The Board of Trustees of the Village of Lake Success ("Board
of Trustees") recognizes that trees stabilize the soil, control water
pollution by preventing soil erosion and flooding, absorb air pollution,
provide us with oxygen, yield microclimatic effects, are a natural
barrier to noise, provide a natural habitat for the wildlife in our
area and have an intrinsic aesthetic quality. Destruction or removal
of trees deprives the residents of the Village of Lake Success, as
well as all sectors of society, of these benefits and disrupts fundamental
ecological systems of which they are an integral part. Therefore,
it is the intent of the Board of Trustees, in enacting this chapter,
to regulate the destruction and removal of trees to secure these benefits
for the present and future inhabitants of the Village of Lake Success.
The Superintendent of the Building Department may require the
planting of the same or agreed upon alternate species of trees as
are nearly comparable in type and size as practical to the trees to
be removed, when the individual character of the tree(s) or the ecological
setting requires special consideration, as a condition for the issuance
of a permit for tree removal. The location for planting of the replacement
trees shall be agreed upon between the applicant and the Superintendent
of the Building Department prior to issuance of a permit for removal.
[Amended 11-9-2020 by L.L. No. 3-2020]
A. Maintenance.
(1) The maintenance and care of any tree growing within a public right-of-way
shall be the responsibility of the private property owner whose property
abuts the public right-of-way. Maintenance of trees shall include
all necessary trimming, pruning and removal of trees as required by
the Superintendent of the Building Department.
(2) Maintenance shall also include the trimming or removal of any tree
or bush that obstructs the line of sight of a person accessing a public
street, as determined by the Superintendent of the Building Department.
B. Any tree growing on private real property or within a public right-of-way
which is endangering or, in the opinion of the Superintendent of the
Building Department, constitutes a danger to the public, public street
or to a public place, or which in any way endangers the usefulness
of a public sewer or public utility, shall be removed or trimmed by
the owner of real property within 14 days of receiving notice from
the Building Department, unless the danger is imminent, in which case
the work shall be completed within one business day of receiving notice.
In the event that the owner fails to remove or trim such tree within
said time, the Superintendent of the Building Department may then
arrange for the removal or trimming of said tree and assess the cost
thereof against the property owner.
C. Nothing herein shall limit the authority of the Superintendent of
the Building Department to remove or alter any tree that is growing
on public or private property or a public right-of-way if he deems
it necessary to protect the health, safety and welfare of the Village
residents.
D. The Golf Course Superintendent has the authority to remove or alter
any tree that is growing on the Village Golf Course if he deems it
necessary to protect the health, safety and welfare of the Village
residents.
E. No new trees shall be planted within the public right-of-way unless
authorized by the Superintendent of the Building Department.
This chapter shall be administered by the Planning Board, which shall have the authority to promulgate rules and regulations for the effective administration of this chapter consistent with the intent of this chapter as stated in §
99-1. It shall have the authority to hire a licensed arborist or a landscape architect as a consultant, subject to the approval of the Board of Trustees.