[HISTORY: Adopted by the Board of Trustees
of the Village of Roslyn Harbor 9-25-2018 by L.L. No. 7-2018.[1] Amendments noted where applicable.]
A.
A safe, wholesome, attractive environment is declared to be of importance
to the health, safety and welfare of the inhabitants of the Village
of Roslyn Harbor, and, in addition, such an environment is deemed
essential to the maintenance and continued development of the ecology
and well-being of the Village and the general welfare of its citizens.
It is further declared that the existence of diseased, decayed and
dangerous trees on or about the streets and other public places in
the Village and/or in close proximity thereof, so that safe usage
of such streets and other public places is jeopardized, constitutes
a hazard to health, safety and welfare of citizens of the Village
and so endangers the public usage that the regulation, restraint and
elimination of such dangerous trees are necessitated.
B.
Nothing in this article is intended to pertain to trees which are
on private property and may cause a danger to other private property.
As used in this article, the following terms shall have the
meanings indicated:
Any tree, or part thereof, or any other growth on or about
land in the Village owned by any individual or entity that is either
dead, diseased, decayed, damaged, or, due to other causes, in such
a state that there exists a clear and present danger of said tree
or any part thereof falling so that the free, safe and lawful usage
of the land by the public would be impaired or endangered and/or cause
a dangerous condition to public land or public right-of-way.
Any landowner in the Village, whether private or otherwise,
who shall own and/or lease land on which is located a dangerous trees.
It shall be unlawful, after due notification, for any landowner
in the Village to allow the existence of a dangerous tree on his land
where said tree is, or may become, a hazard to the public or to any
public property as described hereafter.
A.
The Village Board shall provide for the enforcement of this article
by resolution. It may regularly require the Village Official to inform
landowners with dangerous trees which may constitute a hazard to the
public or to public property.
B.
Every landowner shall be required to remove, cable, trim, or appropriately
secure any dangerous tree on his property.
(1)
Opportunity for trimming or removal or other appropriate securing
shall be afforded a landowner by granting of at least 30 days'
written notice by the Village Official, at the direction of the Village
Board, or such greater or lesser time as the Village Board shall elect.
(2)
Unless such landowner files a written request for a hearing before
the Village Board within the time directed to perform said work, the
landowner shall take such corrective action within the time allotted.
If a hearing is properly requested, the Village Board shall grant
such hearing and determine whether the Village Official's notice
should be enforced, modified or rescinded. Alternatively, the Village
Board may, by resolution, delegate and/or appoint an individual or
individuals to conduct the hearing to render a decision thereon, which
decision shall have the same effect as a decision of the Village Board.
(3)
Failure to trim, cable, remove or appropriately secure a dangerous
tree within the time specified to ensure a safe condition shall be
a violation of this article.
In finding a tree to be dangerous, the Village Official may
request confirmation by a qualified tree surgeon or arborist.
A.
Upon the failure of a landowner to trim, cable, remove or otherwise
secure a dangerous tree, the Board of Trustees may cause such tree
to be trimmed, cabled, removed or secured and assess the expense thereof
upon the real property involved, and such charge shall constitute
a lien and charge upon the real property upon which it is levied until
paid or otherwise satisfied or discharged and shall be collected by
the Village Clerk. Such charge shall include, among other things,
administrative, legal and actual expenses incurred by the Village
and shall be collected in the manner provided by law for the collection
of delinquent taxes.
Violators of any of the portions of this article shall be guilty of any offense punishable as provided in Chapter 1, Article I, of this Code for each and every week following the expiration of the time allotted by the Board of Trustees, or the time as extended by the Board, for the removal of the hazardous condition.
A.
The Board of Trustees of the Incorporated Village of Roslyn Harbor
hereby finds that there is a direct relationship between the preservation
of and the planting of trees, shrubs and associated vegetation in
sufficient number in the Village and the health, safety and welfare
of Village residents. Trees, shrubs and associated vegetation are
related to the natural scenic and aesthetic values and the physical
and visual qualities of the environment which the Village is obligated
to protect. Trees, shrubs and associated vegetation reduce noise,
provide welcome shade, preserve the balance of oxygen in the air by
removing carbon dioxide and fostering air quality, and help retain
and/or create a bucolic and rural atmosphere in the Village. Trees,
shrubs and associated vegetation also offer a natural barrier to noise,
provide a natural habitat for the wildlife in the Village, stabilize
the soil and control water pollution by preventing soil erosion and
flooding and yield advantageous climatic effects.
B.
The unnecessary and indiscriminate removal of trees causes deprivation
of these benefits and disrupts fundamental ecological systems in which
they are integrally involved, causes increased Village costs for proper
drainage control, impairs the benefits of occupancy of existing residential
properties and the stability and value both of improved and unimproved
real property in the area of the removal and adversely affects the
health, safety and general welfare of the residents of the Village.
For the purpose of this article, the following terms, phrases
and words shall have the indicated meanings:
Any person desiring to make a substantial alteration to a
tree, including an owner of real property located within the Incorporated
Village of Roslyn Harbor, a contract vendee or lessee of such real
property or any duly authorized agent of such an owner, vendee or
lessee.
The natural growing characteristic of any tree, including
branch spread and distribution, branch height above ground and root
spread and distribution.
Any individual, firm, partnership, association, corporation,
company, public agency, public utility or organization of any kind,
or agent thereof.
A building on the property used and occupied as a residence
for which a certificate of occupancy has been obtained or is proposed
to be obtained.
A tree designated by resolution of the Board of Trustees
as being one that the Tree Committee should endeavor to preserve,
due to it species, rarity or size.
Two or more contiguous or adjacent plots which are proposed
to be improved; any parcel requiring Planning Board review.
Any cutting, pruning, elevating or other alteration of the
growth characteristic of a tree which impairs or endangers the life
of such tree, including but not limited to heavy or unnecessary cutting
of top branches (topping), cutting of major lower limbs (severe elevating),
excessive compacting or covering of the tree root system, or drastic
pruning, but shall not include customarily accepted horticultural
procedures.
Any living, woody plant having a trunk 18 inches in circumference
at a point four feet above original ground level.
A committee of at least three members, to be appointed by
the Board of Trustees, which shall function and act in accordance
with the rules and regulations adopted by resolution of the Board
of Trustees.
The Village Engineer, Village Clerk, Building Inspector,
Village Superintendent of Public Works, Code Enforcement Officer or
such other person designated by resolution of the Board of Trustees
.
A.
It shall be unlawful for any person, without a permit, to substantially
alter, prune, cut, girdle, remove or destroy any tree on any real
property located within the Incorporated Village of Roslyn Harbor.
B.
This article shall not apply to an emergency situation in which the
removal, destruction or substantial alteration of any tree is necessary
to prevent imminent danger to human life or property. If such an action
is necessary, the Village Clerk shall be notified and thereafter provided
written notice within 10 days of the action taken, the reason and
supporting evidence and documentation to substantiate said action.
C.
Nothing in this section shall be construed to prohibit the alteration
of growth characteristic of any tree, provided it is not a substantial
alteration and that it is being done in accordance with customarily
accepted horticultural procedures.
D.
This article shall not apply to any tree on private recreational
club grounds that is located more than 200 feet from the club's
property line.
B.
The application shall be made on such form as may be reasonably prescribed
by the Board of Trustees, which shall include but not be limited to
the following:
(1)
Name and address of applicant.
(2)
Name, address and qualifications of the person or entity who or which
will remove, destroy or substantially alter the tree or trees.
(3)
A statement of the reason for the proposed removal or alteration
.
(4)
If the application is for a new subdivision, a survey of the real
property showing the location of all buildings and structures.
(5)
A scaled sketch or plan of the area showing:
(a)
An outline of existing heavily wooded areas on the real property.
(b)
The location, size, and general type of trees to be removed.
(c)
The location of any existing improvements on the real property,
including but not limited to buildings, structures, dry wells, driveways,
sidewalks, etc.
(d)
Any additional information which may be deemed reasonably necessary
by the Tree Committee for evaluation of the application.
(6)
Where tree removal is occasioned by a development or land use for
which an application for subdivision approval, site plan approval
and/or a building permit is required, a copy of the preliminary subdivision
plan or site plan shall be submitted to the Tree Committee and approved
pursuant to this article after preliminary approval is granted by
the Planning Board and prior to the issuance of a building permit.
(7)
A New York State certified arborist shall sign the application certifying
the condition of the trees to be removed and confirming the grounds
for removal.
C.
Procedures.
(1)
Trees to be removed must be tagged in the field and listed on a site
plan.
(2)
After issuance of a permit, the applicant shall notify the Village
Clerk prior to commencing work.
(3)
If replacement trees are required to be planted, they shall be shown
on the site plan and listed as to species and size.
(4)
Replacement trees are to be planted within 12 months of the issuance
of the permit and verified by the Building Inspector or Tree Committee.
D.
The decision of the Tree Committee, when deciding whether or not
to grant a permit pursuant to this article, shall consider the following
criteria:
(1)
The condition of the trees with respect to disease, insect infestation,
danger of falling, proximity to existing or proposed structures, and
interference with utility services.
(2)
The grounds and necessity of the removal or alteration of the trees
in question .
(3)
The effect of the removal or alteration of the tree or trees upon
the ecological systems, including but not limited to drainage and
soil conditions.
(4)
The impact of the removal or alteration upon existing screening with
respect to adjoining property owners or of any road or highway bordering
the property.
(5)
The species of the tree and whether it is a specimen tree.
(6)
If a tree is within 15 feet of the foundation of a residence, it
may be removed without further review, but may require replacement.
The application fee shall be as provided in Chapter 125, Fees and Deposits. The Tree Committee, may in its discretion, retain the service of an arborist to review the application and conditions of the trees to be removed and thereafter consult with the Tree Committee on reviewing the application. The fee for the arborists services shall be paid by the applicant in addition to the application fee.
A.
Private property. See Article I, Dangerous Trees, of this chapter. The provisions of this article are incorporated by reference.
B.
Public property. Nothing herein shall limit the authority of the
Village to remove or alter any tree, shrub, or other vegetative growth
it deems necessary to protect the health, safety and welfare of the
Village residents.
A.
The applicant may be required by the Tree Committee, in its discretion
and as a condition to the issuance of a permit for tree removal of
a live or viable tree or trees, to plant replacement trees. No replacement
tree shall be required for removal of a dead tree or a tree that is
in critical decline. The Tree Committee shall designate the number
and size of replacement trees to be planted, which must have a minimum
diameter of four inches per tree. In the discretion of the Tree Committee,
in lieu of planting replacement trees, the Tree Committee may permit
an applicant to make a donation to the Village's beautification
fund. This donation shall be in an amount determined by the Board
of Trustees taking into account the size and number of trees to be
removed, which amount shall not be less than $500 per tree. For replacement
trees, the applicant may select the species to be planted from the
approved Village list. The location for planting of the replacement
trees shall be agreed upon between the Tree Committee and the applicant
prior to the issuance of a permit for removal. Replacement trees must
be planted within 12 months of the issuance of the permit and be warranted
by the applicant to survive for one year after the Building Inspector
or Tree Committee has certified that the replanting was completed
with the required plant materials in the designated area, all in a
workmanlike manner.
B.
To ensure that replanting will be timely and properly completed,
the applicant will be required to post with the Village a deposit
according to the fee schedule, or such other amount as the Board of
Trustees shall establish by resolution. If the replacement trees are
certified by the Building Inspector as being properly and timely planted
and survived for 12 months, the deposit will be refunded to the applicant.
If not completed and certified within the twelve-month period, the
deposit will be deemed abandoned and will become the Village's
fund to be used for the beautification of the Village, as the Trustees
so determine.
Any person aggrieved by any determination of the Tree Committee
in exercise of the authority granted by this article shall have the
right to appeal, stating, in writing, the reasons for the appeal,
to the Board of Trustees. The determination of the Board of Trustees
on said appeal shall be final and conclusive.
The following regulations shall be complied with during construction
following the granting of a tree removal permit:
A.
Restriction of vehicles to construction areas. There shall be no
excavation on the site before the Building Inspector has approved
the location of the stakeout of the driveway, parking areas, building
sites, and other areas shown on the site plan. Construction equipment
shall be limited to the actual area to be graded according to the
approved plans. No vehicles of any kind shall pass over areas to be
left in their natural state according to the approved plans. No material
or temporary soil deposits shall be placed within six feet of any
existing tree which is to remain. No heavy equipment shall be operated
in such a manner as to break, tear, bruise, decorticate or otherwise
injure any living or dormant tree or its root structure.
B.
Protective barriers. During construction, the property owner shall
provide and maintain appropriate barriers around existing trees not
scheduled for removal.
C.
Responsibility of property owner. The property owner shall be fully
responsible for any damage caused to existing trees and shall also
be responsible for replacing any such damaged trees as well as any
trees which are removed in violation of this article. He shall bear
the responsibility for both his own contractors, employees and any
subcontractors.
Any owner of real property who has substantially altered a tree
without a permit, or has allowed or permitted a tree to be substantially
altered on his/her property without a permit, shall be required to
deposit in to the Village's beautification fund $1,500 per tree
for each tree with a circumference less than 30 inches and $2,500
for each tree with a circumference greater than 30 inches. For this
section, circumference shall be measured at the base of the tree stump
at ground level. After the owner is given written notice by the Village
of payment due under this section, all pending building permits shall
be suspended, and no building permit or certificate of occupancy shall
be issued until payment is made in full. If payment is not received
within 90 days, it shall be added to the next Village tax bill.
In addition to the required payment imposed by § 251-17, any person who shall violate any of the provisions of this article, or shall permit or allow a violation to occur, shall further be deemed guilty of a violation and, upon conviction thereof, be subject to fines and penalties imposed by the Village Court. In addition, this article may be enforced by civil action, including an injunction.
