CHAPTER 44

STREETS AND PUBLIC PLACES

ARTICLE I

GENERAL PROVISIONS

§ 44.1 Title

This Chapter shall be known and may be cited as the "Village of Mineola Streets and Public Places Law".

§ 44.2 Definitions

As used in this Chapter, unless the context or subject matter otherwise requires, the following words shall have the following definitions:

PERSON: Includes natural persons, firms, corporations and associations.

PUBLIC PLACE: Shall mean streets, roads, avenues, sidewalks, thoroughfares, highways, parks, parkways, alleys, squares, plazas and any and all places not exclusively subject to private ownership, occupation or control.

BUILDING: Shall mean any erection of material to form a shelter of any kind, including, among other forms of shelter, tents, trailers, garages, barns, stables and other out buildings.

VEHICLE: Shall mean any device in, upon or by which any person or property is or may be transported or drawn upon a public highway, regardless of its means of propulsion, except a baby carriage and devices used exclusively on stationary rails or tracks.

§ 44.3 Obstructions

No person shall encumber, obstruct or use any street, highway or sidewalk in such a manner as to hinder, impede, delay or interfere with the free flow of traffic thereon nor place or deposit any merchandise, building material or other thing in or upon any street, highway or sidewalk without first having obtained the written permission of the designated Enforcement Officer.

§ 44.4 MUNICIPAL CODE

§ 44.4 Depositing destructive matter

No person shall place, drop or throw any glass, nails or other destructive matter in any public place or leave or permit any such article or matter to remain thereon.

§ 44.5 Animals or vehicles crossing sidewalks or curbs

No person shall lead, ride or drive any horse, livestock or domesticated or wild animal of similar size, nor permit or suffer any vehicle to be driven or to otherwise pass or go over or upon any footpath or sidewalk or curb, except to cross said footpath or sidewalk or curb over a driveway duly established and regularly used for ingress and egress.

§ 44.6 Playing on sidewalks and streets

No person shall engage in ball playing or other sports and amusements upon any sidewalk or any street nor use any footpath or sidewalk for bicycling or roller skating.

§ 44.7 Parades and exhibitions

No person shall hold, take part or engage in arty parade, exhibition or entertainment in any public place without a written permit from the Board of Trustees.

§ 44.8 Bill posting, etc.

A. No person shall post, place or hang or cause to be posted, placed or hung any handbill, notice, sign or placard upon any post, telegraph, telephone or electric light pole, tree, fence, bridge, wall or other object in or upon any public place or upon any other premises or thing without the consent of the owner thereof.

B. This section shall not apply to the posting of any legal notice as prescribed by law.

§ 44.9 Excavations within highway right of way

A. Definitions.

For the purposes of this section, unless the context or subject matter otherwise requires, the following terms shall have the following meanings:

STREETS AND PUBLIC PLACES § 44.9

DISPLACEMENT OF SOIL: The breaking or opening of the unpaved portions of the highways of Mineola for any purpose.

EXCAVATION: The breaking or opening of the pavement of the highways of Mineola for any purpose.

HIGHWAY: The entire width between the boundary line of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular traffic.

PLACEMENT OF STRUCTURES: The placement of any structure within a highway, such as but not limited to telephone poles or other utility poles and/or any wires and anchors used to support telephone poles or other utility poles and the cables appurtenant thereto.

B. Permit required.

No person shall excavate, displace soil or place structures within or on the highways or public places of the Village of Mineola without first having obtained a permit from the appropriate Enforcement Officer.

C. Application; deposit; insurance.

Upon application in writing, on forms supplied by the Superintendent of Public Works, filed with the Department of Building and Code Enforcement, stating the purpose, extent, location and nature of a proposed excavation, displacement of soil or placement of structures on or within the highways of the Village of Mineola, the designated Enforcement Officer may grant or refuse a permit therefor. Except where such excavation, displacement of soil or placement of structures shall be directly authorized by law, the Enforcement Officer shall require the applicant to deposit with him or her a sum of money or bond which shall be adequate to pay all of the expenses to which the Village will be put to replace the affected portion of the highway in a condition equivalent to that existing prior to said excavation, displacement of soil or placement of a structure. The unexpended balance, if any, shall be refunded to the applicant‑depositor. Each applicant shall file a certificate of insurance evidencing that an insurance policy insuring the Incorporated Village of Mineola in the sum of One Hundred Thousand/Three Hundred Thousand Dollars ($100,000.00/$300,000.00) for personal liability and Twenty‑five Thousand Dollars ($25,000.00) for property insurance.

§ 44.9 MUNICIPAL CODE

D. Fees.

Except where otherwise provided by law, or where permits as above are granted for work done at the direction of the Superintendent of Public Works, each application for a permit shall be accompanied by a fee established by Resolution of the Board of Trustees. A permit for each individual excavation, displacement of soil or placement of a structure on or within the highways of Mineola shall be required. The Superintendent of Public Works, in his or her discretion, may provide for monthly billing for applicants requiring numerous permits on a frequent basis.

E. Notice to public service corporations.

No work shall be commenced under any permit granted pursuant to this section unless or until such notice as shall be directed by the Superintendent of Public Works shall have been given to public service corporations having lines, mains or other property on or in the highways.

F. Safeguards.

All excavations in the highways shall be surrounded by suitable barriers or guards, for the protection of persons using the highways, in the daytime and, in addition thereto, by lights or flares from twilight continuously until daylight. Such barriers and lights shall conform in kind and numbers to the requirements of the Superintendent of Public Works. Failure to provide barriers and lights conforming to the requirements of the Superintendent of Public Works shall be prima facie evidence of a failure to provide suitable barriers and lights.

G. Inspection; restoration; maintenance.

All permits granted for Village street, highway or sidewalk excavations for any purpose shall be conditioned upon the adequate inspection, at the expense of the applicant, of the property of the Village and public service corporations. All excavations shall be backfilled properly upon completion and a written notice thereof given to the Superintendent of Public Works. All permittees are to prepare pavements as follows: All types of roads, with the excep- tion of concrete, shall be replaced with a subbase of concrete six (6) inches in depth and surfaced with blacktop not less than two (2) inches in depth. Concrete roads shall follow the Nassau County specifications of one or two to four (1 or 2 to 4) reinforced

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concrete. All excavation shall be maintained by the permittee for six (6) months after such notice of completion has been given, and in the event of failure to maintain same, the Superintendent of Public Works may make the necessary repairs at the expense of the permittee.

§ 44.10 Shopping Carts

A. Leaving of carts in public places.

It shall be unlawful for any person, his agent or employee to leave or to suffer or permit to be left any shopping carts, wagon or other similar movable vehicle, either owned by him or in his possession, custody or control, upon any public place within the Incorporated Village of Mineola (hereinafter the "Village").

B. Removal by Village.

The Superintendent of Public Works shall remove or cause to be removed any shopping cart, wagon or other similar movable vehicle found upon any public place within the Village and shall take or cause such property to be taken to premises of the Village where it shall be held until redeemed or sold, as hereinafter provided.

C. Notice to Owner.

Whenever the Superintendent of Public Works shall take and hold any shopping cart, wagon or other similar movable vehicle containing identification of ownership or right to possession, a notice shall be sent by mail or delivered to such person, advising that such property is held by the Superintendent of Public Works and advising the amount necessary to redeem such property.

D. Sale at auction.

The Village Clerk may sell at public auction any shopping cart, wagon or other similar movable vehicle which remains in the custody of the Superintendent of Public Works for a period of fifteen (15) or more days after removal. The Village Clerk shall cause notice of public auction to be given by printing such notice in a publication of general circulation within the Village at least ten (10) days prior to such public auction. Such notice shall contain the time and place of the public auction and a general description of the property to be sold. The public auction shall be conducted by the Village Clerk or his designee.

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§ 44.10 MUNICIPAL CODE

E. Redemption prior to sale.

Such shopping cart, wagon, or other similar movable vehicle may be redeemed by the owner or custodian thereof at any time prior to the sale thereof or the dismantling or otherwise disposal thereof, by tendering to the Clerk of the Village, at his office during regular business hours, the sum of ten dollars ($10.00) per cart, shopping cart, wagon or other similar movable vehicle, plus the sum of one dollar ($1.00) per day for each day or part thereof over two (2) that each such item is held by the Superintendent of Public Works. In addition, the person seeking to redeem shall be required to pay the pro rata cost of advertising the sale of such property, if any. Any return of property by the Clerk to a person pursuant hereto shall be an absolute defense to the Village against any other person claiming to be entitled thereto.

F. Disposal of unsold property.

In the event that a shopping cart, wagon or other similar movable vehicle taken into Village custody pursuant to this Chapter shall remain unsold at public auction, the Village Clerk may reoffer it for sale at a subsequent public auction held pursuant to this Chapter he may dismantle or otherwise sell or dispose of such property. Any such sale or other disposition of such property pursuant to this Chapter shall be without liability on the part of the Village to the owner of such property or other person lawfully entitled thereto or having an interest therein. [§ 44.10 added LL # 28, 2000, 6/21/2000.]

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STREETS AND PUBLIC PLACES § 44.23

ARTICLE II

SIDEWALKS AND GENERAL SPECIFICATIONS

§ 44.21 Cleaning sidewalks

No person occupying any private dwelling and no person owning or exclusively controlling any other premises, either vacant or improved, shall permit any sidewalk in front of or contiguous to such premises to remain covered, obstructed or encumbered with ice, snow, dirt, filth, weeds, rubbish, litter, debris or other obstructions or encumbrances for more than two (2) hours after a reasonable opportunity has been had to remove same.

§ 44.22 Repair and maintenance of sidewalks, paths and/or public

thoroughfares

No person owning and/or occupying any premises shall allow any sidewalk, path and/or public thoroughfare in front of or contiguous to such premises to become or remain in any condition which might reasonably endanger any person, after receiving actual or constructive notice thereof. If such sidewalk, path and/or public thoroughfare shall not have been repaired or put in a safe condition within a reasonable time after receipt of such actual or constructive notice, the Board of Trustees may serve a notice upon the owner or occupant of such premises, specifying the place, manner and time, not less than twenty-four (24) hours, within which said sidewalk, path or public thoroughfare is required to be repaired or put in a safe condition. If the owner and/or occupant of such premises shall not repair the sidewalk, path and/or thoroughfare within the time required by the notice, the Board of Trustees may cause the repairs to be made to the sidewalk, path and/or public thoroughfare or to be otherwise put in a safe condition and assess the expense thereof upon the adjoining land, and such assessment shall be made and collected in the same manner as the making and collection of any other assessment as prescribed by the provisions of the Village Law. [Amd. LL #11, 92, 9/9/92.]

§ 44.23 Liability of owners and/or occupants of premises abutting

sidewalks, paths and/or public thoroughfares

In the event that the owner and/or occupant of any premises abutting a sidewalk, path and/or public thoroughfare shall fail to comply with the provisions of §43.22 of this Article, and personal injury or property damage shall result from such failure, said

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§ 44.23 MUNICIPAL CODE

owner and/or occupant of the premises shall be liable to all persons who are injured and/or whose property is damaged as a result of such noncompliance. [Added LL #10, 92, 9/9/92.]

§ 44.24 Construction of streets, sidewalks, aprons, curbs and

gutters

A. Written permit required.

No person shall construct or cause any street, sidewalk, curb, apron, gutter or combined curb and gutter to be constructed upon any public place without first obtaining a written permit from the Board of Trustees and thereafter complying with the general construction plans on file in the Village Office and the specifications hereinafter set forth.

B. Dedication.

The Village of Mineola will not accept the dedication of any street, road or avenue unless a permit, as herein provided, is obtained before construction of any of the above improvements and unless said improvements are constructed in accordance with the aforementioned plans and specifications.

C. Application for permit.

The application for the permit shall be made in writing to the Department of Building and Code Enforcement and shall specify the location where the proposed street, sidewalk, curb, apron, gutter or combined curb and gutter is to be laid and the length of the proposed construction in lineal feet. The application for the permit shall be accompanied by a fee established by Resolution of the Board of Trustees.

D. Curb cut.

No person shall cut away, break or remove any existing curb or part thereof without first obtaining a written permit from the

[Next page is 44.7.]

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STREETS AND PUBLIC PLACES § 44.25

Board of Trustees.

E. Curb cut permit.

The application for such permit shall be accompanied by a fee and a cash deposit established by the Board of Trustees to ensure proper restoration. The deposit shall not be returned until the restoration has been approved by the Board of Trustees.

F. Restoration.

If a restoration acceptable to the Board of Trustees is not made within a reasonable time after notice to the depositor, the Board of Trustees may cause a proper restoration to be made and the deposit to be applied to the cost thereof.

§ 44.25 General specifications

A. Sidewalks.

1. All sidewalks shall be constructed in accordance with the lines and grades furnished by the Village Engineer and the specifications on file in the Office of the Superintendent of Public Works. In the absence of such specifications, the specifications of the New York State Department of Transportation shall be deemed sufficient.

2. All stakes for lines and grades set by the Village Engineer shall be left undisturbed until after the Enforcement Officer has inspected and approved the construction.

3. All sidewalks constructed within areas designated as Residential Districts on the Official Zoning Map of the Village of Mineola shall be four (4) feet in width and all sidewalks constructed within areas designated as Business or Industrial Districts on said Zoning Map shall be at least ten (10) feet in width, except where physical conditions prevent construction of a sidewalk of that width, and under such conditions the sidewalk shall be as wide as the physical conditions permit.

B. Curbs.

1. All curbs shall be constructed in accordance with the lines and grades furnished by the Village Engineer.

§ 44.25 MUNICIPAL CODE

2. All stakes for lines and grades set by the Village Engineer shall be left undisturbed until after the Enforcement Officer has inspected and approved the construction.

3. All curbs shall be at an elevation of two (2) inches below the inside edge of sidewalks, unless otherwise specified by the Village Engineer.

4. The foundation shall be an eight‑inch bed of gravel or cinders.

5. The curb shall be eighteen (18) inches in depth, six (6) inches wide at the top and nine (9) inches wide at the bottom.

6. The specifications governing sidewalk construction shall also apply to the curbs. Corners are to be neatly rounded and trimmed. A three‑quarter‑inch expansion joint shall be cut through the entire curb at least every fifty (50) feet.

7. The inside face of the curb shall be vertical.

C. Combined Curb and Gutter.

1. All curb and gutter shall have a width of three (3) feet from the outer edge of the gutter to the back of the curb.

2. The specifications governing sidewalk construction shall also apply to the curb and gutter. A three‑quarter‑inch expansion joint shall be cut through the entire combined curb and gutter at least every fifty (50) feet. All corners and edges are to be neatly rounded and trimmed.

D. Gutters.

1. All gutters shall have a width of two (2) feet six (6) inches from the outer edge of the gutter to the outer surface of the curb.

2. The specifications governing the construction of sidewalks shall also apply to the gutter.

E. Aprons, ramps or driveway approaches.

All aprons, ramps or driveway approaches shall conform to the aforementioned plans and to the specifications governing the construction of sidewalks shall apply to the ramp, apron or

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driveway approach.

F. Bituminous penetration pavement.

1. Trench.

A trench shall be prepared and a foundation course of trap rock or dolomite, of which the largest stone shall not be more than two and one‑half (2 ½) inches nor the smallest less than two (2) inches, shall be spread to a uniform depth of five (5) inches, loose measure. This stone shall be placed with forks and in no case combed down and spread outward from the pile as originally dumped from the truck. The utmost care shall be exercised to place this stone in position free and clean.

2. Rolling.

When the above course is placed, true to form and grade, it shall be lightly rolled until the stone has been settled and keyed into place, care being exercised to secure a condition wherein the surface is still open and porous to allow the penetration of the binder. The rolling shall begin at the side of the pavement and continue toward the crown. If any unevenness or depressions appear during the rolling, extra stone shall be added to remedy the same. The above course shall not be rolled unless the stone is perfectly dry.

3. Application of bituminous penetration.

An application of Texaco No. 96 Paving Cement, or equivalent, at a temperature of not more than three hundred twenty‑five degrees Fahrenheit (325° F.) or less than two hundred fifty degrees Fahrenheit (250° F.) shall be spread upon the surface of the stone. This bituminous penetration shall be spread from a mechanical pressure distributor, with a spreader nozzle, in the proportions of one and three fourths (1 3/4) gallons to a square yard. It shall be spread in such a way as to secure uniformity of distribution and to coat the surface of the stone adjacent to the voids. Additional quantities shall be used if necessary to properly cover the stone. The unit of measure for the Bituminous Road Binder shall be the U.S. Gallon at a temperature of sixty degrees Fahrenheit (60° F.).

4. Second application of stone.

Immediately after the application of the binder to the top

§ 44.25 MUNICIPAL CODE

course, clean, dry three‑quarter‑inch trap rock stone or dolomite of the character specified above and free of dust, shall be spread thereon in such quantities as will completely fill the voids, take up the excess binder and prevent any binder sticking to the wheels of the roller. This course shall then be rolled until the same is thoroughly bonded and yielding to a firm, smooth surface. If any unevenness or depressions appear during rolling, suitable material shall be added to remedy same.

5. Second application of binder.

The surface shall be broomed free of all loose stone and a coating of hot bituminous material uniformly applied in the proportion of three‑quarters (3/4) of a gallon to the square yard, or sufficient to completely coat the surface. Clean, dry three‑eights‑inch trap rock, dolomite, stone or screenings, free of dust, shall then be spread over the hot binder insufficient quantities to fill all voids, take up the excess binder and protect the pavement while setting up. The surface shall then be thoroughly rolled to embed the stone coating and form a compact, smooth pavement. All stones shall be subject to inspection by the Engineer.

6. Seal coats.

When the surface is ready to be finished, it shall be broomed clean and free of impervious dust or any foreign matter or refuse that might obstruct or retard the penetration of the seal coat, and rolled. The seal coat shall be applied and spread with squeegees or brooms in a quantity averaging one‑third (1/3) of a gallon liquid asphalt to the square yard or sufficient to completely coat the surface. Clean, dry, hard, screened sand shall then be evenly spread over the surface in sufficient quantity to absorb any excess binder, and the pavement shall then be rolled until smooth and thoroughly bonded. Public traffic shall be suspended during the application of the seal coat.

G. Reinforced concrete pavement.

1. Subgrade.

The roadway to be improved shall be brought to subgrade. The cross section shall conform in every respect to the desired cross section of the pavement when completed, and shall be thoroughly rolled, with a roller weighing not less than ten (10) tons; all

STREETS AND PUBLIC PLACES § 44.25

places that cannot be rolled shall be rammed.

2. Spongy ground.

Whenever soft clay or spongy ground that will not compact under the roller is encountered, it shall be removed and the excavation filled with suitable materials and then thoroughly rolled or rammed before the concrete foundation is laid.

3. Fill.

Fill shall be spread in layers not more than twelve (12) inches thick across the entire width of embankment and each layer shall be thoroughly compacted and rolled with a ten (10) ton roller. Fill shall be brought several inches above subgrade and allowed to settle as long as possible before placing permanent pavement thereon.

4. Subdrainage.

a. When soil is of such character that it retains an excessive amount of moisture (such as clay), is subject to swelling and heaving under the action of frost, or consists of sands that do not afford a ready natural drainage, subdrains and side drains shall be provided.

b. Soils that do not readily drain shall be covered with a layer of cinders or gravel at least six (6) inches in depth. This layer shall be thoroughly compacted by rolling.

c. Cost and extent of subdrainage will be determined upon agreement between the contractor and the Village, as conditions arise.

5. Pavement section.

The pavement shall be not less than six (6) inches in thickness and of width and crown as shown on the general construction plans on file in the Village Office. The pavement shall be constructed in longitudinal lanes of a width of not less than ten (10) feet and not more than one‑half (½) the width of the entire pavement. Longitudinal construction joints must be sealed with a suitable bituminous material before pavement is opened to traffic.

§ 44.25 MUNICIPAL CODE

6. Reinforcement.

a. The pavement shall be reinforced throughout with steel wire mesh reinforcing, fifty‑one (51) pounds per one hundred (100) square feet, spaced six by twelve (6 x 12) inches number 3 gauge. Reinforcement mats shall extend to within three (3) inches of the edges of the slab and shall be accurately placed three (3) inches below the finished surface.

b. The concrete shall consist of a mixture of one (1) part portland cement, two (2) parts of fine aggregate and four (4) parts of coarse aggregate. The cement shall be American Portland cement of a recognized brand and shall meet the requirements of the "Standard Specifications and Tests for Portland Cement" of American Society for Testing Materials, as set forth in the "ASTM Standards." Sand used in concrete shall be screened. It shall be clean and coarse, or a mixture of fine and coarse grains, with the coarse grains predominating. It shall be silicious sand free from clay, mica, loam, organic matter and other impurities. Gravel used in concrete shall consist of pieces of hard, tough and durable rock or pebbles which has been washed and screened by the use of a screen having a one‑quarter‑inch mesh. Unless otherwise specified, the stone shall be of such size that every piece will pass through a one and one‑fourth (1 1/4) inch ring,for every position of the piece. There shall be a proper grading of sizes ranging between these limits and not less than fifty percent (50%) shall be retained on a screen of one‑half‑inch mesh. Gravel which contains pieces of shale, disintegrated rock, lime, clay or organic matter will not be accepted.

7. Mixing, placing and finishing.

The concrete shall be machine mixed, placed and finished in a workmanlike manner.

8. Expansion joints.

Expansion joints shall be constructed at intervals of approximately fifty (50) feet in the manner specified for premoulded expansion joints in Standard Specifications of the County of Nassau, of premoulded joint material and shall be

STREETS AND PUBLIC PLACES § 44.34

one‑half (4) inch thick and of a width equal to depth of pavement. Expansion joints shall extend through the integral curb so as to completely separate the sections adjacent to the joint.

9. Protection and curing.

a. Immediately after the concrete has received its final finish, it shall be covered with wet burlap left on and kept wet until such time as the concrete is sufficiently set to permit covering with hay, without marring. At such time the burlap shall be removed and a covering of hay, or other suitable material, placed upon the concrete. This cover shall be kept on the concrete continuously for ten (10) days.

b. There may be substituted for above method of curing, the method of covering with asphalt emulsion, or asphalt cutback, as required by Standard Specifications of the County of Nassau.

ARTICLE III

TREE PRESERVATION AND PROTECTION

§ 44.31 Legislative findings; purpose

Since it has been established that trees stabilize the soil and control water pollution by preventing soil erosion and flooding, absorb air pollution, provide us with oxygen, yield advantageous microclimatic effects, have an intrinsic aesthetic quality, protect and increase property values, offer a natural barrier to noise and provide a natural habitat for wildlife, and that the removal of trees deprives the residents of the Incorporated Village of Mineola of these benefits and disrupts fundamental ecological systems of which trees are an integral part, therefore, the purpose of this Article [is] to prevent the indiscriminate destruction or removal of trees within the boundaries of the Incorporated Village of Mineola and to provide for the relocation or replacement of trees which may be removed or destroyed.

§ 44.32 Definitions

As used in this article, the following terms shall have the meanings indicated:

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§ 44.32 MUNICIPAL CODE

PERSON. Includes the owner, lessee, occupant or person in possession of any premises in the Village, or any agent thereof.

APPLICANT. Includes the owner, lessee, occupant in possession of any premises in the Village, or any agent thereof, including contractors.

TREE. Any living upright woody plant together with its root system, which has at least one (1) trunk of two (2) inches or greater in diameter at a height of four (4) feet above the base of the trunk.

DBH (Diameter at Breast Height)/CALIPER. The diameter (or caliper) of a tree measured at a point four (4) feet above the base of the trunk or in the case of a tree for planting, at least two (2) inches in diameter at a height of six (6) inches above the top of the bail.

TREE PERMIT. A written authorization to plant and/or remove (a) tree(s) pursuant to this Local Law.

DESTRUCTION or REMOVAL. Includes such practices as girdling, trenching near the roots, application of herbicides, or nay other practice or action which may reasonably be expected to, either immediately or within the course of time, result in the death of a tree, but shall not include regular maintenance such as pruning or pollarding of a tree.

ENFORCEMENT OFFICER. Shall be the Enforcement Officer of such other person as authorized by the Board of Trustees by resolution from time to time.

VILLAGE. Incorporated Village of Mineola.

PLANTING OR REMOVAL OF TREES

§ 44.33 Permit required for planting of certain trees

No person or persons, firm or corporation shall plant any tree or shrub between the curb line (either existing or proposed) and the property lien of any street or highway shown on the Official Map of the Incorporated Village of Mineola or in any public area unless such person or persons, firm or corporation shall first obtain a permit therefor signed by the Enforcement Officer.

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STREETS AND PUBLIC PLACES § 44.36

§ 44.34 Application for permit; deposit

No such permit shall be issued unless the person or persons, firm or corporation seeking such permit shall file with the Enforcement Officer a signed application, in writing, setting forth the location where each tree or shrub is to be planted and the approximate size and variety thereof. Before a permit shall be issued there shall be deposited with the Village, with each such application, a sum as determined from time to time by resolution of the Board of Trustees. Said deposit shall be held as security for the proper planting of each such tree or shrub, the removal of all debris and the proper restoration of any grassy areas, sidewalks and curbs. Upon the completion of such planting and compliance with the provisions of this article, such deposit or any balance remaining after deducting the cost of removing any debris or the restoration of any grass areas shall be refunded to the applicant.

§ 44.35 Conditions prior to issuance of permit

A. No permit shall be issued by the Enforcement Officer for any such planting unless the same shall be in accordance with the specifications authorized by the Board of Trustees therefor on file in the Building Department and the permit appropriately defines the size and variety of the trees or shrubs to be planted and the location thereof.

B. No permit shall allow the planting of a tree with a DBH of less than two (2) inches.

§ 44.36 Permit required for destruction or removal of trees

A. It shall be unlawful for any person to injure, destroy or remove any tree within the Village without having first obtained a valid tree removal permit. Notwithstanding the above, it shall be unlawful for any person to injure, destroy or remove nay shade tree planted or growing upon any walk, public street or highway within the Village or in the Village right-of-way of any tree planted by the Village.

B. The provisions of this Chapter shall not apply to:

1. The removal of trees from horticultural properties such as farms, nurseries, orchards or commercial forests. This exception shall not be interpreted to include lumber harvesting incidental to imminent development of the land.

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§ 44.36 MUNICIPAL CODE

2. The removal of trees on public rights-of-way conducted by or on behalf of a federal, state, county, municipal or other governmental agency in pursuance of its lawful activities or functions in the construction or improvement of public rights-of-way.

C. The Enforcement Officer shall waive the provisions hereof for:

1. The removal of diseased or dead trees, as determined by the Enforcement Officer; or

2. The removal of any tree which has become or threatens to become a danger to human life or property, as determined by the Enforcement Officer.

D. Any persons desiring a tree removal permit, as required by this Article, shall submit a written application to the Enforcement Officer, together with a filing fee in such amount as determined from time to time by resolution of the Board of Trustees. The application shall include the following information:

1. The name and address of the applicant and status of legal entity.

2. The status of the applicant with respect to the land.

3. Written consent of the owner or owners of the land, if the applicant is not the sole owner.

4. The name of person preparing any map, drawing or diagram submitted with application.

5. Location of the property, including a street number and address and legal description as shown on the Official Map of the Village of Mineola.

6. A diagram of the parcel of land, specifically designating the area or areas of proposed tree removal and the proposed use of such area.

7. Location of all proposed structures and driveways on the site.

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STREETS AND PUBLIC PLACES § 44.36

8. Location of all trees and identification of size and species.

9. Designation of all diseased, dead or damaged trees.

10. Designation of any trees endangering any roadways, pavement or utility lines.

11. Any proposed grade changes that might adversely affect or endanger any trees on the site and specifications of how to maintain them.

12. Designation of trees to be removed and trees to be maintained.

13. The purpose of tree removal.

14. The size, species and planting method of all replacement trees.

E. The Enforcement Officer may, in addition, require the applicant to supply any of the following documentation:

1. A tree preservation plan specifying the methods to be used to preserve all remaining trees and their root systems and the means of providing water and nutrients to their root systems.

2. A topographical survey of the site if development or con-struction will result in change in elevation of more than five (5) feet or if the parcel of land is more than one (1) acre in area.

F. Upon receipt of the application, the Enforcement Officer shall visit and inspect the site and contiguous and adjoining lands. If he determines that the plan will destroy more trees than area reasonably necessary to achieve the stated purpose of the application or is not consistent with the stated purposes of this Article, the permit application shall be denied.

G. In determining whether or not a permit should be granted, the Enforcement Officer shall consider the following:

1. The condition of the tree or trees with respect to disease, insect attack, proximity to existing or proposed structures and interference with utility services.

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§ 44.36 MUNICIPAL CODE

2. The necessity of removing the tree or trees in order to implement the stated purpose of the application.

3. The effect of the tree removal on erosion, soil moisture retention, flow of surface waters and drainage.

4. The number and density of trees in the area and the effect of tree removal on other existing vegetation and property values of the neighborhood.

5. Whether any tree in question is a tree worthy of preservation due to unusual characteristics such as age, history, size, rarity, financial value or visual importance to the neighborhood.

§ 44.37 Replacement required of trees removed

In the event that any tree is removed or destroyed without a permit, such tree shall be required to be replaced by the planting of a tree with a DBH of not less than six (6) inches and of a type as listed in the Schedule of Permitted Replacement Trees as determined by resolution of the Board of Trustees from time to time.

§ 44.38 Owners required to keep trees trimmed

It shall be the duty of every property owner in the Village to keep the shade trees in front of his or her property so that the overhanging limbs will not interfere with passersby on the sidewalk or roadway. All overhanging limbs shall be at least eight (8) feet above the center of the sidewalk and thirteen (13) feet above the roadway.

§ 44.39 Appeal from decision of Enforcement Officer

Any person aggrieved by a decision of the Enforcement Officer may appeal in writing to the Board of Trustees of the Village.

INFESTED TREES AND SHRUBS

§ 44.10 Infestations prohibited

It shall be unlawful for any owner, lessee or occupant of any lot or land or any part thereof in the Incorporated Village of Mineola to permit or maintain on any such lot or land, any trees, shrubs or bushes or parts thereof which are or may become infected or

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STREETS AND PUBLIC PLACES § 44.42

infested with caterpillars, tent caterpillars, insects, worms, maggots, parasites,larvae or grub of lepidopterous insects or other creeping segmented animals which cause or tend to cause disease, destruction or damage to such trees, shrubs or bushes, thereby causing destruction and damage to the property of others and becoming a public nuisance.

§ 44.41 Destruction and removal required

It shall be the duty of any owner, lessee or occupant of any lot or land to destroy and remove, by cutting, spraying, killing or other effectual method, all such caterpillars, tent caterpillars, insects, worms, maggots, parasites, larvae or grub of lepidopterous insects or other creeping segmented animals which cause or tent o cause disease, destruction or damage to such trees, shrubs or bushes or parts thereof as often as may be necessary to comply with the provisions of Article III, Section 44.35 hereof.

It shall be the duty of any owner, lessee or occupant of any lot or land to destroy and remove any and all stumps. All stumps must be disposed of properly. The burying of stumps is prohibited.

§ 44.42 Notice to comply; performance of work by Village

A. If the provisions of the foregoing sections are not complied with, the Clerk of the Village shall serve or cause to be served a written notice upon the owner, lessee or occupant of any such lot or land, requiring such owner to comply with the provisions of this Article. If the owner of such lot or land is a nonresident of the Village, the Clerk of the Village shall mail or cause to be mailed such written notice to such owner, addressed to his/her last known address as the same may appear upon the most recent Village assessment roll.

B. If the person upon whom the notice is served fails, neglects or refuses to destroy and remove by cutting, spraying, killing or other effectual method, all such caterpillars, tent caterpillars, insects, worms, maggots, parasites, larvae or grub of lepidopterous insects or other creeping segmented animals which cause or tend to cause disease, destruction or damage, within five (5) days after such service or mailing of such notice, the Enforcement Officer of the Village or other duly appointed officer or employee of the Village shall cause such caterpillars, tent caterpillars, insects, worms, maggots, parasites, larvae or grub of lepidopterous insects or other creeping segmented animals to be destroyed or removed by

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§ 44.42 MUNICIPAL CODE

cutting, spraying, killing or by other effectual method, and the actual cost of such or additional cost in connection therewith, shall be certified by said Enforcement Officer or other duly appointed officer or employee of the Village, to the Clerk of the Village and shall thereupon become and be a lien upon the property on which such caterpillars, tent caterpillars, insects, worms, maggots, parasites, larvae or grub of lepidopterous insects or other creeping segmented animals were located, and shall be added to and become and form a part of the taxes from the date of such certification to the Clerk of the Village next to be assessed and levied upon such lot or land and shall bear interest at the same rate as taxes and shall be collected and enforced in the same manner as taxes.

MISCELLANEOUS PROVISIONS

§ 44.43 Enforcement

The Enforcement Officer shall have primary responsibility for administering this Local law through the issuance, revocation or denial of Tree Permits.

§ 44.44 Trees to become Village property

Any tree or shrub planted within the lines of any street or highway on the Official Map of the Incorporated Village of Mineola shall become the property of said Village.

§ 44.45 Licensing

All persons engaged in the business of planting, removing, pruning, trimming or otherwise treating trees in the Village shall be considered to be in the business of gardening or landscaping and shall be subject to the provisions of Section 15.47 of the Code.

§ 44.46 Penalties for offenses

Any violation of the provisions of this Article shall render each offender liable for a fine of not less than three hundred fifty ($350.00) dollars for the first offense, $350.00 - $750.00 for the second offense, and $750.00 - %1,000.00 for the third offense and the maximum penalty shall be applied for any consecutive offense thereafter. In addition, any violation of this Article shall also render each offender liable to be prosecuted and declared to be a disorderly person, for each offense. The Village also reserves

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STREETS AND PUBLIC PLACES § 44.100

the right to seize, remove and dispose of any planting in violation of this Local Law. Any costs incurred by the Village shall be the responsibility of the property owner.

The destruction or substantial alteration of each tree shall be considered a separate offense under this Local Law. Failure to comply with any provision(s) hereof shall constitute a separate and additional offense under this Local Law.

§ 44.47 Supersession

This Local Law shall supersede all previous laws, ordinances or regulations pertaining to the preservation of trees within the Village of Mineola.

§ 44.48 Severability

If any part or parts of this Local Law are, for any reason, held to be invalid, such decision shall not affect the validity of the remaining portions of this Local Law.

§ 44.49 Effective Date

This Local Law shall become effective immediately upon the filing of same with the Secretary of State.

HISTORICAL NOTE

This Article was enacted by Local Law #8 of the year 1997 on July 9, 1997. It was filed in the Office of the Secretary of State on August 8, 1997.

ARTICLE IV

PENALTIES

§ 44.100 Penalties for violations

A. The violation of any provision of this Chapter shall be punishable as set forth in Section 1.10 of this Code.

B. The Board of Trustees shall have the right to maintain legal action in the nature of an injunction or otherwise to abate or restrain any violation of this Chapter. [§ 44.100 amd. LL #11, 2000, 1/5/2000.]

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MUNICIPAL CODE

Cross-references:

Encroachments and obstructions. § 65.12

Open containers in public places. § 65.21 et seq.

Opening streets for laying water pipes. § 45.14

Signs; official; injury to. § 65.11

Traffic and Vehicles. Ch. 60

illegally parked vehicles; removal. § 60.6.1

pavement markings. § 60.6.9

truck exclusions. § 60.6.6

References:

Authority to enact. Vil L § 4-412(1)

Construction, excavation, and demolition operations at or near underground facilities.

Every excavator is required to contact the central registry of the county before commencing any excavation or demolition work. A notice must be served on all operators of underground facilities before work is to commence. For the exact responsibilities of excavators see Industrial Code 53 promulgated by the New York State Board of Standards and Appeals, eff. Apr. 1, 1975.

Streets, closing of. "When no public purpose is perceived to be served, an owner may not be

denied access to a public street." Quaglia v. Inc Vil of Munsey Park, 44 NY2d 772.

Streets, excavations. In the absence of dangerous or imminently dangerous activities, a municipality does not have the duty to inspect the activities of third parties to whom it has granted permission to excavate in a public street. DeWitt Props v City of NY, 44 NY2d 417.

Streets and highways; liability. A governmental body is under a nondelegable duty to maintain its roads and highways in a reasonably safe condition for the benefit of the public. Lopes v Rostad, 45 NY2d 617.

Street opening permits. A municipality may collect fees from a county sewer district for the issuance of street opening permits for sewer installation. Op St Compt 71-402.

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