The Board of Trustees of the Village of South Nyack has determined
that the existing character of the community is highly dependent on
the wooded landscape and streetscape. Further, the Board finds that
trees are inherently beneficial to the psychological and physical
health, safety, and general welfare of the community and hereby enacts
the following legislation:
A. To preserve an important attribute of the Village by encouraging
owners of existing developed lands, and developers of lands, to save
or replace as many native and mature tree species as possible when
making improvements to real property;
B. To control and regulate indiscriminate and excessive removal, cutting,
and destruction of trees in order to regulate and prevent conditions
which result in increased surface runoff, soil erosion, and decreased
soil fertility;
C. To maintain the stability and value of real property by preserving
existing woodland aesthetics;
D. To ensure the continued maintenance of landscaping in accordance
with site plan or subdivision plan approvals, or in accordance with
the regulations contained herein;
E. To help reduce the adverse impacts associated with vehicular noise
and emissions resulting from the high volumes of traffic on the New
York State Thruway which passes through the Village; and
F. To encourage close attention to the Village's designation as
a critical environmental area.
For the purposes of this article, the following terms, phrases,
words, and their derivations shall have the meanings given herein.
When not inconsistent with the context, words used in the present
tense shall include the future, words in the plural number includes
the singular and words in the singular includes the plural. The word
"shall" is always mandatory and never discretionary.
PERSON
Any person, firm, partnership, association, corporation,
company or organization of any kind.
SIGNIFICANT TREE
A tree at least eight inches in diameter as measured 4 1/2 feet above the highest root stem; or a tree, shrub, hedge, or plant shown or described to remain or be planted on an approved planting plan, landscape plan, site plan, subdivision plan, or a plan approved by the Zoning Board of Appeals; or a tree, shrub, hedge, or plant required in satisfaction of the requirements of §
302-17, Penalties for offenses, Subsection
C, of this article.
[Amended 4-13-2004 by L.L. No. 3-2004; 6-25-2019 by L.L. No. 3-2019]
All significant trees indicated to remain as part of the landscaping
plan of an approved subdivision or site plan shall be protected by
a temporary four-foot-high fence constructed of two-inch-by-four-inch
posts and rails around the dripline, wrapped with orange plastic mesh,
before construction or site work begins.