For purposes of this chapter, the following terms, phrases and
words shall have the following meanings:
APPLICANT
The owner, contract vendee or lessee of real property or
his duly authorized agent.
CLEARING OF NATURAL VEGETATION
The substantial cutting, clearing and/or removal of more
than 750 square feet of contiguous natural vegetation occurring on
a property.
HABITAT
The natural growing characteristics of any tree or specimen
tree, which includes branch spread and distribution, branch height
above ground and root spread and distribution.
MATURE TREE
A woody perennial plant having a single, usually elongated
main stem, generally with few or no branches on its lower part, and
having a sufficient size depending on the following three categories
of trees: canopy, understory or evergreen.
A.
Canopy trees (e.g., Acer rubrum, Fagus grandifolia, Tilia, Liriodendron,
Quercus) having a trunk circumference of 20 inches or greater, measured
at a point four feet six inches above ground level, except in the
case where a tree has been removed without benefit of a permit, in
which case the trunk circumference shall be measured at the highest
point remaining at or above ground level.
B.
Understory trees (e.g., Cornus florida, Cercis, Carpinus, Nyssa)
having a trunk circumference of 10 inches or greater, measured at
a point four feet six inches above ground level, except in the case
where a tree has been removed without benefit of a permit, in which
case the trunk circumference shall be measured at the highest point
remaining at or above ground level.
C.
Evergreen trees (e.g., Juniperus virginiana, Ilex opaca, Pinus
strobus) having a height of 10 feet or greater.
NATURAL VEGETATION
Plant species found on a property exclusive of any vegetation
associated with active agricultural or horticultural activity, home
gardens, or formalized landscape or turf areas.
PERSON
Any resident of Head of the Harbor or any individual firm,
partnership, association, corporation, company, public agency, public
utility or organization of any kind or agent thereof.
REAL PROPERTY
All unimproved and improved real property within the Incorporated
Village of Head of the Harbor.
SUBSTANTIAL ALTERATION
Any cutting or drastic pruning or elevating the habitat of
a mature tree which impairs, destroys or endangers the life of such
tree or specimen tree or its natural symmetry, and shall include but
not be limited to heavy or unnecessary cutting of top branches and
cutting of major lower limbs.
The fee for any permit required under this chapter shall be
established, and amended from time to time, by resolution of the Board
of Trustees.
As a condition to the issuance of a permit for the removal,
substantial alteration or clearing of natural vegetation, the Building
Department may require the planting of the same or an agreed-upon
alternative species of trees which are as nearly comparable in type
and size as practical to the trees and vegetation to be removed when
warranted by the individual character of the trees or vegetation or
the ecological setting.
Any person who shall violate any of the provisions of this chapter
shall be deemed guilty of a violation and, upon conviction thereof,
shall be subject to a fine of not less than $500 and not more than
$2,000 for each mature tree unlawfully removed or substantially altered
without a permit and a fine of not more than $1,000 for any other
violation under this chapter. Each such violation shall constitute
a separate offense and shall be punishable as such hereunder. When
pursuing a fine for a violation of this chapter, the Village may take
into consideration whether replacement trees or vegetation have been
planted.
The Building Inspector and any member of the Village Police
Department are hereby vested with authority to enforce the provisions
of this chapter, and any enforcement shall include a rebuttable presumption
that the person(s) responsible for any violation under this chapter
includes but is not limited to the record owner(s) and/or actual occupant(s)
of the property as well as any person actually engaged in the unauthorized
removal of trees or clearing of natural vegetation.
Nothing herein shall abridge or alter any rights or remedies
now or hereinafter existing, nor shall this chapter nor any provisions
thereof nor any rule or regulation promulgated thereunder be construed
as stopping the Village of Head of the Harbor from exercising its
rights and fulfilling its obligations to protect the public health
and welfare. In addition to all other remedies available to the Village,
this chapter shall be enforceable by injunction in an action brought
in a court of competent jurisdiction.
The Board of Trustees of the Village of Head of the Harbor hereby
establishes the Tree Committee of the Village of Head of the Harbor
to assist the Village in implementing a responsible program for planting,
maintenance, husbandry and removal of trees on properties in the Village
to maximize the benefits afforded by trees within the Village.
A. Purpose. The Tree Committee shall serve as an advisory committee
to the Village of Head of the Harbor's Board of Trustees and
Building Department.
B. Membership. The Tree Committee shall be comprised of no more than
seven members who shall be residents of the Village of Head of the
Harbor and who shall be appointed annually by, and serve at the pleasure
of, the Board of Trustees.
C. Compensation. Members of the Tree Committee shall serve in a voluntary
capacity without compensation.
D. Chairperson and Secretary. The Board of Trustees shall designate
a Chairperson of the Tree Committee and the Committee shall select
a Secretary from among the members.
E. Rules and procedures. The Tree Committee shall adopt rules and procedures
for its meetings.
F. Meetings. The Tree Committee will meet at such times as it deems
appropriate to accomplish its purposes.
The Tree Committee shall have the following duties and responsibilities:
A. Develop and/or update annually a written plan, presented to the Board
of Trustees, for the care, preservation, pruning, planting, replanting,
removal or disposition of trees.
B. Make recommendations to the Board of Trustees regarding:
(1) The preservation and replenishing of trees and woods so as to minimize
undesirable environmental impacts and further beautify the Village
in furtherance of the health, safety and welfare of present and future
Village residents;
(2) Proposed tree planting projects to be performed by the Village throughout
its various rights-of-way and Village-owned properties;
(3) Action to be undertaken by the Village to maintain its Tree City
USA certification.
C. Provide education and public awareness about tree preservation, tree
risk assessment, appropriate tree choices for given site conditions
and other aspects of tree stewardship.
D. Assist the Board of Trustees in applying for grants related to tree
inventory management, community educational outreach, and other related
activities.
E. Coordinate Arbor Day activities and other public forestry programs
benefiting the community.
F. Upon request by the Board of Trustees, provide advice and recommendations
on tree-related matters.
G. Develop, maintain and file with the Village a list of species of
trees suitable for planting in the Village of Head of the Harbor.
H. Upon request by the Building Inspector, provide advice and recommendations
with regard to applications for permits to remove or substantially
alter any mature tree or clear brush or woody vegetation from real
property, and the quantity, size, species and location of any replacement
trees and vegetation that may be required as mitigation.