[Adopted 11-20-1973 by L.L. No. 15-1973]
The Board of Trustees of the Village of Great
Neck Plaza hereby finds that Village-owned trees are unnecessarily
damaged due to construction activities undertaken in areas adjacent
to said trees. The Board further finds that Village-owned trees are
damaged as a result of unauthorized cutting of such trees. The Board
of Trustees, therefore, finds that it is necessary to adopt this article
in order to establish standards which will control activities which
otherwise might damage Village-owned trees.
As used in this article, the following terms
shall have the meanings indicated:
An individual, a partnership, a corporation, an association,
a joint-stock company, a trust, any unincorporated organization or
a government or political subdivision thereof.
That surface which is an equal perimeter at the base of the
tree to the furthermost tip of the most extended branch of said tree.
Includes, but is not limited to, roads, gutters, driveways
and curbs and sidewalks.
All trees which are located on a street or Village property.
A.
No person shall:
(1)
Cut, prune or otherwise damage the trunk, the branches,
the roots or any other part of a Village-owned tree without a prior
written permit from the Superintendent of Public Works.
(2)
Pile or otherwise store excess soil from excavation
or grading on top of the root surface of a Village-owned tree without
a prior written permit from the Superintendent of Public Works.
(3)
Lay paving over the root surface of a Village-owned
tree without a prior written permit from the Superintendent of Public
Works.
(4)
Reconstruct the grade of the root surface of a Village-owned
tree more than eight inches above the original grade nor less than
the original grade without a prior written permit from the Superintendent
of Public Works.
B.
Any person who engages in any construction work of
any kind within eight feet of the root surface of a Village-owned
tree shall be required to have boards of two-inch minimum thickness
fastened around the entire perimeter of the trunk of the Village-owned
tree from the base of the tree to a height of 10 feet or the lowest
branch, whichever is lower, which boards shall be held in place by
a suitable expandable banding material, such as nylon rope. Such protection
shall be kept intact during all phases of construction and until the
work is completed.
C.
Any person who engages in any construction work of
any kind within eight feet of the root surface of a Village-owned
tree shall be required, prior to the commencement of any construction
work, to root-feed said tree with a suitable formula by a firm qualified
to engage in such business.
D.
Any person who engages in construction work within
eight feet of the root surface of a Village-owned tree or engages
in construction activity on a street or Village-owned property shall
be deemed to have agreed to employ a duly qualified firm approved
by the Superintendent of Public Works to repair any Village-owned
tree which is damaged as a result of said person's construction activities
or, if deemed necessary by the Superintendent of Public Works, to
remove said tree, including the stump, and plant a comparable tree
in its place.
[Amended 6-19-1996 as L.L. No. 4-1996]
Any person who violates any provision of this
article shall be liable to pay a penalty not to exceed $250 or be
imprisoned for a period not to exceed 15 days, or both, for each such
violation.
This article shall supersede all other local
laws, ordinances, resolutions, rules and regulations of the Village
of Great Neck Plaza to the extent that they are inconsistent with
this article.