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.
[Added 10-8-1979]
As used in this chapter, unless a different meaning clearly
appears from the context, the following terms shall have the meanings
indicated:
PERSON
Any individual, firm, copartnership, association or corporation
other than the Village or a public corporation.
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.
SUBDIVISION
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.
VILLAGE
The Incorporated Village of Cornwall-on-Hudson.
[Added 10-8-1979]
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.