[Adopted 3-12-1963]
No person, firm or corporation shall do or cause to be done
any of the following acts upon a public highway, park, parkway or
public place within the Village of South Nyack without a written permit
from the Shade Tree Commission or its agent:
A.
Cut, trim, break, climb with spikes, disturb the roots of or otherwise
injure or spray with a chemical or remove any living tree or shrub;
or injure, misuse or remove any structure or device placed to support
or protect such tree or shrub.
B.
Plant any tree or shrub.
C.
Fasten any rope, wire, electric attachment, sign or other device
to a tree or shrub or any guard about such a tree or shrub.
D.
Close or obstruct any open space provided about the base of a tree
or shrub to permit the access of air, water or fertilizer to the roots
of such tree or shrub.
E.
Pile any building material or make any mortar or cement within six
feet of a tree or shrub.
Every person, firm or corporation having control over any wire
for the transmission of electric current along a public highway shall
at all times guard all trees through which or near which such wires
pass against any injury from the wires or from the electric current
carried by them. The device or means used shall in every case be subject
to approval by the Shade Tree Commission or its agent.
Throughout the period of erection of, or repairs or additions
to, any building or structure, or in the improvement of or repairs
to a highway, the owner thereof, or the contractor, shall place such
guards around all nearby trees on the public highway as shall effectually
prevent injury to such trees.
No person, firm or corporation shall permit any brine, gas or
any other injurious chemical to come in contact with the stem or roots
of any tree or shrub upon a public highway.
No person, firm or corporation shall do, or cause to be done,
any damage, or shall litter or destroy any grass, shrub or tree in
public highways, parks, parkways and public places.
Shade trees of at least two-inch caliper, measured at 4 1/2
feet above ground level at planting, are to be planted at intervals
of a minimum of 40 feet. The maximum intervals of planting to avoid
obstacles and to obtain uniform spacing shall be in accordance with
the requirements of the Shade Tree Commission of the Village of South
Nyack. All shade trees thus planted shall be obtained from an accredited
nursery or other source approved by the Shade Tree Commission, with
a guarantee regarding the replacement if the trees die within a year's
time.
It is hereby ordained by the Village Board of the Village of
South Nyack that in presenting plans of developments for approval
by the Planning Board, the applicants must, in addition to existing
requirements, show the area from which trees will be removed, retained
and protected and planted, as required by the Shade Tree Commission
or its agent.
A.
The Planning Board shall not give approval without approval of the
Shade Tree Commission or its agent.
B.
Trees shall be planted along all new roads, and on the interior of
lots if none exist, with a minimum of two and a maximum of four per
lot, in accordance with the requirements of the Shade Tree Commission
of the Village or its agent.
[Amended 6-25-2019 by L.L. No. 3-2019]
Any person, partnership or corporation who or which commits, takes part or assists in any violation of any provisions of this article shall, upon conviction, be subject to a Type A penalty as set forth in § 1-15 of the Village Code. Each 24 hours of a continued violation of this article after a complaint is made shall constitute a separate offense.
