As used in this article, the following terms shall have the
meanings indicated:
CERTIFIED ARBORIST
An arborist or firm certified by the International Society
of Arboriculture, one of its chapters, or another nationally recognized
arboricultural organization.
HISTORIC OR UNIQUE VALUE
A quality of protected trees or shrubs that may cause them
to have a special role in the historic character of the Village, and
an incomparable or irreplaceable aesthetic benefit to the community
or environment, or may be listed as a rare or endangered plant species
on federal, state or other accredited plant registries.
PROTECTED SHRUB
Any established shrub with a height and/or spread of six
feet or more that has been found by the Board of Trustees, upon recommendation
by the Tree and Beautification Committee and after public hearing,
to have historic or unique value to the Village as defined herein.
PROTECTED TREE
Any deciduous or evergreen perennial plant, usually having
one main stem or trunk and more or less definitely formed, whose trunk
has a diameter of nine inches or more (28 inches in circumference)
at a height of four feet measured from the uphill side. Protected
trees shall also include any tree, regardless of size, that has been
found by the Board of Trustees, upon recommendation by the Tree and
Beautification Committee and after public hearing, to have historic
or unique value to the Village as defined herein.
TREE REMOVAL PERMIT
A permit duly issued by the Village Clerk or designee pursuant
to the terms of this article.
No certificate of occupancy shall be issued by the Building
Inspector until all tree planting, tree dressing and associated restoration
work shall be completed to the reasonable satisfaction of the Building
Inspector or designee. In the event seasonal planting requirements
prevent the timely completion of all planting and restoration work,
the Building Inspector may issue a certificate of occupancy together
with prescribed conditions.
Any person, corporation, company, partnership, firm or other
legal entity violating any of the provisions of this article shall
commit an offense, the fine for which shall not exceed $250 for each
offense. The removal, destroying or killing of each protected tree
or shrub shall constitute a separate offense. In addition, any person,
firm or corporation violating any provision of this article may be
required to replace such protected tree or shrub with one of similar
size and quality as provided in this chapter. When restoration is
determined by the Village to be impractical or undesirable, an additional
fine may be imposed in an amount not to exceed $1,000.
No Village department, agency, commission or authority in the
Village of Malverne, or any employee of the Village, or any firm or
individual retained by the Village shall propose to or shall cut down,
kill or otherwise destroy more than 10 protected trees or shrubs in
any Village park or on other Village property, with the exception
of Village highways, within the Village of Malverne, without first
providing written notice to the Village Board of Trustees. The Board
of Trustees may consult the Tree and Beautification Committee and
ask for its recommendation on the destruction of said protected trees
or shrubs, and the determination of the Village Board of Trustees
concerning their destruction shall be final.
Any property owner who is the subject of any decision under
this article by the Tree and Beautification Committee, the Village
Clerk or the Building Inspector may, within 30 days of receiving such
decision, appeal such decision to the Village Board of Zoning Appeals.
The decision of the Village Board of Zoning Appeals on any such appeal
shall be deemed to be the final decision of the Village of Malverne.
Nothing in this article should be construed to interfere with
the right of any public utility to enforce or act with any preexisting
utility easements created by law or agreement.
Unless otherwise provided, the provisions of this article shall
be administered and enforced by the Superintendent of Public Works,
Building Inspector, Deputy Building Inspector, Interim Building Inspector,
and/or Assistant Building Inspector. Violators are subject to court
action.