[HISTORY: Adopted by the Board of Trustees
of the Village of Oyster Bay Cove 3-15-2011 by L.L. No. 4-2011.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Environmental quality review — See Ch. 150.
Site plan review — See Ch. 264.
Subdivision of land — See Ch. 283.
Zoning — See Ch. 320.
[1]
Editor’s Note: This local law also repealed former Ch.
299, Trees, adopted 11-15-2005 by L.L. No. 13-2005.
The Board of Trustees of the Village of Oyster Bay Cove hereby
finds and declares that the maintenance of large and mature trees
is one of the most significant factors in maintaining the character
of the Village and that protection of large and mature trees is crucial
to the health, safety, comfort and general welfare of the Village,
its residents and property owners.
For the purposes of this chapter, the following terms, phrases
and words shall have the following meanings:
The owner, contract vendee or lessee of real property or
its duly authorized agent.
Outermost spread of tree branches.
Any resident of the Village or any individual, fine, 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 Village.
No person shall remove, or cause or permit the removal, death
or destruction of any tree having a trunk circumference of 22 inches
or more at a height of three feet from the lowest surrounding grade
without a permit issued pursuant to this chapter.
A.
An application for the removal of one or more trees shall be made
to the Village Office by submission of the following:
(1)
A completed application form, identifying the record owner and address
of the property, the type of tree(s) sought to be removed, the location
of the tree(s) on the property, the circumference of each tree sought
to be removed, the reason removal is sought, any restriction, easement
or covenant on property, and whether any prior applications for tree
removal and/or site plan review have been made with respect to the
subject property. If the applicant seeks to remove more than one tree,
one form may be used for all trees subject to review at the same time;
(2)
Where required by law, an environmental assessment form;
(3)
Supporting documentation from a licensed arborist or horticulturalist
providing relevant information, including, but not limited to, the
health of the tree sought to be removed and, if it is claimed that
the tree presents a danger, a detailed statement as to the basis for
such claim;
(4)
Photographs of the tree sought to be removed and photographs taken
from the tree's location showing the view toward any neighboring
property that would be impacted by such removal;
(5)
The fee required for such application in an amount to be set and/or
modified by resolution of the Board of Trustees;
(6)
Copy of workmen's compensation coverage for the tree service,
if applicable;
(7)
Clearly identify the tree(s) with tags, and supply survey of property
indicating location of tree(s) to be removed;
(8)
Any other information deemed relevant in furtherance of the purposes
of this chapter.
B.
Upon receipt of a properly completed application, the Village Tree
Warden and Enforcement Officer ("Tree Warden") shall refer the application
to the Board of Trustees. However, the Board of Trustees may establish,
by resolution, criteria and thresholds for allowing applications to
be reviewed and approved or disapproved by the Tree Warden without
referral to the Board of Trustees.
C.
If the application is to be reviewed by the Tree Warden, the Tree
Warden shall use the same standards of review used by the Board of
Trustees in determining whether the application shall be approved
or disapproved.
D.
If the application is approved by the Tree Warden, the tree(s) must
be removed within 60 days of the approval. If it is determined that
additional conditions apply, the application will be forwarded to
the Board of Trustees for action.
E.
If the application is referred to the Board of Trustees for review
and action, the Board may ask for any additional information or documentation
it deems necessary to properly determine the application.
F.
By submission of an application pursuant to this chapter, the applicant,
and the owner of the property upon which any tree proposed to be removed
is located, shall be deemed to have consented to entry and inspection
of the subject premises by any official of the Village involved in
the review and/or approval of such application at any reasonable time,
including weekends and holidays, for the purposes of inspecting the
trees on the property for which removal is sought, and any other trees
in the vicinity of such trees proposed to be removed. Such consent
shall remain in effect until a determination has been made.
G.
Waiver of procedure.
(1)
Where an applicant claims that a tree presents such an imminent threat
to person or property that immediate removal is necessary, the applicant
may request that removal of the tree be authorized by consent of the
Tree Warden or the Mayor.
(2)
It is intended that a waiver pursuant to this section will be granted
only under very unusual circumstances, limited to cases of emergency
or cases where the procedure provided in this chapter is unduly burdensome,
and only where the applicant has presented clear and convincing evidence
that such waiver is necessary or appropriate.
A.
The Board of Trustees shall review and determine an application for
tree removal within 60 days of receipt of a completed application.
In making its determination, the Board may grant such application
with or without conditions or modifications, where deemed appropriate,
or deny such application. If the Board of Trustees' approval
requires the applicant to replace or replant trees, such trees are
required to be on the approved Village tree list supplied by the Village
Office.
B.
In making its determination on such an application, the Board shall
consider various factors, including the following:
(1)
The size, age, condition, health and type of tree(s) sought to be
removed;
(2)
The reason for seeking removal;
(3)
The impact of removal upon neighboring properties and the Village;
(4)
The extent of possible mitigation of the removal impact;
(5)
The number and/or density of other trees on the subject property;
(6)
The danger, if any, which the tree may present to any person or property;
(7)
Any other factor which the Board deems relevant in furtherance of
the purposes of this chapter.
C.
Any determination of the Board to grant approval of an application
for the removal of a tree, with or without conditions, shall include
a requirement that the applicant plant three or more trees of a size
and type approved by the Board for each tree removed; provided, however,
that the Board may waive this requirement upon an express finding
that the subject property is so heavily or densely wooded that the
imposition of this requirement would serve no purpose.
D.
Upon completion of the authorized tree removal, the applicant shall
notify the Tree Warden, who promptly shall inspect or cause to be
inspected the subject property to determine compliance with the determination
of the Board.
(1)
If after such inspection the Tree Warden determines that the applicant
has complied with the determination of the Board, a certificate of
completion shall be issued within 10 business days thereafter.
(2)
If the Tree Warden determines that the applicant has failed to comply
with the determination of the Board, a notice of violation shall be
issued, together with an order to restore the subject premises to
its condition at the time the application was submitted.
A.
No building permit shall be issued for construction which would involve
or result in the removal of any tree for which a permit is required
pursuant to this chapter, until such time as such approval is granted.
B.
Unless otherwise authorized by permit pursuant to this chapter, where
a building permit lawfully has been issued by the Building Department,
no tree with a circumference of at least 22 inches at a height of
three feet above the lowest grade prior to construction shall be removed
if such tree is located beyond a horizontal distance of 15 feet from
any permitted structure.
C.
Any tree removal of which is not authorized pursuant to this chapter
shall be properly protected from damage and soil compactment during
construction, to a distance of at least 25 feet from the trunk or
drip line of such tree, whichever is greater. The Building Department
shall take all actions necessary to assure the protection and survival
of such trees.
D.
In addition to any other remedies or penalties provided by law, the
Building Department Official, or police officer, shall issue a notice
of violation and stop-work order if it is determined that there has
been a violation of this chapter.
A.
No permit shall be required for the removal of a dead tree; provided,
however, that a written confirmation that a tree is dead shall be
obtained from the Tree Warden before any dead tree is removed.
B.
In the event any tree is removed without having first obtained a
permit or declaration pursuant to this chapter, there shall be a rebuttable
presumption that the tree was not dead and that a permit for such
removal should have been obtained.
C.
In any case where a tree is removed without a permit or declaration
pursuant to this chapter, there shall be a rebuttable presumption
that a permit was required for the removal of such tree where evidence
of the removal, including but not limited to portions of the trunk
or limbs, is on a property and is of a circumference of 22 inches
or more.
A.
Any person or entity who violates the provisions of this chapter,
or who removes a tree in violation of any condition of a permit, or
who fails to comply with any notice given by the Tree Warden pursuant
to this chapter, shall be guilty of a violation and shall be punished
as provided by law. The owner of property upon which a tree is removed
in violation of this chapter, or in violation of the condition of
any permit issued pursuant to this chapter, shall also be guilty of
a violation.
B.
In addition to any other penalty provided by law, the owner of any
property upon which a tree has been removed in violation of this chapter,
or upon which there has been a violation of any condition of any permit
issued pursuant to this chapter, may not receive any other permit
for removal of a tree for a period of one year after such violation,
and may not remove any tree pursuant to any permit granted for any
property in the Village during such period; provided, however, that
the Tree Warden and the Mayor, or the Mayor's designee, may jointly
waive this prohibition where it is demonstrated that a tree presents
an imminent threat to the safety of persons or property.
