Village of Rockville Centre, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Rockville Centre 2-22-1971 by L.L. No. 1-1971 as Ch. 122 of the 1971 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Building code — See Ch. 112.
Open burning — See Ch. 135.
Fences — See Ch. 175.
Fire prevention and control — See Ch. 185.
Landscapers and gardeners — See Ch. 219.
Licenses — See Ch. 222.
Peace and good order — See Ch. 247.
Soil and earth removal — See Ch. 280.
Solid waste —  See Ch. 283.
Streets and sidewalks — See Ch. 287.
Excavations — See Ch. 287, X.
Signs and posting bills — See Ch. 335.
Zoning — See Ch. 340.

§ 303-1 Planting in sidewalk area; existing plantings.

[Amended 8-17-1981 by L.L. No. 3-1981]
No trees, shrubs or hedges shall be planted within the area between the sidewalk and curb in front of or adjacent to any private premises without a permit first being obtained from the Superintendent of Public Works. All such plantings shall conform to appropriate regulations as may be set for the issuance of said permit. The care and maintenance of all new and existing trees, shrubs or hedges located within the sidewalk area shall be the responsibility of the owners or occupants of the premises located immediately adjacent to said trees, shrubs or hedges, as provided in § 303-2 of this chapter.

§ 303-2 Removing and trimming; repairing root damage to sidewalks.

[Amended 8-17-1981 by L.L. No. 3-1981]
It shall be the duty of every owner, tenant or other occupant of any house or structure, and every owner or person entitled to possession of any vacant lot, to remove trees, shrubs or hedges when required by the Village authorities and to keep trees, shrubs and hedges in front of or adjacent to their premises and within the sidewalk area trimmed so that dead limbs are removed and overhanging limbs will not interfere with passersby on the sidewalk or roadway, such overhanging limbs to be kept trimmed at all times to allow a passage space of not less than eight feet above center of the sidewalk and not less than 13 feet above the roadway measured at a point five feet from the curbline. It shall also be the duty of every owner, tenant or other occupant of any house or structure, and every owner or person entitled to possession of any vacant lot, to repair any sidewalk or curb in front of or adjacent to such premises damaged by tree, shrub or hedge roots located in front of or adjacent to said premises whether or not within the property line or sidewalk area.

§ 303-3 Injuring or removing trees planted within area between sidewalk and curb in front of or adjacent to private premises: written approval required.

[Amended 5-6-2002 by L.L. No. 4-2002]
No person shall in anywise injure, destroy or remove any shade tree planted within the area between the sidewalk and curb in front of or adjacent to any private premises of over 10 feet in height without first securing the written approval of the Superintendent of Public Works of the Village of Rockville Centre.

§ 303-4 Certain types of trees prohibited; removal procedures.

A. 
No person or persons, firm, association or corporation shall plant or permit to be planted any poplar trees of any type, willow trees or trees known as swamp maple trees on any street within the Village limits of the Village of Rockville Centre, or within 25 feet of any water conduit, sewage main or storm drain belonging to either the Village of Rockville Centre, the Town of Hempstead, the County of Nassau or the State of New York.
B. 
It shall be the duty of the Superintendent of Public Works of the Village to cause any poplar trees, willow trees or swamp maple trees now growing in any street in the Village of Rockville Centre which are causing any damage to any water conduit, sewage main or storm drain belonging to the Village of Rockville Centre or the Town of Hempstead or the County of Nassau or the State of New York, to be forthwith removed, and it shall be further the duty of the Superintendent of Public Works of the Village to cause to be removed any poplar trees, willow trees or swamp maple trees growing on any property within 25 feet of a water conduit, sewage main or storm drain belonging to either the Village of Rockville Centre, the Town of Hempstead, the County of Nassau or the State of New York, and which are causing any damage to any such water conduit, sewage main or storm drain, after giving the owner of the property on which such tree is or trees are located five days' written notice by mail of his intention.
C. 
It shall be the duty of each owner or occupant of real property within the Village to afford access to such property to the Superintendent of Public Works of the Village or his employees or appointees, for the purpose of inspecting any tree or removing the same in accordance with the provisions of this chapter.

§ 303-5 Hedges at street intersections.

[Amended 5-2-1966]
A. 
No person, persons, firm, association or corporation shall suffer or permit any fence, hedge, ornamental planting, bush or other structure or plant which reduces visibility to an extent which creates a hazard to vehicular traffic, to be erected or to grow on any property owned or occupied by him or them at a street intersection in the Village of Rockville Centre, to a height greater than 2 1/2 feet above street level, within the area of the triangle formed by the property corner and a line connecting the two "property line cutback points" as tabulated in the included cutback distance chart showing required cutback distances for various angles of street intersections. If intersections have different angles than those shown, then the property line cutbacks shown for the closest corresponding angle will prevail.
B. 
The following are exceptions:
(1) 
At any street intersection where all approaches are controlled by traffic control devices.
(2) 
At T-intersections where at least one approach is controlled by a traffic control device.
C. 
Cutback distance chart.
Angle of Intersection
P/L Cutback Distance in Feet
(Minor Street)
P/L Cutback Distance in Feet
(Major Street)
90º
3
35
85º
5
57
80º
8
78
75º
10
94
70º
13
108
65º
16
116
60º
19
125
55º
22
134
50º
24
138
45º
28
139
D. 
Definitions.
MINOR STREET
Street having minor traffic movement and/or regulated by traffic control device.
P/L CUTBACK DISTANCE
Distance from corner formed by the intersection of the property lines to property line cutback point.
PROPERTY LINE CUTBACK POINT
That point on the property line of the major or the minor street established by proceeding along the property lines from their point of intersection the cutback distances as shown in the cutback distance chart.

§ 303-6 Penalties for offenses; noncompliance procedures.

Any owner who has been notified by the Village Clerk or Superintendent of Public Works that the trees or shrubs on his premises are in violation of §§ 303-1, 303-2, 303-3, 303-4 or 303-5 hereof, and shall fail to correct the condition within five days of the sending of such notice to his last known address by mail, shall be in violation of this chapter, and in addition to the penalties otherwise enforceable, the Village may thereafter so trim offending trees and hedges as to correct the prohibited conditions and assess the cost thereof against the owners of the adjacent property. Such costs, if not paid, shall be assessable against the property as a tax thereon.