Village of Valley Stream, NY Tree Preservation

[HISTORY: Adopted by the Board of Trustees of the Village of Valley Stream 10-21-2019 by L.L. No. 3-2019.[1] Amendments noted where applicable.]

GENERAL REFERENCES

Streets and sidewalks — See Ch. 80.

Vegetation — See Ch. 91.

Zoning — See Ch. 99.

[1]

Editor's Note: This local law also repealed former Ch. 90, Tree Preservation, adopted 2-25-1991 by L.L. No. 1-1991, as amended.

§ 90-1 Legislative intent.

The environmental contributions attributable to trees are readily understood in that, as examples, trees contribute to the stabilization and preservation of soil, to the reduction of noise from traffic and to the reduction of air pollutants and to the formation of oxygen in the atmosphere. In addition, trees save energy and afford economic value by providing cooling shade in the summer and windbreaks in winter, add an aesthetic quality to all areas within the village and contribute towards harmonious surroundings and a healthy ecosystem. Through the planting of trees, business areas can be beautified and building lines aesthetically softened. In residential areas, trees provide natural beauty and afford a true sense of stability.

Indiscriminate damage to and destruction of trees, especially mature trees, causes barren and unsightly conditions, increases surface drainage problems, increases municipal expense to control drainage, impairs the stability and value of developed and undeveloped property, and adversely affects the health, safety, environment, ecosystem, and general welfare of the inhabitants of Valley Stream. The unregulated destruction of trees contributes to the degradation of the natural beauty, environmental quality and historic character of the Village.

It is not the purpose of this legislation to deter lawful building and development of property within the village, but to establish reasonable guidelines for tree preservation and sensibly regulate tree removal when necessary and warranted.

§ 90-2 Definitions.

As used in this chapter, the following words or phrases shall have the meanings annexed to each:

APPLICANT

The owner of real property or his duly authorized agent seeking a permit to remove or plant trees pursuant to the provisions of this chapter.

CALIPER

The measurement of the diameter of the tree taken at a specific point above ground level or as near that point as possible.

(1)

Transplantable trees having less than four-inch calipers shall be measured six inches above the ground.

(2)

Transplantable trees having four-inch to twelve-inch calipers shall be measured 4 1/2 feet above the ground.

(3)

Nontransplantable trees having calipers of 12 inches or more shall be measured 4 1/2 feet above the ground.

CURBSIDE AREA

Includes all land lying between the curb line of the public roadway, or a private roadway open to the public, and the property line of the abutting premises, which has not been surfaced or improved with concrete or other paving material.

GREEN VALLEY STREAM TREE FUND

A dedicated fund established by the Board of Trustees to enhance the ecological and environmental aspects of trees, and the agricultural health and stability of the Village. Funds deposited will be used to plant trees elsewhere in the Village.

LOT REAPPORTIONMENT

(1)

A change in a subdivision map filed in the Nassau County Clerk's office which alters the size of any lot shown thereon and creates an additional lot or lots.

(2)

Any subdivision of property requiring a waiver of the filing requirements of § 334-a of the Real Property Law.

(3)

Any subdivision for which Village of Valley Stream Planning Board approval is required.

PERMIT

A written authorization issued by the applicable department.

PERSON

Any individual, firm, partnership, association, corporation, company or public utility.

ROAD or HIGHWAY

A street, roadway or highway maintained by the village, city or state, or a private street which is otherwise open to the public.

SUBDIVISION

The division of real property into lots, plots, blocks, sites or units, with or without streets, for the purpose of offering the lots, plots, blocks, sites or units for sale to the public.

SUBSTANTIAL ALTERATION

Any cutting, pruning, elevating or other alteration of the habit of a street which impairs or endangers the life of such tree or destroys its natural symmetry; and includes but is not limited to heavy or unnecessary cutting of top branches (topping), cutting of major lower limbs (sever elevating) and drastic pruning, but shall not include customarily accepted or ornamental procedures.

TREE

A woody plant which, at maturity, is 20 feet or more in height, usually with a single trunk unbranched for at least three feet above the ground and having more or less a definite crown.

VILLAGE

The geographical area of the Village of Valley Stream.

Words singular in form may include the plural, and words plural in form may include the singular.

§ 90-3 Creation and establishment of Village Tree Board.

There is hereby created and established a Village Tree Board for the Incorporated Village of Valley Stream, which shall consist of five members, all residents of the Village, who shall be appointed by the Mayor with the approval of the Board of Trustees.

The term of office of the five persons to be appointed by the Mayor with the consent of the Board of Trustees shall be three years except that the term of two members appointed to the first board shall be only for one year and the term of two members of the first board shall be for two 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.

Members of the Village Tree Board shall serve without compensation.

It shall be the responsibility of the Village Tree Board to study, investigate counsel and develop and/or update annually, and administer a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks, along streets and in other public areas. Such plan shall be presented annually to the Village Board of Trustees. The Village Tree Board, when requested by the Village Board of Trustees, shall consider, investigate, make findings and report upon any special matter or question within the scope of its work.

§ 90-4 Removal of trees prohibited without permit; replacement or fee required.

No person shall destroy, remove or substantially alter the habit of any tree located within the curbside area and/or on private property without obtaining a permit from the Superintendent of Public Works or his duly authorized agent of the Village of Valley Stream, pursuant to § 90-5 hereof. An inspection of the tree(s) in question will be conducted by the Village tree specialist and a determination made as to the issuance of a permit.

The Village shall have the right to cause the removal of any dead, diseased or dangerous trees on private property within the Village, when such trees constitute a hazard to life and property, or harbor insects or disease that constitutes a potential threat to other trees. The Village shall notify in writing the owners of such trees. Removal shall be done by said owners at their own expense within 30 days after the date of delivery of the notice. In the event of failure of owners to comply with such provisions, the Village shall have the authority to remove such trees and assess the cost of removal upon the owner's next property tax statement.

In the event that any tree thereby is removed, it may be required to be replaced within 12 months by the planting of a tree of a species set forth in § 90-7 hereof, having a trunk diameter not less than two inches when measured six inches above ground level. The preferable location for the planting of a replacement tree is proximate to the location of the original tree.

In the event that the property owner or the duly authorized representative of the owner, does not desire to plant a replacement tree as set forth in Subsection C, or when like-sized replacement is not practical, it may be required that a fee (no less than $100 and not to exceed $500) be charged and this fee would be paid to the Village's "Green Valley Stream Tree Fund." This fee may be hereafter amended by resolution of the Board of Trustees of the Village of Valley Stream.

Where five or more tree cuttings are planned for landscaping, a landscape design plan indicating the species and location of replacement plantings must also be attached to the application. If 10 or more tree removals are planned, the applicant may be required to pay for an inspector, to be assigned by the Village, to supervise the orderly development of the land.

Any applicant desiring to remove or substantially alter one or more trees in connection with construction, alteration or other work for which a building permit is required shall submit a site plan, pursuant to § 99-2703 of this Code.

The Superintendent of Public Works or his duly authorized agent may waive the requirements of Subsections C and D hereof mandating the planting of a replacement tree or contributing to the Village's "Green Valley Stream Tree Fund" as set forth above, if the replacement tree would be in dangerous proximity to existing or proposed structures; would interfere with utility services, drainage systems, sewer systems or other subsurface improvements; or would create a hazardous or dangerous sidewalk condition; or if the tree is dead or diseased to the extent that it cannot, or should not, consistent with good and accepted arboricultural practices, be saved, or that the removal of the tree is otherwise necessary due to its health or physical condition, according to good and accepted arboricultural practices.

§ 90-5 Permits required for trees.

A permit shall be required as hereinafter noted for:

(1)

The removal of any tree; or

(2)

The planting or replacement of any tree.

No tree shall be planted or replaced within the curbside area unless it is of a type described in § 90-7 hereof.

Applications for permits shall be obtained from the Superintendent of Public Works or his duly authorized agent in whatever form deemed appropriate by said Superintendent.

A fee of $25 shall be charged to obtain a permit for the removal, planting or replacement of any tree. This fee may be hereafter amended by resolution of the Board of Trustees of the Village of Valley Stream.

§ 90-6 Installation and maintenance of concrete or asphalt cover prohibited in certain areas.

Except in the case of the installation of a duly authorized concrete curb cut and apron, and except in areas where the width is inadequate (less than three feet) to permit the growth and maintenance of trees, the installation and maintenance of a concrete or asphalt cover in the area between the sidewalk and curb are prohibited in order to maintain botanical and environmental conditions within said areas conducive to the growth and maintenance of healthy, vibrant trees. Anything to the contrary not withstanding, the provisions of this section shall not apply to existing hard - Surfaced areas which were replaced as part of any village highway improvement project or the private reconstruction of existing hard-surfaced curbside areas.

§ 90-7 Permissible trees in curbside area.

No tree shall be planted within the curbside area in front of or adjacent to any private premises except trees whose root systems normally will not cause damage to sidewalks, curbs or utility installations. Unless otherwise approved by the Superintendent of Public Works or his duly authorized agent, trees shall be planted from March 1 to May 1 and from October 15 to December 15.

Only the following trees shall be planted within 15 feet of utility lines, at a minimum tree spacing of 50 feet:

Maple Amur