Village of Hewlett Neck, NY Article VIII Land Development

§ 137-801 Land development procedures.

A. Board of Appeals or Board of Trustees review.

(1) Simultaneously with the submission of an application to the Board of Appeals for one or more variances or other approval or to the Board of Trustees for approval of any site plan or subdivision plan, an applicant shall submit four sets of the plan and a landscape plan showing all Class B and Class C trees on the real property and any public or private right-of-way adjoining the real property and indicating thereon:

(a) Existing Class B and Class C trees, identifying the size and species.

(b) Identification of such trees proposed to be removed or retained.

(c) All such diseased, dead or damaged trees.

(d) The size, species and planting method of all proposed plans for replanting, replacement or remediation.

(e) Any proposed grade changes.

(2) The removal of any tree that otherwise would be subject to the notice or permit requirements set forth in Article VI or VII of this chapter may be permitted in accordance with site plan or subdivision approval and will not also require notice pursuant to Article VI or a tree removal permit approval pursuant to Article VII.

B. Street trees. If the site plan or subdivision plan does not propose, or depict existing, sidewalks or curbs, the applicant may plant shade trees in the unpaved area of the right-of-way, in locations to be determined by the Building Inspector.

C. Restoration fees. For Class C and four or more Class B trees to be removed due to new construction that are not subject to Article VII herein, a fee, as determined from time to time by resolution of the Board of Trustees, shall be paid by the applicant and deposited into the Village Tree Releaf Fund.

D. Inspection. After: (a) the granting of site plan approval and prior to issuance of a certificate of occupancy by the Building Department; or (b) the granting of subdivision approval and execution of a subdivision map by the Mayor, the Building Inspector shall inspect the real property to determine whether all trees proposed to be preserved shall in fact remain in existence. If the Building Inspector determines that any tree that was to be preserved has been removed, damaged, destroyed, or substantially altered, the applicant shall be required to replace the tree or trees with trees of equal kind to the satisfaction of the Board of Trustees. The Board of Trustees may make such determination at any meeting of the Board without the requirement that a public hearing be held for such purpose.

§ 137-802 Applicant's responsibility.

A. Where the Board of Appeals has granted variances or other approvals or the Board of Trustees has granted final approval to a subdivision or site plan, that contains as a condition of such approval the preservation, planting and/or replacement of trees, the applicant shall be responsible for the preservation of the trees so designated in the applicant's plans and the planting or replacement of trees pursuant to this chapter.

B. Where an applicant cannot timely plant trees in accordance with this chapter, due to the season, weather conditions or other circumstances that make it impossible to perform such planting, the applicant may deposit in escrow with the Village Clerk an amount to be determined by the Board of Trustees to cover the cost of purchasing and planting the trees.

§ 137-803 Tree specifications.

A. Trees to be planted as required by a subdivision or site plan approval shall 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 planted using the best current, commercial practices for successful tree planting.

B. All debris associated with the planting shall be removed from the property. The property must be left in a neat and orderly condition in accordance with good and accepted planting practice.

C. At least three days prior to the start of planting, notice of the date of such planting shall be given to the Building Inspector.

D. All planting work shall be subject to the general supervision and approval of the Board of Trustees and Building Inspector.

E. Any other requirements of the Building Inspector shall be met.