Village of Mill Neck, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Mill Neck 6-9-1992 as L.L. No. 7-1992. Amendments noted where applicable.]

§ 120-1 Findings.

A. 
The Board of Trustees of the Incorporated Village of Mill Neck hereby finds that there is a direct relationship between the preservation and planting of trees and the health, safety and welfare of village residents and that trees are related to the natural, scenic and aesthetic values and the physical and visual qualities of the environment which the village desires to protect. Trees reduce noise, provide welcome shade and privacy to village residents, enhance air quality and promote a restful rural atmosphere in the village. Trees also stabilize the soil and control water pollution by preventing soil erosion and flooding, yield advantageous climatic effects and provide a natural habitat for wildlife.
B. 
The indiscriminate removal of healthy trees creates the need for costly drainage control, impairs the value and enjoyment of residential properties and adversely affects the health, safety and general welfare of the residents of the Incorporated Village of Mill Neck.

§ 120-2 Prohibited acts.

A. 
It shall be unlawful for any person to remove, destroy or substantially alter any tree specified below without a tree permit:
(1) 
Any tree having a diameter equal to or greater than six inches, which diameter is measured at a point four feet six inches above ground level.
(2) 
Any two or more trees within a period of 30 days, whether or not the diameter of trees are equal to or greater than six inches, provided that the foregoing shall not include normal property maintenance such as lawn mowing and the like.
B. 
The foregoing provisions of this section shall not apply to:
(1) 
Horticultural pruning done pursuant to customarily accepted ornamental or therapeutic practice, which does not substantially alter the tree.
(2) 
Any emergency situation in which the removal, destruction or substantial alteration of any tree is necessary to prevent imminent danger to human life or property.

§ 120-3 Application procedure; criteria for issuance of permit.

A. 
Application for a tree permit shall be made to the Building Inspector.
B. 
The application shall be made on such forms as may be prescribed by the village and shall include but not be limited to the following:
(1) 
The name and address of the applicant.
(2) 
The purpose of the proposed removal or alteration.
(3) 
The site of the proposed removal or alteration.
C. 
The Building Inspector may require a sketch or plan of the area indicating the following when deemed necessary to carry out the provisions of this chapter:
(1) 
Existing heavily wooded areas on the site, showing the tree type and range of sizes.
(2) 
The location and size of trees to be removed.
(3) 
The location of any improvements on the real property.
(4) 
Any additional information that the Building Inspector may reasonably deem necessary for evaluation of the application, except that no new survey of the property or survey location of trees may be required unless there is controversy as to whether a tree is located on the property.
D. 
The decision of the Building Inspector shall be based upon the following criteria:
(1) 
The condition of the tree with respect to disease and danger of falling, proximity to existing or proposed structures and interference with utility services.
(2) 
The necessity of the removal or alteration of the tree in question.
(3) 
The effect of the removal or alteration thereof on ecological systems.
(4) 
The character established at the proposed site of removal or alteration with respect to existing vegetation management practices.
(5) 
The impact of any removal or alteration upon the aesthetics of the site and upon existing screening of any contiguous properties or any road or highway bordering the property.

§ 120-4 Fees.

[Amended 5-14-1996 by L.L. No. 1-1996]
The application fee herein shall be $100.

§ 120-5 Required removal.

A. 
Any tree or shrub growing on private real property which is endangering or, in the opinion of the Building Inspector, constitutes a danger to a public street or to persons or vehicles thereon or to public places shall be removed or trimmed by the owner of the real property within 14 days after receipt of written notice from the Village Clerk. In the event that the property owner fails to remove or trim such tree or shrub within said time, the village may then remove or trim said tree or shrub and assess the cost thereof against the property owner.
B. 
Nothing herein shall limit the authority of the village to remove or alter any tree or shrub it deems necessary to protect the health, safety and welfare of the village residents.

§ 120-6 Replacement.

The Building Inspector may require the planting of the same or an agreed-upon alternative species of trees which are as nearly comparable in type and size as practical to the trees to be removed, when the individual character of the trees or the ecological setting requires special consideration as a condition for the issuance of a tree permit for removal. The location for planting of the replacement trees shall be specified in writing by the Building Inspector prior to issuance of the tree permit for removal.

§ 120-7 Appeals.

A. 
Any person aggrieved by any final determination of the Building Inspector in the exercise of the authority herein granted shall have the right to appeal to the Board of Trustees, the decision of which shall be final and conclusive.
B. 
An appeal shall be in writing, stating the decision appealed from and the reasons for the appeal.

§ 120-8 Penalties for offenses.

[Amended 12-4-2002 by L.L. No. 3-2002]
A. 
Each tree removed, cut down, destroyed or substantially altered in violation of this chapter shall be a separate violation and punishable by a fine not to exceed $1,000 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment.
B. 
The Building Inspector shall stop all work and construction activity on any property where a violation of this chapter has occurred and is prohibited from issuing any certificate of occupancy or additional permits for construction at the property or permitting work to resume, unless and until the provisions of this section have been satisfied.
C. 
In addition, any person convicted of violating the provisions of this chapter shall be required to replace, in kind, each and every tree removed, cut down, destroyed or substantially altered in violation of this chapter. If a tree was so large and mature that it cannot be replaced, the court, upon the recommendation of the Building Inspector, may require the planting of multiple trees.