[HISTORY: Adopted by the Board of Trustees
of the Village of Mill Neck 6-9-1992 as L.L. No. 7-1992. Amendments noted where
applicable.]
A.
The Board of Trustees of the Incorporated Village
of Mill Neck hereby finds that there is a direct relationship between
the preservation and planting of trees and the health, safety and
welfare of village residents and that trees are related to the natural,
scenic and aesthetic values and the physical and visual qualities
of the environment which the village desires to protect. Trees reduce
noise, provide welcome shade and privacy to village residents, enhance
air quality and promote a restful rural atmosphere in the village.
Trees also stabilize the soil and control water pollution by preventing
soil erosion and flooding, yield advantageous climatic effects and
provide a natural habitat for wildlife.
B.
The indiscriminate removal of healthy trees creates
the need for costly drainage control, impairs the value and enjoyment
of residential properties and adversely affects the health, safety
and general welfare of the residents of the Incorporated Village of
Mill Neck.
A.
It shall be unlawful for any person to remove, destroy
or substantially alter any tree specified below without a tree permit:
(1)
Any tree having a diameter equal to or greater than
six inches, which diameter is measured at a point four feet six inches
above ground level.
(2)
Any two or more trees within a period of 30 days,
whether or not the diameter of trees are equal to or greater than
six inches, provided that the foregoing shall not include normal property
maintenance such as lawn mowing and the like.
B.
The foregoing provisions of this section shall not
apply to:
(1)
Horticultural pruning done pursuant to customarily
accepted ornamental or therapeutic practice, which does not substantially
alter the tree.
(2)
Any emergency situation in which the removal, destruction
or substantial alteration of any tree is necessary to prevent imminent
danger to human life or property.
A.
Application for a tree permit shall be made to the
Building Inspector.
C.
The Building Inspector may require a sketch or plan
of the area indicating the following when deemed necessary to carry
out the provisions of this chapter:
(1)
Existing heavily wooded areas on the site, showing
the tree type and range of sizes.
(2)
The location and size of trees to be removed.
(3)
The location of any improvements on the real property.
(4)
Any additional information that the Building Inspector
may reasonably deem necessary for evaluation of the application, except
that no new survey of the property or survey location of trees may
be required unless there is controversy as to whether a tree is located
on the property.
D.
The decision of the Building Inspector shall be based
upon the following criteria:
(1)
The condition of the tree with respect to disease
and danger of falling, proximity to existing or proposed structures
and interference with utility services.
(2)
The necessity of the removal or alteration of the
tree in question.
(3)
The effect of the removal or alteration thereof on
ecological systems.
(4)
The character established at the proposed site of
removal or alteration with respect to existing vegetation management
practices.
(5)
The impact of any removal or alteration upon the aesthetics
of the site and upon existing screening of any contiguous properties
or any road or highway bordering the property.
[Amended 5-14-1996 by L.L. No. 1-1996; 3-15-2023 by L.L. No. 5-2023]
A.
Fee schedule.
|
Fee Schedule
| |
|---|---|
|
Number of Trees
|
Fee
|
|
1 to 5
|
$75
|
|
6
|
$110
|
|
7
|
$145
|
|
8
|
$180
|
|
9
|
$215
|
|
10
|
$250
|
|
11
|
$375
|
|
12
|
$425
|
|
13
|
$475
|
|
14
|
$525
|
|
15
|
$575
|
|
16
|
$625
|
|
17
|
$675
|
|
18
|
$725
|
|
19
|
$775
|
|
20
|
$825
|
|
21
|
$1,275
|
|
22 and up
|
$1,275 + $75 per tree over 21
|
B.
Changes of fees. The fees set forth above may be increased or decreased
from time to time by resolution of the Board of Trustees, and a current
record and schedule of such fees shall be maintained by the Village
Clerk/Treasurer.
A.
Any tree or shrub growing on private real property
which is endangering or, in the opinion of the Building Inspector,
constitutes a danger to a public street or to persons or vehicles
thereon or to public places shall be removed or trimmed by the owner
of the real property within 14 days after receipt of written notice
from the Village Clerk. In the event that the property owner fails
to remove or trim such tree or shrub within said time, the village
may then remove or trim said tree or shrub and assess the cost thereof
against the property owner.
B.
Nothing herein shall limit the authority of the village
to remove or alter any tree or shrub it deems necessary to protect
the health, safety and welfare of the village residents.
The Building Inspector may require the planting
of the same or an agreed-upon alternative species of trees which are
as nearly comparable in type and size as practical to the trees to
be removed, when the individual character of the trees or the ecological
setting requires special consideration as a condition for the issuance
of a tree permit for removal. The location for planting of the replacement
trees shall be specified in writing by the Building Inspector prior
to issuance of the tree permit for removal.
A.
Any person aggrieved by any final determination of
the Building Inspector in the exercise of the authority herein granted
shall have the right to appeal to the Board of Trustees, the decision
of which shall be final and conclusive.
B.
An appeal shall be in writing, stating the decision
appealed from and the reasons for the appeal.
[Amended 12-4-2002 by L.L. No. 3-2002]
A.
Each tree removed, cut down, destroyed or substantially
altered in violation of this chapter shall be a separate violation
and punishable by a fine not to exceed $1,000 or by imprisonment for
a term not exceeding 15 days, or by both such fine and imprisonment.
B.
The Building Inspector shall stop all work and construction
activity on any property where a violation of this chapter has occurred
and is prohibited from issuing any certificate of occupancy or additional
permits for construction at the property or permitting work to resume,
unless and until the provisions of this section have been satisfied.
C.
In addition, any person convicted of violating the
provisions of this chapter shall be required to replace, in kind,
each and every tree removed, cut down, destroyed or substantially
altered in violation of this chapter. If a tree was so large and mature
that it cannot be replaced, the court, upon the recommendation of
the Building Inspector, may require the planting of multiple trees.
