LEGAL NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE that the Board of Trustees of the Village of Roslyn Estates will hold a public hearing at 7:30 PM on Monday, September 19, 2022, at the Village Hall, 25 The Tulips, Roslyn, New York 11576, in person, to consider the adoption of the following matter: Bill 5 of 2022, A local law amending Sections 184-10, 184-11, 184-12 and 184-13, of Article II, ìTree Protection,î of Chapter 184, ìTrees,î of the Code of the Village of Roslyn Estates. Section 1. Legislative Findings.†After revising in its entirety Chapter 184, ìTrees,î of the Code of the Village of Roslyn Estates, in 2021, the Board of Trustees has become aware of certain issues in interpreting and applying certain provisions thereof relating to trees that are subject to the Code provisions, the determination of the size and number of replacement trees when required, and the appropriate Village Board to hear appeals of appealable determinations made by Village officials funder the Tree Code. The Board has determined that the best interests of the Village are served by amending certain provisions of the Tree Code to improve understanding and the feasibility of application of those provisions.†††Section 2. ß 184-10 of Article II, ìTree Protection,î of Chapter 184, ìTrees,î of the Code of the Village of Roslyn Estates, is hereby amended by adding a new clause ìE.î, and by re-designating existing clause ìE.î as clause ìF.î, so that said new clause E. and re-designated clause F. shall read in their entirety as follows: ìE. This Article II shall not apply to any tree that was not otherwise required to be planted pursuant to this Article II or by the Village, that has a DBH of less than 3 inches. F. If any tree is removed, substantially altered or destroyed without a permit and without a written determination of the Building Inspector that such tree did not have the requisite minimum DBH as set forth in this ß184-10, and such removal, substantial alteration or destruction was performed in such a manner that the diameter has been altered or the height of the tree has been reduced below 4.5 feet above ground level, then, in such event, there shall be a rebuttable presumption in the implementation, enforcement and prosecution of this Article II that any such tree met the requisite minimum DBH. The rebuttal of such presumption shall be an affirmative defense.î Section 3.Clause ìE.î of §184-11 of Article II, ìTree Protection,î of Chapter 184, ìTrees,î of the Code of the Village of Roslyn Estates, is hereby amended to read in its entirety as follows: ìE. In order to guarantee the planting of replacement trees required pursuant to this Article II, the applicant or property owner shall deposit with the Village a sum of money to be held as security for the performance of the obligation of the applicant or property owner to plant replacement tree(s) in accordance with the provisions of this Article II. Such sum shall be equal to an amount determined by the Board of Trustees from time to time.††In the event of the failure of the applicant or property owner to plant the required replacement trees by the last day specified by the Tree Permitting Designee for the planting of all of the replacement trees, the Village shall retain such deposit, and apply same to the planting of the required replacement trees thereby secured, in such location on Village property as the Board of Trustees determines.îSection 4. Clause ìA.î of ß 184-12 of Article II, ìTree Protection,î of Chapter 184, ìTrees,î of the Code of the Village of Roslyn Estates, is hereby amended to read in its entirety as follows:††ìA. For each tree the Tree Permitting Designee permits to be removed, substantially altered or destroyed, the Tree Permitting Designee shall require the planting of such number of replacement trees determined as follows: (1) For each tree removed, substantially alteredor destroyed with a DBH of up to 12 inches,a single replacement tree with a nursery caliper of a minimum of 3inches; (2) For each tree removed, substantially altered or destroyed with a DBH in excess†of 12 inches and up to 28 inches,two replacement trees each with a nursery caliperof a minimum of 3inches; and (3) For each tree removed, substantially altered or destroyed with a DBH in excess†of 28 inches,three replacement trees each with a nursery caliper of a minimum of †3inches.î Section 5. §184-12 of Article II, ìTree Protection,î of Chapter 184, ìTrees,î of the Code of the Village of Roslyn Estates, is hereby amended to add at the end thereof a new clause ìJ.î, to read in its entirety as follows: ìJ. Notwithstanding anything to the contrary in ß184-12(A) and (C), with respect to any row of evergreen trees on or immediately next to a property line used primarily for screening and privacy purposes, any such evergreen trees or all of them may be replaced with any number of other evergreen trees of any species or evergreen shrubs for the same screening and privacy purposes.Section 6.††ß 184-13 of Article II, ìTree Protection,î of Chapter 184, ìTrees,î of the Code of the Village of Roslyn Estates, is hereby amended to read in its entirety as follows:††ì§ 184-13. Appeals.†Any person aggrievedby any determination of the Tree Permitting Designeein the exercise of the authority grantedby this Article II shall have the rightto appeal, in writing, to the Board of Trustees. Such appeal shall state the reasonsfor the appeal.The determination of the Board of Trustees on said appeal shall be finaland conclusive.î Section 7. Effective Date.†This local law shall take effect immediately upon filing with the Secretary of State. Persons who may suffer from a disability which would prevent them from participating in said hearing should notify Michael Tomicich, Village Clerk, at (516) 621-3541 in sufficient time to permit such arrangements to be made to enable such persons to participate in said hearing.†Dated: †Roslyn Estates, New York By Order of the Board of Trustees September 7, 2022 of the Village of Roslyn Estates
Michael Tomicich,
Village Clerk
