[HISTORY: Adopted by the Board of Trustees of the Village of Williston
Park 11-17-1986 by L.L. No. 13-1986 (Ch. 43 of the 1975 Code). Amendments
noted where applicable.]
As used in this chapter, unless the context or subject matter otherwise
requires, the following terms shall have the meanings indicated:
Any tree, shrub, bush or 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.
Any tree on land lying between property lines on either side of all
streets, avenues or ways within the village.
Any cutting, pruning, elevating or other alteration of the habit
of a tree which impairs or endangers the life of such tree or destroys its
natural symmetry, and shall include, but is not limited to, heavy or unnecessary
cutting of top branches ("topping").
Any woody plant which is eight inches or more in diameter at a height
of three feet above the base of the trunk, including its root system and the
environment within the area of it outermost branches.
A.
There is hereby created and established for the Village
of Williston Park a Village Tree Committee which shall act as an advisory
body to the Board of Trustees with respect to the implementation of the provisions
of this chapter. Members of the Tree Committee shall be appointed to a one-year
term by the Mayor, subject to the approval of the Board of Trustees. In the
event that a separate Tree Committee is not appointed, the members of the
Environmental Committee of the Village of Williston Park shall constitute
the Tree Committee. Members of the Tree Committee shall serve without compensation.
B.
Duties and responsibilities. It shall be the responsibility
of the Tree Committee to study, investigate, counsel and develop and/or update
annually a written plan for the care, preservation, pruning, planting, replanting,
removal or disposition of trees and shrubs in parks, along streets and in
other public areas of the village. Such plan shall be presented annually to
the Board of Trustees and, upon its acceptance and approval, shall constitute
the official comprehensive tree plan of the Village of Williston Park. The
Tree Committee, when requested by the Board of Trustees, shall also consider
and investigate any special matter or question coming within its scope of
work for findings, report and recommendation to the Board of Trustees.
C.
Procedure. The Tree Committee shall choose its own officers
and keep a journal of its proceedings. A majority of its members shall constitute
a quorum for the transaction of business. The Committee shall meet on a monthly
basis or at such other times as the Committee shall deem appropriate for the
transaction of its affairs.
No person, firm, association or corporation shall plant any tree between
the property line and curbline of any 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 Department of Public
Works. The Village Clerk may not issue a permit unless the application has
been reviewed and approved by the Supervisor of Public Works. 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 Tree Committee.
Any tree planted pursuant to this section shall become the property of the
village.
No street tree shall be planted closer than 25 feet to any street corner,
measured from the point of nearest intersecting curbs or curblines. No street
tree shall be planted closer than 10 feet to any fireplug.
No street tree shall be planted over or within five lateral feet of
any underground waterline, sewer line, transmission line or other utility.
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, gas lines, waterlines or other public improvements or is infected with any injurious fungus, insect or other pest. This section shall not prohibit the planting of street trees by adjacent property owners provided that a license is obtained in accordance with § 212-3 of this chapter.
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.
It shall be the responsibility of the owners of trees on private property
to prune the branches so that such branches shall not obstruct the light from
any street lamp or obstruct the view of any street intersection and so that
there shall be a clear space of eight feet above the surface of the street
or sidewalk. Said owners shall also remove or cause the removal of any dead
or diseased trees or broken or decayed limbs when such trees or limbs constitute
a hazard to life and property or harbor insects or disease which constitutes
a potential threat to other trees within the village. The pruning or removal
of trees must be performed by the owner, at such owner's expense, within 30
days of written notification from the Supervisor of Public Works.
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.
It shall be unlawful for any person to prevent, delay or interfere with
any officer, employee or agent of the village while engaging in and about
the planting, cultivating, mulching, pruning, spraying or removing of any
street or park trees.
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, subject to the approval of the Supervisor of
Public Works. 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.[1]
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/$3,000,000 for personal injury
and $500,000 for property damage naming the Village of Williston Park as an
additional insured party.
D.
Nothing contained in this section shall prohibit the
issuance of a permit to an abutting property owner for the removal of one
live street tree, at his or her own expense, if such tree lies within 50 feet
of another live street tree, provided that both trees are located in the area
between the sidewalk and curb which adjoins the property of such applicant,
the contractor or service who or which will remove the tree is acceptable
to the Supervisor of Public Works and the application fee is paid and the
required insurance is obtained.[3]
