For the purposes of this chapter, the following
terms, phrases, and words shall have the following meanings:
APPLICANT
The owner, contract vendee, or lessee of the real property
or its duly authorized agent.
BOARD OF TRUSTEES
The duly elected members of the Board of Trustees, including
the Mayor, of the Incorporated Village of Manorhaven.
HABIT
The natural growing characteristics of any tree which 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 other legal entity or organization
of any kind.
PUBLIC PROPERTY
All real property located within the Village that is:
A.
Owned in fee simple by the Village;
C.
Located on or within a public right-of-way;
or
D.
Owned in fee simple by any municipality, school
district, library district, fire district or other governmental agency.
REAL PROPERTY
All real property, public and private, within the Village.
STREET TREE
Any tree located along the side of a street between the street
curb and the closest private property line.
SUBSTANTIAL ALTERATION
Any cutting or drastic pruning or elevating the habit 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.
TREE
A tree with a diameter of six inches or more at a point which
is four feet above grade at the base of the tree; or, in the case
of a tree that, without a permit issued pursuant to this chapter,
has been cut or removed so that the foregoing cannot be determined
beyond a reasonable doubt, any such tree that shall have a diameter
of six inches or more at any point.
TREE WARDEN
A person or persons to whom the Board of Trustees, by resolution,
has delegated the authority to review and determine applications made
pursuant to this Chapter, and to exercise such other authority as
granted herein.
[Added 8-18-2016 by L.L.
No. 9-2016]
[Amended 8-18-2016 by L.L. No. 9-2016]
A. It shall be unlawful for any person without a permit to cut down,
remove, or destroy any tree or substantially alter the habit of any
tree within the Village unless prior approval has been granted by
the Board of Trustees or the Tree Warden and a permit has been issued
by the Building Inspector.
B. It shall be unlawful for any person who owns or occupies any real
property to cause, suffer, permit, or allow the cutting down, removal,
or destruction of any tree or the substantial alteration of the habit
of any tree on real property, unless prior approval has been granted
by the Board of Trustees or the Tree Warden and a permit has been
issued by the Building Inspector.
[Amended 8-18-2016 by L.L. No. 9-2016]
A. Application for a permit shall be made to the Tree Warden or, in
the absence of a Tree Warden, to the Board of Trustees.
B. The application shall be made on such form as may be prescribed by
the Board of Trustees and shall include, but not be limited to, the
following:
(1) The name and address of the applicant.
(2) The name and address of the owner of the property.
(3) The purpose of the proposed removal or alteration.
(4) The site of the proposed removal or alteration.
(5) The location and size of the tree to be removed.
(6) The condition of the tree with respect to disease, hazard, proximity
to existing or proposed structures, and interference with utility
services, said condition to be certified or attested to by a certified
arborist, licensed professional and/or an authorized representative
of a public utility.
(7) The recommendation of a certified arborist or the tree service that
will be performing the removal. Only a certified arborist or experienced
tree service shall be permitted to remove or substantially alter the
habit of a tree within the Village. Any proposed tree service shall
be required to provide satisfactory proof of its experience upon request.
(8) The written and acknowledged authorization of the owner of the property.
C. The application shall be determined based upon the following criteria:
(1) The condition of the tree 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 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 road or highway bordering the property.
(6) The noteworthiness of the tree to the character of the community
based upon, among other things, its size, species, and location.
D. The Board of Trustees or Tree Warden may, in granting any application
to remove or alter a tree, condition such grant upon the immediate
replacement of such tree by one or more trees, in total caliper substantially
the same as the tree being replaced, of the same or similar species,
or such other reasonable condition or conditions that are directly
related to and incidental to the proposed removal or alteration of
the tree.
E. The Board of Trustees or Tree Warden may determine to grant, deny
or grant with conditions any application for approval to remove a
tree.
[Amended 8-18-2016 by L.L. No. 9-2016]
A. If the Board of Trustees or Tree Warden shall grant or grant with
conditions an application for the removal of a tree or trees, the
applicant must obtain a permit for removal of the tree or trees from
the Building Inspector.
B. It shall be the responsibility of the Building Inspector to insure
that the applicant complies with the terms of the approval and any
conditions placed thereon.
C. Any permit issued hereunder may be revoked and all work authorized
by said permit may be halted if the Building Inspector shall find
that the permit and/or Board of Trustees or Tree Warden approval was
obtained by false or misleading statements or the work being performed
is not proceeding in accordance with the terms of the permit and the
provisions of this chapter.
D. A permit issued pursuant to this chapter shall expire six months
from and after the date of its issuance. No work may be performed
under an expired permit.
[Amended 8-18-2016 by L.L. No. 9-2016]
A. The application fee herein shall be determined from time to time
by resolution of the Board of Trustees. The fee shall be paid upon
submission of the application and shall not be refundable except with
respect to trees that the Tree Warden or Building Inspector determines
are either substantially dead or are so diseased, damaged, uprooted
or otherwise affected that they are, or may reasonably be believed
to soon become, a danger to persons or property.
B. The owner or person in control of real property shall keep trees
trimmed so that overhanging limbs and vegetation do not interfere
with the use of sidewalks or roadways by the public. Such limbs shall
be trimmed not less than eight feet above the center of the sidewalk
and 13 feet above the roadway measured five feet from the curbline.
C. The owner or person in control of real property shall also keep trees
on his or her property or in the right-of-way adjoining his or her
property trimmed so that overhanging limbs and vegetation do not endanger
an adjoining property owner's home or accessory structures.
D. Whether a tree poses a danger to an adjoining property shall be in the discretion of the Tree Warden or Building Inspector. The Tree Warden or Building Inspector shall issue a written determination and direct the corrective measures to be taken within a time period specified in the decision, but in no event more than 30 days. Failure to comply with the direction of the Tree Warden or Building Inspector shall be punishable under §
143-12 of this chapter.
[Amended 8-18-2016 by L.L. No. 9-2016]
A. Anyone wishing to replace a street tree that has been felled may
do so with the permission of the Tree Warden or Building Inspector.
In doing so, such person will be given a list of the acceptable trees.
If a homeowner wishes to plant a street tree, and does so, it will
be such person's sole responsibility to care for said tree.
B. Any person who cuts down, removes, or destroys a tree or substantially
alters the habit of a tree and any person who solicits, requests,
commands, importunes, or intentionally aids another person to engage
in such conduct 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 the same, substantially in kind, as directed by the Tree Warden
or Building Inspector. Such replacement, in the sole discretion of
the Tree Warden or Building Inspector, may be by one or more trees,
in total caliper substantially the same as the tree being replaced,
of the same or similar species.
C. Where the Board of Trustees, Tree Warden, or the Building Inspector
directs the replacement of a tree that has been removed, the individual
responsible for the replacement of such tree shall post a bond in
the estimated amount of the replacement cost, including installation,
for the faithful performance of the obligation to replace said tree.
[Amended 8-18-2016 by L.L. No. 9-2016]
A. Any person aggrieved by an act or determination of the Tree Warden
or Building Inspector in the exercise of the authority granted in
this chapter shall have the right to appeal to the Board of Trustees,
the decision of which shall be final and conclusive.
B. In exercising its authority hereunder, the Board of Trustees shall
have the same authority to impose conditions as the Tree Warden or
Building Inspector.
C. An appeal shall be in writing, stating the decision appealed from
and the reasons for the appeal.