[Adopted 11-25-1947 by G.O. No. 80-1947]
[Amended 4-25-1989 by G.O. No. 4-1989]
It shall be the duty of the City Arborist of the City of Yonkers
to act as a liaison between the Shade Tree Commission and the Commissioner
of Parks, Recreation and Conservation in all matters pertaining to
the planting and care of shade trees. The City Arborist shall keep
the Shade Tree Commission informed concerning all matters regarding
shade trees, the progress of all programs adopted by the Shade Tree
Commission and on all matters pertaining to the maintenance, removal
and planting of trees in the City of Yonkers.
[Amended 4-25-1989 by G.O. No. 4-1989]
The Commissioner of Parks, Recreation and Conservation, except
as hereinafter provided, shall have exclusive jurisdiction, authority,
control, supervision and direction over all trees planted or growing
in or upon the public highways and public places of the City of Yonkers
and the planting, removal, care, maintenance and protection thereof.
[Amended 4-25-1989 by G.O. No. 4-1989]
A.
Except upon order of the Commissioner of Parks, Recreation and Conservation,
it shall be unlawful for any person, firm or corporation or the officer
or employee of a corporation, without a written permit from the Commissioner
of Parks, Recreation and Conservation, to remove, destroy, cut, break,
climb or injure any tree or portion thereof that is planted or growing
in or upon any public highway or public place within the City of Yonkers
or cause, authorize or procure any person to remove, destroy, cut,
break, climb or injure any such tree or shrub or portion thereof;
to cut, break, climb, remove, destroy or injure any such tree or cause
or authorize or procure any person to cut, break, climb, remove, destroy
or injure any such tree or part thereof; or to injure, misuse or remove
or cause, authorize or procure any person to injure, misuse or remove
any device set for the protection of any tree in or upon any public
highway or public place.
B.
Any person, firm or corporation or officer or employee of a corporation
desiring for any lawful purpose to remove, destroy, cut, prune, treat
with a view to its preservation from disease or insects or trim any
tree in or upon any public highway or public place shall make application
on blanks furnished by the Commissioner of Parks, Recreation and Conservation.
Such application must state the number and kind of trees to be trimmed,
removed or treated and the kind and condition of nearest trees upon
the adjoining property. All such applications shall be referred by
the Commissioner of Parks, Recreation and Conservation to the Shade
Tree Commission of the City of Yonkers for its approval or disapproval.
If, in the judgment of the Shade Tree Commission, the desired removing,
cutting, pruning, treatment or trimming shall appear necessary and
the proposed method and workmanship thereof shall be such as such
Commission shall approve, the Commissioner of Parks, Recreation and
Conservation may thereupon issue a written permit for such work. 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 Commissioner of Parks, Recreation
and Conservation or his duly authorized representative.
It shall be unlawful for any person, firm or corporation owning
or using or having control or charge of gas or other substances deleterious
to tree life to allow such gas or other deleterious substance to come
into contact with the soil surrounding the roots of any tree in any
public highway or public place in such manner as shall kill or destroy
or may injure such trees. It shall also be unlawful for any person,
firm or corporation to cause, authorize or procure any salt, brine
water, oil, liquid dye or other substance deleterious to tree life
to lie, leak, pour, flow or drip on or into the soil about the base
of such tree or onto any sidewalk, road, pavement or gutter therein
at a point whence such substance may be lying or be flowing, dripping
or seeping into such soil or in any other manner whatsoever injure
such tree or to cause or procure such lying, leaking, flowing, dripping,
seeping or injuring.
[Amended 4-25-1989 by G.O. No. 4-1989]
It shall be unlawful to plant any tree in an 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 Commissioner
of Parks, Recreation and Conservation.
[Amended 4-25-1989 by G.O. No. 4-1989]
It shall be unlawful for any person, firm or corporation, except
with a written permit of the Commissioner of Parks, Recreation and
Conservation, to place or maintain upon the ground in any public highway
or public 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 in any such highway or place. Unless
otherwise provided for in such written permit, there must be maintained
about the base of the trunk of each tree in such highway or place
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.
[Amended 4-25-1989 by G.O. No. 4-1989]
It shall be unlawful for any person, firm or corporation to
cause, authorize or procure a wire or other conductor charged with
electricity to come into contact with any tree in or upon any public
highway or public place in such manner as may injure or abrade or
shall destroy or kill such tree. Every person, firm or corporation
shall, when and if the Commissioner of Parks, Recreation and Conservation
determines it to be necessary in order to prune or cut down any tree
growing in or upon a public highway or public place, temporarily remove
any wire or wires or cut off the electricity within 24 hours after
service upon the owner of such wire or wires, or his or its agent,
of a written notice signed by the Commissioner of Parks, Recreation
and Conservation to remove such wires or cut off such electricity.
It shall be unlawful for any person at any time to girdle any tree
for any purpose whatsoever. When, in the judgment of the Commissioner
of Parks, Recreation and Conservation, it is necessary for the protection
of the public, the Commissioner may, on application from a person,
firm or corporation, allow such person, firm or corporation to place
eye bolts in a shade tree to be used as an anchor for a guy line or
cable supporting a pole.
It shall be unlawful for any person, firm or corporation to
attach or keep attached to any tree in or upon any public highway
or public place or to the guard or stake intended for the protection
of such tree any rope, wires, chains, signs or other device whatsoever,
except for the purpose of protecting it or the public.
It shall be unlawful for any person, firm or corporation to
tie any horse or other animal to any tree in or upon any public highway
or public place or, having charge of such horse or other animal, to
allow or cause or procure it to injure such tree or for any person
in charge of such animal or horse to cause or allow it to stand so
that it can injure such tree.
[Amended 4-25-1989 by G.O. No. 4-1989]
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 highway or public 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 highway or place made necessary for the moving
of a building or structure or any other purpose shall be done by the
Commissioner of Parks, Recreation and Conservation or under his supervision,
at the expense of the applicant. Should such moving or replanting
cause the death of such tree, the applicant shall replace the same
at his or its expense.
[Amended 4-25-1989 by G.O. No. 4-1989]
Trees standing on any lot or land adjacent to any public highway
or public place and having branches projecting into the public highway
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 Commissioner of Parks,
Recreation and Conservation 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 street electric lamp.
In case the owner or owners, occupant or occupants shall neglect or
refuse to trim such tree or trees after being notified, in writing,
so to do by the Commissioner of Parks, Recreation and Conservation,
it shall be the duty of such 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.
[Amended 4-25-1989 by G.O. No. 4-1989]
A.
It shall be unlawful for any person, firm or corporation to plant
or set out any tree or cause or authorize or procure any person to
plant or set out any tree in or upon any part of any public highway
or public place without first obtaining from the Commissioner of Parks,
Recreation and Conservation a written permit so to do and without
complying in all respects with the conditions set forth in such written
permit and with the provisions of this chapter.
B.
All applications for such permit shall be made on blanks furnished
by the Commissioner of Parks, Recreation and Conservation and shall
describe the work to be done and the variety, size and precise location
of each tree. Such permit shall specify the location, variety and
grade of each tree and method of planting, including, among other
things, the supplying of suitable soil. The permit shall be good only
for the season stated in the same in the year issued, and no charge
shall be made for the same. Before any permit shall be issued, the
application shall be referred to the Shade Tree Commission for its
approval or disapproval. The Shade Tree Commission, if the application
is for a permit for planting more than 25 trees on any one permit,
may require the applicant to submit a detailed declaration of intentions
either in the form of a planting plan or written statement, in duplicate.
All planting plans shall be drawn on tracing cloth in ink. One copy
of each plan or statement of intention shall, when approved by the
Shade Tree Commission, be returned to the applicant, and the other
copy shall be kept on file by the Commission. All planting plans shall
show accurately:
(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 and every proposed tree, together with
the location of each existing tree within the proposed street line
in scaled relation to the other features of the plan.
(3)
The variety of each and every tree proposed to be planted and of
those already existing within the proposed street lines, either indicated
on the plans or referenced with a number to 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.
All statements filed in lieu of a planting plan shall contain the
same information as required on the plan.
It shall be unlawful for any person, firm or corporation to
plant a poplar tree within any public highway or upon any public place
within the limits of the City or to plant any tree on
private grounds in a location which will permit the roots to penetrate
over, on or under the surface of any public highway or other public
place.
The following regulations are hereby established for the planting,
trimming and care of trees in or upon the public highways and public
places of the City:
A.
Trees must not be less than one inch in diameter of trunk one foot
above the ground.
B.
All trees from one to three inches in diameter of trunk 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.
C.
No tree shall hereafter be planted at the intersection of two or
more streets or within 20 feet of such intersection.
D.
In cutting down trees, the same must be removed with the root stump
grubbed out when so required by the Commissioner of Parks, Recreation
and Conservation.
[Amended 4-25-1989 by G.O. No. 4-1989]
E.
All cuts above two inches in diameter must be waterproofed by a method
approved by the Commissioner of Parks, Recreation and Conservation.
[Amended 4-25-1989 by G.O. No. 4-1989]
F.
Trees shall hereafter be planted at least 30 feet apart, except when
a special permit is obtained from the Commissioner of Parks, Recreation
and Conservation, except that Norway maples, pin oaks, scarlet oaks,
silver linden and sweet gums shall be spaced not less than 40 feet
apart, and sugar maples, plane trees and red oaks shall be spaced
not less than 50 feet apart.
[Amended 4-25-1989 by G.O. No. 4-1989]
G.
No tree shall be planted where the clear space between the curb and
the sidewalk is less than three feet.
H.
No tree shall be planted where the soil is too poor to ensure the
growth of such tree, unless the owner excavates a suitable hole of
not less than 36 cubic feet and replaces the material removed with
suitable loam or soil stripped from pasture land.
I.
No tree shall be planted nearer than one foot from the curbline or
outer line of the sidewalk, unless a special permit is granted by
the Commissioner of Parks, Recreation and Conservation.
[Amended 4-25-1989 by G.O. No. 4-1989]
J.
No tree shall be planted on any street except of the variety selected
by the Shade Tree Commission for that street.
K.
No tree shall be planted on public property within six feet of any
driveway.
[Amended 1-26-1971 by G.O. No. 4-1971; 4-25-1989 by G.O. No. 4-1989]
A.
The Commissioner of Parks, Recreation and Conservation shall have
the right to trim, spray and preserve and to plant and remove trees
within the lines of all public streets, highways and public places
as may be necessary to ensure safety or preserve the symmetry of such
public streets, highways and public places.
B.
The Commissioner of Parks, Recreation and Conservation may 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.
C.
The Commissioner of Parks, Recreation and Conservation shall also
have the power to enter upon any private grounds in the City to spray
or otherwise treat or cause or order to be sprayed or otherwise treated
any tree infected or infested by any parasite or insect pest when
it shall be necessary, in his opinion, so to do to prevent the spreading
or scattering of any parasite or insect pest and to prevent danger
therefrom to trees and shrubs planted in the public streets, highways
and public places of the City of Yonkers. If, in the opinion of the
Commissioner of Parks, Recreation and Conservation, any such tree
should be removed, he shall cause a notice to be served upon the owner
or occupant of the grounds upon which such tree is located to remove
the same, and such owner or occupant shall cause such tree to be removed
within 10 days of a receipt of such notice. Such notice shall be served
personally upon the owner or his agent or upon the occupant. In case
the owner or owners, occupant or occupants shall neglect or refuse
to remove such tree or trees or to spray or treat such tree or trees
as provided herein, it shall be the duty of the Commissioner of Parks,
Recreation and Conservation to cause the removal or spaying or treating
to be completed and to cause the cost therefor to be collected from
the owner or occupant.
Any violation of this article shall constitute a Class II offense.
