[Adopted 12-2-1987 by L.L. No. 9-1987]
As used in this article, the following terms shall have the
meanings indicated:
Trees, shrubs, bushes and all 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.
Trees, shrubs, bushes and all other woody vegetation on land
lying between private property lines on either side of all streets,
avenues or ways within the Village.
A.
Establishment. There is hereby created and established a Village
Tree and Beautification Committee of the Village of Malverne, State
of New York, which shall consist of seven members, citizens and residents
of this Village, who shall be appointed by the Mayor with the approval
of the Village Board of Trustees.
[Amended 4-23-2009 by L.L. No. 1-2009]
B.
Term of office. The term of the seven persons to be appointed by
the Mayor shall be three years. In the event that a vacancy shall
occur during the term of any member, his or her successor shall be
appointed for the unexpired portion of the term, by the Mayor with
the approval of the Village Board of Trustees.
[Amended 4-23-2009 by L.L. No. 1-2009]
C.
Compensation. Members of the Committee shall serve without compensation.
D.
Duties and responsibilities. It shall be the responsibility of the
Committee to study, investigate, counsel and develop and/or update
annually, and administer a written plan for the care, preservation,
pruning, planting, replanting, and removal for disposition of trees
and shrubs in parks, along streets and in other public areas. Such
plan will be presented annually to the Village Board of Trustees and
upon its acceptance and approval shall constitute the official comprehensive
Village Tree Plan for the Village of Malverne, State of New York.
The Committee, when requested by the Village Board of Trustees, shall
consider, investigate, make findings, report and recommend upon any
special matter or question coming within the scope of its work.
E.
Operation. The Committee shall choose its own officers, make its
own rules and regulations and keep minutes of its proceedings. A majority
of the members shall be a quorum for the transaction of business.
Upon approval of the minutes, a copy of same shall be filed with the
Village Clerk.
A list of suggested species for planting may be promulgated
as part of this program. The Village Board of Trustees shall be empowered
to modify by resolution, from time to time, the suggested list, which
list shall not be exclusive. Other species not appearing on the suggested
list may be utilized, provided that the maintenance requirements,
root and growth patterns, insect and disease resistance are similar
to the other species on the suggested list.
The placement of trees in relation to curbs, curblines, sidewalks,
utility poles, structures and other obstructions shall consider the
species to be planted, size, etc., and shall be determined by the
Committee in relation to the particular situation, within its discretion,
in the absence of other policy which may be established by the Village
Board of Trustees.
No street tree shall be planted closer than 35 feet to any street
corner, measured from the point of the nearest intersecting curbs
or curblines. No street tree shall be planted closer than 10 feet
to any fireplug.
No street trees, other than those species listed as "small trees"
in the suggested list of this article, may be planted under or within
10 lateral feet of any overhead utility wire, or over or within five
lateral feet of any underground water line, sewer line, transmission
line or other utility.
A.
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.
B.
The Village Tree and Beautification Committee may 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, water lines or other public improvements, or is affected with any injurious fungus, disease, insect or other pest. This section does not prohibit the planting of street trees by adjacent property owners, provided that the selection and location of said trees is in accordance with §§ 540-5 through 540-8 of this article.
It shall be unlawful as a normal practice for any person, firm
or Village department to top any street tree, park tree or other tree
on public property. "Topping" is defined as the severe cutting back
of limbs to stubs larger than three inches in diameter within the
tree's crown to such a degree as to remove the normal canopy
and disfigure the tree. Trees severely damaged by storms or other
causes or certain trees under utility wires or other obstructions
where other pruning practices are impractical may be exempted from
this article at the determination of the Village Tree and Beautification
Committee.
The Village shall have the right to cause the removal of any
dead or diseased trees on private property within the Village when
such trees constitute a hazard to life and property, or harbor insects
or disease which constitute a potential threat to other trees within
the Village. The Village Tree and Beautification Committee will notify,
in writing, the owners of such trees. The Village shall have the right
to prune any tree or shrub on private property when it interferes with
or impinges on public safety or with the proper spread of light along
the street from a streetlight or interferes with visibility of any
traffic-control device or sign.
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 the Village Tree and Beautification Committee, or any of its
agents, while engaging in and about the plantings, cultivating, mulching,
pruning, spraying or removing of any street trees, park trees or trees
on private grounds, as authorized in this article.
It shall be unlawful for any person or firm to engage in the business or occupation of pruning, treating or removing street or park trees within the Village without first applying for and procuring a license in accordance with the provisions of Chapter 382, Landscaping, pertaining to licensing of landscapers, the provisions of which shall be incorporated herein by reference. No license shall be required of any public service company, town, county or Village employee doing such work in the pursuit of their public service endeavors. Before any license shall be issued, each applicant shall first file evidence of possession of liability insurance in the minimum amounts which may be prescribed by resolution of the Village Board of Trustees for bodily injury and property damage, indemnifying the Village or any person injured or damaged resulting from the pursuit of such endeavors as herein described.
Any person may appeal from any ruling or order of the Village
Tree and Beautification Committee to the Village Board of Trustees,
which may hear the matter and make final decision.
Notwithstanding contrary provisions contained in any other local law and especially Article III of this chapter, Tree Preservation, which requires a permit prior to removal of a street tree and replacement thereof, the provisions of this article shall prevail, and the replacement of removed trees shall conform hereto, even to the extent of excusing replacement of a removed tree, if such replacement would be in violation of this article.
The provisions of this article shall not be construed to require
the replacement, removal or relocation of any tree presently existing
which may not conform to the standards to be established by this article.
