[HISTORY: Adopted by the Board of Trustees of the Village
of Cove Neck 3-22-2022 by L.L. No. 2-2022. Amendments noted where applicable.]
A.
The Board of Trustees of the Village of Cove Neck has determined
that there is a direct relationship between the maintenance and preservation
of existing trees and the natural, scenic and aesthetic values enjoyed
by Village residents that warrants protection. The Board of Trustees
finds that the maintenance and preservation of existing trees reduces
noise, provides welcome shade to Village properties, preserves the
air quality, stabilizes the soil, prevents and reduces soil erosion
and provides a welcome natural habitat for wildlife, and is generally
environmentally positive. The Board of Trustees further finds that
the existing trees along the Village's public and private roads
provide for the Village's bucolic and rural atmosphere and warrant
protection and preservation.
B.
The indiscriminate destruction and unregulated removal of trees on
all properties in the Village threatens the overall benefits that
would be derived from preserving, protecting and maintaining trees
in the Village. Accordingly, the Board of Trustees believes that in
order to protect the health, safety and general welfare of the Village
residents and preserve and protect the essential character of the
Village, regulation of the removal of trees shall be adopted.
As used in this chapter, the following terms shall have the
meanings indicated:
The owner, or its duly authorized agent, that seeks a tree
removal permit within the boundaries of its property pursuant to the
provisions of this chapter. A contract-vendee or lessee of real property
may only apply for a tree removal permit with the owner's written
permission.
Acceptable pruning standards are as set forth in ANSI A300
(Part 1) - 2017 Pruning, published by the Tree Care Industry Association,
Inc., currently contained in Exhibit I.[1] In the future, these standards may be revised from time
to time and the most current standards shall be applied.
A specialist certified by ISA (International Society of Arboriculture),
a national organization in the care and maintenance of trees and shrubs.
Includes, but without limitation, tree removal; poisoning;
ringing the tree; excessive peeling of bark; damaging, compacting
or overburdening the roots; using herbicides or fire; or excessive
pruning or cutting in such manner as to bring about the ultimate death
of such tree.
Includes any individual, firm, partnership, association,
corporation, company, public agency, public utility or organization
of any kind and its successor or agent thereof.
A deciduous or evergreen woody perennial plant which is seven
inches or more by caliper or 22 inches in circumference at a height
of four feet, six inches above the ground.
Any tree that has been individually designated by the Village
Board of Trustees or Arborist to be notable by virtue of its outstanding
size and quality for its particular species.
Includes, but is not limited to, tree removal, excessive
or improper cutting, topping or pruning of trees that does not follow
acceptable pruning standards. "Substantially alter" does not include
periodic trimming, shaping, thinning or pruning of a tree to preserve
or protect its health, growth or appearance, provided it is in full
compliance with nationally recognized horticulture standards and practices.
The severe cutting back of limbs to stubs larger than three
inches in diameter within the tree's crown to such a degree so
as to remove all or part of the normal canopy and disfigure the tree.
An individual or firm appointed by the Board of Trustees.
The Village of Cove Neck.
[1]
Editor's Note: Exhibit I is on file in the Village offices.
A.
It shall be unlawful for any person, including a property owner,
to remove, cut down, destroy or substantially alter, or to allow or
permit to be removed, cut down, destroyed or substantially altered,
any protected tree (see definition above), unless a tree removal permit
has been issued by the Village pursuant to this chapter.
B.
A tree removal permit is not required if the Mayor or Tree Warden
declares an emergency situation. "Emergency" shall be defined as one
where there is an imminent danger to person or property that requires
immediate action to address.
A.
This chapter shall be administered by the Village Tree Warden and,
as provided herein, the Board of Trustees. The Board of Trustees may,
by resolution, adopt rules, regulations and guidelines for efficiently
discharging their duties and that of the Village Tree Warden in the
application of this chapter.
B.
The Board of Trustees may, upon the recommendation of the Tree Warden,
retain the services of a professional arborist regarding the advisability
of tree removal or to assist in determining whether a tree is substantially
altered. The cost of such professional services shall, in all cases,
be paid by the applicant in addition to any permit fee.
C.
The Tree Warden may approve, deny or modify a tree removal permit.
If the Tree Warden denies a tree removal permit, he must set forth
his grounds. The Tree Warden may impose reasonable conditions to any
tree removal permit, including, but not limited to, the planting of
replacement trees or, in lieu of planting replacement trees, the payment
of a fee to the Village as set forth herein.
A.
The application for a tree removal permit shall be made on the form
provided by the Village and shall include the following information:
(1)
The name and address of the applicant and the owner of the real property.
(2)
Written consent of the owner or owners of the real property if the
applicant is not the owner.
(3)
Location of the property, including a street number and address,
and Tax Map designation.
(4)
Purpose for the proposed protected tree removal or alteration.
(5)
Site of the proposed protected tree removal or alteration, as noted
on a sketch.
(6)
The size, species and planting location of all proposed replacement
trees.
B.
If required by the Tree Warden, a plan of the property indicating
some or all of the following:
(1)
Property boundary lines, noting locations of adjoining property owner
structures.
(2)
The location of any existing and proposed improvements and structures
on the real property.
(3)
An outline of existing heavily wooded areas on the site, showing
the tree type and range of sizes.
(4)
Location and label of the protected trees to be removed and those
protected trees to be maintained, all trees to be identified by size
and species.
(5)
Any additional information that the Tree Warden may reasonably deem
necessary for evaluation of the application.
C.
The decision of the Tree Warden shall be based upon the following
criteria:
(1)
The condition of the protected trees to be removed with respect to
the trees' condition and structure, the potential and likelihood
of danger to existing or proposed structures, the trees' interference
with utility services or the danger they present 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 ecological
systems.
(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.
D.
No tree removal permit is required for any protected trees that are
to be removed due to construction for which a Village building permit
has been issued.
E.
A tree removal permit shall have a duration of 90 days from the date
of issuance.
F.
Tree permit fee: See Code § 65-7T.
A.
The Tree Warden may require the replanting of trees as a condition
for the issuance of a tree removal permit. The size, number and type
of replacement trees, along with the designated location for planting,
shall be as required by the Board of Trustees with input from the
Village Arborist and Tree Warden. The Trustees may require a landscape
plan, prepared by a New York State registered landscape architect
listing the replacement plantings and their location on the property.
As a condition to a tree removal permit which requires the replanting
of trees, the Trustees may require a tree planting deposit, in an
amount determined by the Trustees, to insure the planting of the required
replacement trees. This deposit will be refunded upon the Tree Warden
certifying that the required replanting has been completed according
to the approved plan.
B.
If recommended by the Tree Warden and approved by the Board of Trustees,
in lieu of replanting, the owner can contribute to the Village beautification
fund an amount set by the Board of Trustees not to exceed $300 per
tree for all removed trees not replanted.
A.
Any person aggrieved by any act or determination of the Tree Warden
or Board of Trustees shall have the right to appeal to the Board of
Zoning Appeals, and its decision shall be final and conclusive.
B.
All appeals shall be in writing, stating the decision appealed from
and reasons for the appeal.
A.
Each protected tree removed, cut down, destroyed or substantially
altered in violation of this chapter shall be a separate violation.
B.
Any person committing, allowing, permitting or directing any offense of the provision of this chapter, or any regulation duly established by resolution of the Board of Trustees, shall, upon conviction, be punishable and responsible for the following minimum fines: for the first three protected trees substantially altered, $500 per protected tree, and $1,000 per protected tree in the event more than three protected trees were substantially altered. In addition to the imposed fine under § 160-8, a tree removal permit must then be obtained pursuant to and subject to all conditions and requirements of Chapter 160, including the payment of the required permit fee and the imposition of the planting of replacement trees or payment in lieu as determined by the Tree Warden.
The Tree Warden, Village Building Inspector, the Code Enforcement
Officer, or an authorized peace officer are hereby vested with the
authority to enforce the provisions of this chapter and stop all tree
work in violation of this chapter.
Every property owner in the Village shall be responsible to
maintain all trees on their property, regardless of size, in such
condition that they do not constitute a hazard and/or danger to the
those traveling on either a public or private road in the Village.
After receiving written notification from the Tree Warden that a dangerous
tree or trees are on the owner's property that constitute a hazard
and/or danger to those traveling on either a public or private road
in the Village, the property owner shall immediately remove the tree
constituting the danger, or provide the Tree Warden with a certification
from an SA-certified arborist that the tree is not dangerous within
five days of receiving notification. Failure to take either action,
the Village will have the dangerous tree or trees removed and all
costs incurred by the Village will be deemed a lien against the property
and included in the next property owner's Village tax bill.
