There is a direct relationship between the number
of trees planted in a community and the health and safety and welfare
of that community. Trees provide shade, add color, control water and
air pollution, stabilize the soil and prevent erosion. The destruction
of shade trees causes increased municipal costs for proper drainage
control and impairs the benefits of occupancy of existing residential
properties. In order to provide protection against the indiscriminate
destruction of trees, this chapter establishes minimum standards for
tree protection.
[Amended 9-16-2019 by L.L. No. 9-2019]
The Superintendent of the Department of Public Works or their
designee 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 Superintendent of Public Works
or their designee 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 that is in an unsafe
condition or that, by reason of its nature, is injurious to sewers
or other public improvements or is infected with any injurious fungus,
insect or other pest. The Superintendent of Public Works shall meet
with the Tree Commission on an annual basis to provide the Commission
with a tree planting and tree maintenance plan for the land within
the lines of all public streets and places. Where there is any doubt
as to whether a tree is in an unsafe condition or is causing an unsafe
condition or is infected with any injurious fungus, insect or pest,
the Superintendent of Public Works or their designee shall consult
with the Tree Warden prior to removal of any tree. In this situation
the final decision is by the Tree Warden.
The Board of Trustees shall select an individual
with knowledge of the planting and maintenance of trees to serve as
the Tree Warden for the Village of Tarrytown. The Tree Warden shall
represent the Tree Commission and shall have the powers, rights and
responsibilities as provided for in this chapter and shall serve at
the pleasure of the Board of Trustees.
No person shall, without first securing a written
permit from the Tree Warden, cause any wire or insulator or any device
for the holding of any electric wire to be attached to any tree in
any street, park or other public place, or cause any wire or other
conductor charged with electricity to come in contact with any such
tree, or place or maintain any pole or post in such a manner as to
interfere with any tree or shrub in any street, park or other public
area.
No person shall fasten or tie any animal to
or attach any sign, bill, card, notice or any advertisement to any
tree or shrub in any street, park or other public place or allow any
animal under his/her control to injure any such tree or shrub.
No person shall place or maintain on the ground
in any street, park or other public place any stone, excess soil or
other substance in such manner as may obstruct the free access of
air or water to the roots of any tree without first obtaining a written
permit from the Tree Warden.
No person shall cause brine, oil, gas, gasoline,
liquid dye or other substance deleterious to tree life to pass onto
or into the soil about the roots of any tree in any street, park or
other public place.
Upon proof by the person seeking a tree permit
that compliance with the requirements of this chapter in terms of
planting of trees in replacement of those destroyed and for purposes
of screening is not feasible on the property, in whole or in part,
the Tree Commission may approve the payment by the person of a sum
or sums equivalent to the value of the trees destroyed, according
to generally accepted standards in the landscaping/landscape architecture
profession (i.e., International Society of Arboriculture Guidelines),
to be paid to the Village Tree Fund, which shall be held for the sole
purpose of planting and maintaining of trees on public land in the
Village in accordance with this chapter. Disbursement of moneys in
the Village Tree Fund shall be based upon the direction of the Tree
Commission.
All trees are protected in the Village according
to the foregoing legislation. Specimen tree species of any size designated
as "specimen" may not be removed unless the Tree Commission determines,
because of their condition, that they are a danger to persons or property
or that they are diseased and cannot be saved. The following trees
are further protected and shall be double value for appraisal purposes: