[Added 9-9-1997 by L.L. No. 8-1997]
Since it has been established that trees stabilize the soil
and control water pollution by preventing soil erosion and flooding,
absorb air pollution, provide us with oxygen, yield advantageous microclimatic
effects, have an intrinsic aesthetic quality, protect and increase
property values, offer a natural barrier to noise and provide a natural
habitat for wildlife, and that the removal of trees deprives the residents
of the Incorporated Village of Mineola of these benefits and disrupts
fundamental ecological systems of which trees are an integral part,
therefore, the purpose of this article is to prevent the indiscriminate
destruction or removal of trees within the boundaries of the Incorporated
Village of Mineola and to provide for the relocation or replacement
of trees which may be removed or destroyed.
As used in this article, the following terms shall have the
meanings indicated:
Includes the owner, lessee, occupant in possession of any
premises in the Village, or any agent thereof, including contractors.
The diameter (or caliper) of a tree measured at a point four
feet above the base of the trunk or, in the case of a tree for planting,
at least two inches in diameter at a height of six inches above the
top of the ball.
Includes such practices as girdling, trenching near the roots,
application of herbicides, or any other practice or action which may
reasonably be expected to, either immediately or within the course
of time, result in the death of a tree, but shall not include regular
maintenance such as pruning or pollarding of a tree.
The enforcement officer or such other person as authorized
by the Board of Trustees by resolution from time to time.
Includes the owner, lessee, occupant or person in possession
of any premises in the Village, or any agent thereof.
Any living upright woody plant, together with its root system,
which has at least one trunk of two inches or greater in diameter
at a height of four feet above the base of the trunk.
A written authorization to plant and/or remove (a) tree(s)
pursuant to this article.
Incorporated Village of Mineola.
No person or persons, firm or corporation shall plant any tree
or shrub between the curbline (either existing or proposed) and the
property line of any street or highway shown on the Official Map of
the Incorporated Village of Mineola or in any public area unless such
person or persons, firm or corporation shall first obtain a permit
therefor signed by the enforcement officer.
No such permit shall be issued unless the person or persons,
firm or corporation seeking such permit shall file with the enforcement
officer a signed application, in writing, setting forth the location
where each tree or shrub is to be planted and the approximate size
and variety thereof. Before a permit shall be issued, there shall
be deposited with the Village, with each such application, a sum as
determined from time to time by resolution of the Board of Trustees.
Said deposit shall be held as security for the proper planting of
each such tree or shrub, the removal of all debris and the proper
restoration of any grassy areas, sidewalks and curbs. Upon the completion
of such planting and compliance with the provisions of this article,
such deposit or any balance remaining after deducting the cost of
removing any debris or the restoration of any grass areas shall be
refunded to the applicant.
A.
No permit shall be issued by the enforcement officer for any such
planting unless the same shall be in accordance with the specifications
authorized by the Board of Trustees therefor on file in the Building
Department and the permit appropriately defines the size and variety
of the trees or shrubs to be planted and the location thereof.
B.
No permit shall allow the planting of a tree with a DBH of less than
two inches.
A.
It shall be unlawful for any person to injure, destroy or remove
any tree within the Village without having first obtained a valid
tree removal permit. Notwithstanding the above, it shall be unlawful
for any person to injure, destroy or remove any shade tree planted
or growing upon any walk, public street or highway within the Village
or in the Village right-of-way or any tree planted by the Village.
B.
The provisions of this section shall not apply to:
(1)
The removal of trees from horticultural properties such as farms,
nurseries, orchards or commercial forests. This exception shall not
be interpreted to include lumber harvesting incidental to imminent
development of the land.
(2)
The removal of trees on public rights-of-way conducted by or on behalf
of a federal, state, county, municipal or other governmental agency
in pursuance of its lawful activities or functions in the construction
or improvement of public rights-of-way.
D.
Any persons desiring a tree removal permit, as required by this article,
shall submit a written application to the enforcement officer, together
with a filing fee in such amount as determined from time to time by
resolution of the Board of Trustees. The application shall include
the following information:
(1)
The name and address of the applicant and status of legal entity.
(2)
The status of the applicant with respect to the land.
(3)
Written consent of the owner or owners of the land, if the applicant
is not the sole owner.
(4)
The name of the person preparing any map, drawing or diagram submitted
with the application.
(5)
Location of the property, including a street number and address and
legal description as shown on the Official Map of the Village of Mineola.
(6)
A diagram of the parcel of land, specifically designating the area
or areas of proposed tree removal and the proposed use of such area.
(7)
Location of all proposed structures and driveways on the site.
(8)
Location of all trees and identification of size and species.
(9)
Designation of all diseased, dead or damaged trees.
(10)
Designation of any trees endangering any roadways, pavement
or utility lines.
(11)
Any proposed grade changes that might adversely affect or endanger
any trees on the site and specifications of how to maintain them.
(12)
Designation of trees to be removed and trees to be maintained.
(13)
The purpose of tree removal.
(14)
The size, species and planting method of all replacement trees.
E.
The enforcement officer may, in addition, require the applicant to
supply any of the following documentation:
(1)
A tree preservation plan specifying the methods to be used to preserve
all remaining trees and their root systems and the means of providing
water and nutrients to their root systems.
(2)
A topographical survey of the site if development or construction
will result in change in elevation of more than five feet or if the
parcel of land is more than one acre in area.
F.
Upon receipt of the application, the enforcement officer shall visit
and inspect the site and contiguous and adjoining lands. If he determines
that the plan will destroy more trees than are reasonably necessary
to achieve the stated purpose of the application or is not consistent
with the stated purposes of this article, the permit application shall
be denied.
G.
In determining whether or not a permit should be granted, the enforcement
officer shall consider the following:
(1)
The condition of the tree or trees with respect to disease, insect
attack, proximity to existing or proposed structures and interference
with utility services.
(2)
The necessity of removing the tree or trees in order to implement
the stated purpose of the application.
(3)
The effect of the tree removal on erosion, soil moisture retention,
flow of surface waters and drainage.
(4)
The number and density of trees in the area and the effect of tree
removal on other existing vegetation and property values of the neighborhood.
(5)
Whether any tree in question is a tree worthy of preservation due
to unusual characteristics such as age, history, size, rarity, financial
value or visual importance to the neighborhood.
In the event that any tree is removed or destroyed without a
permit, such tree shall be required to be replaced by the planting
of a tree with a DBH of not less than six inches and of a type as
listed in the Schedule of Permitted Replacement Trees as determined
by resolution of the Board of Trustees from time to time.
It shall be the duty of every property owner in the Village
to keep the shade trees in front of his or her property so that the
overhanging limbs will not interfere with passersby on the sidewalk
or roadway. All overhanging limbs shall be at least eight feet above
the center of the sidewalk and 13 feet above the roadway.
Any person aggrieved by a decision of the enforcement officer
may appeal in writing to the Board of Trustees of the Village.
It shall be unlawful for any owner, lessee or occupant of any
lot or land or any part thereof in the Incorporated Village of Mineola
to permit or maintain on any such lot or land any trees, shrubs or
bushes or parts thereof which are or may become infected or infested
with caterpillars, tent caterpillars, insects, worms, maggots, parasites,
larvae or grub of lepidopterous insects or other creeping segmented
animals which cause or tend to cause disease, destruction or damage
to such trees, shrubs or bushes, thereby causing destruction and damage
to the property of others and becoming a public nuisance.
A.
Destruction
and removal required.
(1)
It shall be the duty of any owner, lessee or occupant of any lot or land to destroy and remove, by cutting, spraying, killing or other effectual method, all such caterpillars, tent caterpillars, insects, worms, maggots, parasites, larvae or grub of lepidopterous insects or other creeping segmented animals which cause or tend to cause disease, destruction or damage to such trees, shrubs or bushes or parts thereof as often as may be necessary to comply with the provisions of Article III, § 458-20, hereof.
(2)
It shall be the duty of any owner, lessee or occupant of any lot
or land to destroy and remove any and all stumps. All stumps must
be disposed of properly. The burying of stumps is prohibited.
B.
Notice
to comply; performance of work by Village.
(1)
If the provisions of the foregoing sections are not complied with,
the Clerk of the Village shall serve or cause to be served a written
notice upon the owner, lessee or occupant of any such lot or land,
requiring such owner to comply with the provisions of this article.
If the owner of such lot or land is a nonresident of the Village,
the Clerk of the Village shall mail or cause to be mailed such written
notice to such owner, addressed to his/her last known address as the
same may appear upon the most recent Village assessment roll.
(2)
If the person upon whom the notice is served fails, neglects or refuses
to destroy and remove, by cutting, spraying, killing or other effectual
method, all such caterpillars, tent caterpillars, insects, worms,
maggots, parasites, larvae or grub of lepidopterous insects or other
creeping segmented animals which cause or tend to cause disease, destruction
or damage, within five days after such service or mailing of such
notice, the enforcement officer of the Village or other duly appointed
officer or employee of the Village shall cause such caterpillars,
tent caterpillars, insects, worms, maggots, parasites, larvae or grub
of lepidopterous insects or other creeping segmented animals to be
destroyed or removed by cutting, spraying, killing or by other effectual
method, and the actual cost of such or additional cost in connection
therewith shall be certified by said enforcement officer or other
duly appointed officer or employee of the Village to the Clerk of
the Village and shall thereupon become and be a lien upon the property
on which such caterpillars, tent caterpillars, insects, worms, maggots,
parasites, larvae or grub of lepidopterous insects or other creeping
segmented animals were located and shall be added to and become and
form a part of the taxes from the date of such certification to the
Clerk of the Village next to be assessed and levied upon such lot
or land and shall bear interest at the same rate as taxes and shall
be collected and enforced in the same manner as taxes.
The enforcement officer shall have primary responsibility for
administering this article through the issuance, revocation or denial
of tree permits.
Any tree or shrub planted within the lines of any street or
highway on the Official Map of the Incorporated Village of Mineola
shall become the property of said Village.
All persons engaged in the business of planting, removing, pruning, trimming or otherwise treating trees in the Village shall be considered to be in the business of gardening or landscaping and shall be subject to the provisions of § 230-25 of this Code.
A.
Any violation
of the provisions of this article shall render each offender liable
for a fine of not less than $350 for the first offense, $350 to $750
for the second offense, and $750 to $1,000 for the third offense,
and the maximum penalty shall be applied for any consecutive offense
thereafter. The Village also reserves the right to seize, remove and
dispose of any planting in violation of this article. Any costs incurred
by the Village shall be the responsibility of the property owner.[1]
B.
The destruction
or substantial alteration of each tree shall be considered a separate
offense under this article. Failure to comply with any provision(s)
hereof shall constitute a separate and additional offense under this
article.
This article shall supersede all previous laws, ordinances or
regulations pertaining to the preservation of trees within the Village
of Mineola.
