As used in this article, the following terms shall have the
meanings indicated:
DANGEROUS TREE
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.
LANDOWNER
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.
In finding a tree to be dangerous, the Village Official may
request confirmation by a qualified tree surgeon or arborist.
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.
For the purpose of this article, the following terms, phrases
and words shall have the indicated meanings:
APPLICANT
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.
GROWTH CHARACTERISTIC
The natural growing characteristic of any tree, including
branch spread and distribution, branch height above ground and root
spread and distribution.
PERSON
Any individual, firm, partnership, association, corporation,
company, public agency, public utility or organization of any kind,
or agent thereof.
RESIDENCE
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.
SPECIMEN TREE
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.
SUBDIVISION
Two or more contiguous or adjacent plots which are proposed
to be improved; any parcel requiring Planning Board review.
SUBSTANTIAL ALTERATION
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.
TREE
Any living, woody plant having a trunk 18 inches in circumference
at a point four feet above original ground level.
TREE COMMITTEE
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.
VILLAGE OFFICIAL
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
.
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.
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.