[Adopted 8-10-1989 as L.L. No. 5-1989]
Since it has been established that trees stabilize the soil and control
water pollution by preventing soil erosion and flooding, absorb air pollution,
provide us with oxygen, yield advantageous microclimatic effects, have an
intrinsic aesthetic quality, protect and increase property values, offer a
natural barrier to noise and provide a natural habitat for the wildlife area,
and that the removal of trees deprives us of these benefits and disrupts fundamental
ecological systems in which they are integrally involved, it is, therefore,
the purpose of this Article to prevent the indiscriminate destruction or removal
of trees within the boundaries of the Village of Garden City and to provide
for the relocation or replacement of trees which may be destroyed or removed.
As used in this Article, the following terms shall have the meanings
indicated:
Includes such practices as girdling, trenching near the roots, application
of herbicides, or any other practice or action which may reasonably be expected
to, either immediately or within the course of time, result in the death of
a tree, but shall not include regular maintenance such as pruning or pollarding
of a tree.
Includes the owner, lessee, occupant or person in possession of any
premises in the village, or any agent thereof.
Any living upright woody plant together with its root system, which
has at least one trunk of eight inches in diameter or greater at a height
of 4 1/2 feet above the ground.
A.
It shall be unlawful for any person to destroy or remove
two or more trees within the Village of Garden City in any twelve-month period
without having first obtained a valid tree removal permit. Notwithstanding
the above, it shall be unlawful for any person to destroy or remove any tree
on village property or in the village right-of-way or any tree planted by
the village.
B.
The provisions of this chapter shall not apply to:
(1)
The removal of trees from horticultural properties such
as farms, nurseries, orchards or commercial forests. This exception shall
not be interpreted to include lumber harvesting incidental to imminent development
of the land.
(2)
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.
D.
Notwithstanding anything to the contrary, the Director
may waive any provision hereof when, due to the nature of the application,
he determines that such waiver is consistent with the purposes of this Article.
E.
Any person so desiring a tree removal permit, as required
by this Article, shall submit a written application to the Director, together
with a filing fee in such amount as determined from time to time by resolution
of the Board of Trustees. The application shall include the following information:
[Amended 3-7-1996 by L.L. No. 1-1996]
(1)
The name and address of the applicant and status of legal
entity.
(2)
The status of the applicant with respect to the land.
(3)
Written consent of the owner or owners of the land, if
the applicant is not the sole owner.
(4)
The name of person preparing any map, drawing or diagram
submitted with application.
(5)
Location of the property, including a street number and
address and legal description as shown on the Official Map of the Village
of Garden City.
(6)
A diagram of the parcel of land, specifically designating
the area or areas of proposed tree removal and the proposed use of such area.
(7)
Location of all proposed structures and driveways on
the site.
(8)
Location of all trees and identification of size and
species.
(9)
Designation of all diseased, dead or damaged trees.
(10)
Designation of any trees endangering any roadways, pavement
or utility lines.
(11)
Any proposed grade changes that might adversely affect
or endanger any trees on the site and specifications of how to maintain them.
(12)
Designation of trees to be removed and trees to be maintained.
(13)
The purpose of tree removal.
(14)
The size, species and planting method of all replacement
trees.
F.
The Director may, in addition, require the applicant
to supply any of the following documentation:
(1)
A tree preservation plan specifying the methods to be
used to preserve all remaining trees and their root systems and the means
of providing water and nutrients to their root systems.
(2)
A topographical survey of the site if development or
construction will result in change in elevation of more than five feet or
if the parcel of land is more than one acre in area.
G.
Upon receipt of the application, the Director shall visit
and inspect the site and contiguous and adjoining lands. If he determines
that the plan will destroy more trees than are reasonably necessary to achieve
the stated purpose of the application or is not consistent with the stated
purposes of this Article, the permit application shall be denied.
H.
In determining whether or not a permit should be granted,
the Director shall consider the following:
(1)
The condition of the tree or trees with respect to disease,
insect attack, proximity to existing or proposed structures and interference
with utility services.
(2)
The necessity of removing the tree or trees in order
to implement the stated purpose of the application.
(3)
The effect of the removal on erosion, soil moisture retention,
flow of surface waters and drainage.
(4)
The number and density of trees in the area and the effect
of tree removal on other existing vegetation and property values of the neighborhood.
(5)
Whether any tree in question is a tree worthy of preservation
due to unusual characteristics such as age, history, size, rarity, financial
value of visual importance to the neighborhood.
(6)
On plots in excess of two acres, where an application
has been made to remove more than 10% of the trees thereon, the applicant
must address whether such action will have an impact upon the environment,
including but not limited to the following:
(a)
Whether tree removal would substantially alter the water
table or affect the stabilization of ground- and surface water.
(b)
Whether tree removal would have an adverse impact upon
existing biological and ecological systems.
(c)
Whether tree removal would affect noise pollution by
temporarily increasing source noise levels to such a degree that a public
nuisance may be anticipated or by significantly reducing the beneficial noise-dampening
effect of vegetation near sensitive noise receptors.
(d)
Whether tree removal will affect air movement by significantly
reducing the ability of existing vegetation to reduce wind velocities.
(e)
Whether tree removal will affect air quality by significantly
affecting the natural cleansing of the atmosphere by vegetation.
(f)
Whether tree removal will affect wildlife habitat by
significantly reducing the habitat available for wildlife existence and reproduction
or causing the emigration of wildlife from adjacent or associated ecosystems.
(7)
The ease with which the applicant can alter or revise
the proposed development or improvement to accommodate existing trees.
(8)
The hardship that would be imposed upon the applicant
should the permit be denied.
(9)
The desirability of preserving tree cover in densely
developed or densely populated areas.
(10)
The need for visual screening in transitional zones or
relief from glare, blight, commercial or industrial ugliness or any other
visual affront.
(11)
Whether the continued presence of the tree or trees is
likely to cause danger to a person or property.
I.
As a condition to the granting of a tree removal permit,
the Director may require the applicant to relocate or replace trees. In the
case of replacement of trees, such new trees shall be of a caliper which,
in the aggregate, shall be equal to or greater than the removed trees, but
in no event less than four inches. The Director shall designate the location
of relocated and replacement trees and the species of replacement trees. The
Director may require the applicant to post a bond or cash escrow in an amount
to insure that such trees are relocated or replaced in compliance with the
terms of the permit.
J.
If the Director denies a tree removal permit, he shall
set forth in writing the reasons for denial. Any applicant for a permit required
by this Article adversely affected by the decision or the Director may appeal
the decision to the Village Board of Trustees.
K.
In the event that any tree is removed in violation of
this Article, in addition to any fine due hereunder, the village may require
that such tree(s) shall be replaced with trees of a caliper which, in the
aggregate, shall be equal to or greater than the removed trees, but in no
event less than four inches. The Director shall give, or cause to be given,
notice to replace such removed trees. Such notice shall be in writing and
shall detail the location, types and caliper of trees to be planted and shall
state a reasonable time period for such replacement. Such notice shall be
given by delivering the same personally to the owner, agent of the owner,
lessee, occupant or person in possession of the premises described in the
notice, or by depositing it in the United States mail at Garden City, New
York, postage prepaid, addressed to the owner, agent of the owner, lessee,
occupant or person in possession of the premises described at his last known
address and posting a notice in a conspicuous place upon the premises. No
error or mistake in the giving of a notice and no failure on the part of any
owner, agent of the owner, lessee, occupant or person in possession of the
premises to receive the same shall in any way affect the validity of the notice.
The person delivering, mailing or posting such notice shall file his affidavit
of delivery, mailing or posting. In the case of the mailing of the notice,
such affidavit shall be conclusive evidence that the notice was received three
days from the date that notice was deposited. If the owner, lessee, occupant
or person in possession of the premises fails, neglects or refuses to comply
with said notice within the time specified therein, the Director shall cause
the trees to be replaced, and the cost thereof may be assessed against the
premises.
L.
Each tree removed in violation of this Article shall
constitute a separate and additional offense.
