[HISTORY: Adopted by the Board of Trustees of the Village of Ardsley
12-5-83 by L.L. No. 6-1983. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 64.
[Added 1-21-85 by L.L. No. 1-1985]
The destruction and damage of shade, ornamental and evergreen trees
and plants and the indiscriminate and excessive cutting of these trees on
village property or in subdivisions causes barren and unsightly conditions
creating increased surface drainage problems, increasing municipal costs to
control drainage, impairment of stability and value of improved and unimproved
real property and deterioration of the community, which adversely affects
the health, safety, environment, ecosystems and general welfare of the inhabitants
of the Village of Ardsley. This chapter seeks to correct these conditions.
The Village Manager shall be designated as Street Commissioner. The
Street Commissioner shall have supervision over all trees planted or growing
within the lines of all public streets and places of the village and the planting,
removal, care, maintenance and protection thereof, pursuant to the provisions
of this chapter. The Street Commissioner shall have the right to trim, spray,
preserve and plant such trees as may be necessary to preserve symmetry, or
to remove or cause to be removed any tree or part thereof which is in an unsafe
condition, or which, by reason of its nature, is injurious to sewers or other
public improvements or is infected with any injurious fungus, insect or other
pest. In general, the Street Commissioner shall work in conjunction with the
Conservation Advisory Commission and with the Landscape Consultant.
A.
It shall be unlawful for any person, firm or corporation
or any officer, employee or agent thereof, without a written permit from the
Street Commissioner, to plant, remove, destroy, cut, break, climb or injure
any tree or shrub or portion thereof that is planted or growing within the
lines of any public street or place within the village, or to injure, misuse
or remove any device set for the protection of any such tree or shrub.
B.
Any person, firm or corporation, or officer, employee
or agent thereof, desiring to plant, remove, destroy, cut, prune, treat with
a view to its preservation or protection from diseases or insects or trim
any tree within the lines of any public street or place shall make an application
in writing to the Street Commissioner. Such application must describe the
work to be done, specify the location and state the number, variety and size
of the trees to be planted, trimmed, removed or treated, the proposed method
and the kind and condition of the nearest trees upon the adjoining property.
If an application is made for a permit for the planting of more than 25 trees,
the applicant shall submit a planting plan in duplicate which shall show the
following:
(1)
The proposed street, together with its subdivision of
pavement, curb, gutter, planting strip and sidewalk areas, to a definite indicated
scale.
(2)
The proposed location of each proposed tree, together
with the location of each existing tree within the street lines in sealed
relation to the other features of the plan.
(3)
The variety of each tree proposed to be planted and of
each tree already existing within the street lines, either indicated on the
plan or referenced with a number to a key list.
(4)
The distance between trees in any one row, in feet.
(5)
The nature of the soil in the planting space, to a depth
of three feet, and all existing and proposed surface or subsoil drainage systems.
C.
When approved, one copy of the planting plan shall be
returned to the applicant and the other copy shall be kept on file by the
Street Commissioner.
D.
All such applications shall be referred by the Street
Commissioner to the Conservation Advisory Commission and the landscape consultant
for their recommendations. If the desired action and the proposed method of
accomplishing the same is approved, the Street Commissioner shall issue a
written permit therefor. Any work done under such written permit must be performed
in strict accordance with the terms thereof and the provisions of this chapter
and under the supervision and direction of the Street Commissioner or his
duly authorized representative.
E.
The permit shall be good only for the season stated in
the same in the year issued, and no charge shall be made therefor.
The following regulations are hereby established for the planting, trimming
and maintenance of trees within the lines of any public street or place in
the village:
A.
Trees must not be less than one inch in diameter of trunk
and one foot above the ground.
B.
All trees from one to three inches in diameter and more
than one foot above the ground must be protected and supported by tree guards.
When guarded with one stake only, the stake must be toward the prevailing
wind. Guy or tie wires or ropes around the tree must be covered suitably to
prevent abrasion of the trunk.
C.
No trees shall hereafter be planted at the intersection
of two or more streets or within 20 feet of such intersection.
D.
No trees shall hereafter be planted closer than 10 feet
to a fire hydrant or electric light or wire pole.
E.
In cutting down trees, the same must be removed with
the root stump grubbed out when so required by the Street Commissioner.
F.
All cuts two inches or more in diameter must be painted
with a suitable waterproof tree wound paint as approved by the Street Commissioner.
G.
Trees shall be planted at least 30 feet apart unless
otherwise directed by the Street Commissioner, except that Norway maples,
pin oaks, scarlet oaks, lindens and sweet gums shall be spaced not less than
40 feet apart, and sugar maples, red oaks, white oaks, sycamores and male
gingkos shall be spaced not less than 50 feet apart.
H.
No tree shall be planted where the soil is too poor to
ensure the growth of such tree unless a suitable hole of not less than 27
cubic feet is excavated and the removed material replaced with suitable loam
or topsoil.
I.
No tree shall be planted nearer than one foot from the
curbline or inside property line or inner or outer line of the sidewalk unless
otherwise directed by the Street Commissioner.
J.
No tree shall be planted in any area where there is less
than 36 inches distance between the curb and sidewalk in the ground area maintained
for the growth of the tree, unless express permission for the planting of
such tree is given by the Street Commissioner.
K.
No tree shall be planted on any street except of the
variety selected or approved by the Street Commissioner after consultation
with the landscape consultant.
L.
No tree shall be planted on public property within six
feet of any driveway.
M.
Trees to be planted on streets where no trees stand should
be planted on the property side of the sidewalk unless special permission
is given by the Street Commissioner to plant on the curbside.
N.
Trees should be sprayed when necessary to control defoliating
or injurious insects or diseases. All such proposed spray programs shall be
referred to the Conservation Advisory Commission for its recommendations.
Any work must be performed under the supervision and direction of the Street
Commissioner or his duly authorized representative.
O.
It shall be unlawful for any person, firm or corporation
to plant a poplar tree (Populus species), a willow tree (Salix species), a
tree of heaven (Ailanthus species), a female gingko tree (Gingko biloba) or
wild cherry tree (Prunus and Padus species) within any public street or place
within the limits of the village or to plant any such tree on private grounds
in a location which will permit the roots to penetrate over, on or under the
surface of any public street or place.
A.
Gas, salt, brine water, oil, herbicides or other toxic
substances. It shall be unlawful for any person, firm or corporation owning
or using or having control or charge of gas, salt, brine water, oil, herbicides
or other substances toxic to tree life to allow the same to come into contact
with any tree within the lines of any public street or place, or to leak,
pour, flow or drip on or into the soil about the base of any such tree or
on the sidewalk, road, pavement or gutter at a point where such substance,
by flowing, dripping or seeping into the soil or in any other manner whatsoever,
may injure any such tree.
B.
Minimum openings in stone, cement, blacktop and other
materials. It shall be unlawful for any person, firm or corporation, except
with the written permission of the Street Commissioner, to place or maintain
upon the ground in any public street or place any stone, cement or other impervious
material or substance in such a manner as may obstruct the free access of
air and water to the roots of any tree. Unless otherwise provided for in such
written permission, there must be maintained about the base of the trunk of
each such tree at least nine square feet of ground for a tree three inches
in diameter and for every two inches of increase of such diameter there must
be an increase of at least one square foot of open ground.
C.
Electric wires. It shall be unlawful for any person,
firm or corporation to cause a wire or other conductor, charged with electricity,
to come into contact with any tree in or upon any public street or place in
such a manner as may injure or abrade or destroy such tree. Whenever the Street
Commissioner determines it to be necessary in order to prune or cut down any
tree or part of a tree growing in or upon a public street or place, the owner
of any electric wire or wires shall temporarily remove the same or cut off
the electricity, within 24 hours after service upon such owner, or his or
its agent, of a written notice signed by the Street Commissioner to remove
such wires or cut off such electricty.
D.
Girdling. It shall be unlawful for any person at any
time to girdle any tree for any purpose whatsoever.
E.
Wires, ropes, chains, signs and other devices. It shall
be unlawful for any person, firm or corporation to attach or keep attached
to any tree in or upon any public street or place or to the guard or stake
intended for the protection of such tree, any ropes, wires, chains, signs
or other devices whatsoever, except for the purpose of protecting it or the
public. When it is necessary for the protection of the public, the Street
Commissioner may, on application from a person, firm or corporation, allow
the placing of eye bolts in any such tree to be used as an anchor for a guy
line or cable supporting a pole.
F.
Protection of trees during construction. During the erection,
repair, alteration or removal of any building or structure, it shall be unlawful
for the person or persons in charge of such erection, repair, alteration or
removal to leave any tree in or upon any public street or place in the vicinity
of such building or structure without such good and sufficient guard or protectors
as shall prevent injury to such tree arising out of or by reason of such erection,
repair, alteration or removal. All moving of trees in or upon any public street
or place made necessary for the moving of a building or structure of for any
other purpose shall be done by the Street Commissioner or under his supervision,
at the expense of the applicant. Should such moving or replanting cause the
death of any such tree, the applicant shall replace the same at his or its
expense.
Trees standing on any lot or land adjacent to any public street or place
and having branches projecting into the public street or place shall be kept
trimmed by the owner or owners or occupant of the property on which such trees
are growing so that the lowest branches shall not be less than 15 feet from
the roadbed and not less than nine feet from the sidewalk level. The Street
Commissioner may, however, allow newly planted trees to remain untrimmed,
provided that they do not interfere with persons using the sidewalk or obstruct
the light of any streetlight or traffic signal. In case the owner or owners,
occupant or occupants shall neglect or refuse to trim such tree or trees after
being notified in writing to do so by the Street Commissioner, it shall be
the duty of the Street Commissioner, after one week from the date of such
written notice, to cause the trimming to be done and the cost therefor to
be collected from such owner or occupant.
Trees standing on any lot or land adjacent to any public street or place
and having dead branches or being completely dead, and being positioned that
such branches or trees create a hazard to the public using the public street
or place, should be removed by the owner or owners or occupant of the property
on which such trees are standing. In case the owner or owners, occupant or
occupants shall neglect or refuse to trim or remove such tree or trees after
being notified in writing to do so by the Street Commissioner, it shall be
the duty of the Street Commissioner, after one week from the date of such
written notice, to cause the trimming or removal to be done and the cost therefor
to be collected from such owner or occupant. Dead or dying trees standing
on a public street or place shall be immediately removed by the Street Commissioner
or under his supervision, upon verification that such trees are dead or dying
by the landscape consultant. It shall not be necessary to get a permit to
remove any storm-damaged tree that blocks traffic, creates a traffic hazard
or in any way is detrimental to public safety or well-being.
[Added 1-21-85 by L.L. No. 1-1985]
Notwithstanding any other provision of this chapter, any property owner
applying for subdivision approval whose plans would require the removal of
any trees exceeding six inches in diameter measured at a height of four feet
from the ground on said property shall make application to the Planning Board
of the Village of Ardsley, which shall have sole jurisdiction regarding the
proposed removal of such trees. The Planning Board may grant or deny such
application on such terms and conditions as it may prescribe, it being understood
that there must, in any event, be full compliance with the subdivision regulations
of the Village of Ardsley.[1] The Planning Board shall make its determination after consultation
with the Village of Ardsley's landscape consultant and may obtain the
assistance, when necessary, of any other persons especially qualified by reason
of training or experience in tree planting, preservation and landscaping.
In the event that a property owner, subsequent to the filing of a final plat,
shall require the removal of any trees which deviates from the plans approved
by the Planning Board, reapplication must be made to the Planning Board.
[Added 1-21-85 by L.L. No. 1-1985]
A.
The applicant shall submit plans to the Planning Board.
Such plans shall be prepared by a recognized expert in the field and show
existing and proposed contours at two-foot intervals on a map or plan at a
scale of no smaller than one inch equals 50 feet indicating all trees, by
variety, which are six inches and over in diameter [at a height of four feet].
Where trees are to be removed or destroyed, existing trees, specifying types
and sizes, shall be shown and the reasons for removing or destroying said
trees shall be set forth. The plans shall provide for new trees to be planted
and specify their location and type to replace the existing trees in kind.
When the existing trees are so large and mature that they cannot be replaced,
the Planning Board may require planting of multiple trees instead.
B.
The Planning Board shall require that a person or firm
shall furnish the village with a performance bond, which amount shall be specified
by the Planning Board as approved by the Village Attorney in an amount sufficient
to cover 90% of the planting and restoration work to be completed in accordance
with the plans accompanying all applications. The remaining 10% of the cost
of restoration and replanting shall be in cash, deposited in a special tree
preservation interest-bearing escrow account. The total amount of the bond
and cash deposit shall reflect all restoration and protection costs and shall
be in accordance with each set of individual circumstances. Upon completion
of all planting and restoration work to the satisfaction of the Planning Board,
the performance bond shall be canceled and replaced with a maintenance bond,
the amount and term to be determined by the Planning Board and approved by
the Village Attorney, but in no case to run for a period longer than two years.
The 10% cash in escrow shall remain on deposit with the village until the
maintenance bond expires, provided that the terms of § 185-11C are
met.
[Added 1-21-85 by L.L. No. 1-1985]
A.
All persons who remove or cause to be removed trees during
development of a subdivision shall restore the area by backfilling all holes
and be creating an acceptable grade and covering, subject to approval by the
Planning Board. Any tree damaged during construction or development of the
property shall be either replaced in kind or, where existing trees are so
large and mature they cannot be replaced, the Planning Board may require the
planting of multiple trees instead. Minor tree damage shall be repaired in
accordance with accepted tree surgery practice.
B.
Tree stumps shall be removed, not cut flush. After the
planting of trees, removal of all debris in the disturbed area shall be made
immediately. The property where such planting is done must be left in a neat
and orderly condition, in accordance with good and acceptable planting and
tree surgery practice.
C.
All trees which fail to survive for a period of two calendar
years following planting shall be replaced by the developer at no expense
to the village or the owner of the land, if other than the developer. Said
replacement shall be within 60 days following written demand for such replacement
from the Planning Board or within an extended period of time as may be specified.
Should the developer fail to replace the trees pursuant to demand within the
required period of time, the Planning Board shall have the right to declare
the maintenance bond in default and apply the escrow cash deposit and the
proceeds of the bond to replace the required trees.
[Added 11-19-84 by L.L. No. 8-1984]
Any person, firm or corporation found guilty of violating the provisions
of this chapter shall be guilty of committing a violation, the fine for which
shall not exceed $250.
