[Adopted 1-23-2003 by L.L. No. 2-2003 (Ch. 42A of the 1972
Code)]
A.
The Village of Malverne finds that the existence of trees within
the Village makes a fundamental contribution to the health, safety
and general welfare of Malverne citizens. Trees, in addition to their
aesthetic benefits and temperature moderation, are essential to habitat,
wildlife, energy conservation, and the healthy ecology of the area,
and these benefits to the community and environment increase as trees
mature. Maturation of trees protects surface water quality, provides
shade, offers windbreaks, reduces soil erosion and flooding, offers
a natural barrier to noise and, together with shrubs, enhances the
natural beauty and appearance of the Village, and preserves its historic,
nonurban character.
B.
Indiscriminate damage to and destruction of trees, especially mature
and/or specimen shrubs and trees, causes barren and unsightly conditions,
increases surface drainage problems, increases municipal expense to
control drainage, impairs the stability and value of developed and
undeveloped property, and adversely affects the health, safety, environment,
ecosystem, and general welfare of the inhabitants of the Village of
Malverne. The unregulated destruction of trees contributes to the
degradation of the natural beauty, environmental quality and historic
character of the Village.
C.
This article seeks to promote the benefits described above by promoting
a healthy and mature tree and shrub population throughout the Village
for the benefit of its citizens and the environment.
As used in this article, the following terms shall have the
meanings indicated:
An arborist or firm certified by the International Society
of Arboriculture, one of its chapters, or another nationally recognized
arboricultural organization.
A quality of protected trees or shrubs that may cause them
to have a special role in the historic character of the Village, and
an incomparable or irreplaceable aesthetic benefit to the community
or environment, or may be listed as a rare or endangered plant species
on federal, state or other accredited plant registries.
Any established shrub with a height and/or spread of six
feet or more that has been found by the Board of Trustees, upon recommendation
by the Tree and Beautification Committee and after public hearing,
to have historic or unique value to the Village as defined herein.
Any deciduous or evergreen perennial plant, usually having
one main stem or trunk and more or less definitely formed, whose trunk
has a diameter of nine inches or more (28 inches in circumference)
at a height of four feet measured from the uphill side. Protected
trees shall also include any tree, regardless of size, that has been
found by the Board of Trustees, upon recommendation by the Tree and
Beautification Committee and after public hearing, to have historic
or unique value to the Village as defined herein.
A permit duly issued by the Village Clerk or designee pursuant
to the terms of this article.
A.
No person, firm, corporation or individual shall purposely, carelessly
or negligently cut down, kill or otherwise destroy any protected tree
or shrub or take any action that will result in the cutting down,
killing or otherwise destroying of any protected tree or shrub without
first obtaining a tree removal permit.
B.
The provisions of Subsection A above shall not apply, however, if destruction of any protected tree or shrub is necessary in response to an emergency caused by an act of God or to protect the health and safety of persons or property as determined by one or more members of the Tree and Beautification Committee. If the destruction of a protected tree or shrub is necessary to protect against an immediate threat to the health and safety of persons or property, and a determination of such threat cannot be made in a timely fashion by one or more members of the Tree and Beautification Committee, then such protected tree or shrub may be destroyed or removed; provided that within five days of taking such action the Village Clerk is notified in writing that such action has taken place. Such notice shall contain, at a minimum, a completed tree removal permit application form as prescribed by the Village Clerk, and a complete explanation of the circumstances and conditions that gave rise to the emergency removal. Any removal of a protected tree or shrub based on an unreasonable reliance on the emergency provisions contained herein, as determined by the Village Clerk, may subject the person removing or destroying such protected tree or shrub or the person causing such removal or destruction to the restoration requirement of § 540-24 and/or the penalties provided in § 540-26.
C.
Notwithstanding any other provision of this article, where protected
tree or shrub removal is proposed in connection with any site plan
or subdivision application submitted to the Planning Board, Board
of Zoning Appeals and/or Architectural Review Board for approval,
protected trees or shrubs may be removed from the affected property
only in conjunction with and subsequent to the approval by the Planning
Board, Board of Zoning Appeals and/or Architectural Review Board of
a final subdivision plat or final site plan. The Planning Board, Board
of Zoning Appeals and/or Architectural Review Board applicant shall
not be required to obtain a tree removal permit. Rather, the Planning
Board, Board of Zoning Appeals and/or Architectural Review Board,
in connection with any site plan or subdivision application, may approve
or disapprove the removal of protected trees or shrubs on such terms
and conditions as it may prescribe, including but not limited to requiring
the planting of trees or shrubs to replace protected trees or shrubs
removed from the affected property as a condition of a final site
plan or subdivision application, moving or relocating proposed structures
to preserve trees or shrubs that the Planning Board, Board of Zoning
Appeals and/or Architectural Review Board deems to have particular
value. The Planning Board, Board of Zoning Appeals and/or Architectural
Review Board may refer such subdivision or site plans to the Tree
and Beautification Committee for its recommendations with regard to
the proposed removal of protected trees or shrubs or their protection
and preservation. If such referral is made, the Tree and Beautification
Committee shall respond to the Planning Board, Board of Zoning Appeals
and/or Architectural Review Board within 21 days.
D.
If the Building Inspector, Superintendent of Public Works or any
other Village employee, in the course of their duties, becomes aware
of a plan that may result in a violation of this article, notice of
such plan shall promptly be made to the Tree and Beautification Committee.
A.
Permits for the removal of protected trees or shrubs may be granted
under the following circumstances:
(1)
That the protected trees or shrubs are dead or diseased to the extent
that they cannot, or should not, consistent with good and accepted
arboricultural practices, be saved, or that the removal of the protected
trees or shrubs is otherwise necessary due to their health or physical
condition, according to good and accepted arboricultural practices.
To this effect, a written statement of a certified arborist, obtained
and paid for by the applicant, may be required by Tree and Beautification
Committee of any applicant who proposes to destroy any protected tree
or shrub.
(2)
That the presence of protected trees or shrubs causes undue hardship
or danger for the person or property of the owner, or danger to the
public, to public property or to the person or property of an adjoining
property owner. Such danger shall include damage caused to any public
sidewalk and/or roadway which may cause a tripping hazard.
(3)
That protected trees or shrubs are within 10 feet of the perimeter
of existing or planned buildings or structures for which a valid building
permit or certificate of occupancy has been issued.
(4)
That protected trees or shrubs substantially interfere with a permitted
and intended use of the property.
(5)
That the property owner has an approved permit to fill or relandscape,
and that such filling or relandscaping, in the opinion of the Tree
and Beautification Committee, shall lead to the demise of protected
trees or shrubs.
B.
The Village may, as a condition to granting the application for a permit, require the applicant to replace any protected tree or shrub which is the subject of the application with a replacement tree or shrub under conditions specified in the issued permit. Such replacement shall be performed in accordance with the provisions of § 540-24, Subsections B, C, and D.
A.
All applications for tree removal permits hereunder must be made
in writing upon forms prescribed by the Village Clerk by the owner
or duly authorized representative of the owner of the property on
which such protected tree or shrub is located. There shall be no fee
associated with such a permit application.
C.
The application shall include the types and sizes of trees or shrubs
to be removed and destroyed, the reasons for removing or destroying
said trees or shrubs, and a plan clearly indicating the location of
the property and the trees or shrubs to be destroyed.
D.
Where five or more tree cuttings are planned for relandscaping, a
landscape design plan indicating the species and location of replacement
plantings must also be attached to the application. If 10 or more
protected tree or shrub cuttings are planned, the applicant may be
required to pay for an inspector, to be assigned by the Village, to
supervise the orderly development of the land and ensure the protection
of the trees.
E.
The applicant may be required to furnish additional relevant information
if necessary to a determination of the permit application.
F.
The application for a permit shall provide for the permission of
the property owner for members of the Tree and Beautification Committee
to enter onto the applicant's property and inspect protected
trees or shrubs to be destroyed, and such member(s) may be accompanied
by a certified arborist. In the event of such an inspection, protected
trees or shrubs to be destroyed shall be clearly identified with a
bright-colored ribbon, spray paint or other identifying mark. Such
on-site inspection shall be conducted at a reasonable time, and no
more than three such on-site inspections shall occur without the subsequent
approval of the property owner.
G.
Within 40 days from the date a complete application is submitted,
the Tree and Beautification Committee shall make its decision on the
application and the Village shall thereupon issue or deny the permit
request. The failure to act upon the application for a tree removal
permit within 40 days shall be deemed a granting of the tree removal
permit.
H.
The Village may revoke any duly issued tree removal permit if the
work proposed in the application is not proceeding in an orderly and
diligent manner, in accordance with good and acceptable arboricultural
practice, or if destruction of protected trees or shrubs not proposed
in the tree removal permit is undertaken.
A.
All persons who remove or cause to be removed protected trees or shrubs without first obtaining the required permit under this article may be required by the Village to plant one or more replacement trees or shrubs on the property which are of like kind, quality and size. When like-sized replacement is not practical, replacement with a specific quantity of smaller-size trees or shrubs may be required. When restoration is determined by the Village to be impractical or undesirable, an additional fine may be imposed in accordance with the provisions of § 540-26.
B.
All restorative work shall be done in accordance with good and acceptable
planting and tree surgery practice.
C.
All trees that fail to survive as a result of the restoration work required under this section for a period of two calendar years following planting shall be replaced by the owner of the land. Said replacement shall be within 60 days following written demand from the Village for such replacement, or within an extended period of time as may be specified. Should the property owner fail to replace the trees pursuant to demand within the required period of time, the Village has the right to impose penalties as set forth in § 540-26 of this chapter.
D.
All tree planting, tree dressing and associated restoration work
must be substantially completed within six months from the date of
issuance of the decision of the Tree and Beautification Committee;
except that the time may be extended by the Building Inspector, whose
decision shall be subject to appeal to the Board of Zoning Appeals.
No certificate of occupancy shall be issued by the Building
Inspector until all tree planting, tree dressing and associated restoration
work shall be completed to the reasonable satisfaction of the Building
Inspector or designee. In the event seasonal planting requirements
prevent the timely completion of all planting and restoration work,
the Building Inspector may issue a certificate of occupancy together
with prescribed conditions.
Any person, corporation, company, partnership, firm or other
legal entity violating any of the provisions of this article shall
commit an offense, the fine for which shall not exceed $250 for each
offense. The removal, destroying or killing of each protected tree
or shrub shall constitute a separate offense. In addition, any person,
firm or corporation violating any provision of this article may be
required to replace such protected tree or shrub with one of similar
size and quality as provided in this chapter. When restoration is
determined by the Village to be impractical or undesirable, an additional
fine may be imposed in an amount not to exceed $1,000.
No Village department, agency, commission or authority in the
Village of Malverne, or any employee of the Village, or any firm or
individual retained by the Village shall propose to or shall cut down,
kill or otherwise destroy more than 10 protected trees or shrubs in
any Village park or on other Village property, with the exception
of Village highways, within the Village of Malverne, without first
providing written notice to the Village Board of Trustees. The Board
of Trustees may consult the Tree and Beautification Committee and
ask for its recommendation on the destruction of said protected trees
or shrubs, and the determination of the Village Board of Trustees
concerning their destruction shall be final.
Any property owner who is the subject of any decision under
this article by the Tree and Beautification Committee, the Village
Clerk or the Building Inspector may, within 30 days of receiving such
decision, appeal such decision to the Village Board of Zoning Appeals.
The decision of the Village Board of Zoning Appeals on any such appeal
shall be deemed to be the final decision of the Village of Malverne.
Nothing in this article should be construed to interfere with
the right of any public utility to enforce or act with any preexisting
utility easements created by law or agreement.
Unless otherwise provided, the provisions of this article shall
be administered and enforced by the Superintendent of Public Works,
Building Inspector, Deputy Building Inspector, Interim Building Inspector,
and/or Assistant Building Inspector. Violators are subject to court
action.
A.
Whenever any provision of this article on tree removal is in conflict
with any other provision of this chapter or any other statute or local
law applicable or covering the same subject matter, the most restrictive
provision or the one imposing the highest standard shall govern and
be supreme.
