[HISTORY: Adopted by the Board of Trustees of the Village of North
Hills 2-14-1979 by L.L. No. 1-1979 (Ch.
164 of the 1982 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Site development regulations — See Ch. 179.
The Board of Trustees finds that it has been established that trees
stabilize the soil and control water pollution by preventing soil erosion
and flooding, absorb air pollution, provide oxygen, yield advantageous microclimatic
effects, have an intrinsic aesthetic quality, offer a natural barrier to noise
and provide a natural habitat for the wildlife in the area of the Village,
and that the removal of trees causes deprivation of these benefits and disrupts
fundamental ecological systems in which they are integrally involved. It is,
therefore, the purpose of this chapter to prevent the loss of trees or shrubs
within the boundaries of the Village of North Hills by controlling their indiscriminate
or unnecessary destruction.
As used in this chapter, the following terms or phrases have the indicated
meanings, unless the context clearly indicates otherwise:
The owner of real property or the duly authorized agent of such an
owner.
The diameter at a height of four feet six inches above the base of
the trunk.
The natural growing characteristics of any tree, and includes 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.
All improved or unimproved real property, whether or not subject
to subdivision and development.
Any cutting, pruning, elevating or other alteration of the habit
of a tree which impairs or endangers the life of such tree or destroys its
natural symmetry; and includes but is not limited to heavy or unnecessary
cutting of top branches (topping), cutting of major lower limbs (sever elevating)
and drastic pruning, but shall not include customarily accepted or ornamental
procedures.
Any living woody plant, its root system and the environment within
the area defined by the outermost limit of its branches, which is at least
six inches in diameter breast high or, in the case of a flowering ornamental,
which is at least three inches in diameter breast high.
[Amended 7-2-1996 by L.L. No. 11-1996]
The Village of North Hills.
The Village Engineer, Village Code Enforcement Officer, Village Superintendent
of Public Works or such other person designated by the Mayor with the approval
of the Board of Trustees.
A.
It shall be unlawful for any person to remove, destroy
or substantially alter the habit of one or more of the trees on any parcel
of real property unless a permit has been obtained pursuant to this chapter.
B.
Nothing in this section shall be construed to prohibit
the alteration of habit of any tree made in accordance with customarily accepted
ornamental procedures.
C.
The prohibition of this section shall not be applicable
to an emergency situation nor to the removal, destruction or substantial alteration
of any tree made in accordance with an accepted landscape plan included in
any part of a building permit or site plan hereafter approved pursuant to
any applicable law.
This chapter shall be administered and enforced by the Village Official.
A.
Any person who intends, wishes or deems it necessary
to remove, destroy or substantially alter one or more trees on any real property
in the Village shall first apply for and receive a permit therefor. Applications
shall be filed with the Village Clerk as set forth herein and shall be accompanied
by the fee required by this chapter.
B.
The application shall be made on such form as may be
prescribed by the Village Clerk, which shall include but not be limited to
the following:
(1)
Name and address of the applicant.
(2)
Name, address and qualifications of the person who shall
remove, destroy or substantially alter the trees.
(3)
The purpose of the proposed tree removal.
(4)
A survey of the real property showing location of all
structures.
(5)
If less than five trees or less than 5% of the total
trees on the real property are to be removed, destroyed or substantially altered,
a sketch or plan of the area indicating:
(a)
An outline of existing heavily wooded areas on the real
property showing the tree type and size range.
(b)
Location and size of trees to be removed.
(c)
Location of any improvements on the real property.
(d)
Any additional information that the Village Official
may deem necessary for evaluation of the application.
(6)
If six or more trees or more than 5% of the total trees
on the real property are to be removed, destroyed or substantially altered:
(a)
A sketch or plan of the area indicating:
[1]
An outline of existing heavily wooded areas on the real
property showing the tree type and size range.
[2]
Location and size of trees to be removed.
[3]
Location of any improvements on the real property.
[4]
Any additional information that the Village Official
may deem necessary for evaluation of the application.
(b)
Unless waived by the Board of Trustees, a recent aerial
photograph of the real property, at a scale no less than one inch equals 60
feet zero inches, mounted on a hard board, indicating the property lines.
An acetate overlay shall be placed over the aerial photograph indicating:
[1]
Location of all structures and additions.
[2]
Location of all areas to be paved by roads, parking areas,
driveways, sidewalks or other surface improvements.
[3]
Location of all proposed dry wells, recharge basins,
ponds, streams and subsurface improvements.
[4]
Areas designated for regrading or excavation in excess
of one foot of existing grade.
[5]
All trees proposed to be removed, destroyed or substantially
altered.
C.
After completion of an application subject to Subsection B(6) of this section and payment of any required fees, the Village Official shall make a field inspection to verify the caliper, type, location and condition of trees. The Village Official shall mark with orange paint all trees which are diseased or which are to be removed or destroyed, and the applicant shall thereafter submit as part of the application an acetate overlay of the aerial photograph indicating the diseased trees or the trees to be removed or destroyed.
D.
The determinations of the Village Official pursuant to
this section shall be based upon the following criteria:
(1)
The condition of the trees with respect to disease and
hazardousness, danger of falling, proximity to existing or proposed structures
and interference with utility services.
(2)
Trees may be removed if located:
(a)
Within 15 feet of a proposed foundation wall.
(b)
Within three feet of a proposed sidewalk or driveway.
(c)
Within 10 feet of a propose cesspool, dry well, septic
tank or other subsurface improvement.
(d)
Within five feet of a proposed roadway.
(e)
Within proposed ponds or drainage systems, unless otherwise
directed by the Village Official. The Village Official may require the reasonable
moving of foundation walls, surface and subsurface improvements or drainage
systems to preserve specific trees.
(3)
The effect of the removal on ecological systems.
(4)
The character established at the proposed site of removal
with respect to existing vegetation management practices.
E.
Upon the submission of a completed application and other
required information and payment of all required fees and written approval
of the Village Official, a permit may be granted.
A.
Any tree which is located on real property in the Village
and which, in the opinion of the Village Official, is endangering or constitutes
danger to public streets or public places or which endangers the usefulness
of a public sewer or public utility, shall be removed or trimmed by the owner
of the property within 30 days after receipt of notice from the Village Official.
In the event the property owner fails to remove or trim such tree or trees,
the Village shall provide for the removal of such tree or trees and the cost
thereof shall be a charge against the real property upon which the tree or
trees were located and shall be a lien thereon until paid in full.
B.
No tree shall be removed from any public street or property
owned by or under the control of the Village without the prior written consent
of the Village Official, which consent shall be granted only if the tree constitutes
a hazard to property or persons using the adjoining streets, if its roots
are causing excessive damage to the curb, gutters or sidewalks or if it unduly
interferes with the sewer system and public utilities. Any tree being so removed
for the benefit of a property owner shall be removed and replaced with an
approved tree at the property owner's expense in the event the Village
Official so directs.
The Village Official may require the planting of the same or agreed-upon
alternate species of trees as are as nearly comparable in type and size as
practical to the trees to be removed, when the individual character of the
tree(s) or the ecological setting requires special consideration, as a condition
for the issuance of a permit for tree removal. The location for planting of
the replacement trees shall be agreed upon between the applicant and the Village
Official prior to issuance of a permit for removal.
Notwithstanding any provision of this chapter to the contrary, any public
utility subject to the jurisdiction of the New York State Public Service Commission
may trim, brace, remove or perform such acts with respect to trees growing
adjacent to public streets in the Village or which grow upon private property
and encroach upon such public streets as may be necessary to comply with the
safety regulations of said Commission and as may be necessary to maintain
the safe operation of its business; provided, however, that the Village Official
must receive 72 hours' prior notice and be present when a tree is so
removed unless an emergency condition exists.
Any person aggrieved by any determination of the Village Official in
the exercise of the authority granted by this chapter shall have the right
to appeal, in writing, to the Board of Trustees. Such appeal shall state the
reasons for the appeal. The determination of the Board of Trustees on said
appeal shall be final and conclusive.
[Amended 1-22-1986 by L.L. No. 1-1986]
A.
Any person who violates the provisions of this chapter
shall be guilty of an offense and shall be subject to a fine not to exceed
$5,000 with respect to each violation involving a tree more than nine inches
in diameter breast high or a flowering ornamental more than four inches in
diameter breast high or a fine not to exceed $500 with respect to each violation
involving any other tree. Each tree removed, destroyed or the habit of which
is substantially altered in violation of this chapter shall constitute a separate
violation.
[Amended 7-2-1996 by L.L. No. 11-1996]
B.
In addition, this chapter may be enforced by civil action,
including an injunction, and any owner of real property who has violated or
permitted a violation of this chapter may be directed by the Village Official
to replace with new trees (3 1/2 to four inches in diameter) any trees
removed, destroyed or substantially altered in violation of this chapter,
and where such direction has been made, no building permit or certificate
of occupancy shall be issued for structures on said real property until such
replacement has been completed.
Notwithstanding any portion of this chapter to the contrary, this chapter
shall not be applicable to any person actually occupying as his or her residence
the real property upon which an activity otherwise prohibited or regulated
by this chapter would occur, nor to the duly authorized agent of such person,
provided that the number of trees to be removed, destroyed or substantially
altered on such property does not exceed five trees per acre in any period
of six months.
