[HISTORY: Adopted by the Board of Trustees of the Village
of New Hyde Park 2-23-1939 by Ord.
No. 23; amended in its entirety 10-18-2016 by L.L. No. 2-2016 Subsequent amendments noted where applicable.]
Since it has been established that trees stabilize the soil
and control water pollution by preventing soil erosion and flooding,
absorb air pollution, provide oxygen, yield advantageous microclimatic
effects, have an intrinsic aesthetic quality, protect and increase
property values, offer a natural barrier to noise and provide a natural
habitat for wildlife, and that the removal of trees deprives the residents
of the Village of New Hyde Park of these benefits and disrupts fundamental
ecological systems of which trees are an integral part, the purpose
of this chapter is to prevent the indiscriminate destruction or removal
of trees within the boundaries of the Village of New Hyde Park and
to provide for the relocation or replacement of trees which may be
removed or destroyed.
As used in this chapter, the following terms shall have the
meanings indicated:
Any person making an application pursuant to this chapter.
The diameter (or caliper) of a tree measured at a point four
feet above the base of the trunk or, in the case of a tree for planting,
at least two inches in diameter at a height of six inches above the
top of the ball.
Such practices as girdling, trenching near the roots, application
of herbicides, or any other practice or action which may reasonably
be expected to, either immediately or within the course of time, result
in the death of a tree, but shall not include regular maintenance
such as pruning or pollarding of a tree.
The Superintendent of Buildings or such other enforcement
officers as authorized by resolution of the Board of Trustees.
Any living upright woody plant, together with its root system,
which has at least one trunk of six inches or greater in diameter
or 18 inches or greater in circumference at a height of four feet
above the base of the trunk.
A written authorization to plant and/or remove one or more
trees pursuant to this chapter.
No applicant shall plant any tree or shrub between the curbline
(either existing or proposed) and the property line of any street
or highway shown on the Official Map of the Village unless such applicant
shall first obtain a permit therefor signed by the Superintendent.
No such permit shall be issued unless the applicant seeking
such permit shall file with the Superintendent a signed application,
in writing, setting forth the location where each tree or shrub is
to be planted and the approximate size and variety thereof. Before
a permit shall be issued there shall be deposited with the Village,
with each such application, a sum as determined from time to time
by resolution of the Board of Trustees. Said deposit shall be held
as security for the proper planting of each such tree or shrub, the
removal of all debris and the proper restoration of any grassy areas,
sidewalks and curbs. Upon the completion of such planting and compliance
with the provisions of this chapter, such deposit or any balance remaining
after deducting the cost of removing any debris or the restoration
of any grass areas shall be refunded to the applicant.
A.
No permit shall be issued by the Superintendent for any such planting
unless the same shall be in accordance with the specifications (if
any) authorized by the Board of Trustees therefor on file in the Department
of Public Works and the permit appropriately defines the size and
variety of the trees or shrubs to be planted and the location thereof.
B.
No permit shall allow the planting of a tree with a DBH of less than
two inches.
A.
It shall be unlawful for any person to destroy or remove any tree
or shrub on Village property, either between the curbline (either
existing or proposed) and the adjacent property line along any street
or highway shown on the Official Map of the Village of New Hyde Park
or in a Village right-of-way, or any tree or shrub planted by the
Village without first having obtained a valid tree removal permit.
B.
It shall be unlawful for any person to destroy or remove any tree
on non-Village-owned property within the Village without having first
obtained a valid tree removal permit.
C.
Any applicant desiring a tree removal permit, as required by this
section, shall submit a written application to the Superintendent,
together with a filing fee in such amount as shall be determined from
time to time by resolution of the Board of Trustees. The application
shall include the following information:
(1)
The name and address of the applicant and status of legal entity,
if any.
(2)
The status of the applicant with respect to the land.
(3)
Written consent of the owner or owners of the land, if the applicant
is not the sole owner.
(4)
The name of the person or firm preparing any map, drawing or diagram
submitted with the application.
(5)
The location of the property, including a street number and address.
(6)
A diagram or drawing of the parcel of land specifically designating
the area or areas of proposed tree removal and the proposed use of
such area.
(7)
The location of all proposed structures and driveways on the site.
(8)
Designation of all diseased, dead or damaged trees.
(9)
Designation of any trees endangering any roadways, pavement or utility
lines.
(10)
Any proposed grade changes that might adversely affect or endanger
any trees on the site and specifications for the maintenance thereof.
(11)
Designation of trees to be removed and trees to be maintained.
(12)
The purpose of tree removal.
(13)
The size. species and planting method of all replacement trees.
D.
If the proposed tree removal is in connection with a subdivision
or other land use application, the Superintendent may, in addition
to the above-listed information, require the applicant to supply any
or all of the following documentation:
(1)
A tree preservation plan specifying the methods to be used to preserve
all remaining trees and their root systems and the means of providing
water and nutrients to their root systems.
(2)
A topographical survey of the site if development or construction
will result in a change in elevation of more than five feet or if
the parcel of land is more than one acre in area.
E.
In determining whether or not a permit should be granted, the Superintendent
shall consider the following:
(1)
The condition of the tree or trees with respect to disease, insect
attack, proximity to existing or proposed structures and interference
with utility services.
(2)
The necessity of removing the tree or trees in order to implement
the stated purpose of the application.
(3)
The effect of the tree removal on erosion, soil moisture retention,
flow of surface waters and drainage.
(4)
Whether any tree in question is a tree worthy of preservation due
to unusual characteristics such as age, history, size, rarity, financial
value or visual importance to the neighborhood.
(5)
Whether the removal plan will destroy more trees than are reasonably
necessary to achieve the stated purpose of the application or is not
consistent with the stated purposes of this chapter.
(6)
Whether the destruction or removal of the tree(s) shall leave a barren
or vacant, exposed land area (thereby substantially altering the aesthetic
composition of the land and surrounding area).
F.
The Superintendent shall be authorized to exempt the following tree
removals from the formal application process, provided that such removals
shall conform to the purpose and intent of this chapter:
(1)
The removal of trees from horticultural properties such as nurseries
and the like. This exception shall not be interpreted to include lumber
harvesting incidental to imminent development of the land.
(2)
The removal of trees on public rights-of-way conducted by or on behalf
of a federal, state, county, municipal or other governmental agency
in pursuance of its lawful activities or functions in the construction
or improvement of public rights-of-way.
(3)
The removal of diseased or dead or weed trees, as determined by the
Superintendent.
(4)
The removal of any tree which has become or threatens to become a
danger to human life or property, as determined by the Superintendent.
A.
In the event that any tree is removed without a permit when required,
such tree shall be required to be replaced by the planting of an appropriate
replacement tree as determined by the Superintendent.
B.
As a condition of receiving a tree removal permit, the permittee
shall provide, with the permit application, a plan showing a one-for-one
replacement of trees. Replacement trees shall have no less than a
four-inch caliper measured four feet above the root crown. Alternately,
the applicant may make a contribution to the Village Tree Fund in
an amount set forth in the Village's fee schedule, which may
be amended from time to time by resolution of the Board of Trustees.
In cases where multiple trees are to be removed, the applicant may
combine both options to achieve the intent of this section.
Any applicant aggrieved by a decision of the Superintendent
may appeal in writing to the Board of Trustees of the Village.
Any person, association, firm or corporation that violates any
provision of this chapter or assists in the violation of any provision
of this chapter shall be guilty of a violation of this chapter only
and shall be punishable as follows:
A.
By a fine of not more than $2,000 or by imprisonment for a period
not to exceed 15 days, or both, for conviction of a first offense.
B.
By a fine of not more than $5,000 or by imprisonment for a period
not to exceed 15 days, or both, for conviction of a second offense,
provided the first and second offenses were committed within a period
of five years of each other.
C.
By a fine of not more than $10,000 or by imprisonment for a period
not to exceed 15 days, or both, for conviction of the third or subsequent
offense or a series of offenses, all of which were committed within
a period of five years.
