§ 20A-3. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

APPLICANT

Any property owner or his duly authorized agent, or any person claiming a legal interest in real property who makes an application under this chapter.

ARBORIST

A specialist in the planting and maintenance of trees certified by New York State.

BORDER

The boundary line of the public right-of-way and the adjacent property owner.

DIAMETER

The measurement equaling the circular distance around a tree at a height of 4 1/2 feet above the base of the trunk divided by 3.14. The diameter of a multistem tree shall be the sum of the diameters of the trunks of each stem.

FRONT YARD

An open and unoccupied space across the full width of a lot extending from the front line of the lot to the front line of the building or, if no building is present, the back line of the required front yard setback whichever is greater in distance and measured between the side property lines.

HABIT

The natural growing characteristics of any tree, which includes branch spread and distribution, branch height above ground and root spread and distribution.

PERSON

Any individual, firm, partnership, association, corporation, company or organization of any kind, or agent thereof, but not including the Town, or any other governmental body or municipality or their agents, servants or employees, or a public utility.

PROPERTY OWNER

Any person or persons owning real property as shown by the Nassau County Clerk's records.

PUBLIC RIGHT-OF-WAY

Each street or highway, as the same is defined by the Highway Law of the State of New York, as from time to time amended, which is owned, controlled or otherwise subject to the jurisdiction of the Town.

SAPLING

Any living woody plant which is three inches or more in diameter at a height of three feet above the base of the trunk, including its root system and the environment within the area defined by the outermost limits of its branches.

SUBSTANTIAL ALTERATION

Any cutting, pruning, elevating or other alteration of the habit of a tree which impairs or endangers the life of such tree or destroys its natural symmetry and shall include, but is not limited to, heavy or unnecessary cutting of top branches (topping), cutting of major lower limbs (severe elevating) or drastic pruning or cutting of roots of trees without compensatory cutting of the crown of the tree, but shall not include New York State forestry standards, guidelines or ornamental procedures.

TOWN

The Town of North Hempstead, County of Nassau, State of New York.

TOWN OFFICIAL

The official assigned to carry out the administration and enforcement as set forth in § 20A-4 of this chapter.

TREE

Any living woody plant which is six inches or more in diameter at a height of 4 1/2 feet above the base of the trunk, including its root system and the environment within the area defined by the outermost limits of its branches.

[Amended 4-2-2002 by L.L. No. 5-2002]

TREE LAWNS

The portion of a public right-of-way not covered by pavement which lies between the border and the portion of the public right-of-way used for vehicular traffic.

Added 4-2-2002 by L.L. No. 5-2002