East Williston City Zoning Code
ARTICLE XV
Trees
§ 160-63 Findings.
The Board of Trustees hereby finds that the indiscriminate and excessive cutting of trees, or a specimen tree, may result in erosion and impair the natural scenic and aesthetic qualities of the environment in the Village. It is further found that, by regulating tree cutting, the Village will preserve the bucolic and rural atmosphere of the community, provide a natural habitat for wildlife and further enhance the environment by reducing noise, providing shade, improving air quality, stabilizing the soil and preventing soil erosion and flooding.
§ 160-64 Definitions.
As used in this article, the following terms shall have the meanings indicated:
Includes, but without limitation, cutting, bulldozing, poisoning, ringing the trunk, excessive peeling of bark and damaging, compacting or overburdening tree roots in such manner to principally be responsible for the ultimate death of such tree.
Includes any individual, his or her successor, assigns or agent and any business entity, including partnerships, corporations or other business forms.
A woody perennial plant being either deciduous or evergreen.
§ 160-65 Permit required for destruction of certain trees.
A.
No person shall destroy the following trees in the Village without first filing an application with the Village Clerk and thereafter procuring a permit from the Tree Warden:
(1)
A deciduous tree which exceeds 30 inches in circumference.
(2)
An evergreen tree which exceeds 16 inches in circumference.
(3)
Any tree within any public right-of-way.
(4)
Any tree exceeding 16 inches in circumference within a critical environmental area of the Village.
(5)
Any rare or endangered species of trees or shrubs as listed by any governmental agency of New York State or the United States.
(6)
Four or more trees, 16 inches in circumference or greater, on any single property within the Village during any twelve-month period.
B.
Circumference shall be measured at any point between the ground level and a height of four feet.
§ 160-66 Issuance of permits; rules and regulations; fees.
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 Tree Warden shall issue a permit provided for in this chapter when he or she finds that the requested action is necessary for public safety, to prevent the spread of disease, to preserve a preferred species, to avoid overgrowth, for the removal of dead or dying trees or as a consequence of planned construction. A copy of the approved or disapproved permit shall be filed with the Village Clerk.
C.
Any application for a permit to remove a tree shall be accompanied by a report from a certified arborist approved by the Village, unless, based upon the condition of the tree, the Tree Warden determines that such report will be unnecessary. The certified arborist is to be selected by the applicant from a list that will be maintained by the Village. This list shall be determined by resolution of the Board of Trustees or by such Village official as it shall designate.
D.
The Board of Trustees may adopt rules and regulations for efficiently discharging the responsibility of the Tree Warden under this chapter and designate other individuals to act on his or her behalf.
E.
Fees. There shall be a fee imposed for the processing of the application and a separate fee for the cost of the certified arborist if one was required. These fees shall be set by resolution of the Board of Trustees (Board) at an amount it shall deem appropriate.
§ 160-67 Plan required and planting requirements.
A.
An applicant for a tree permit shall submit a plot plan depicting the property showing the tree(s) to be removed, together with the required permit application. The plan shall be in conformity with the rules and regulations adopted by the Board of Trustees. In all circumstances when a tree is being replanted, regardless of whether the Village or the property owner is making the arrangements for the replanting, the costs of the tree or trees being replanted and the costs incurred in doing so will be borne by the homeowner.
B.
Construction. If any trees will be destroyed during permitted construction, the Building Inspector shall require a plan showing the location of the trees to be destroyed. The plan shall be submitted to the Tree Warden simultaneously with the building permit application for review. No cutting or removal in connection with construction shall be permitted until the tree removal plan is approved by the Tree Warden. The existing indigenous and naturalized tree canopy of property, to the extent reasonably possible, shall remain in its natural state in conformity with the goals and purposes of this chapter and the use of the proposed construction. Each tree removed as a result of construction shall be replaced. If the tree or trees removed cannot be placed at or near the site of removal as a result of the construction, then the replacement(s) is/are to be planted as close to the site as possible on the subject property. If, in the determination of the Tree Warden, this is not possible, and there is insufficient space on the property, then the tree or trees is/are to be placed in the right-of-way on the same block and on the same side of the street. Any open building permits shall not be closed until the replanting is complete by the Tree Warden.
C.
Removal of tree on private property other than for construction. If a tree is removed on private property other than for construction, the replacement tree is to be planted on the subject property as close to the original site as possible. If, in the opinion of the Tree Warden, there is insufficient space for such planting on the subject property, then the replacement is to be planted on the same block and on the same side of the street at a point in the Village right-of-way as determined by the Tree Warden.
D.
Removal of tree in Village right-of-way. If a tree is removed from the Village right-of-way, the replacement is to be placed in the right-of-way as near the site of removal as possible, but if, in the opinion of the Tree Warden, there is insufficient space to do so at the original location, then it is to be planted in the right-of-way on the same block and on the same side of the street at a location determined by the Tree Warden. Any tree planted in the right-of-way will be planted by the Village.
E.
Replacement trees. Any tree being replaced shall be replaced with a tree from an approved planting list which shall be maintained by the Village. This list shall be determined by resolution of the Board of Trustees or by such Village official as it shall designate. Trees shall be replaced as follows. If the total circumference of the tree removed is up to and including 16 inches, then one tree measuring at least three caliper inches shall be planted as a replacement. An additional tree of at least three caliper inches shall be planted for each additional three inches in circumference of tree removed. For example, if the tree removed is 25 inches in circumference, then four replacement trees of at least three caliper inches will need to be planted to replace the tree removed (one replacement for the first tree of 16 inches in circumference, and three further trees for the remaining nine inches of circumference).
§ 160-68 Violations; penalties for offenses; replacement of destroyed trees.
A.
Each tree destroyed in violation of this article shall be a separate violation. Each violation is subject to a fine of not less than $5,000 nor more than $10,000.
B.
The Building Inspector shall stop all work and construction activity on any premises where a violation of this article has occurred and no certificate of occupancy or permit for other construction at the property shall be issued unless and until a permit has been issued.
C.
In addition to the penalties enumerated herein at § 160-54, any person convicted of violating the provisions of this chapter shall be required to replace, in kind, each and every tree destroyed in violation of this article and in accord with the replanting requirements as set forth in Subsections B, C, D and E of § 160-67 above.
§ 160-69 Enforcement.
A.
The Village Code Enforcement Officer, or Tree Warden, is hereby vested with the authority to enforce the provisions of this article.
B.
For the purpose of enforcing this article, the owner or occupant on whose land any tree has been destroyed without the necessary permit is a person responsible for performing or permitting the act complained of. Notices of violation may be issued to the owner and to such person or entity observed to have conducted the work, each of whom shall be fully liable for the penalties incurred upon conviction.
§ 160-70 Appeals.
Any person aggrieved by a decision of the Tree Warden with respect to this article shall have the right to appeal his decision to the Village Zoning Board of Appeals within 30 days of the date the decision is filed with the Village Clerk. Such appeal shall be in accordance with the appeal procedure adopted by the Zoning Board of Appeals.
§ 160-71 Exceptions.
No permit shall be required for the normal tree trimming and cutting by a utility company to maintain utility lines or cables or by a person to remove an imminent peril to life or property. However, the Village shall be notified of the removal, trimming, or altering of a tree creating imminent peril to life or property as soon as reasonably practicable. Such notice may be provided by the homeowner, resident or person conducting the work.
§ 160-72 Licensing of tree removal entities.
[Added 8-14-2023 by L.L. No. 5-2023]