Village passes revised tree law

Property owners must now maintain them, or risk fines

Posted

The Valley Stream board of trustees voted on Oct. 21 to pass a local law making home and business owners in the village responsible for the maintenance of trees on their property, including their preservation or removal. The penalty for failing to follow the law is a $250 fine or imprisonment for up to 15 days.

The law is intended to preserve the village’s trees, which provide numerous benefits, including the reduction of air pollution, increased energy efficiency, improved drainage and maintenance of a healthy eco-system.

“In Valley Stream we value our trees, and our beautiful suburban landscape,” Mayor Ed Fare said. “. . . We took a long, hard look at this issue and crafted a local law that we think strikes a good balance in our community by preserving the beauty and ecological importance of trees, while remaining mindful of the particular needs of our residents and property owners.”

The law has been months in the works, with an initial public hearing to collect input scheduled for June, but rescheduled three times. The measure was modeled after neighboring communities’ tree laws, such as Malverne’s, according to village officials.

The law expands Section 90 of the village code, titled “Tree Preservation,” which, in addition to requiring property owners to apply for a $25 permit with the village superintendent of public works to remove or replace trees on their property, also tasks them with removing trees that might pose a safety hazard to people and property.

After a tree-removal permit is requested, a village tree specialist will inspect the tree to determine whether its removal is warranted. If the village determines that a tree must be removed for safety reasons, the property owner will be notified in writing and have 30 days to remove it. If he or she fails to do so, village workers may enter the property and remove it. The cost of the removal will be passed on to the owner in the next property-tax statement.

Property owners will also be responsible for replacing trees that have been removed, regardless of the circumstances. The village has a list of 14 tree species approved for planting near utility lines. The property owner is responsible for all costs of tree removal and replacement.

If a property owner does not want to have a tree replaced, or if it would be impractical to do so, he or she must pay the Green Valley Stream Tree Fund a fee of $100 to $500, for use in planting trees elsewhere in the village. The Valley Stream board of trustees voted on Oct. 21 to pass a local law making home and business owners in the village responsible for the maintenance of trees on their property, including their preservation or removal. The penalty for failing to follow the law is a $250 fine or imprisonment for up to 15 days.

The law is intended to preserve the village’s trees, which provide numerous benefits, including the reduction of air pollution, increased energy efficiency, improved drainage and maintenance of a healthy eco-system.

“In Valley Stream we value our trees, and our beautiful suburban landscape,” Mayor Ed Fare said. “. . . We took a long, hard look at this issue and crafted a local law that we think strikes a good balance in our community by preserving the beauty and ecological importance of trees, while remaining mindful of the particular needs of our residents and property owners.”

The law has been months in the works, with an initial public hearing to collect input scheduled for June, but rescheduled three times. The measure was modeled after neighboring communities’ tree laws, such as Malverne’s, according to village officials.

The law expands Section 90 of the village code, titled “Tree Preservation,” which, in addition to requiring property owners to apply for a $25 permit with the village superintendent of public works to remove or replace trees on their property, also tasks them with removing trees that might pose a safety hazard to people and property.

After a tree-removal permit is requested, a village tree specialist will inspect the tree to determine whether its removal is warranted. If the village determines that a tree must be removed for safety reasons, the property owner will be notified in writing and have 30 days to remove it. If he or she fails to do so, village workers may enter the property and remove it. The cost of the removal will be passed on to the owner in the next property-tax statement.

Property owners will also be responsible for replacing trees that have been removed, regardless of the circumstances. The village has a list of 14 tree species approved for planting near utility lines. The property owner is responsible for all costs of tree removal and replacement.

If a property owner does not want to have a tree replaced, or if it would be impractical to do so, he or she must pay the Green Valley Stream Tree Fund a fee of $100 to $500, for use in planting trees elsewhere in the village.

The law also confers additional responsibility on the village Planning Board and the Board of Zoning Appeals to consider the preservation or removal of trees in the site plans they review.

Finally, the law establishes the Village Tree Board, a five-member body of volunteers that will develop an annual plan for the “care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks, along streets and in other public areas.”

The mayor, with approval from the village board, is responsible for appointing tree-board members, who, with the exception of the initial appointees, will serve three-year terms. In addition to creating an annual foliage plan, the board will also investigate “special matters” involving trees or shrubs at the request of the board of trustees.

Other items outlined in the revised tree law include protection of existing trees on construction sites as well as restrictions on the use of concrete or asphalt on curbside areas that might obstruct tree growth.

The law also confers additional responsibility on the village Planning Board and the Board of Zoning Appeals to consider the preservation or removal of trees in the site plans they review.

Finally, the law establishes the Village Tree Board, a five-member body of volunteers that will develop an annual plan for the “care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks, along streets and in other public areas.”

The mayor, with approval from the village board, is responsible for appointing tree-board members, who, with the exception of the initial appointees, will serve three-year terms. In addition to creating an annual foliage plan, the board will also investigate “special matters” involving trees or shrubs at the request of the board of trustees.

Other items outlined in the revised tree law include protection of existing trees on construction sites as well as restrictions on the use of concrete or asphalt on curbside areas that might obstruct tree growth.