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:
APPLICANT
The owner of real property or the duly authorized agent of such an
owner.
HABIT
The natural growing characteristics of any tree, and includes 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.
REAL PROPERTY
All improved or unimproved real property, whether or not subject
to subdivision and development.
SUBSTANTIAL ALTERATION
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.
TREE
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]
VILLAGE
The Village of North Hills.
VILLAGE OFFICIAL
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.
This chapter shall be administered and enforced by the Village Official.
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.