A.
Legislative findings and intent. The Village of Scarsdale wishes
to promote the reliable delivery by public utilities of electric power
to residents and businesses within the Village. The Village recognizes
that tree limbs may interrupt such reliable delivery if they become
entangled with electric lines and therefore public utilities must,
from time to time, cut and/or remove trees. The Village also wishes
to recognize and preserve the benefits of trees to the community,
including, without limitation, shade and aesthetic appeal, enhancing
green space, improving air quality, reducing energy use and atmospheric
carbon dioxide, providing and promoting habitat for wildlife, impeding
soil erosion, aiding water absorption, inhibiting excess runoff and
flooding, providing screening, offering a natural barrier to noise,
providing other environmental benefits and generally enhancing the
quality of life within the Village. Removal of trees, if not regulated
locally, would be deleterious to the environment and adversely impact
all property in the Village.
B.
Any tree work in the Village right-of-way by a public
utility, or its agent, including trimming and/or removal of trees
must comply with nationally recognized standards and, further, that
when tree removal is necessary, reasonable efforts are to be made
to mitigate the loss of trees and any resulting threat by such removal
by replanting, or such other actions that are necessary to protect
the public health, safety, environment and general welfare.
C.
Utilities or their agents responsible for maintaining ROWs in the Village shall follow the tree maintenance practices for utilities established by the National Arbor Day Foundation, as amended from time to time, unless otherwise authorized in writing by a tree expert under such terms and conditions as may be specified. Nothing in this article prevents a public utility from contracting with a private entity to perform tree maintenance, as long as such tree maintenance conforms to the standards established by the National Arbor Day Foundation and provisions of this Article II.
D.
Except for tree pruning and trimming permitted by Subsection B above, no utility or its agents or contractors shall cut, top or remove a tree on a Village ROW, unless such tree poses a danger to a distribution line. A certification by a tree expert that such tree(s) are diseased or dying or, with respect to a healthy tree, such tree is so entangled with a distribution line that pruning and maintenance practices cannot reasonably be expected to prevent such tree from falling on or otherwise interfering with the distribution line is to be filed with the Village Engineer before any work takes place. Notwithstanding any provisions of this Article II, an entity may trim, top or remove a tree on a ROW if it has fallen on a distribution line or, in the judgment of the utility, is in imminent danger of doing so.
E.
Except for tree pruning and trimming maintenance practices permitted by this Article II, any public utility or other entity removing a tree on a ROW or trimming to such a degree that would constitute removal, including if done on an emergency basis, shall replant a replacement tree, as defined herein, for each such tree removed and take such action as shall be determined by the utility's consulting tree expert so that no adverse environmental effects, including, but not limited to, drainage and soil erosion, impact the Village or adjacent property owners.
A.
The Village Engineer may issue such regulations and forms as it deems appropriate for the administration of this Article II and may issue stop-work orders for violations.
B.
If any provision of this article is violated by any utility or its agent, the Village may, in any court of competent jurisdiction, seek injunctive relief restraining any violation of this article and/or compel the restoration described under the violation. Any violation of this article shall be punishable by a fine in the amounts set forth in § 281-11.
