[HISTORY: Adopted by the Floral Park Village Board 5-4-1943.
Amendments noted where applicable.]
[Amended 3-22-1994 by L.L. No. 3,
1994; 9-17-1996 by L.L. No. 8, 1996]
A.
No person, firm or corporation, public service, water,
light or power company, telephone company or television company, utility or
any other municipality shall remove, cut or trim any shade or ornamental tree
in any street, park or other public place within the Village of Floral Park
without first obtaining a permit from the Superintendent of Public Works.
B.
Such permit shall be issued only if the applicant:
(1)
Identifies the particular trees to be removed, cut or
trimmed in a specified area within the village shown with reasonable particularity
on the application.
(2)
Substantiates the proposed work is necessary to maintain
safe, reliable and efficient utility service, to protect public safety or
to protect property.
(3)
Provides the identity and address of the contractor performing
the proposed work and the name of the individual who will be supervising the
proposed work and the date or dates when the proposed work is to be performed.
(4)
Pays the required fee so set by resolution of the Board
of Trustees.
C.
In reviewing an application, the Superintendent of Public
Works shall ensure that only such amount of the trees is cut, trimmed or removed
as necessary to protect property, preserve public safety and to ensure that
such cutting, trimming or removing is necessary to maintain utility service
provided to village residents.
D.
The permit fee shall be applied for annually in January
of each year regardless of the number of trees that are affected by such permit.
Such permit shall be effective until December 31 of each year.
E.
In the case of an emergency or other exigent circumstances
where it is necessary to immediately restore or maintain service to village
residents, a utility company will not be required to obtain a permit under
this section, but must obtain oral approval from the Superintendent of Public
Works. If such oral approval cannot be obtained after good faith efforts,
the utility company may proceed with the tree trimming work but must then
obtain oral approval from the Superintendent of Public Works as soon as practicable.
No person shall mutilate, injure, destroy or cause to be destroyed any
shade or ornamental tree or shrub or disturb any guard protecting such tree
or shrub planted upon any street, park or other public place of said village.
[Added 12-6-1988 by L.L. No. 3-1988[1]]
A.
There is hereby established within the Department of
Public Works a Shade Tree Department.
B.
The Shade Tree Department will have a Tree Supervisor
and a staff composed of no less than a laborer, motor equipment operator and
tree pruner. The Tree Supervisor and his staff are to be appointed in accordance
with all appropriate state and village laws and regulations.
C.
It shall be the responsibility of the Shade Tree Department
to care, preserve, prune, plant, replant, remove or dispose of trees and shrubs
in parks, along streets and in other public areas as directed by the Superintendent
of Public Works. The Tree Supervisor shall also prepare annually 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, which plan shall be submitted to the Board of Trustees for its consideration,
and, upon its acceptance and approval by the Board of Trustees, that written
plan shall constitute the official comprehensive tree plan of the Village
of Floral Park. In addition, the Tree Supervisor shall also maintain a list
of approved trees to be planted in the village, which shall be prepared from
the written plan approved by the Board of Trustees. The Tree Supervisor and
the Shade Tree Department shall perform such other duties as may be designated
by the Superintendent of Public Works.
[Added 12-6-1988 by L.L. No. 3-1988[1] ]
No person shall plant any species of trees except those designated on
the approved tree list to be maintained by the Shade Tree Department.
[Added 12-6-1988 by L.L. No. 3-1988[1]]
A.
No tree shall be planted along any street in the Village
of Floral Park nearer than 20 feet to the point of intersection of the curb
of such street with the curb of any other street.
B.
No tree shall be planted nearer than one foot to the
established curbline or outside line of the sidewalk.
C.
No trees shall be planted less than 20 feet apart or
within 20 feet of any existing tree.
D.
No tree shall be planted unless the trunk is at least
two inches in diameter when measured one foot above the ground.
E.
No bush, plant, shrub or any kind of planting shall be
placed or maintained in front of any premises between the sidewalk and curbing
on any street or public place.
F.
No tree, bush, plant or shrub shall be planted, placed
or maintained on any private premises, nor shall any tree be planted, placed
or maintained between the sidewalk and the curbline in or on any street or
public place, that obstructs or in any way interferes with a clear view of
the public highways for both pedestrians and operators of any vehicles, nor
shall any tree be maintained not having a proper clearance of at least eight
feet above the sidewalk.
[Added 12-6-1988 by L.L. No. 3-1988]
A.
Any person committing an offense against this chapter
or any section or provision hereof shall be guilty of a violation punishable
by a fine not exceeding $250 or imprisonment for a period not exceeding 15
days, or by both such fine and imprisonment, for each tree illegally removed
or substantially altered. Each such violation shall constitute a separate
offense and shall be punishable as such hereunder.
B.
In addition, this chapter may be enforced by civil action
for monetary damages and/or for an injunction, and any person who has violated
or permitted a violation of this chapter may be directed by the village to
replace any trees removed, destroyed or substantially altered in violation
of this chapter with new trees having a diameter not less than two inches
when measured six inches above the ground level; and, where such direction
has been made, no building permit or certificate of occupancy shall be issued
for structures on said real property until such replacement has been completed
or a guaranteed replacement bond has been posted.
[Added 12-6-1988 by L.L. No. 3-1988]
If any clause, sentence, paragraph, section or part of this chapter
shall be adjudged by any court of competent jurisdiction to be invalid, the
judgment shall not affect, impair or invalidate the remainder of this chapter
but shall be confined in its operation to the clause, sentence, paragraph,
section or part of this chapter that shall be directly involved in the controversy
in which such judgment shall have been rendered.
