[HISTORY: Adopted by the Board of Trustees
of the Village of Great Neck as indicated in article histories. Amendments
noted where applicable.]
[Adopted as Ch. 197, Art. I of the 1976 Code]
[Amended 2-4-2003 by L.L. No. 2-2003]
No person shall injure, deface, damage or destroy
any trees or shrubs planted along the public streets, grass plots
or sidewalks of the Village, or any building, structure, fence or
ornamental thing which is the property of the Village.
[Adopted 5-2-1989 by L.L. No. 2-1989[1] (Ch. 197, Art. II of the 1976 Code)]
[1]
Editor's Note: This local law also repealed
former Art. II, Infestation.
A.
The Board of Trustees of the Incorporated Village
of Great Neck hereby finds that there is a direct relationship between
preservation of and the planting of trees, shrubs and associated vegetation
in sufficient number in the Village of Great Neck and the health,
safety and welfare of Village residents, and that 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 and such vegetation reduce
noise, provide welcome shade to Village residents, preserve the balance
of oxygen in the air by removing carbon dioxide and fostering air
quality and create a bucolic and rural atmosphere in the Village,
especially along the streets. Trees also stabilize the soil and control
water pollution by preventing soil erosion and flooding, yield advantageous
climatic effects and provide a natural habitat for wildlife.
[Amended 2-4-2003 by L.L. No. 2-2003]
B.
The destructive and indiscriminate removal of trees
and related vegetation causes increased Village costs for proper drainage
control, impairs the benefits of occupancy of existing residential
properties and impairs the stability and value of both improved and
unimproved real property in the area of the destruction, and adversely
affects the health, safety and general welfare of the residents of
the Incorporated Village of Great Neck.
For the purposes of this article, the following
terms, phrases and words shall have the following meanings:
The owner, contract vendee or lessee of the real property
or its duly authorized agent.
The Building Inspector of the Village of Great Neck.
The average of the ground level at the base of the tree.
The natural growing characteristics of any tree which includes
branch spread and distribution branch height above ground and root
spread and distribution.
A permit issued pursuant to the provisions of this article.
Any individual, firm, partnership, association, corporation,
company, public agency, public utility or organization of any kind,
or agent thereof.
Includes all unimproved and improved real property within
the Incorporated Village of Great Neck.
Any cutting or drastic pruning or elevating the habitat of
a tree which impairs or endangers the life of such tree or destroys
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 Village of Great Neck.
A.
It shall be unlawful for any person without a permit
to remove, destroy or substantially alter the habitat of any tree
of six inches or more in diameter at a point four feet six inches
above ground level on any real property located within the Village.
B.
It shall be unlawful for any person who owns real
property in the Village to suffer, permit or allow the removal destruction
or substantial alteration of the habitat of any tree on said real
property, which is six inches or more in diameter at a point four
feet six inches above the ground level, unless a permit for such work
has been issued.
C.
This article shall not apply in any emergency situation
in which the removal, destruction or substantial alteration of the
habitat of any tree is necessary to prevent imminent danger to human
life or to property.
A.
Application for a permit shall be made to the Building
Inspector, in whom authority for the administration and enforcement
of the provisions of this article is vested. In the absence or inability
of the Building Inspector to perform his duties hereunder, an Assistant
Building Inspector or other person designated by resolution of the
Board of Trustees shall perform the same.
B.
The application shall be made on such forms as may
be prescribed by the Building Inspector and shall include, but not
be limited to, the following:
C.
The decision of the Building Inspector shall be based
upon the following criteria:
(1)
The condition of the tree or trees the applicant seeks
to remove with respect to disease and danger of falling, proximity
to existing or proposed structures and interference with utility services.
(2)
The necessity of the removal or alteration of the
tree or trees in question.
(3)
The effect of the removal or alteration thereof on
ecological systems.
(4)
The character established at the proposed site of
removal or alteration with respect to existing vegetation management
practices.
(5)
The impact of any removal or alteration upon existing
screening of any public street bordering the property.
[Amended 2-4-2003 by L.L. No. 2-2003]
D.
A permit issued hereunder shall automatically expire
three months after the date on which the permit was issued.
[Amended 12-16-2003 by L.L. No. 17-2003]
The application fee herein shall be as prescribed
from time to time by the Board of Trustees.
A.
Private property. Any tree growing on real property,
which is endangering or, in the opinion of the Building Inspector,
constitutes a danger to a public street or public places or the members
of the public using the same, or which in any way endangers the usefulness
of a public sewer or public utility, or which by reason of infestation
or blight endangers other trees in the Village, shall be removed or
the habitat thereof altered by the owner of the real property as directed
by the Building Inspector. In the event that the property owner fails
to comply with the directive of the Building Inspector within the
time specified by him, the Village may then take the action directed
by the Building Inspector and assess the cost thereof against the
property owner. The directive from the Building Inspector shall be
in writing, shall clearly state the source of the danger, the action
to be taken, the date by which such action must be taken and shall
be served on the owner of the real property personally or by certified
or registered mail, return receipt requested, addressed to said owner
at the last address for said owner on the tax records of the Village.
If served by mail, the notice shall be deemed received three days
after the notice is deposited in a depository maintained by the United
States Postal Service.
B.
Public property. Nothing herein shall limit the authority
of the Superintendent of Public Works of the Village or his designee
to remove or alter the habitat of any tree on public property which
he deems necessary to protect the health, safety and welfare of the
Village residents.
C.
Each such notice shall inform the owner that, if such notice was
personally delivered, within 10 days from such personal delivery,
or if such notice was only mailed and not personally delivered, within
13 days of the mailing of such notice, the owner may appeal to the
Board of Trustees that the determination was in error and that such
tree does not constitute a danger and/or that the action required
by the Building Inspector is more than necessary and/or reasonably
required to address any such danger. In the event that in the opinion
of the Building Inspector a shorter period for such appeal is required
in order to protect the health and safety of the persons and property
within the Village, the periods set forth above may be reduced to
the extent reasonable or necessary as determined by the Building Inspector.
[Added 3-19-2013 by L.L. No. 4-2013]
[Amended 6-26-1990 by L.L. No. 6-1990]
A.
As a condition to the issuance of a permit under this
section, the Building Inspector may require the replacement in kind
of one or more of the trees to be cut down, removed or destroyed when
the individual character of the tree or trees or the ecological setting
requires special consideration. The location and time for planting
of the replacement tree or trees shall be specified by the Building
Inspector in the permit for removal. The applicant and the owner of
the real property affected shall each be responsible for planting
replacement trees as specified in the permit. Failure to comply with
planting required by the Building Inspector shall constitute a violation
of this section.
B.
In order to guarantee any tree replacement required pursuant to Subsection A of this section, the Building Inspector, as a further condition to the issuance of a permit, shall require the applicant to deposit with the Village of Great Neck a sum of money, surety bond or letter of credit equal to the total estimated cost of such replacement in accordance with a schedule of costs adopted by the Board of Trustees of the Village of Great Neck. The bond or letter of credit shall be in such form and issued by such sureties or banking institution as meet the requirements established by said Board of Trustees. If the applicant shall fail to replace a tree or trees in accordance with the directive of the Building Inspector, the Village may enter upon the property involved to make such replacement and may use any security deposited by applicant to defray the cost thereof.
C.
Any person who cuts down, removes or destroys a tree
or substantially alters the habitat of a tree and any owner or occupant
of real property who causes, suffers or permits a tree on said property
to be cut down, removed or destroyed, without first receiving a permit
to do so, shall immediately replace same in kind.
[Amended 10-16-2007 by L.L. No. 12-2007]
A.
Any person aggrieved by any act or determination of
the Building Inspector in the exercise of the authority herein granted,
in addition to such person’s statutory right to appeal to the
Board of Appeals, shall have the right to seek a waiver or other relief
from the provisions of this chapter from the Board of Trustees.
B.
All appeals and applications for waivers or other
relief shall be in writing, stating the decision appealed from and
the reasons for the appeal.
[Amended 10-5-2004 by L.L. No. 16-2004]
Any person who shall violate any of the provisions
of this article shall be deemed guilty of a violation and, upon conviction
thereof, shall be subject to a fine of not more than $5,000 for each
tree illegally removed, destroyed or substantially altered; a fine
of not more than $5,000 for each replacement tree not planted; and
a fine of not more than $5,000 for any other such violation. Each
such violation shall constitute a separate offense and shall be punishable
as such hereunder.
[Added 10-5-2004 by L.L. No. 16-2004]
A.
In the event that any property owner or any other
person performing work with the consent, expressed or implied, of
the property owner shall violate any provision or condition of any
permit or other approval of an application from any department, board,
or committee of the Village by removing, destroying, or substantially
altering the habit of a tree, or by suffering, permitting, or allowing
the removal, destruction, or substantial alteration of the habit of
a tree on such property, such permit or other approval shall be suspended.
Such suspension shall continue and no further action shall be taken
pursuant to such approval, until such person shall apply to the departments,
boards, and/or committees which granted such permits or approvals
for modifications thereof based upon the removal, destruction, or
substantial alteration of the habit of such tree or trees. Upon such
application, such departments, boards, and/or committees may modify
such permits or approvals by implementing such conditions, including,
but not limited to, the requirement that one or more new trees of
the same height and/or caliper of the illegally removed tree or trees
be planted and maintained for a specific period of time, not to exceed
five years, or such other condition or conditions as such departments,
boards, and/or committees might deem appropriate. Such conditions
may also include a prohibition of any further work on such property
until the replacement tree or trees have been planted and that a declaration
of covenants and restrictions be recorded by the owner of the property,
running with the land, to assure that such conditions with regard
to such replacement trees shall be enforceable against all future
owners.
B.
Notwithstanding anything to the contrary in this section,
the Building Inspector shall have the authority to authorize and/or
direct that the property owner and/or any other person performing
work with the consent, express or implied, of the property owner take
such actions as in the sole discretion of the Building Inspector are
reasonable and/or necessary to maintain the property in a safe condition
and to assure that all relevant stormwater, sediment and erosion control,
and tree protection measures are implemented and maintained, and that
such other actions, as the Building Inspector may determine to be
in the best interests of the Village are implemented and maintained
until such application has been made, a decision thereon has been
rendered by such departments, boards, and/or committees, and the additional
conditions, if any, of such departments, boards, and/or committees,
has been implemented.
