[Adopted 5-4-1946; amended in its entirety 1-14-2019 by L.L. No. 2-2019]
The Board of Trustees has found that a serious public safety issue exists in the Village in that fences, walls, and overgrown hedges, bushes and other vegetation are obstructing visibility and travel at intersections and along roads within the Village. The Village's narrow and winding roadways exacerbate this problem, particularly during the summer months. The Board of Trustees, therefore, has resolved to regulate structures and vegetation at intersections and along roads within the Village in a manner that will ensure better visibility and road width for vehicles and pedestrians traveling in the Village.
Sight triangle defined. The sight triangle is that portion of a corner lot measured from the point of the lot nearest to the center of the intersection and extending to points on each of the adjoining lot lines at distances equal to the average width of the paved surfaces of the intersecting roads, measured at the intersection. The base of the sight triangle, being the side that crosses the interior of the lot, shall be a straight line. A visual depiction of the sight triangle shall be provided in Attachment 13:1 of this chapter.
Structures and plantings within sight triangle. No person or persons, firm, association or corporation owning or occupying a corner lot in the Village shall permit any fence, wall, or other structure, hedge, ornamental planting, bush or other plant or shrub to be erected, maintained, planted, or to grow to a height in excess of 30 inches on any portion of said corner lot that is located within the sight triangle.
Trees within sight triangle. No tree shall be planted within the sight triangle. Existing trees within the sight triangle as of the date of this enactment shall be allowed to remain unless the Village Engineer determines, in his or her discretion, that a tree interferes unacceptably with visibility on an adjacent road. Upon such a finding, the Building Inspector shall direct that the offending tree, or trees, be cut, trimmed or removed, as the Village Engineer deems appropriate under the circumstances.
Obstruction of roads prohibited. Growth from any tree, hedge, ornamental planting, bush or other plant or shrub located on real property in the Village that extends over an adjoining road must be trimmed back or removed such that the roadway is clear and unobstructed a minimum of six inches away from the edge of the paved road and up to a height of 18 feet, as measured from the highest point of the road surface. No person or persons, firm, association or corporation owning or occupying real property within the Village shall suffer or permit any tree, hedge, ornamental planting, bush or other plant or shrub on said property to violate the clearance requirements of this subsection.
Any person aggrieved by a determination of the Village Engineer pursuant to this section may appeal the decision to the Board of Trustees, which shall have exclusive jurisdiction to hear such appeals. An appeal shall be filed with the Board of Trustees, in writing, no later than 10 days after the aggrieved person receives a copy of the Building Inspector's written determination.
For purposes of this section, the term "road" shall mean any public or private avenue, street, road, lane or court located within the Incorporated Village of Huntington Bay, Suffolk County, New York.
It shall be the duty of every person or persons, firm, association or corporation owning or occupying real property within the Village of Huntington Bay to comply with the requirements of § 13-10 of this chapter. The Village Clerk, at the direction of the Board of Trustees, shall serve written notice upon the last known owner(s) and occupant(s) of any property in violation of § 13-10. Such violation shall be cured within 10 days of the date of the written notice served pursuant to this section. Failure to comply with said written notice within the time prescribed shall constitute a violation of this article.
The notice herein required to be given by this section hereof may be served by mailing such notice to such owner, addressed to his or her last known address.
If any person or persons, firm, association or corporation served with notice pursuant to § 13-11 herein shall fail or neglect to remove or cause to be removed the conditions identified in said notice within 10 days from the date thereof, the Board of Trustees of the Village of Huntington Bay may cause such work to be done and assess the expense thereof against such property, or directly against any owner or occupant thereof, at the Board's option.
Each offense against the provisions of this article shall constitute a violation pursuant to the Penal Law of the State of New York and shall be punishable as such. Any person or persons violating any provisions of this article shall be liable for and pay a fine of not less than $500 and not more than $1,500 for a conviction on each offense.