[HISTORY: Adopted by the Board of Trustees of the Village
of East Hills 3-24-2009 by L.L. No. 2-2009.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Commission for Conservation of the Environment — See Ch. 15.
Gardeners; tree services — See Ch. 107.
Parks and recreation areas — See Ch. 137.
Trees, hedges and shrubbery — See Ch. 187.
Building construction — See Ch. 223.
Environmental quality review — See Ch. 235.
Flood damage prevention — See Ch. 239.
Zoning — See Ch. 271.
[1]
Editor's Note: This local law also repealed former Ch.
186, Tree Preservation and Protection, adopted 6-18-2007 by L.L. No.
5-2007.
A.
The purpose of this chapter is to promote and protect the public
health, safety and general welfare by providing for the regulation
of the planting, maintenance and removal of trees within the Incorporated
Village of East Hills.
B.
Whereas it is in the public interest to protect the tree canopy for
current and future generations, the intent of this chapter is to prevent
the indiscriminate destruction or removal of trees within the boundaries
of the Village and to ensure the relocation or replacement of trees
which may be removed or destroyed.
C.
It is the further intent of the Village to have trees generally continue
to stabilize the soil and control water pollution by preventing soil
erosion and flooding, absorbing air pollution, providing oxygen, yielding
advantageous micro-climatic effects, have intrinsic aesthetic qualities,
preserve and enhance property values, offer a natural barrier to noise,
provide privacy, and provide a natural habitat for wildlife, and that
the removal of trees deprives the residents of the Village of these
benefits and disrupts fundamental ecological systems of which trees
are an integral part. It is the further intent of this chapter to
prevent the indiscriminate destruction or removal of trees within
the boundaries of the Village and to provide for the relocation or
replacement of trees which may be removed or destroyed.
As used in this chapter, the following terms shall have the
meanings indicated:
The owner, lessee, occupant or person in possession of any
premises in the Village, or any agent thereof, including contractors.
The appointed committee which has specific jurisdiction and
responsibilities set forth in the Code of the Incorporated Village
of East Hills. The Architectural Review Board ("ARB") may also be
composed of subcommittees as from time to time may be appointed by
the Mayor and approved by the Board of Trustees.
The diameter of a tree measured at a point four feet above
the base of the trunk.
Perimeter or distance around tree.
Includes girdling, trenching near the roots, application
of herbicides or any other practice or action which may reasonably
be expected, either immediately or within the course of time, to result
in the death of a tree, but does not include regular maintenance,
such as pruning or pollarding of a tree.
Includes the owner, lessee, occupant or person in possession
of any premises in the Village, or any agent thereof.
Any cutting, pruning, elevating or other alteration of the
habitat of a tree which impairs or endangers the life of such tree
or destroys its natural symmetry. Substantial alteration includes,
but is not limited to, destruction or removal of a tree, heavy or
unnecessary cutting of top branches (topping), cutting of major lower
limbs (severe elevating), or drastic pruning, but shall not include
customarily accepted or ornamental pruning as defined by National
Arborist Association's standards for pruning of shade trees.
Any living upright woody plant, together with its root system,
which has at least one trunk of five inches or greater in diameter
(or 18 inches in circumference) at a height of four feet above the
base of the trunk.
A written authorization by the Incorporated Village of East
Hills or its authorized committee or agent to remove a tree or trees
pursuant to this chapter of the Code of the Incorporated Village of
East Hills.
Such person as is authorized by the ARB to head up the initial
review and analysis by the Tree Subcommittee of proposals which are
submitted for review by the ARB.
A person designated by the Mayor and authorized by the ARB
to perform on-site inspections for the purpose of issuing of tree
permits under guidelines, restrictions and prohibitions contained
in this chapter and required by the ARB.
The Incorporated Village of East Hills.
A.
Authorization vested in the ARB.
(1)
Within the jurisdictional limits provided under § 186-4A, the ARB is authorized to consider, research, study, review, examine, investigate and determine the resolution of any application which is submitted under this chapter of the Code of the Incorporated Village of East Hills. Further, the review process shall conform to the rules, procedures and guidelines, whether governing hearings or otherwise, pursuant to Article XX of Chapter 271, Zoning, of the Code of the Incorporated Village of East Hills.
(2)
The ARB is authorized to establish all subcommittees which it deems
necessary and proper, including, but not limited to, the Tree Subcommittee.
However, all members shall be subject to the appointment of the Mayor
and approval of the Board of Trustees. Each subcommittee, including
the Tree Subcommittee, shall consist of three members of the ARB,
with one member appointed as the subcommittee chair.
B.
Designation of Tree Warden.
(1)
The Mayor shall appoint a code enforcement official, certified arborist
or otherwise qualified individual to perform the activities of Tree
Warden. The Tree Warden will, as an agent of the Village, be authorized
to conduct on-site inspections for the purpose of issuing tree removal
permits in cases where, in the opinion of the Tree Warden, the need
for removal is reasonable and will not have a significant impact on
the surrounding properties and the community as a whole.
A.
Jurisdiction.
(1)
An application(s), permit(s) and fees to remove or destroy trees
shall not be required, and the Architectural Review Board and the
Tree Subcommittee shall have no jurisdiction and involvement whatsoever
when the removal or destruction of trees results from either:
(b)
When the removal or destruction of trees occurs pursuant to a set of plans or drawings approved by either the Planning Board or its agent, or the Zoning Board of Appeals or its agent insofar as such plans comply with the terms of § 186-4C(1) and (2), and incorporate documentation for replacement trees and landscaping in accordance with § 186-6.
(2)
In all other cases it shall be unlawful for any person, except a
Village official or authorized agent of the Village acting on behalf
of the Village, to destroy, remove, or substantially alter any tree
within the Village without having first obtained a valid tree permit
from the ARB. This restriction extends to any tree planted within
any right-of-way required, permitted or granted under the law.
B.
Process. Every person, corporation or business seeking a tree permit shall submit to the Village a written application, a copy of which can be obtained from Village Hall, together with a filing fee as set forth in § 186-11. Each application shall include the following information:
(1)
The name and address of the applicant.
(2)
The status of the applicant with respect to the subject property
(site).
(3)
Written consent of the owner or owners of the site, if the applicant
is not the sole owner.
(4)
The name of the person preparing any map, drawing or diagram submitted
with the application.
(5)
Location of the site, including a street number and address and legal
description as shown on the Nassau County Land and Tax Map.
(6)
A diagram of the site, specifically designating the area or areas
of proposed tree removal and the proposed use of such areas, and designation
of trees to be removed.
(7)
Location of all proposed structures, driveways and paved areas on
the site.
(8)
Identification of all diseased, dead or damaged trees.
(9)
Identification of any trees endangering any roadway, pavement or
utility line.
(10)
Any proposed grade changes that might adversely affect or endanger
any trees on the site and specifications to maintain them.
(11)
The purpose of the tree removal.
(12)
The size and species of all replacement trees.
C.
In addition to the information, data and responses required in Subsection B above, the ARB, Tree Committee Chair or Tree Warden may require the applicant to submit the following:
(1)
A tree preservation plan specifying the methods to be used to preserve
all remaining trees and their root systems and the means of providing
water and nutrients to their root systems; and/or
(2)
A topographical survey of the site if development or construction
will result in change in elevation of more than three feet or if the
parcel of land is more than 1/2 acre in area.
A.
Upon receipt of an application by the ARB, the Tree Warden shall visit and inspect the site. The Tree Warden will then make a determination on whether a permit should be granted without prior ARB review. The determination by the Tree Warden will be made on the basis of whether the need for removal is reasonable and the removal will not have a significant impact on the surrounding properties and the community as a whole. The Tree Warden's decision shall have the full authority and act on behalf of the Village and the ARB. Once a decision is rendered by the Tree Warden, a determination by the Tree Warden may be appealed within 30 days after the filing of the decision with the Village Clerk to the ARB. Appeals shall be in writing, pursuant to § 186-16, and must be filed prior to the removal of the tree(s) in question, unless the removal is performed due to an emergency situation pursuant to § 186-10.
B.
Where the Tree Warden determines that the removal(s) may have a significant
impact on surrounding properties or the community as a whole, the
application shall be referred to the ARB for a determination.
C.
The Tree Warden shall prepare a brief written report for submission
to the ARB. The Tree Warden shall base his or her determination on
the following criteria:
(1)
The condition of the tree or trees with respect to disease, proximity
to existing or proposed structures and interference with utility services.
(2)
The necessity of removing the tree or trees in order to implement
the stated purpose of the application.
(3)
The effect of the tree removal on erosion, soil moisture retention,
flow of surface waters and drainage.
(4)
The number and density of trees in the area and the effect of tree
removal on other existing vegetation and property values of the neighborhood.
(5)
Whether any tree in question is a tree worthy of preservation due
to characteristics such as health, age, history, size, rarity, financial
value or visual importance to the neighborhood.
[Amended 12-17-2014 by L.L. No. 4-2014]
A.
Whenever
a tree is removed, a replacement tree shall be planted by the applicant
by the planting of a tree with a caliper of not less than three inches,
and of a type as determined by the Tree Warden or by the ARB, as the
case may be. In selecting replacements by the Tree Warden or the ARB,
priority shall be given, when conditions permit, to species of shade
trees that are native to the area.
B.
The Tree
Warden or the ARB shall have the right to waive all requirements where
it is determined that site conditions are not appropriate for the
replacement of removed trees.
C.
The Tree
Warden or the ARB shall have the right to require, in lieu of replacement
and replanting of a tree(s), the payment of a fee, as set forth from
time to time by resolution of the Board of Trustees, but not less
than $300. These funds will be paid into the East Hills Green Fund
account, with the moneys used to purchase trees, shrubs, bushes, vegetation,
flowers, plants and other fauna, and other greenery of any kind as
the Board of Trustees directs, and their planting in the community.
The Board of Trustees will administer the funds as it, in its sole
and complete discretion, determines is in the best interests of the
community.
A.
Automatic review. Any application involving two or less trees which
does not receive a response within 10 days after the application is
filed may be deemed approved. A response includes either a written
request for additional information, a written communication which
raises an issue or concern, or a notice of a meeting which is scheduled
by the Village.
B.
Maintenance of street trees.
(1)
As maintenance of the street tree canopy is vital to the character
of the Village, all property owners are required to maintain trees
that are located along Village roads adjacent to their property. Maintenance
shall include normal care and feeding, the periodic pruning to maintain
the health and viability of the trees, and the removal of trees that
are dead or dying.
A.
It shall be unlawful for any owner, lessee or occupant of any land
or any part thereof in the Village to permit or maintain on any lot
or land any trees, shrubs or bushes or parts thereof which are dead,
dangerous, or are infected or infested with organisms which cause
or tend to cause disease, destruction or damage to such trees, shrubs
or bushes by devouring the bark or foliage thereof and spread by passing
from such trees, shrubs or bushes to other trees, shrubs or bushes,
thereby causing destruction and damage to the property of others and
becoming a public nuisance. Before removal of any infested or dead
trees, a tree removal permit must be issued under the provisions of
this chapter.
B.
It shall be the duty of any such owner, lessee or occupant of land
to remove any dead, dangerous or infected trees, shrubs or bushes,
or destroy, by cutting, spraying, killing or by other effectual method,
all organisms which cause or tend to cause disease, destruction or
damage to such trees, shrubs or bushes or parts thereof as often as
may be necessary to comply with the provisions of this chapter of
the Code of the Incorporated Village of East Hills.
C.
As part of the tree removal process, the burying of tree stumps is
prohibited. All tree stumps must be ground and removed along with
all branches, leaves and trunk. Subsequent to removal, the area is
to be refilled to ground level with soil so as to prevent the creation
of a hole.
D.
Upon completion of removal of a street tree, the street must be swept
clean and all debris removed.
Upon the failure, neglect or refusal of an owner, lessee or occupant of a lot or land to whom notice is served to comply with the provisions of § 186-8 of this chapter within the time allotted after delivery of such service or mailing of such notice, the Tree Subcommittee Chair or other duly appointed officer or employee of the Village shall cause such trees, limbs or organisms to be removed or destroyed by cutting, spraying, killing or by other effectual method, and the actual cost or additional cost in connection therewith shall be certified by the Tree Subcommittee Chair or other duly appointed officer or employee of the Village to the Village Clerk and shall, as soon as the work is completed, become a lien upon the property on which such infestation was located, and shall be added to and become and form a part of the taxes from the date of such certification to the Village Clerk next to be assessed and levied upon such lot or land, and shall bear interest at the same rate as taxes, and shall be collected and enforced in the same manner as taxes.
In the event of an emergency, all necessary and proper action
may be taken with regard to the removal of trees by a resident to
ensure the safeguarding of family and property. In this event there
shall be no fee charged for the removal but replacement may be deemed
necessary by the ARB. The burden of proof shall be on the resident
to prove that an emergency existed, that appropriate, measured and
necessary action was taken, and that professional and expert services
were utilized. Failure to prove an emergency existed and that fair
and necessary action was taken will result in the full imposition
of fines and penalties, together with any other action required in
the Code of the Incorporated Village of East Hills.
[Amended 11-18-2012 by L.L. No. 5-2012]
A.
A nonrefundable
filing fee of $25 shall accompany each tree removal application filed
with the Village. Additionally, a permit fee of $100 per tree shall
be due when and if a tree removal permit is issued. Fees will not
be charged for trees which are demonstrably dead or dangerous.
B.
In addition,
whenever an inspection by a professional arborist is required by the
Architectural Review Board and a report is necessary, a fee of $100
shall be charged to the applicant. Whenever extensive efforts are
required, additional fees may be charged to the resident applying
for the permit.
A.
The ARB or the Tree Subcommittee Chair, if so designated by the ARB,
may regularly require the inspection of trees within the Village.
The ARB or the Tree Subcommittee Chair, if so designated by the ARB,
may hire a qualified tree surgeon or arborist to inspect trees within
the Village and may request confirmation of any findings by another
qualified tree surgeon or arborist. If the ARB or Tree Subcommittee
requests the opinion of an expert, whether for the purpose of a hearing
or any other reason whatsoever, the costs and expenses of an expert
shall be borne by the applicant.
B.
If an owner, lessee or occupant of a lot or land in the Village does not comply with the provisions of § 186-4, the ARB (or the Tree Subcommittee Chair) shall serve or cause to be served a written notice upon the owner, lessee or occupant of such lot or land, requiring such person to comply with the provisions of § 186-4 within a period of 30 days (or such longer period as the ARB may determine is appropriate). If such person is a nonresident of the Village, the ARB shall mail or cause to be mailed such written notice to the last known address of such person as the same may appear on the most recent Village tax records.
C.
Unless the person to whom such notice is served requests a hearing
before the assessment roll with the ARB within the time directed to
perform said work, such person shall take corrective action within
the time allotted. If a hearing is properly requested, the ARB shall
grant such hearing and determine whether the Village's notice
should be enforced, modified or rescinded.
D.
The ARB may deny a hearing and direct immediate compliance if it
determines that an immediate danger exists to the health, safety and
welfare of the Village and its residents.
E.
The penalties for offenses under this chapter of the Code are as
follows:
(1)
Any person who violates any of the provisions of this chapter shall
be subject to a fine of $1,000 per tree that has been destroyed or
removed without application and approval.
(2)
The failure to comply with any directive given by the ARB shall be
punishable by a fine of $1,000 per day for each and every day the
directive by the ARB is not obeyed.
(3)
The destruction or substantial alteration of each tree shall be considered
a separate offense under this chapter.
(5)
In addition to all other remedies provided under this chapter and
penalties imposed, any owner of real property who has violated or
permitted a violation of this chapter may be directed by the ARB to
replace any tree or trees with new and, if required, different species
of trees, which are of any type and any size deemed fair and equitable
in the sole discretion of the ARB. No demolition or building permit
or certificate of occupancy shall be issued for structures upon said
real property until such replacement has been completed.
(6)
In addition to all other remedies provided under this chapter and
penalties imposed, any building permit or demolition permit of any
violator of this chapter of the Code may have any permit, license
or permission revoked.
The ARB may waive any of the requirements, standards, procedures or mandates contained in this Chapter 186 of the Code of the Incorporated Village of East Hills. The waiver may be based on any action taken or to be taken which is in the interest of justice and fairness, whether for a hardship or otherwise, which the ARB deems fair, appropriate and necessary under the circumstances. An application, in writing, must be sent to the ARB containing the facts, information, circumstances and proof of any extenuating situation or need.
The provisions of this chapter shall not apply to the removal
of trees on public rights-of-way conducted by or on behalf of a federal,
state, county, municipal or other governmental agency in pursuance
of its lawful activities or functions in the construction or improvement
of public rights-of-way.
The Tree Warden or Tree Subcommittee Chair shall have the authority
to make any decision pursuant to this chapter with respect to any
application involving a permit for the removal of trees.
A.
Any applicant aggrieved by any decision of the Tree Warden or Tree
Subcommittee Chair may appeal to the ARB. Such appeal shall be taken
within 30 days after the filing of the decision with the Village Administrator.
The ARB may reverse, modify or affirm the action of the Tree Subcommittee
Chair.
B.
Any applicant aggrieved by any decision of the ARB may appeal to
the Zoning Board of Appeals of the Village, in the same manner and
upon the same criteria as is provided for use variances. Such appeal
shall be taken within 30 days after the filing of the decision with
the Village Administrator. The Zoning Board of Appeals, after proceeding
in the same manner as is provided for use variance applications, may
reverse, modify or affirm the action of the ARB.
