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 § 137-503 except in compliance with this chapter and without first obtaining a tree removal permit from the Commissioner 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 Commissioner or the Building Inspector and shall include, but
not be limited to, the following:
(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) that contains information sufficient 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, applicants must
mark the trees proposed for removal with tape, ribbon or a large tag
before the site visit by the Commission members.
(4)
The name of the tree company to perform the work under the permit.
(5)
Written consent of the owner or owners of the real property
if the applicant is not the owner.
(6)
Any additional information that the Commission may deem necessary
for evaluation of the application by the Commission.
C.
The application shall be filed with the Building Department; and
upon receipt of an application to remove a tree, the Building Department
shall refer the application to the Commissioner for review in accordance
with this chapter.
D.
Criteria for Commissioner determination. The decision of the Commissioner
will be based on the following criteria:
(1)
The condition of the tree or trees the applicant seeks to remove
with respect to disease and 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.
E.
Tree removal permit. If the Commissioner determines, in writing, that a tree removal permit should be issued, within 10 business days after receiving such written notification from the Commissioner, the Building Inspector shall issue such tree removal permit, subject to any conditions recommended by the Commissioner, including provision for replanting as provided in § 137-702 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.
F.
Fees.
(1)
The application fee shall be as prescribed from time to time
by resolution of the Board of Trustees and may not be waived except
on application to, and grant by, the Board of Trustees. Such resolution
may include an automatic fee waiver for any tree confirmed by the
Commission to be dead.
(2)
The Commissioner, in making a determination concerning the removal
of any trees on real property in the Village, may, upon notice to
the applicant, obtain the services of a professional certified arborist
or landscape architect regarding the advisability of removal or the
viability of the existing tree. The cost of this professional evaluation
shall be borne by the Village.
A.
For each tree removed pursuant to a tree removal permit as provided in § 137-701, 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 in this chapter.
B.
Except where otherwise authorized by the Commissioner, any tree replanted
pursuant to this section shall be subject to the following requirements:
(1)
Be of a size and species as approved by the Commissioner;
(2)
Be planted in a location approved by the Commissioner;
(3)
Be balled 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
trees;
(4)
Be planted using the best current, commercial practices for
successful tree planting;
(5)
Be consistent with the preferred species list; and
(6)
Any other reasonable requirements of the Commissioner.
C.
Upon the planting of the tree or trees the applicant shall request
that the Tree Commissioner certify that the tree or trees have been
planted. 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.
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.
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 any tree subject to the provisions of § 137-503 or Article VII herein, but the replacement provisions set forth in § 137-702 shall still apply. 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 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.
Any tree growing on private property which, in the opinion of the Superintendent, 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 Inspector. If the property owner fails to comply with the written directive of the Building Inspector within the time specified by the Building Inspector, the Village may then take the action directed by the Superintendent 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 Inspector 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 § 137-702 of this article.
