Since it has been established that trees stabilize the soil
and control water pollution by preventing soil erosion and flooding,
absorb air pollution, provide 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 Village of New Hyde Park of these benefits and disrupts fundamental
ecological systems of which trees are an integral part, the purpose
of this chapter is to prevent the indiscriminate destruction or removal
of trees within the boundaries of the Village of New Hyde Park and
to provide for the relocation or replacement of trees which may be
removed or destroyed.
As used in this chapter, the following terms shall have the
meanings indicated:
APPLICANT
Any person making an application pursuant to this chapter.
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
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.
SUPERINTENDENT
The Superintendent of Buildings or such other enforcement
officers as authorized by resolution of the Board of Trustees.
TREE
Any living upright woody plant, together with its root system,
which has at least one trunk of six inches or greater in diameter
or 18 inches or greater in circumference at a height of four feet
above the base of the trunk.
TREE PERMIT
A written authorization to plant and/or remove one or more
trees pursuant to this chapter.
No applicant 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 Village unless such applicant
shall first obtain a permit therefor signed by the Superintendent.
No such permit shall be issued unless the applicant seeking
such permit shall file with the Superintendent 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 chapter, 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.
Any applicant aggrieved by a decision of the Superintendent
may appeal in writing to the Board of Trustees of the Village.
Any person, association, firm or corporation that violates any
provision of this chapter or assists in the violation of any provision
of this chapter shall be guilty of a violation of this chapter only
and shall be punishable as follows:
A. By a fine of not more than $2,000 or by imprisonment for a period
not to exceed 15 days, or both, for conviction of a first offense.
B. By a fine of not more than $5,000 or by imprisonment for a period
not to exceed 15 days, or both, for conviction of a second offense,
provided the first and second offenses were committed within a period
of five years of each other.
C. By a fine of not more than $10,000 or by imprisonment for a period
not to exceed 15 days, or both, for conviction of the third or subsequent
offense or a series of offenses, all of which were committed within
a period of five years.