This chapter is intended to provide for the regulation and maintenance
of trees on public lands, to ensure public safety, to preserve and enhance
the symmetry and beauty of such public grounds and areas and to provide a
resource for Village of West Haverstraw residents to learn of appropriate
species and planting practices.
As used in this chapter, the following terms shall have the meanings
indicated:
PARK TREES
Trees, shrubs, bushes and all other woody vegetation in public parks
having individual names and all other areas owned by the Village of West Haverstraw
or to which the public has free access as a park.
PROPERTY LINE
Refers to the lot line between adjacent parcels of land, and the
line between the public or private street and the lot on which such street
fronts or abuts.
STREET TREES
Trees, shrubs, bushes and all other woody vegetation on land lying
between property lines in either side of all streets, avenues or ways within
the Village of West Haverstraw.
There is hereby created and established a Community Forestry Council
for the Village of West Haverstraw, which shall consist of three members:
two Trustees and one citizen of the Village of West Haverstraw.
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.
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.
The spacing of street trees will be in accordance with the three species size classes list in §
93-8 of this chapter. No trees may be planted closer together than the following: small trees, 30 feet apart; medium trees, 40 feet apart; and large trees, 50 feet apart; except in special plantings approved by the Council.
When practicable, the distance trees may be planted away from the curbs, curblines and sidewalks will be in accordance with the three species' size classes listed in §
93-8 of this chapter. No trees shall be planted closer to any curb, curbline or sidewalk than the following: small trees, two feet; medium trees, three feet; and large trees, four feet.
No street trees other than those species listed as small trees (mature height under 25 feet) in §
93-8 of this chapter may be planted closer than 15 feet to the vertical plane of an existing power line, excluding service wires.
It shall be unlawful for any person, firm or the Department of Public
Works to top any street tree, park tree or any other tree on public property,
except that trees severely damaged by storms or other causes or certain trees
under utility wires or other obstruction where other pruning practices are
impractical or which poses a danger to the public welfare may be exempted
from this requirement at the determination of the Village of West Haverstraw
Forestry Council. "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.
The Village Board of West Haverstraw 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 West Haverstraw, which shall hear the matter and make
the final decision.
This chapter shall be enforced by the Building Inspector of the Village
of West Haverstraw or his duly designated agent at the direction of the Council
or Village Board, through the issuance of a notice of violation and a direction
to cure such violation within 15 days, where practicable. In the event that
such violation is not cured as required, the violation may be enforced through
the issuance of judicial process.
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. Nothing herein shall be deemed to prohibit
the Village from pursuing whatever other remedies may be available to it by
law.