§ 20A-9. Replacement of trees in front yard of private property., Chapter 20A. Environmental Planning and Control of Trees, Code of Ordinances, North Hempstead

Fifty percent of the total tree(s) diameter removed must be replaced.

The tree(s) to be planted in replacement shall be located in the front yard of the same parcel from which the tree(s) is proposed to be removed.

The proposed location(s) of the new tree(s) shall be approved by the Building Commissioner.

The tree(s) to be planted in replacement shall be from a similar size class or from a larger size class. Size classes are enumerated in the Tree Standards and Specifications to be promulgated by the Building Commissioner.

If the Building Commissioner determines that the front yard of the site does not allow for the planting of the required number of trees, the Building Commissioner shall require the applicant to plant the maximum number of trees possible, with the remaining trees to be replaced with shrubbery, provided the plant selection has met his prior approval, as a condition of a tree removal permit. If the site does not permit the planting of shrubs, the Building Commissioner shall require the applicant to pay an additional fee to the Commissioner of Buildings in an amount determined by the applicant and confirmed by the Commissioner to be equal to the estimated cost of the required number of trees and/or shrubs.

All required plantings shall occur between April 1 and December 1 and 90 days after the tree removal.

If plantings cannot occur within 90 days of the removal due to the above planting time restrictions specified in § 20A-9F, the Commissioner of Buildings may require the applicant to deposit a performance bond or a cash deposit in the form of a certified check with the Commissioner of Buildings in an amount which shall be determined by the applicant and confirmed by the Commissioner to be equal to the estimated cost of planting the required number of trees and/or shrubs and, if applicable, stabilizing the site. The term of said deposit or performance bond shall not exceed a period of six months, and the deposit or bond shall not be released until the plantings have been satisfactorily completed in accordance with the approved tree removal permit.

(1)

In the event of a default, such bond or cash deposit shall be forfeited to the Town Parks Department for additional plantings in Town parks, and the applicant shall be found to be in violation of the conditions of the tree removal permit. The Commissioner of Buildings shall determine the remedy of the violation; however, in no circumstances shall such forfeiture of the bond serve as a remedy of the violation.

(2)

Upon satisfactory completion of the contemplated work in accordance with the application and this chapter, such bond or cash deposit shall be released by the Commissioner of Buildings. Satisfactory completion of the work shall be evidenced by the Commissioner of Buildings.

Editor's Note: This local law also renumbered former § 20A-9 as § 20A-10.