[HISTORY: Adopted by the Board of Trustees
of the Village of Kings Point 11-19-1986 by L.L. No. 9-1986. Amendments noted where
applicable.]
A.
The Board of Trustees of the Incorporated Village
of Kings Point hereby finds that there is a direct relationship between
the preservation and planting of trees, shrubs and associated vegetation
in sufficient numbers in the Village of Kings Point and the health,
safety and welfare of Village residents and that trees, shrubs and
associated vegetation are related to the natural, scenic and aesthetic
values and the physical and visual qualities of the environment which
the Village is obligated to protect. Trees and such vegetation reduce
noise, provide welcome shade to Village residents, preserve the balance
of oxygen in the air by removing carbon dioxide and fostering air
quality and create a bucolic and rural atmosphere in the Village,
especially along the roads. Trees also stabilize the soil and control
water pollution by preventing soil erosion and flooding, yield advantageous
climatic effects and provide a natural habitat for wildlife.
B.
The destructive and indiscriminate removal of trees
and related vegetation causes increased Village costs for proper drainage
control, impairs the benefits of occupancy of existing residential
properties and impairs the stability and value of both improved and
unimproved real property in the area of the destruction and adversely
affects the health, safety and general welfare of the residents of
the Incorporated Village of Kings Point.
For the purposes of this chapter, the following
terms, phrases and words shall have the following meanings:
The owner, contract vendee or lessee of the real property
or its duly authorized agent.[1]
The natural growing characteristics of any tree, which includes
branch spread and distribution, branch height above ground, and root
spread and distribution.
[Amended 6-19-2023 by L.L. No. 5-2023]
Any approved tree removal application, written official document,
or verbal order given by the Superintendent to allow the substantial
alteration of a tree.
[Added 10-10-2019 by L.L.
No. 10-2019]
Any resident of the Village of Kings Point or any individual,
firm, 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 Incorporated Village of Kings Point.
As determined by the Superintendent, is the diameter of a
tree measured at a point four feet six inches above the ground at
the lowest part of the base of the tree or, if a tree has been so
substantially altered that the diameter of the tree cannot be measured
at that point, the largest diameter of the remaining portion of the
tree below that point. In the event that a tree has been so substantially
altered that the diameter of the tree cannot be measured from the
tree, the Superintendent shall determine the diameter based upon such
other information as the Superintendent finds relevant, such as, but
not limited to, the remaining portions of the tree, documents in the
Village files, and/or photographs.[2]
[Added 5-13-2021 by L.L. No. 10-2021]
Any of the following, which, in the opinion of the Superintendent,
endangers the health of a tree or significantly impairs its size or
natural symmetry:
[Added 6-16-1987 by L.L. No. 4-1987;
amended 10-10-2019 by L.L. No.
10-2019]
The Superintendent of the Village Building Department or
such Superintendent’s designee or such other person designated
by the Village Board of Trustees to exercise the powers and discretion
provided for the Superintendent in this chapter.
[Added 10-10-2019 by L.L.
No. 10-2019]
The Village of Kings Point.
[Added 6-16-1987 by L.L. No. 4-1987]
[Amended 11-19-1986 by L.L. No. 11-1986; 6-16-1987 by L.L. No. 4-1987; 6-20-1989 by L.L. No. 12-1989; 3-26-1991 by L.L. No. 1-1991; 11-18-2004 by L.L. No. 3-2004; 10-10-2019 by L.L. No. 10-2019; 12-13-2019 by L.L. No. 14-20196-19-2023 by L.L. No. 5-2023]
A.
It shall
be unlawful for any person to substantially alter any tree if said
tree has a diameter of six inches or more at a point that is four
feet six inches above the ground at the lowest point of the base of
the tree without a permit.
B.
It shall be unlawful for any person who owns or occupies real property
to cause, suffer, permit, or allow the substantial alteration of a
tree on said real property if that tree has a diameter of six inches
at a point that is four feet six inches above the ground at the lowest
point of the base of the tree without a permit. In the event that
either: i) a tree was cut so that it cannot be measured at four feet
six inches point, if at any other point above the ground the remaining
portion of the tree has a diameter of six inches or more, or ii) if
the tree has been cut or ground down so that no part of the tree is
above the ground, or iii) the rootstock has been removed, for the
purposes of this chapter, in any of such three events, the tree shall
be treated the same as if it had a diameter of six inches or more
at a point that is four feet six inches above the ground at the lowest
point of the base of the tree.
C.
It shall be unlawful for any person who owns or occupies real property
to cause, suffer, permit, or allow any tree to be cut, removed, uprooted,
or otherwise altered in such a way as to cause soil erosion and/or
alter the flow of water onto an adjacent property or street.
D.
It shall be unlawful for any person who owns or occupies real property to cause, suffer, permit, or allow the property to be substantially razed, cleared, or otherwise vacated of trees or vegetation without first submitting a tree replacement landscape plan to the Superintendent and/or to an applicable Village board with jurisdiction for approval. The minimum required replacement trees shall be in accordance with § 147-7C or as found to be acceptable by an applicable Village board with jurisdiction or the Superintendent.
A.
Application for a permit shall be made to the Building
Inspector.
B.
The application shall be made on such form as may
be prescribed by the Building Inspector and shall include but not
be limited to the following:
(1)
The name and address of the applicant.
(2)
The purpose of proposed removal or alteration.
(3)
The site of proposed removal or alteration.
(4)
A sketch or plan of the area indicating the following:
(a)
An outline of existing heavily wooded areas
on the site showing the tree types and range of sizes.
[Amended 6-19-2023 by L.L. No. 5-2023]
(b)
The location and size of trees to be removed.
[Amended 6-19-2023 by L.L. No. 5-2023]
(c)
The location of any improvements on the real
property.
(d)
A license authorizing the Building Inspector, the Village of Kings Point and its designees to enter upon the property which is the subject of the application to administer and enforce the provisions of this chapter and to replace trees, if necessary, pursuant to § 147-7 of this chapter.
[Amended 6-20-1989 by L.L. No. 12-1989; 3-26-1991 by L.L. No. 1-1991]
(5)
Photographs
sufficient to identify the trees to be removed or substantially altered.
Prior to taking the photographs, the trees shall be identified by
ribbons, colored tape, paint, or a similar manner so that they will
be clearly identifiable in the photographs and by the people removing
or substantially altering them. The photographs shall clearly show
the location of the trees and the surrounding trees such that subsequently
it can be determined that only the trees for which permits were issued
were removed or substantially altered.
[Added 6-19-2023 by L.L. No. 5-2023[1]]
[1]
Editor's Note: This local law also provided the redesignation
of former Subsection B(5) through (7) as Subsection B(6) through (8).
(6)
The name and address of the owner.
[Added 3-26-1991 by L.L. No. 1-1991]
(7)
The signatures of the applicant and the owner.
[Added 3-26-1991 by L.L. No. 1-1991]
(8)
Such additional data, drawings and surveys as the
Building Inspector deems necessary to a review of the application.
[Added 3-26-1991 by L.L. No. 1-1991]
C.
The decision of the Building Inspector shall be based
upon the following criteria:
(1)
The condition of the trees with respect to disease
and danger of falling, proximity to existing or proposed structures
and interference with utility services.
[Amended 6-19-2023 by L.L. No. 5-2023]
(2)
The necessity of the removal or alteration of the
tree in question.
[Amended 6-19-2023 by L.L. No. 5-2023]
(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.
D.
Any permit issued hereunder may be revoked and all
work authorized by said permit halted if the Building Inspector shall
find that the permit 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.
[Added 6-20-1989 by L.L. No. 12-1989]
E.
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.
[Added 6-20-1989 by L.L. No. 12-1989]
[Amended 6-20-1989 by L.L. No. 12-1989; 3-26-1991 by L.L. No. 1-1991; 2-8-2000 by L.L. No. 3-2000; 11-27-2007 by L.L. No.
8-2007; 1-25-2021 by L.L. No. 4-2021; 6-19-2023 by L.L. No. 5-2023]
The application fee and deposit for an application pursuant
to this chapter shall be as established 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. The deposit shall not
be returned until photographs are provided sufficient to confirm to
the Superintendent that only the trees for which permits were issued
were removed or substantially altered. In the event that a tree or
trees were removed or altered for which the permit was issued, the
deposit shall be forfeited to the Village as a civil penalty, which
shall be in addition to any penalty a court may impose.
[Amended 6-20-1989 by L.L. No. 12-1989; 3-26-1991 by L.L. No. 1-1991; 1-25-2021 by L.L. No. 4-2021; 6-19-2023 by L.L. No. 5-2023]
A.
Private property. Any tree growing on real property
which constitutes a danger to persons or property, including, but
not limited to, in any way endangering the usefulness of a public
sewer or utility lines or which by reason of infestation or blight
endangers other trees in the Village, shall be removed or the habit
thereof altered by the owner of said real property as directed by
the Superintendent. In the event that the property owner fails to
comply with the directive of the Superintendent within the time specified
by him, the Village may then take the action directed by the Superintendent
and assess the cost thereof against the property owner. The directive
from the Superintendent shall be in writing, shall clearly state the
source of the danger, the action to be taken, and the date by which
such action must be taken and shall be served on the owner of the
real property personally or by certified or registered mail, return
receipt requested, addressed to said owner at the last address for
said owner on the tax records of the Village. If served by mail, the
notice shall be deemed received three days after the notice is deposited
in a depository maintained by the United States Postal Service.
B.
Public property. Nothing herein shall limit the authority
of the Superintendent of Public Works of the Village or his designee
to remove or alter the habit of any tree on public property which
he deems necessary to protect the health, safety and welfare of the
Village residents.
C.
Any tree
removed shall be removed to grade.
[Amended 6-20-1989 by L.L. No. 12-1989; 3-26-1991 by L.L. No. 1-1991; 11-18-2004 by L.L.
No. 3-2004; 10-15-2018 by L.L. No. 10-2018; 10-10-2019 by L.L. No. 10-2019]
A.
As a condition to the issuance of a permit under this chapter, the
Superintendent shall require replacement trees to replace the trees
to be substantially altered. The applicant and the owner of the real
property affected shall each be responsible for planting replacement
trees as specified in the permit.
B.
Any person who substantially alters a tree, and any person who solicits,
requests, commands, importunes, or intentionally aids another person
to engage in the substantial alteration of a tree, and any owner or
occupant of real property who causes, suffers, permits, or allows
a tree on said property to be substantially altered in violation of
this chapter shall plant replacement trees.
C.
The maximum number of replacement trees shall be equal to the 110%
replacement diameter of all of the trees to be replaced. All replacement
trees shall be trees as specified by the Superintendent, unless otherwise
specified by a Village board. The size of the tree shall be no less
than three inches in diameter (measured six inches above grade as
per nursery standard). The location where it shall be planted, and
the date by when it shall be planted, shall be determined by the Superintendent,
unless otherwise specified by an applicable Village board with jurisdiction.
[Amended 1-25-2021 by L.L. No. 4-2021; 5-13-2021 by L.L. No. 10-2021; 6-19-2023 by L.L. No. 5-2023]
D.
The Superintendent may require fewer replacement trees than otherwise required by this section. However, except as provided in Subsections H and I, in no event shall the minimum number of replacement trees be fewer than one tree of three-inch caliper or more per tree removed regardless of size. In determining that requirement, the Superintendent may consider:
[Amended 1-25-2021 by L.L. No. 4-2021]
(1)
The
health of the tree being replaced.
(3)
The
number, health, and location of other trees on the real property affected.
(4)
The
ability to allow sun to reach solar panels, pools, and play areas.
(5)
The
removal was of a tree that by its size or otherwise presented a medium
to high risk of personal injury or property damage, including, but
not limited to, damage to subsurface facilities and foundations.
(6)
The
requirements or suggestions of any previous approval granted by any
Village board.
E.
In order to guarantee the planting of replacement trees required
pursuant to this section, the Superintendent may require the applicant
or property owner to deposit with the Village a sum of money to be
held as a deposit for liquidated damages in the event that the applicant
or property owner fails to plant a replacement tree in accordance
with the directives of the Superintendent. Such sum, as determined
by the Superintendent, shall be equal to twice the cost of the purchase
and planting of all of the required replacement trees. Because the
loss to the Village of the natural, scenic, and aesthetic values and
the physical and visual qualities of substantially altered trees by
the failure of the applicant or property owner to plant the required
replacement trees cannot easily be determined, 2 1/2% of the
deposit shall be taken as liquidated damages by the Village for each
day after the last day specified by the Superintendent for the planting
of all of the replacement trees has past. For good cause, the Superintendent
may, from time to time, extend the last day for planting. Such liquidated
damages may be taken by the Village each day after that last day for
planting has past or at any time thereafter.
F.
Any trees required to be planted pursuant to this section shall be
maintained in good health for not less than five years from planting,
and if, in the sole discretion of the Superintendent, they are not
in good health, they shall be replaced substantially in kind, as selected
and directed by the Superintendent, by the owner of the property.
G.
In addition to the liquidated damages provided for herein, each day
after the date set by the Superintendent to plant a replacement tree
that such tree is not planted shall be deemed a separate and distinct
violation of this chapter by each of the person or persons obligated
to plant such tree.
H.
In the
event that the Superintendent determines that a tree to be removed
is dead, dying, diseased, dangerous, invasive, infested, or causing
or threatening to cause damage to a structure or other facility, such
as, but not limited to, power lines and subsurface pipes, the Superintendent
is authorized to waive the requirement for replacement trees. The
Superintendent may require the person requesting the removal of a
tree based upon this subsection to provide a certified arborist's
or other professional's certification of the need or other basis for
the removal of the tree.
[Added 1-25-2021 by L.L. No. 4-2021]
I.
In the
event that the Superintendent determines that it is not feasible to
plant any or all of the replacement trees required in accordance with
the provisions of this section, the person responsible for the planting
of those replacement trees shall pay to the Village a sum equal to
what would have been the cost of purchasing and planting the replacement
trees. Such sum shall be as set forth from time to time by resolution
of the Board of Trustees.
[Added 1-25-2021 by L.L. No. 4-2021]
All trees on property on which demolition, excavation,
grading, or construction activity is conducted shall be guarded with
a substantial fence at all times when any of said activities are taking
place. The fence shall be at least four feet high and shall completely
enclose the trunk of the tree at a distance from the trunk equal to
the greater of one foot for each one inch of the tree's diameter at
a point four feet six inches (DBH) above grade at the base of the
tree, or four feet. On application of the owner or the owner's agent,
the Building Inspector may waive the necessity of the fence for one
or more trees where he finds that distance, existing natural features
or man-made structures afford adequate protection for such tree or
trees. No person shall conduct any demolition, excavation, grading
or construction activity on a property without erecting and maintaining
thereon the fences above required.
A.
Any person aggrieved by an act or determination of
the Building Inspector in the exercise of the authority herein granted
shall have the right to appeal to the Board of Appeals, the decision
of which shall be final and conclusive.
B.
An appeal shall be in writing, stating the decision
appealed from and the reasons for the appeal.
[Amended 6-20-1989 by L.L. No. 12-1989; 3-26-1991 by L.L. No. 1-1991]
A.
The Building Inspector shall administer and enforce
the provisions of this chapter. In the absence or inability of the
Building Inspector to perform said duties, the same shall be performed
by an Assistant Building Inspector or other person designated by resolution
of the Board of Trustees of the Village of Kings Point.
B.
Penalties.
[Amended 11-18-2004 by L.L. No. 3-2004]
(1)
Any person who shall violate any of the provisions
of this chapter shall be deemed guilty of a violation under the New
York State Penal Law and, upon conviction thereof, shall be subject
to:
(a)
The following fines:
[Amended 5-13-2021 by L.L. No. 10-2021]
[1]
For a first violation of this chapter within a period of five years:
[a]
For a tree with a replacement diameter less than three inches,
a minimum of $1,500 and a maximum of $4,000.
[b]
For a tree with a replacement diameter of three inches or more,
but less than six inches, a minimum of $2,500 and a maximum of $5,000.
[c]
For a tree with a replacement diameter of six inches or more,
but less than 12 inches, a minimum of $4,000 and a maximum of $10,000.
[d]
For a tree with a replacement diameter of 12 inches or more,
a minimum of $7,000 and a maximum of $20,000.
[2]
For a second violation of this chapter within a period of five years:
[a]
For a tree with a replacement diameter less than three inches,
a minimum of $3,000 and a maximum of $8,000.
[b]
For a tree with a replacement diameter of three inches or more,
but less than six inches, a minimum of $5,000 and a maximum of $10,000.
[c]
For a tree with a replacement diameter of six inches or more,
but less than 12 inches, a minimum of $8,000 and a maximum of $20,000.
[d]
For a tree with a replacement diameter of 12 inches or more,
a minimum of $14,000 and a maximum of $40,000.
[3]
For a third or subsequent violation of this chapter within a period
of five years:
[a]
For a tree with a replacement diameter less than three inches,
a minimum of $4,500 and a maximum of $12,000.
[b]
For a tree with a replacement diameter of three inches or more,
but less than six inches, a minimum of $7,500 and a maximum of $15,000.
[c]
For a tree with a replacement diameter of six inches or more,
but less than 12 inches, a minimum of $12,000 and a maximum of $30,000.
[d]
For a tree with a replacement diameter of 12 inches or more,
a minimum of $21,000 and a maximum of $60,000; or
(b)
Imprisonment for a term of not more than 15
days; or
(c)
Both such fine and such imprisonment.
(2)
Each such violation shall constitute a separate offense
and shall be punishable as such hereunder."
[Added 11-18-2004 by L.L. No. 3-2004]
A.
In the event that any property owner or any other
person performing work with the consent, express or implied, of the
property owner shall violate any provision or condition of any permit
or other approval of an application from any department, board, or
committee of the Village by removing, destroying, or substantially
altering the habit of a tree, or by suffering, permitting, or allowing
the removal, destruction, or substantial alteration of the habit of
a tree on such property, such permit or other approval shall be suspended.
Such suspension shall continue and no further action shall be taken
pursuant to such approval, until such person shall apply to the departments,
boards, and/or committees which granted such permits or approvals
for modifications thereof based upon the removal, destruction, or
substantial alteration of the habit of such tree or trees. Upon such
application, such departments, boards, and/or committees may modify
such permits or approvals by implementing such conditions, including,
but not limited to, the requirement that one or more new trees of
the same height and/or caliper as the illegally removed tree or trees
be planted and maintained for a specific period of time, not to exceed
five years, or such other condition or conditions as such departments,
boards, and/or committees might deem appropriate. Such conditions
may also include a prohibition of any further work on such property
until the replacement tree or trees have been planted and that a declaration
of covenants and restrictions be recorded by the owner of the property,
running with the land, to assure that such conditions with regard
to such replacement trees shall be enforceable against all future
owners.
B.
Notwithstanding anything to the contrary in this section,
the Building Inspector shall have the authority to authorize and/or
direct that the property owner and/or any other person performing
work with the consent, express or implied, of the property owner take
such actions as in the sole discretion of the Building Inspector are
reasonable and/or necessary to maintain the property in a safe condition
and to assure that all relevant stormwater, sediment and erosion control,
and tree protection measures are implemented and maintained, and that
such other actions, as the Building Inspector may determine to be
in the best interests of the Village, are implemented and maintained
until such application has been made, a decision thereon has been
rendered by such departments, boards, and/or committees, and the additional
conditions, if any, of such departments, boards, and/or committees
have been implemented.
