[HISTORY: Adopted by the Board of Trustees
of the Village of Island Park as indicated in article histories. Amendments
noted where applicable.]
[Adopted by Ord. No. 12; amended in its entirety 10-17-2008 by L.L. No. 7-2008]
No trees, shrubs or hedges shall be planted within the area between the sidewalk and curb in front of or adjacent to any private premises without a permit first being obtained from the Village Hall. All such plantings shall conform to appropriate regulations as may be set for the issuance of said permit. The care and maintenance of all new and existing trees, shrubs or hedges located within the sidewalk area shall be the responsibility of the owners or occupants of the premises located immediately adjacent to said trees, shrubs or hedges, as provided in § 560-2 of this article.
It shall be the duty of every owner, tenant or other occupant
of any house or structure, and every owner or person entitled to possession
of any vacant lot, to remove trees, shrubs or hedges when required
by the Village authorities and to keep trees, shrubs and hedges in
front of or adjacent to his or her premises and within the sidewalk
area trimmed so that dead limbs are removed and overhanging limbs
will not interfere with passersby on the sidewalk or roadway; such
limbs must be kept trimmed at all times to allow a passage space of
not less than eight feet above the center of the sidewalk and not
less than 13 feet above the roadway, measured at a point five feet
from the curbline. It shall also be the duty of every owner, tenant
or other occupant of any house or structure, and every owner or person
entitled to possession of any vacant lot, to repair any sidewalk or
curb in front of or adjacent to such premises damaged by tree, shrub
or hedge roots located in front of or adjacent to said premises, whether
or not within the property line or sidewalk area.
No person shall in any way injure, destroy or
remove any shade tree(s) of over 10 feet in height planted within
the area between the sidewalk and curb in front of or adjacent to
any private premises without first securing the written approval of
the Village Board of the Village of Island Park.
No person or persons, firm, association or corporation shall
plant or permit to be planted any poplar trees of any type or willow
trees or trees known as "swamp maple trees" on any street within the
Village limits of the Village of Island Park, or within 25 feet of
any water conduit, sewage main or storm drain belonging to either
the Village of Island Park, the Town of Hempstead, the County of Nassau
or the State of New York.
A.
No person,
persons, firm, association or corporation shall suffer or permit any
fence, hedge, ornamental planting, bush or other structure or plant
which reduces visibility to an extent which creates a hazard to vehicular
traffic to be erected or to grow to a height greater than 2 1/2
feet above street level on any property owned or occupied by him or
them at a street intersection in the Village of Island Park within
the area of the triangle formed by the property corner and a line
connecting the two property line cutback points as tabulated in the
included cutback distance chart showing required cutback distances
for various angles of street intersections. If intersections have
different angles than those shown, then the property line cutbacks
shown for the closest corresponding angle will prevail.
C.
Cutback
distance chart.
|
Angle of Intersection
|
P/L Cutback Distance in Feet
| |
|---|---|---|
|
90°
|
3
| |
|
85°
|
5
| |
|
80°
|
8
| |
|
75°
|
10
| |
|
70°
|
13
| |
|
65°
|
16
| |
|
60°
|
19
| |
|
55°
|
22
| |
|
50°
|
24
| |
|
45°
|
28
|
D.
P/L CUTBACK DISTANCE
PROPERTY LINE CUTBACK POINT
Definitions.
As used in this section, the following terms shall have the meanings
indicated:
Distance from corner formed by the intersection of the property
lines to property line cutback point.
That point on the property line of the major street or the
minor street established by proceeding along the property lines from
their point of intersection the cutback distances as shown in the
cutback distance chart.
Any owner who has been notified by the Village Clerk or Supervisor of Public Works that the trees or shrubs on his premises are in violation of §§ 560-1 through 560-5 hereof, and who shall fail to correct the condition within five days of the sending of such notice to his last known address by mail, shall be in violation of this article, and in addition to the penalties otherwise enforceable, the Village may thereafter so trim offending trees and hedges as to correct the prohibited conditions and assess the cost thereof against the owners of the adjacent property. Such costs, if not paid, shall be assessable against the property as a tax thereon.
[Adopted by Ord. No. 13[1]]
No person or persons shall in any way injure
or destroy any shade trees planted along the public streets or sidewalks
within the Village of Island Park.
Any person committing an offense against this
article shall be guilty of a violation punishable by a fine not exceeding
$250 or by imprisonment for a period not exceeding 15 days for each
offense, or by both such fine and imprisonment.
