As used in this chapter, the following terms
shall have the meanings indicated:
PARK TREES
Trees, shrubs, bushes and all other woody vegetation in public
areas owned by the Village or to which the public has free access
as a park.
STREET TREES
Trees, shrubs, bushes and all other woody vegetation on land
lying between property lines on either side of all streets, avenues
or ways within the Village.
[Amended 9-8-2020 by L.L. No. 6-2020]
There is hereby created and established a Shade
Tree Commission for the Viilage of Millbrook, New York. The composition
of that Commission and the bylaws which govern it shall be found in
the Policies of the Village of Millbrook under Shade Tree Commission
Bylaws.
It shall be unlawful as a normal practice for
any person, firm or Village department to top any street tree, park
tree or other tree on public property. "Topping" is defined as the
severe cutting back of limbs to stubs larger than three inches in
diameter within the tree's crown to such a degree so as to remove
the normal canopy and disfigure the tree. Trees severely damaged by
storms or other causes or certain trees under utility wires or other
obstructions where other pruning practices are impractical may be
exempted from this section at the determination of the Shade Tree
Commission.
The Village shall have the right to prune any
tree or shrub on private property when it interferes with the proper
spread of light along the street from a street light or interferes
with visibility of any traffic control device or sign.
All stumps of street and park trees shall be
removed below the surface of the ground, so that the top of the stump
shall not project above the surface of the ground.
ln order to protect the Village's investment
in time and resources in the shade tree program, it shall be unlawful
to remove any healthy street tree without prior approval of the Commission.
The Village Board of Trustees shall have the
right to review the conduct, acts and decisions of the Shade Tree
Commission. Any person may appeal from any ruling or order of the
Commission to the Village Board who may hear the matter and make final
decision.
Any deviation from this chapter shall be unlawful
without the express written consent of the Village Mayor.