[HISTORY: Adopted by the Board of Trustees of the Village
of Hillburn 3-16-1994 by L.L. No. 2-1994 (Ch. 9 of the 1977
Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Trees, shrubs, bushes and all other woody vegetation in public
parks having individual names and all other areas owned by the Village
of Hillburn or to which the public has free access as a park.
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 of Hillburn.
There is hereby created and established a Community Forestry
Council for the Village of Hillburn, which shall consist of three
members who are citizens of the Village of Hillburn.
The term of the three persons to be appointed by the Village
Board shall be made annually at the reorganization meeting. In the
event that a vacancy shall occur during the term of any member, his
successor shall be appointed for the unexpired portion of the term.
Members of the Council shall serve without compensation.
A.
It shall be the responsibility of the Council to study, investigate,
counsel, develop and/or update annually a written plan for the care,
preservation, pruning, planting, replanting, removal or disposition
of trees, shrubs and bushes in parks, along streets and in other public
areas, including easements.
B.
Such plan will be presented annually to the Village Board, and its
acceptance and approval shall constitute the official comprehensive
Village Tree Plan for the Village of Hillburn.
C.
The Council, when requested by the Village Board, shall also consider,
investigate, make findings, report and recommend upon any special
matter or question coming within the scope of its work.
The Council shall choose its own officers, and an appointed
trustee shall be the Chair. The Council shall keep a record of its
proceedings. A majority of the members shall be a quorum for the transaction
of business.
When practicable, the distance that trees may be planted away from the curbs, curblines and sidewalks will be in accordance with the three species' size classes listed in § 10-7 of this chapter. No trees may be planted closer than two feet to any curb, curbline or sidewalk.
No street tree shall be planted within 30 feet of any street
corner (measured from the point of the nearest intersection curbs
or curblines). No street tree shall be planted within 10 feet of any
fire hydrant.
No street trees, other than those species listed as small trees (mature height under 25 feet) in § 10-7 of this chapter, may be planted closer than 15 feet to the vertical plane of an existing powerline, excluding service wires.
A.
The Village of Hillburn shall have the right to plant, prune, maintain
and remove trees, plants and shrubs within the line of all streets,
alleys, avenues, lanes, squares, easements, rights-of-way and public
grounds as may be necessary to ensure public safety or to preserve
or enhance the symmetry and beauty of such public grounds or areas.
B.
The Community Forestry Council will refer to the Village of Hillburn
any notice, order or request for the removal of any of the following:
any tree or part thereof on public lands which is in an unsafe condition
or which by reason of its nature is injurious to sewers, electric
powerlines, gaslines, waterlines or other public improvements infected
with any injurious fungus, disease, insect or other pest.
C.
This section does not prohibit the planting of street trees by adjacent
property owners. This chapter is designed to provide a resource for
Village of Hillburn residents to learn of the appropriate species
and planting practices and to instruct the residents in the appropriate
planting practices for trees on municipal property.
It shall be unlawful, as a normal practice, for any person,
firm or the Department of Public Works to top any street tree, park
tree or any 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 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 or pose
a danger to the public welfare may be exempted from this requirement,
at the determination of the Community Forestry Council.
A.
The Village of Hillburn shall have the right to prune any tree or
shrub which encroaches into the right-of-way or to require the owner
to prune or remove, upon sufficient and proper notice, any tree or
shrub on private property when it interferes with the proper spread
of light along the street from a streetlight or when it interferes
with the visibility of any traffic control device, sign or sight triangle
at intersections or when it is otherwise a danger to the public safety
and welfare.
B.
Tree limbs that grow near high-voltage electrical conductors shall
be maintained clear of such conductors by the utility company, in
compliance with any applicable franchise agreements. Public utility
tree trimming shall be carried out in accordance with accepted electrical
and horticultural standards. Utility tree trimming policies and standards
will be reviewed by the Council on a regular basis.
The Village Board of Hillburn shall have the right to review
and approve the conduct, acts and decisions of the Community Forestry
Council. Any person may appeal from any ruling or order of the Community
Forestry Council to the Village Board of Hillburn, which shall hear
the matter and make the final decision.
It shall be illegal for any person, corporation or partnership
to cut, prune or destroy any tree on public lands within the Village
of Hillburn. A violation of any provision of this chapter shall be
an infraction, which, upon conviction, shall subject the violator
to a maximum fine of $250 and/or 15 days' incarceration.
