[HISTORY: Adopted by the Board of Trustees of the Village of Cornwall-on-Hudson 3-22-1967 as Ch. 62 of the 1967 Code. Amendments noted where applicable.]
No persons, firm or corporation, or the officers or employees of a corporation shall, without written consent from the Board of Trustees of the Village of Cornwall-on-Hudson, remove, destroy, cut, break or injure any tree, plant or shrub or portion thereof that is planted or growing in or near any public sidewalk, street, avenue or other public place within the Village of Cornwall-on-Hudson, or cause, authorize or procure any persons to remove, destroy, cut, break or injure any such tree or shrub or portion thereof; or injure, misuse or remove, or cause, authorize or procure any persons to injure, misuse or remove, any device set for the protection of any tree, plant or shrub in or near public sidewalks, streets, avenues and public places of the Village. Any person, firm or corporation, or officer or employee of the corporation desiring, for any lawful purpose, to remove, destroy, cut, prune, treat with a view to its preservation from disease or insect or to trim any tree, plant or shrub in or near any public sidewalk, street, avenue or public place shall make application in writing to the Board of Trustees of the Village. Such application must state the number and kind of trees to be trimmed, removed or treated and the kind and conditions of the nearest trees upon the adjoining property. If, in the judgment of the Board of Trustees, the desired removing, cutting, pruning, treatment or trimming shall appear necessary, the Board of Trustees may thereupon issue written permission for such work.
Trees standing in or near public sidewalks, streets, avenues and public places of the Village of Cornwall-on-Hudson, and on any lot or land adjacent to any public sidewalk, street, avenue or public place and having branches projecting into the public sidewalk, street, avenue or public place, shall be kept trimmed by the owner or owners or occupant or occupants of the property on or in front of which such trees are growing so that the lowest branches shall not be less than 10 feet from the ground. In case the owner or owners, occupant or occupants shall neglect or refuse to trim such tree or trees on being notified in writing to do so by the Board of Trustees of the Village, after 10 days from the date of such written notice, the Board of Trustees may cause the trimming to be done and the cost therefor to be collected from such owner or occupant.
Shrubs or bushes standing in or near sidewalks, streets, avenues and public places of the Village of Cornwall-on-Hudson, and on any lot or land adjacent to any public sidewalk, street, avenue or public place, shall be kept trimmed by the owner or owners, occupant or occupants of the property on or in front of which such shrubs and bushes are growing so that they shall not constitute a danger to or interfere in any manner with the visibility of persons using said public sidewalk, street, avenue or public place of said Village. In case the owner or owners, occupant or occupants shall neglect or refuse to trim shrubs or bushes in accordance with this section on being notified in writing to do so by the Board of Trustees, said Board of Trustees, after 10 days from the date of such written notice, may cause the trimming to be done and the cost therefor to be collected from such owner or occupant.
No person, firm or corporation shall hereafter plant any poplar or willow trees in or near any public sidewalk, street, avenue or public place of the Village or anywhere within the limits of the Village, the roots of which will penetrate over, on or under the surface of any sidewalk, street, avenue or public place.
The Board of Trustees of the Village of Cornwall-on-Hudson shall have the right to plant, trim, preserve and remove trees, plants and shrubs within the public line of all sidewalks, streets, avenues and public places as may be necessary to ensure safety or preserve the symmetry and beauty of such public grounds. The Board of Trustees may order to be removed any tree or part thereof which is in an unsafe condition or which, by reason of its nature, is injurious to any public improvement or is affected with any injurious fungus, insect or other pest. Whenever, in the opinion of the Board of Trustees, the trimming, treatment or removal of any tree or shrub located on private grounds shall be deemed necessary in the interest of public safety or to ensure the safety and preservation of public grounds and improvements, such Board of Trustees shall notify the owner or owners, occupant or occupants of the property on which the tree stands, in writing, to do so. In case the owner or owners, occupant or occupants shall neglect or refuse to do so after 10 days from the date of such written notice, the Board of Trustees may cause the trimming, treatment or removal to be done and the cost therefor to be collected from such owner or occupant.
Any violation of this chapter shall constitute an offense punishable by a fine not exceeding $100. Each and every day shall constitute a separate violation.
As used in this chapter, unless a different meaning clearly appears from the context, the following terms shall have the meanings indicated:
- Any individual, firm, copartnership, association or corporation other than the Village or a public corporation.
- PLANNING BOARD
- The Village of Cornwall-on-Hudson Planning Board.
- SITE PLAN
- A plan prepared by a legally qualified engineer, architect, landscape architect or surveyor, showing in detail and at a convenient scale the applicant's entire property, buildings and their uses, parking and truck loading areas, site improvements and other pertinent information necessary for the Planning Board to review and approve uses in accordance with a site plan review.
- Any tract of land which is hereafter subdivided into two or more parcels along an existing or proposed street, highway, easement or right-of-way, for sale or for rent as residential lots or residential building plots, regardless of whether or not the lots or plots to be sold or offered for sale or leased for any period of time are described by metes and bounds or by reference to a map or survey of the property or by any other method of description.
- TREE WARDEN
- The person designated by the Village Board as Tree Warden and/or his deputy.
- The Incorporated Village of Cornwall-on-Hudson.
Except for homeowners taking care of the trees and/or shrubs in front of their property, no person shall do or cause to be done upon trees in any right-of-way, public street, road or highway on Village property, including parklands within the Village of Cornwall-on-Hudson, without first obtaining written permission from the Tree Warden, any of the following acts:
Cut, trim, break, climb with spikes, disturb the roots of or otherwise intentionally injure, misuse or spray with harmful chemicals or remove any living tree two inches or more in diameter as measured one foot above ground level or remove any device installed to support or protect such trees.
Plant any tree.
Fasten a rope, wire, electrical equipment, sign or other device to a tree or any guard about such tree or shrub.
Close or obstruct or change the grade of any area within the spread of the branches at the base of the tree, which area is necessary to permit the access of air, water or fertilizer to the roots of such tree.
Pile, heap or store any building material, soil, debris or any other matter or make any mortar or cement within a distance of six feet of a tree.
Any utility company having control over transmission or distribution lines along a public highway, street or road shall, at all times, protect trees through which or near which such lines pass against any injury from said lines or from the current carried by them.
The Village Mayor must be notified by any utility company desiring to undertake trimming of trees within the Village. Permission, once granted, will allow tree trimming to begin under the supervision of the Tree Warden.
The following guidelines will be adhered to:
In general, trees will be permitted to grow naturally, except where branches are growing closer than three feet from wires.
Overhead clearance of up to a maximum of 10 feet, less if possible, will be permitted where tree limbs under three inches in diameter cross over the wires.
Dead and dying limbs located above the wires shall be cut to reduce hazard.
Any complaints by landowners lodged against the trimming crew doing the work must be reported by the crew to the Village Mayor or to the Tree Warden for immediate investigation by Village authorities.
Trimming operations must be conducted with utmost care for the safety of motorists, pedestrians and private property. All debris must be cleaned up as the work progresses.
When it is impractical to adhere to the above specifications due to unusual circumstances or conditions, the trimming crew must contact the Tree Warden for permission to modify trimming methods. Under storm emergencies the utility company is permitted to proceed with discretion but should notify the Village as early as practical.
Upon completion of trimming operations within the Village, a notice of termination must be given to the Village Mayor, either directly or through the Tree Warden.
During the period of construction or repair of any building or structure or in the construction or repair of a street, road and highway not yet dedicated to the Village, the owner thereof and/or contractor shall take every precaution to place guards around all nearby trees on Village land or within public roads or rights-of-way so as to effectively prevent injury to such trees. The owner and/or contractor shall each be responsible for the placement of such guards or guardrail, and failure to make adequate provision for the protection of the trees shall subject the owner and builder to a penalty as hereinafter provided.
Where an owner of real property intends to develop that property as a subdivision, multiple-family residence development or industrial/commercial development, this developer shall not remove any live trees from the property until the Planning Board has reviewed the sketch plan. As required by Village Subdivision Regulations, this sketch plan must include the location of all groups of trees, the location of all trees over 24 inches in diameter measured three feet above the ground and the location of all isolated trees over eight inches in diameter measured three feet above the ground.
The Planning Board, upon review of the sketch plan, may require the developer to retain some existing trees and/or require the planting of trees on the property. This requirement may be in general terms or may be very specific as to individual trees and locations. In any event, the Planning Board requirements must then be incorporated into the site plan submitted by the developer to the Planning Board.
The site plan submitted to the Planning Board must show the kind and location of all trees to be protected and planted. The spacing requirements for planting trees within roadway rights-of-way are described in § 151-11 of this chapter, as are the detailed specifications for the planting of all required trees.
Where, by reason of weather, season or other circumstances, it is impossible for the developer to plant trees in accordance with this chapter, a person shall deposit in escrow with the Village Clerk an amount to be determined and specified by the Planning Board to cover the cost of purchasing and planting the trees. No street shall be accepted for dedication by the Village Board until the Tree Warden notifies the Village Board that the developer has complied with this chapter.
Where a building permit has been requested from the Code Enforcement Officer for the construction of a building requiring off-street parking for 10 or more vehicles, then the owner or builder shall be required to plant trees around the perimeter of such parking space. Such trees must be planted no more than 30 feet apart and must be planted in accordance with the specifications described in § 151-11 of this chapter. Where the season or weather prevents such planting, the owner or builder shall deposit with the Village Clerk a sum sufficient to guarantee the planting of such trees.
Editor's Note: Pursuant to a decision by the Village, the title "Building Inspector" has been changed to "Code Enforcement Officer" throughout the chapter.
Tree planting required under the provisions of this chapter shall be accomplished in accordance with the following specifications:
All trees planted in roadway rights-of-way must be placed between the sidewalk and the curb where sidewalks and curbs exist or are proposed. In the event that there are no sidewalks or curbs existing or proposed, the developer shall plant shade trees in the right-of-way within five feet of the right-of-way line. Trees should start 15 feet from the point of curvature of the curb, located on the tangent side of the curb and be approximately 40 feet apart. Trees should be staggered when planted on opposite sides of the same street. No tree shall be located in such a manner as to limit the sight distance along the road below the specified minimum in the corner clearance requirements.
Trees shall be balled and burlapped and not less than two to 2 1/2 inches caliper measured six inches above the top of the ball, nor less than 10 feet high. They must be well branched, the branches to start not less than six feet from the crown of the root system. Trees should be nursery-grown, and a nursery inspection certificate should be available covering all trees.
In general, excavations for planting shall be large enough to accommodate the natural spread of the root system and be at least one-foot deeper and two feet wider than the ball of earth supplied with the tree. The pit shall be rock free and refilled with seven parts topsoil and one part humus. The parent soil is to be discarded. Hardpan shall be loosened an additional 12 inches from the bottom and sides of the pit. Trees shall be adequately fertilized and watered at the time of planting and mulched with three inches of approved mulch immediately after planting.
Trees shall be staked and guyed immediately after planting. Stakes shall be of cedar or locust eight feet long, no less than two inches in diameter, and not driven into the trees' root systems. Trees shall be guyed to the stakes using No. 10 wire covered with rubber hose, or equal. The wire shall be stapled to the stake in such a manner that it will not slip or come into contact with the tree trunk. The trunk of the tree shall be protected with tree wrapping paper.
The removal of debris is required. The property must be left in a neat and orderly condition in accordance with good and accepted planting and tree surgery practice.
Trees shall not be planted between May 15 and September 15 without specific authorization of the Tree Warden.
Notice must be given to the Tree Warden 30 days prior to the start of planting in order that the plants and trees may be inspected and approved for tree variety, condition, size and quality.
All work shall be subject to the general supervision and approval of the Tree Warden. Any tree improperly planted or not meeting these specifications will be subject to removal. Any tree not surviving at the end of one year after planting shall be replaced at no cost to the Village. Said replacement shall be made within 60 days following written demand for such replacement or within a more extended period as may be specified.