Village of Patchogue, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Patchogue 3-28-1960 by Ord. No. 7.4 of the Unified Code of Ordinances of 1960 (Ch. 84 of the 1968 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 316.
Streets and sidewalks — See Ch. 372.
Subdivision of land — See Ch. 377.
No person shall, without permission of the Superintendent of Public Works, remove or carry away or cause the same to be done any stone, earth, soil, sand, gravel or shade or ornamental tree from any block, highway, street, avenue, alley or public place in this Village.
No person shall in any way mutilate, cut down, remove, injure or destroy any shade tree planted or growing along the streets, sidewalks or public places in the Village of Patchogue without written permission from the Mayor of the Village.
It shall be the duty of every owner of real property in the Village of Patchogue to keep the shade trees in front of his premises trimmed so that overhanging limbs will not interfere with passersby on the sidewalk or roadway. All overhanging limbs shall be at least 7 1/2 feet above the center of the sidewalk, 14 feet above the roadway and five feet or more from the outer edge of the sidewalk.
No tree, shrub or other plant located on any land at or near any corner or any curve shall be maintained by the owner, occupant or lessee thereof so as to obstruct or interfere with the view of drivers of vehicles or to create a traffic hazard at such corner or curve.
The Superintendent of Public Works of the Village shall report any violation of §§ 398-3 and 398-4 hereof to the Board of Trustees of the Village, and the Board may, by notice mailed to the owner, occupant or lessee of such land upon which such tree, shrub or other plant stands, order such owner, occupant or lessee, on or before a date fixed in such notice, to cause such tree, shrub or other plant to be removed or so trimmed that it shall cease to be a violation, and may direct the Superintendent of Public Works to cause the same to be removed or so trimmed unless the owner, occupant or lessee of such land upon which such tree, shrub or other plant stands shall do so on or before such date. The last known address of the owner shall be the address to which such notice shall be mailed as shown on the assessment roll of said Village.
In case such owner, lessee or occupant shall fail to cause such tree, shrub or other plant to be removed or so trimmed on or before such date, the Superintendent of Public Works shall cause the same to be removed or so trimmed, and the cost of removal or trimming shall be assessed against such land. Failure to comply with the order of the Board of Trustees shall be deemed a violation of this chapter.
[Added 6-12-1989 by L.L. No. 10-1989]
As used in this chapter, the following terms shall have the meanings indicated:
PARK TREES
Trees, shrubs, bushes and all other woody vegetation in public parks having individual names, and all areas owned by the Village or to which the public has free access as a park.
STREET TREES
Trees, shrubs, bushes and all other woody vegetation on land lying between property lines on either side of all streets, avenues or ways within the Village.
[Added 6-12-1989 by L.L. No. 10-1989]
No person, firm, association or corporation shall plant any tree between the property line and curbline of any Village-owned street or highway within the Village without obtaining a permit from the Village Clerk. The application for a permit shall state the size, species, spacing and location of the tree to be planted, which items must meet the specifications on file with the Village Clerk. The Village Clerk may not issue a permit unless the application has been reviewed and approved by the person designated by the Village Board. Such tree specifications shall be reviewed and determined annually by the Board of Trustees after consideration and review of the findings, report and recommendations of the Beautification Tree Committee, said Committee established by Village Board Resolution on May 22, 1989. Any tree planted pursuant to this section shall become the property of the Village.
[Added 6-12-1989 by L.L. No. 10-1989]
The Village shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds. The Village may also remove or cause or order to be removed any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gaslines, waterlines or other public improvements, or is infected with any injurious fungus, insect or other pest. This section shall not prohibit the planting of the street trees by adjacent property owners, provided that a license is obtained in accordance with § 398-8 of this chapter.
[Added 6-12-1989 by L.L. No. 10-1989]
A. 
No person, firm, association or corporation shall in any way injure, destroy, mutilate, top or substantially alter the habit of any street tree or park tree or affix to such tree any signs, notices or other matter with nails, tacks, staples or otherwise that would cause injury, damage or destruction to the tree.
B. 
Trees severely damaged by storms or other causes or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this chapter at the determination of the person so designated by the Village Board.
C. 
All stumps of street and park trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground.
[Added 6-12-1989 by L.L. No. 10-1989]
A. 
No person, firm, association or corporation shall prune, remove or substantially alter any street or park tree without obtaining a permit from the Village Clerk. The permit application must state the purpose of the alteration or removal, the size, species and location of the tree and the name of the person who will prune, alter or remove the tree. Such permit may provide that the applicant must replace a removed tree with an approved species within 12 months after its removal.
B. 
Before any permit is issued, the applicant shall file with the Village Clerk evidence of the existence of a liability insurance policy in the minimum amounts of $1,000,000 for personal injury and $500,000 for property damage, naming the Village of Patchogue as an additional insured party.
C. 
A fee as shall be determined from time to time by resolution of the Board of Trustees[1] shall accompany each application for such permit.[2]
[1]
Editor's Note: The current Fee Schedule is on file in the office of the Village Clerk.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Added 6-12-1989 by L.L. No. 10-1989[1]]
Violation of any provision of this chapter shall constitute a violation punishable provided in § 1-1 of the Code of the Village of Patchogue.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).