As used in this chapter, the following terms shall have the
meanings indicated:
APPLICANT
The owner, lessee, occupant or person in possession of any
premises in the Village, or any agent thereof, including contractors.
ARCHITECTURAL REVIEW BOARD
The appointed committee which has specific jurisdiction and
responsibilities set forth in the Code of the Incorporated Village
of East Hills. The Architectural Review Board ("ARB") may also be
composed of subcommittees as from time to time may be appointed by
the Mayor and approved by the Board of Trustees.
CALIPER
The diameter of a tree measured at a point four feet above
the base of the trunk.
DESTRUCTION or REMOVAL
Includes girdling, trenching near the roots, application
of herbicides or any other practice or action which may reasonably
be expected, either immediately or within the course of time, to result
in the death of a tree, but does not include regular maintenance,
such as pruning or pollarding of a tree.
PERSON
Includes the owner, lessee, occupant or person in possession
of any premises in the Village, or any agent thereof.
SUBSTANTIAL ALTERATION
Any cutting, pruning, elevating or other alteration of the
habitat of a tree which impairs or endangers the life of such tree
or destroys its natural symmetry. Substantial alteration includes,
but is not limited to, destruction or removal of a tree, heavy or
unnecessary cutting of top branches (topping), cutting of major lower
limbs (severe elevating), or drastic pruning, but shall not include
customarily accepted or ornamental pruning as defined by National
Arborist Association's standards for pruning of shade trees.
TREE
Any living upright woody plant, together with its root system,
which has at least one trunk of five inches or greater in diameter
(or 18 inches in circumference) at a height of four feet above the
base of the trunk.
TREE PERMIT
A written authorization by the Incorporated Village of East
Hills or its authorized committee or agent to remove a tree or trees
pursuant to this chapter of the Code of the Incorporated Village of
East Hills.
TREE SUBCOMMITTEE CHAIR
Such person as is authorized by the ARB to head up the initial
review and analysis by the Tree Subcommittee of proposals which are
submitted for review by the ARB.
TREE WARDEN
A person designated by the Mayor and authorized by the ARB
to perform on-site inspections for the purpose of issuing of tree
permits under guidelines, restrictions and prohibitions contained
in this chapter and required by the ARB.
VILLAGE
The Incorporated Village of East Hills.
[Amended 12-17-2014 by L.L. No. 4-2014]
A. Whenever
a tree is removed, a replacement tree shall be planted by the applicant
by the planting of a tree with a caliper of not less than three inches,
and of a type as determined by the Tree Warden or by the ARB, as the
case may be. In selecting replacements by the Tree Warden or the ARB,
priority shall be given, when conditions permit, to species of shade
trees that are native to the area.
B. The Tree
Warden or the ARB shall have the right to waive all requirements where
it is determined that site conditions are not appropriate for the
replacement of removed trees.
C. The Tree
Warden or the ARB shall have the right to require, in lieu of replacement
and replanting of a tree(s), the payment of a fee, as set forth from
time to time by resolution of the Board of Trustees, but not less
than $300. These funds will be paid into the East Hills Green Fund
account, with the moneys used to purchase trees, shrubs, bushes, vegetation,
flowers, plants and other fauna, and other greenery of any kind as
the Board of Trustees directs, and their planting in the community.
The Board of Trustees will administer the funds as it, in its sole
and complete discretion, determines is in the best interests of the
community.
Upon the failure, neglect or refusal of an owner, lessee or occupant of a lot or land to whom notice is served to comply with the provisions of §
186-8 of this chapter within the time allotted after delivery of such service or mailing of such notice, the Tree Subcommittee Chair or other duly appointed officer or employee of the Village shall cause such trees, limbs or organisms to be removed or destroyed by cutting, spraying, killing or by other effectual method, and the actual cost or additional cost in connection therewith shall be certified by the Tree Subcommittee Chair or other duly appointed officer or employee of the Village to the Village Clerk and shall, as soon as the work is completed, become a lien upon the property on which such infestation was located, and shall be added to and become and form a part of the taxes from the date of such certification to the Village Clerk next to be assessed and levied upon such lot or land, and shall bear interest at the same rate as taxes, and shall be collected and enforced in the same manner as taxes.
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 but replacement may be deemed
necessary by the ARB. The burden of proof shall be on the resident
to prove that an emergency existed, that appropriate, measured and
necessary action was taken, and that professional and expert services
were utilized. Failure to prove an emergency existed and that fair
and necessary action was taken will result in the full imposition
of fines and penalties, together with any other action required in
the Code of the Incorporated Village of East Hills.
[Amended 11-18-2012 by L.L. No. 5-2012]
A. A nonrefundable
filing fee of $25 shall accompany each tree removal application filed
with the Village. Additionally, a permit fee of $100 per tree shall
be due when and if a tree removal permit is issued. Fees will not
be charged for trees which are demonstrably dead or dangerous.
B. In addition,
whenever an inspection by a professional arborist is required by the
Architectural Review Board and a report is necessary, a fee of $100
shall be charged to the applicant. Whenever extensive efforts are
required, additional fees may be charged to the resident applying
for the permit.
The ARB may waive any of the requirements, standards, procedures or mandates contained in this Chapter
186 of the Code of the Incorporated Village of East Hills. The waiver may be based on any action taken or to be taken which is in the interest of justice and fairness, whether for a hardship or otherwise, which the ARB deems fair, appropriate and necessary under the circumstances. An application, in writing, must be sent to the ARB containing the facts, information, circumstances and proof of any extenuating situation or need.
The provisions of this chapter shall not apply to the removal
of trees on public rights-of-way conducted by or on behalf of a federal,
state, county, municipal or other governmental agency in pursuance
of its lawful activities or functions in the construction or improvement
of public rights-of-way.
The Tree Warden or Tree Subcommittee Chair shall have the authority
to make any decision pursuant to this chapter with respect to any
application involving a permit for the removal of trees.