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:
APPLICANT
Includes the owner, lessee, occupant in possession of any
premises in the Village, or any agent thereof, including contractors.
DBH (DIAMETER AT BREAST HEIGHT)/CALIPER
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.
DESTRUCTION or REMOVAL
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.
ENFORCEMENT OFFICER
The enforcement officer or such other person as authorized
by the Board of Trustees by resolution from time to time.
PERSON
Includes the owner, lessee, occupant or person in possession
of any premises in the Village, or any agent thereof.
TREE
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.
TREE PERMIT
A written authorization to plant and/or remove (a) tree(s)
pursuant to this article.
VILLAGE
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.
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.
This article shall supersede all previous laws, ordinances or
regulations pertaining to the preservation of trees within the Village
of Mineola.