The Village of Croton-on-Hudson has a vital interest in the planting and preservation of trees within its borders. The preservation of trees as defined herein within the Village is necessary to protect the health, safety and general welfare of the Village because trees provide shade, impede soil erosion, aid water absorption and retention, inhibit excess runoff and flooding, enhance air quality, offer a natural barrier to noise, provide a natural habitat for wildlife, provide screening, enhance property values and add to the aesthetic quality of the community.
As used in this article, the following term shall have the meaning indicated:
STREET TREES
Trees, shrubs, bushes and all other woody vegetation on land lying between property lines on either side of all streets, avenues and rights-of-way within the Village.
The Superintendent of the Department of Public Works, hereinafter also referred to as the "Department," shall serve as the official custodian of all street trees and develop, in consultation with the Conservation Advisory Council, an annual street tree program.
The duties and responsibilities of the Department shall be to:
A. 
Study the problems and determine the needs of the Village of Croton-on-Hudson in connection with its street tree program.
B. 
In consultation with the Conservation Advisory Council, determine the type and kind of trees to be planted upon Village streets or parts of Village streets or as designated.
C. 
Work in conjunction with the Conservation Advisory Council in the dissemination of news and information regarding selection, planting and maintenance of trees within Village limits.
The spacing of street trees will be in accordance with the following size classes, and the preferred distances between trees are: small trees, 30 feet; medium trees, 40 feet; and large trees, 50 feet; except in special plantings designed or approved by the Department in consultation with the Conservation Advisory Council. Small trees are defined as having an ultimate height equal to or greater than 13 feet but less than 26 feet; medium trees are defined as having an ultimate height equal to or greater than 26 feet but less than 52 feet; and large trees are defined as having an ultimate height equal to or greater than 52 feet.
The distance trees may be planted from curbs or curblines and sidewalks will be in accordance with the species size, with final determination made by the Department.
No street tree shall generally be planted closer than 35 feet to any street corner, measured from the point of the nearest intersection curbs or curblines. No street tree shall be planted closer than 10 feet to any fire hydrant.
No street trees may be planted over or within three lateral feet (small or medium) or five lateral feet (large) of any underground waterline, sewer line, transmission line or other utility.
A. 
The Village shall have the right to plant, prune, maintain and remove street trees within the lines of all streets, alleys, avenues, lanes, squares, sidewalks and public grounds, as may be necessary to ensure public safety or convenience or to preserve or enhance the symmetry and beauty of such public grounds. The Department may remove or cause or order to be removed any tree or part thereof which is in an unsafe condition or which, by reason by its nature, is injurious to sewers, electric power lines, gas lines, waterlines or other public improvements or is affected with any injurious fungus, insect or other pest.
B. 
This section does not prohibit the planting of street trees by adjacent property owners, provided that departmental review has been made and approval granted.
It shall be unlawful for any person, firm or Village department to prune any street tree or other trees on public property without written approval from the Department. "Pruning" is defined as the severe cutting back of limbs to stubs larger than three inches in diameter to such a degree as to remove the normal canopy and/or disfigure the tree. Trees severely damaged by storm or other causes or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this article at the determination of the Department.
Every owner of any tree or shrub on private property overhanging any right-of-way within the Village shall prune the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection or any traffic control device and so that there shall be a clear space of eight feet above the surface of the street or sidewalk. Said owners shall remove all dead, diseased or dangerous trees or broken or decayed limbs which constitute a menace to the safety of the public. The Department 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 streetlight or interferes with visibility of any traffic control device or sign or interferes with visibility at an intersection.
All stumps of street 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.
In order to protect the Village's investment in time and resources in the street tree program, it shall be unlawful to remove or cause the destruction of any healthy street tree without prior approval of the Department.
Any deviation from this article shall be unlawful without the express written consent of the Superintendent of the Department.