The Board of Trustees hereby finds that the
indiscriminate and excessive cutting of trees and shrubs, or specimen
trees, results in increased municipal costs for the control of drainage
and erosion and impairs the natural scenic and aesthetic qualities
of the environment which the Village is obligated to protect. Trees
and shrubs, in addition to preserving the bucolic and rural atmosphere
of the Village, preserve the environment by reducing noise, providing
shade and preserving and fostering air quality, and stabilize the
soil and control water pollution by preventing soil erosion and flooding,
while providing a natural habitat for wildlife.
As used in this article, the following terms
shall have the meanings indicated:
Includes, but without limitation: poisoning; ringing the
tree; excessive peeling of bark; damaging, compacting or overburdening
the roots; using herbicides, or fire, or cutting, topping or pruning
in such manner as to bring about the ultimate death of such tree.
[Amended 3-16-2022 by L.L. No. 1-2022]
Includes any individual, his or her successor, assigns or
agent, and any business entity, including partnerships, corporations
or other business forms.
Any cutting, topping or pruning in excess of normal and customary
pruning necessary to preserve the health of the plant material or
maintain its ornamental quality.
[Amended 3-16-2022 by L.L. No. 1-2022]
A living woody perennial plant being either deciduous or
evergreen.
A.
No person shall remove, cut down, destroy or substantially
alter any deciduous tree in the Village which exceeds 25 inches in
circumference, or any evergreen tree which exceeds 15 inches in circumference,
measured at any point between the ground level and a height of four
feet without first filing an application with and obtaining a permit
from the Village Building Inspector and/or Village Arborist.
[Amended 3-16-2022 by L.L. No. 1-2022]
B.
No person shall remove, cut down, destroy or substantially
alter more than 12 trees, regardless of size, on any single property
within the Village during any twelve-month period without first filing
an application with and obtaining a permit from the Planning Board.
C.
Nothing in this section shall prevent the removal
of a tree which presents imminent danger to property or person. In
such event, the permission of the Village Building Inspector and/or
Village Arborist shall be obtained prior to removal.
[Amended 3-16-2022 by L.L. No. 1-2022]
[Amended 3-16-2022 by L.L. No. 1-2022]
A.
Applications for a permit shall be on forms supplied
by the Village and signed by the property owner and the person or
business entity to perform the work.
B.
The Village Building Inspector and/or Village Arborist, or the Planning Board, as the case may be, shall in his/her/their/its discretion, issue a permit provided for in § 136-5A when it finds that the requested action is necessary for public safety; to prevent the spread of disease; cutting or pruning to preserve a preferred species or fruit tree; to avoid congested overgrowth; for the removal of dead or dying trees; subject to § 136-7B as a consequence of planned construction; or subject to § 136-7C for the establishment or maintenance of a vista. In addition to the foregoing, and in rendering a decision, the Building Inspector and/or Arborist or the Planning Board, as the case may be, shall also consider the following criteria:
(1)
The
condition of the trees to be removed with respect to health and aesthetics.
The Board shall consider the potential and likelihood of the danger
to existing or proposed structures, interference with utility services
or to the property owner and guests.
(2)
Whether
alternatives are available to pursue in lieu of removal.
(3)
The
effect of the removal, destruction or alteration on the local environmental
conditions.
(4)
The
impact of any removal, destruction or alteration upon existing screening
of any neighboring property or properties and/or any road or highway
bordering the property.
C.
A copy
of the approved or disapproved permit shall be filed with the Village
Clerk.
D.
The replanting
of trees as a condition for the issuance of a tree removal permit
may be required. The size, number and type of replacement trees, along
with the designated location for planting shall be as required by
the Planning Board, Building Inspector and/or Arborist. The Planning
Board, Building Inspector and/or Arborist may require a landscape
plan, prepared by a certified landscape architect listing the replacement
plantings and their location on the property.
E.
The Planning Board may adopt rules and regulations
for efficiently discharging its responsibility under this article
and may create subcommittees or designate individual members to act
on its behalf.
A.
If any tree included in § 136-5, Regulated activities, is proposed to be removed, cut or substantially altered, the applicant shall submit a plot plan depicting the property, and a tree removal or alteration plan for the entire property, together with the required permit application. The removal, cutting or alteration plan shall be in conformity with rules and regulations adopted by the Planning Board.
B.
Construction. If any trees are to be removed, cut
or substantially altered as a consequence of any construction, whether
an addition, expansion or new structure, the Building Inspector shall
require a tree removal or alteration plan showing the location of
the trees to be removed. The plan shall be submitted to the Planning
Board simultaneously with the building permit application for review.
No cutting, removal or substantial alteration in connection with construction
shall be permitted until the plan is approved by the Planning Board.
The existing indigenous and naturalized tree canopy shall remain in
its natural state on all lots and parcels of land to the maximum extent
possible in conformity with the goals and purposes of this chapter.
C.
Vistas. If any trees are to be removed, cut or substantially altered either to establish or maintain a vista, the Planning Board shall require a tree removal or alteration plan showing all trees to be removed, cut or substantially altered on the entire lot. The Planning Board shall review the plan for consistency with the goals and purposes of this chapter, and shall issue a permit for such cutting, removal or substantial alteration only upon a finding that the establishment or maintenance of the vista is consistent with the goals and purposes enumerated in § 136-3.
