Purpose of Tree Code
Maintaining the trees that give the Village of Baxter Estates much of its character is the responsibility of each resident. To ensure this legacy for current and future residents, the Village has implemented a Tree Preservation and Protection Law, referred to as the Tree Code. The Tree Code requires that removal of trees on private property follow prescribed procedures, based on a tree’s diameter in inches, and that removal of certain trees requires replanting of new trees. Please refer to the paragraphs below for more information on how to determine what needs to be done for removing a tree in the Village of Baxter Estates.
The Tree Code requires the existence of a resident volunteer Tree Commission whose primary responsibilities are to: maintain the Village’s tree environment, provide information to residents about their trees, facilitate Tree Code compliance, and document the removals and new plantings of trees on both public and private property.
The Tree Commission Members are available to provide assistance via email at: staff@baxterestates.org, or by contacting Village Hall at (516) 767-0096, during business hours, and leaving a message with the Clerk’s Office which will be referred to the Commission.
What to do if you want to remove a tree
First, determine if your tree is a Class A or Class B Tree (see below). If your tree is a Class B tree, you will require a permit and may download your Tree Removal Permit or obtain a hardcopy in the Village Clerk’s office.
Detailed description of tree removal guidelines
CLASS A TREE
Any tree with a diameter of less than 7” diameter at a point 5 feet above ground level can be removed by the owner without any permit or notification of any sort required.
CLASS B TREE
If a tree is at least 7” in diameter or greater at a point 5 feet above ground level, then a removal permit must be requested by filling out and submitting a Tree Removal Permit Application Form, and paying the permit processing fee.
Determining the diameter measurement
The measurement of the diameter of a tree taken at a point 5 feet above ground level. If a tree splits into multiple trunks below such point, then the measurement is taken at the most-narrow point beneath the split. A flexible tape measure calibrated in inches wrapped around the trunk measures its girth, and this measurement is divided by 3.14159 to determine its diameter.
Permit Processing Fees
The permit processing fee is $50 for the first two (2) trees and $25 for each additional tree, plus a refundable Tree Relief Fund deposit in a sum of not less than $250 per tree, subject to increase by the Tree Commission when specific facts and circumstances of an application warrant, in the Commission’s discretion reasonably exercised, a larger sum in order to further the purposes and intent of Section 161-702(A) of the Village Code.
How long is my permit valid
Permits shall be valid for the one year period commencing with the date of issuance, conditioned upon (i) removal of the subject tree(s) to be completed within 90 days from date of issuance, and (ii) planting of any and all replacement trees required as a condition of such permit to be completed within one year from date of issuance, as evidenced by inspection by a Member of the Tree Commission or a Building Department Official. If a Tree Removal Permit expires due to the applicant’s failure to remove the subject tree(s) within such 90 day period, then upon request of the applicant, the Village Tree Relief Fund deposit shall be returned to the applicant and any removal thereafter shall require the applicant to submit a new Tree Removal Permit Applications and all associated fees and deposits.
Permit Issuance
A permit will be issued only after the Tree Commission visits the site, examines the tree, the Commission determines if the tree should be removed and is reflected in the minutes at a meeting of the Commission.
For any tree which requires a permit to be obtained, a replacement tree must be planted on the resident’s property within one year from the permit issuance date. This replacement tree must be of a size and species as approved by the Tree Commission. If the resident does not wish to replant a tree, a minimum fee of $250, as determined by the Commission, per tree must be paid. These fees will be added to the Village of Baxter Estates Relief Fund to plant or maintain a tree elsewhere in the Village.
Commission Meetings
The Village posts Commission Meetings on our website and notifies two media outlets in compliance with the Open Meetings Law. Anyone may attend these meetings.
Tree Replanting Program
Residents should include on their permit application form, the type of species they plan to replant, should they choose this option to give the Tree Commission a guideline for replantings. Residents may consider the Village Preferred Tree Species List when replanting.
Village Preferred Tree Species List
A. For each tree removed pursuant to a tree removal permit as provided in § 161-701, the applicant either shall replant a tree on the property from which the permitted tree is being removed or shall deposit in the Village Tree Relief Fund a sum as prescribed from time to time by resolution of the Board of Trustees, in accordance with the provisions in this chapter.
B. Except where otherwise authorized by the Commission, any tree replanted pursuant to this section shall be subject to the following requirements:
- Be of a size and species as approved by the Commission;
- Be planted in a location approved by the Commission;
- Be balled and burlapped and shall not be less than two inches in diameter nor less than eight feet high. Trees shall be nursery-grown, and a nursery inspection certificate shall be available covering all trees;
- Be planted using the best current commercial practices for successful tree planting;
- Be consistent with the preferred species list; and
- Any other reasonable requirements of the Commission.
C. Upon the planting of the tree or trees, the applicant shall request that the Tree Commission certify that the tree or trees have been planted. Failure to obtain such certification within the time provided in the permit shall be deemed a violation of this chapter and shall be subject to the penalties provided in this chapter.
About the Village Preferred Species List
The trees described in the Preferred Species List are large trees commonly planted in the Village of Baxter Estates which:
- Generally grow taller than 40 feet.
- Drop their leaves in the fall (i.e., are deciduous).
- Are recommended on the basis of ornamental value, hardiness, availability, and freedom from serious problems.