GROUND LEVEL
The average of the ground level at the base of a tree.
HABITAT
The natural growing characteristics of any tree, which includes
branch spread and distribution, branch height above ground and root
spread and distribution below ground.
PERSON
Any individual, firm, partnership, association, corporation,
company, public agency, public utility, organization or entity of
any kind, or agent thereof.
PREFERRED SPECIES LIST
A list of tree or shrub species for various sites and conditions,
including land characteristics, existence of utility lines or facilities,
and proximity to buildings, structures or paved surfaces maintained
by the Village.
SUBSTANTIAL ALTERATION
Any cutting or drastic pruning or elevating the habitat of
a tree that impairs or endangers the life of such tree or destroys
its natural symmetry; and shall include, but not be limited to, heavy
or unnecessary cutting of top branches and cutting of top and side
branches and limbs (commonly called "topping").
TREE
A woody perennial plant, typically having an elongated trunk,
or trunks, that bear lateral branches and leaves at a distance from
the ground.