In their continuing effort to preserve the unique architectural character of Roslyn Estates, that village's board of trustees recently approved several amendments to its tree codes. The amendments concern the planting of new trees, what constitutes a tree, and penalties for any failures to replace trees on both commercial and residential properties. The new ordinance takes effect immediately.

Approval of any new trees planted in the village will rest with the Architectural Review Board. The village will no longer issue building permits, certificates of occupancy, certificates of completion, and certificates of approval for new construction if such approval requires one or more trees to be planted "pursuant to the direction of the Architectural Review Board."

The village now defines a tree as "any living woody plant having a trunk 10 inches or greater in circumference at a point five feet above ground level." However, the unauthorized destruction of any woody plant that is less than those sizes in both the circumference and height may also result in prosecution against the property owner.

The final amendment lays out the fines for property owners who fail to replace a tree or a collection of trees. All tree replacements fall under the jurisdiction of the Architectural Review Board and must take place within three months of that board's direction on how a tree must be replaced.

The fine for each tree not replaced can be as high as $10,000. In addition, "each day that such failure to replace such tree or trees shall be deemed a separate and distinct offense." Only the ARB can extend the three-month deadline for replacing a lost tree.

The new tree ordinance does have something to do with the current debate in the village over development and especially, the subdivision of residential properties. An earlier draft of the tree law noted that Roslyn Estates "was created with a park-like atmosphere created by winding roads, walking paths, numerous mature trees, considerable architectural diversity, and lots that conform to a complex hilly site."

Furthermore, the draft states that "the numerous mature trees within the village are one of the essential features of that plan that continue to make the village unique. Accordingly, the destruction of trees on any property within the village, seriously threatens that plan and the unique character of the village as a whole."

The draft also took notice of the trend on Long Island, and "especially along the North Shore" of developers purchasing property for the sole purpose of subdividing the structure into greater number of parcels. Such subdivisions often result in the destruction of "vast numbers of trees." That is the process the Roslyn Estates board of trustees hopes to prevent for their village.

Finally, the fact that fines for destroyed trees do not really affect certain developers also played a role in the new legislation.

"For many developers, the value of subdivided property and new construction is so great, that fines for the violation of tree laws are merely costs of doing business," the tree law draft claimed. "Even when such fines are paid, the loss of such trees may be irreparable or may take decades to replace in size and grandeur." Hence, the imposition of stiff fines for those who violate the village's new tree ordinance.