[HISTORY: Adopted by the Board of Trustees
of the Village of Manorhaven 3-19-2008 by L.L. No. 2-2008.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Landscapers — See Ch. 85.
Subdivision of land — See Ch. 133.
Zoning — See Ch. 155.
[1]
Editor's Note: This local law also superseded
former Ch. 143, Trees, adopted 6-14-1967 by Ord. No. LI, as amended.
A.
The Board of Trustees hereby finds that trees provide
a natural habitat for the wildlife in our area, absorb air pollution,
provide us with oxygen, deter soil erosion and flooding and offer
a natural barrier to noise. In addition, the preservation and planting
of trees, shrubs, and associated vegetation in sufficient numbers
in the Village provides for and protects the health, safety, and welfare
of Village residents. Further, trees also aid in the stabilization
of soil and the control of water pollution by preventing soil erosion
and flooding. 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.
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 Village.
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.
The duly elected members of the Board of Trustees, including
the Mayor, of the Incorporated Village of Manorhaven.
The Building Inspector of the Village.
Any person authorized by the Village to issue a summons for
a violation of the Village Code.
The natural growing characteristics of any tree which includes
branch spread and distribution, branch height above ground, and root
spread and distribution.
Any individual, firm, partnership, association, corporation,
company, public agency, public utility, or other legal entity or organization
of any kind.
All real property that is held in private ownership.
All real property located within the Village that is:
All real property, public and private, within the Village.
Any tree located along the side of a street between the street
curb and the closest private property line.
Any cutting or drastic pruning or elevating the habit of
a tree which impairs or endangers the life of such tree or destroys
its natural symmetry and shall include, but not be limited to, heavy
or unnecessary cutting of top branches and cutting of major lower
limbs.
A tree with a diameter of six inches or more at a point which
is four feet above grade at the base of the tree; or, in the case
of a tree that, without a permit issued pursuant to this chapter,
has been cut or removed so that the foregoing cannot be determined
beyond a reasonable doubt, any such tree that shall have a diameter
of six inches or more at any point.
A person or persons to whom the Board of Trustees, by resolution,
has delegated the authority to review and determine applications made
pursuant to this Chapter, and to exercise such other authority as
granted herein.
[Added 8-18-2016 by L.L.
No. 9-2016]
The Village of Manorhaven.
[Amended 8-18-2016 by L.L. No. 9-2016]
A.
It shall be unlawful for any person without a permit to cut down,
remove, or destroy any tree or substantially alter the habit of any
tree within the Village unless prior approval has been granted by
the Board of Trustees or the Tree Warden and a permit has been issued
by the Building Inspector.
B.
It shall be unlawful for any person who owns or occupies any real
property to cause, suffer, permit, or allow the cutting down, removal,
or destruction of any tree or the substantial alteration of the habit
of any tree on real property, unless prior approval has been granted
by the Board of Trustees or the Tree Warden and a permit has been
issued by the Building Inspector.
[Amended 8-18-2016 by L.L. No. 9-2016]
A.
Application for a permit shall be made to the Tree Warden or, in
the absence of a Tree Warden, to the Board of Trustees.
B.
The application shall be made on such form as may be prescribed by
the Board of Trustees and shall include, but not be limited to, the
following:
(1)
The name and address of the applicant.
(2)
The name and address of the owner of the property.
(3)
The purpose of the proposed removal or alteration.
(4)
The site of the proposed removal or alteration.
(5)
The location and size of the tree to be removed.
(6)
The condition of the tree with respect to disease, hazard, proximity
to existing or proposed structures, and interference with utility
services, said condition to be certified or attested to by a certified
arborist, licensed professional and/or an authorized representative
of a public utility.
(7)
The recommendation of a certified arborist or the tree service that
will be performing the removal. Only a certified arborist or experienced
tree service shall be permitted to remove or substantially alter the
habit of a tree within the Village. Any proposed tree service shall
be required to provide satisfactory proof of its experience upon request.
(8)
The written and acknowledged authorization of the owner of the property.
C.
The application shall be determined based upon the following criteria:
(1)
The condition of the tree with respect to disease and danger of falling,
proximity to existing or proposed structures, and interference with
utility services.
(2)
The necessity of the removal or alteration of the tree in question.
(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.
(6)
The noteworthiness of the tree to the character of the community
based upon, among other things, its size, species, and location.
D.
The Board of Trustees or Tree Warden may, in granting any application
to remove or alter a tree, condition such grant upon the immediate
replacement of such tree by one or more trees, in total caliper substantially
the same as the tree being replaced, of the same or similar species,
or such other reasonable condition or conditions that are directly
related to and incidental to the proposed removal or alteration of
the tree.
E.
The Board of Trustees or Tree Warden may determine to grant, deny
or grant with conditions any application for approval to remove a
tree.
[Amended 8-18-2016 by L.L. No. 9-2016]
A.
If the Board of Trustees or Tree Warden shall grant or grant with
conditions an application for the removal of a tree or trees, the
applicant must obtain a permit for removal of the tree or trees from
the Building Inspector.
B.
It shall be the responsibility of the Building Inspector to insure
that the applicant complies with the terms of the approval and any
conditions placed thereon.
C.
Any permit issued hereunder may be revoked and all work authorized
by said permit may be halted if the Building Inspector shall find
that the permit and/or Board of Trustees or Tree Warden approval 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.
D.
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.
[Amended 8-18-2016 by L.L. No. 9-2016]
A.
The application fee herein shall be determined 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 except with
respect to trees that the Tree Warden or Building Inspector determines
are either substantially dead or are so diseased, damaged, uprooted
or otherwise affected that they are, or may reasonably be believed
to soon become, a danger to persons or property.
B.
The owner or person in control of real property shall keep trees
trimmed so that overhanging limbs and vegetation do not interfere
with the use of sidewalks or roadways by the public. Such limbs shall
be trimmed not less than eight feet above the center of the sidewalk
and 13 feet above the roadway measured five feet from the curbline.
C.
The owner or person in control of real property shall also keep trees
on his or her property or in the right-of-way adjoining his or her
property trimmed so that overhanging limbs and vegetation do not endanger
an adjoining property owner's home or accessory structures.
D.
Whether a tree poses a danger to an adjoining property shall be in the discretion of the Tree Warden or Building Inspector. The Tree Warden or Building Inspector shall issue a written determination and direct the corrective measures to be taken within a time period specified in the decision, but in no event more than 30 days. Failure to comply with the direction of the Tree Warden or Building Inspector shall be punishable under § 143-12 of this chapter.
A.
Private property; when directed by Building Inspector.
(1)
Any tree growing on real property which constitutes
a danger to a public street or public place or the public using the
same or which in any way endangers the usefulness of a public sewer
or utility lines, or which by reason of infestation or blight endangers
other trees in the Village, or which constitutes a danger to life
and/or property to private property, including, but not limited to,
the property of the owner of the tree and/or such owner's immediate
neighbors, shall be removed or the habit thereof altered by the owner
of said real property as directed by the Building Inspector.
(2)
In the event that the property owner fails to comply
with the directive of the Building Inspector within the time specified
by the Building Inspector, the Village may then take the action directed
by the Building Inspector and assess the cost thereof against the
property owner. If the assessment is not paid within 30 days of demand,
the Village may add such assessment to the Village's annual real estate
taxes for the subject real property and collect such sum as a special
assessment and as a part of said Village taxes, including all penalties
and interest thereon as apply to such real estate taxes.
(3)
The directive from the Building Inspector 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.
[Amended 10-26-2022 by L.L. No. 16-2022]
(1)
Except
when authorized by the Mayor in the case of an emergency, no tree
on Village property shall be taken down without the consent of the
Board of Trustees. With regard to such trees, no such consent shall
be given until notice of the intent to remove any such tree has been
filed with the Clerk, whereupon an application fee shall be paid.
Upon payment in full of the necessary fee, and approval of the application
and issuance of the permit, the applicant will be provided with a
listing of the Village-approved replacement trees.
(2)
No
tree removal shall be undertaken on Saturday, Sundays, or legal holidays.
A.
The owner or person in control of real property shall
keep trees trimmed so that overhanging limbs and vegetation do not
interfere with the use of sidewalks or roadways by the public. Such
limbs shall be trimmed of not less than eight feet above the center
of the sidewalk and 13 feet above the roadway measured five feet from
the curb line.
B.
The owner or person in control of real property shall
also keep trees on his or her property or in the right-of-way adjoining
his or her property trimmed so that overhanging limbs and vegetation
do not endanger an adjoining property owner's home or accessory structures.
C.
Whether a tree poses a danger to an adjoining property shall be in the discretion of the Building Inspector. The Building Inspector shall issue a written determination and direct the corrective measures to be taken within 30 days of the decision. Failure to comply with the direction of the Building Inspector shall be punishable under § 143-11B of this chapter.
[Amended 8-18-2016 by L.L. No. 9-2016]
A.
Anyone wishing to replace a street tree that has been felled may
do so with the permission of the Tree Warden or Building Inspector.
In doing so, such person will be given a list of the acceptable trees.
If a homeowner wishes to plant a street tree, and does so, it will
be such person's sole responsibility to care for said tree.
B.
Any person who cuts down, removes, or destroys a tree or substantially
alters the habit of a tree and any person who solicits, requests,
commands, importunes, or intentionally aids another person to engage
in such conduct and any owner or occupant of real property who causes,
suffers, or permits a tree on said property to be cut down, removed,
or destroyed without first receiving a permit to do so shall immediately
replace the same, substantially in kind, as directed by the Tree Warden
or Building Inspector. Such replacement, in the sole discretion of
the Tree Warden or Building Inspector, may be by one or more trees,
in total caliper substantially the same as the tree being replaced,
of the same or similar species.
C.
Where the Board of Trustees, Tree Warden, or the Building Inspector
directs the replacement of a tree that has been removed, the individual
responsible for the replacement of such tree shall post a bond in
the estimated amount of the replacement cost, including installation,
for the faithful performance of the obligation to replace said tree.
A.
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 six inches for each one inch of the tree's diameter
at a point one foot above grade at the base of the tee, or four feet.
B.
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 the Building Inspector finds that distance, existing
natural features, or man-made structures afford adequate protection
for such tree or trees.
C.
No person shall conduct any demolition, excavation,
grading, or construction activity on real property without erecting
and maintaining thereon the fences above required.
[Amended 8-18-2016 by L.L. No. 9-2016]
A.
Any person aggrieved by an act or determination of the Tree Warden
or Building Inspector in the exercise of the authority granted in
this chapter shall have the right to appeal to the Board of Trustees,
the decision of which shall be final and conclusive.
B.
In exercising its authority hereunder, the Board of Trustees shall
have the same authority to impose conditions as the Tree Warden or
Building Inspector.
C.
An appeal shall be in writing, stating the decision appealed from
and the reasons for the appeal.
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.
B.
Penalties.
(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)
A fine of not more than $2,000 but not less
than $250 for each tree illegally removed, destroyed or substantially
altered; a fine of not more than $2,000 but not less than $250 for
each replacement tree not planted; and a fine of not more than $2,000
but not less than $250 for any other such violation; 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.
C.
Injunctive relief. In addition to the aforementioned
penalties, in the event of an emergency, the Mayor may authorize the
Village Attorney to commence an injunctive proceeding to prevent the
removal or destruction of trees.
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.
