Village of Munsey Park, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Munsey Park 11-10-2010 by L.L. No. 2-2010; amended in its entirety 9-11-2013 by L.L. No. 6-2013. Amendments noted where applicable.]
GENERAL REFERENCES
Vandalism to trees — See Ch. 123.
Property maintenance — See Ch. 139.
Trees — See Ch. 172.
Perimeter shrubs — See Ch. A206.
A. 
In the interest of the public health, safety and general welfare of its residents, the Board of Trustees has deemed it necessary to regulate and license businesses performing tree removal, cutting, or tree trimming services in the Incorporated Village of Munsey Park.
B. 
The objective of this chapter is to establish licensing procedures and promulgate regulations and standards applicable to the removal, cutting or trimming of trees in the Incorporated Village of Munsey Park as shall be deemed necessary by the Board of Trustees to carry out the provisions of Chapter 172 for the benefit of the public good.
As used in this chapter, the following terms shall have the meanings indicated:
ARBORIST
Any person or business which operates, conducts, or supervises a business which removes, prunes, cuts or trims trees as part or all of its services.
BOARD OF TRUSTEES
The Board of Trustees of the Incorporated Village of Munsey Park.
TREE COMMITTEE
The committee of three persons appointed by the Board of Trustees to carry out the duties of the Tree Committee as set forth in Chapter 172 of the Village Code.
VEHICLE
A vehicle designed, built, or used for the purpose of removal, cutting or trimming of trees.
A. 
All arborists doing business in the Incorporated Village of Munsey Park shall be licensed by the Incorporated Village of Munsey Park. It shall be a violation of this chapter for any arborist to operate, engage in, conduct or supervise such services on any property in the Incorporated Village of Munsey Park without having a current, valid license issued pursuant to this chapter, together with such other municipal permits as may be required by law.
B. 
It shall be a violation of this chapter for any arborist to fail to abide by the Village Code or any rules and regulations adopted by the Board of Trustees in furtherance of this chapter.
A. 
Application required. Every arborist intending to do business within the Incorporated Village of Munsey Park shall file a written, verified application with the Village Clerk on the forms provided.
B. 
Application form. The application shall contain:
(1) 
The name and address of the applicant.
(2) 
If the applicant conducts business under a trade name, it shall be noted on the application.
(3) 
The name, address and telephone number, both day and night, of the applicant or the person in charge of the business.
(4) 
A sworn statement by the arborist or its officer, if not a natural person, that he or she has read and understands the provisions of Chapters 172 and 173 of the Village Code and agrees to comply with such provisions.
A. 
Before a license may be issued or renewed by the Village Clerk, each applicant shall file with the Village Clerk certificates of insurance coverage demonstrating that the following insurance coverage is in full force and effect during the term of the license:
(1) 
Workers' compensation insurance.
(2) 
Disability benefits insurance.
(3) 
Public liability insurance.
(4) 
Property damage insurance.
B. 
The Incorporated Village of Munsey Park shall be named as an additional insured.
C. 
The Board of Trustees may, by resolution, require minimum liability limits.
A. 
An application filed and approved in accordance with this chapter shall be deemed a license.
B. 
Every license issued shall be effective the first day of January, or such subsequent day of issuance, and shall expire on the 31st day of December next succeeding, unless suspended or revoked by the Incorporated Village of Munsey Park.
C. 
A license may be renewed upon filing a renewal application with the Village Clerk together with payment of the appropriate renewal fee; provided, however, that the applicant is in full compliance with all rules, regulations and provisions of this chapter.
D. 
Fees for a license shall be established from time to time by resolution of the Village Board of Trustees.
A license shall be issued by the Village Clerk within five days after submission of a completed application by marking the application "approved" together with the date of such approval and the signature of the Village Clerk. A license shall not be issued to an applicant by the Village Clerk unless the applicant has complied with all terms and conditions of this chapter and all rules and regulations adopted by the Board of Trustees.
A. 
The Village Clerk may deny or revoke a license for the following grounds:
(1) 
False statement or knowing misrepresentation made in a license application.
(2) 
Violations of any provision of Chapters 172 or 173 of the Code of the Incorporated Village of Munsey Park, or rules and regulations promulgated thereunder.
(3) 
Failure to properly dispose of cut tree material within seven days.
(4) 
Upon cessation of the business for which a license was previously issued.
B. 
Upon revocation or the expiration of a license, any license issued hereunder shall be surrendered to the Village Clerk.
Every licensee shall keep complete and accurate books showing what business the licensee is conducting within the jurisdictional boundary of the Incorporated Village of Munsey Park. All such records shall be retained by the licensee for at least three years.
The license or a photocopy and the permit or a photocopy shall be prominently displayed on any vehicle used while performing work in the Incorporated Village of Munsey Park.
Upon the sale, dissolution, suspension or discontinuance, whether voluntary or involuntary, of the business of a licensee, it shall be the duty of the licensee to notify the Village Clerk and surrender the license to the Clerk.
The holder of any license which has been revoked, and any applicant who shall have been denied a license under this chapter, may petition the Board of Trustees for review of the determination as follows:
A. 
The petition for review shall be in writing, signed and acknowledged by the applicant or licensee, and shall state the ground or grounds on which the petitioner claims that the determination was improper or illegal.
B. 
The petition shall be filed with the Village Clerk within 20 days after notification of denial or revocation has been mailed to him/her by certified mail.
C. 
Upon filing of the written petition, a hearing shall be held pursuant to the provisions of § 173-13.
A. 
A hearing shall be held on the date, place and hour designated by the Mayor.
B. 
The Mayor shall designate two or more members of the Village Board of Trustees to conduct said hearing as a Review Board.
C. 
The Village Clerk shall give notice, stating the name and address of the petitioner, the subject matter of the hearing and the date, place and hour designated, by mailing a copy to the petitioner at the address shown upon the most recent application at least 10 days prior to said hearing.
D. 
At the hearing, the Review Board shall consider the petition, the Village Clerk's reasons for denial or revocation of the license and, in its discretion, any new or additional evidence in support of, or in opposition to, the petition or Clerk's actions.
E. 
The Review Board, after public hearing, shall have the authority to affirm, reverse or modify the actions of the Village Clerk, including the authority to impose reasonable conditions for the issuance of any permit.
F. 
Within 14 days after the hearing, the Review Board shall submit its determination to the applicant and the full Board of Trustees.
The Board of Trustees may promulgate rules, regulations and standards to ensure the quality, efficiency and effectiveness of the enforcement, interpretation, and implementation of this chapter.
It shall be unlawful for any arborist to remove, cut, trim or alter any tree in the Incorporated Village of Munsey Park without obtaining a license as required by Chapter 173 of the Code. In addition to any other penalty permitted by law, any such violations shall be punishable by a fine of not more than $1,000 for each occurrence. For the purposes of this chapter, each tree removed, cut, trimmed or altered shall be a separate occurrence.
Notwithstanding the payment of any license fee or the issuance of any license by the Incorporated Village of Munsey Park, the Incorporated Village of Munsey Park, including its agents and employees, shall be under no obligation whatsoever concerning the adequacy, operation, or maintenance of such business or of its service to the Incorporated Village of Munsey Park residents, nor does the Incorporated Village of Munsey Park assume any liability whatsoever for the actions of any licensed business.