[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.
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.
Cutback distance chart.
Definitions. As used in this section, the following terms shall have the meanings indicated:
- P/L CUTBACK DISTANCE
- Distance from corner formed by the intersection of the property lines to property line cutback point.
- 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]
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.