No person shall plant any tree, shrub or plant that may create a traffic hazard or other visual obstruction, pursuant to Chapter
294 of this Code, within limits of any public ROW, park or other public
place, without first securing a written permit from the Village Engineer
or license agreement from the Village and complying with the following
conditions and requirements: the permit or license shall be granted
only upon a determination by the Village Engineer after consulting
with the Director of Public Works that such planting does not interfere
with the use of such public ROW, park or other public place and that
such planting will enhance the beauty and appearance of the public
ROW, park or other public place and the surrounding area.
A. Trees planted within the limits of any public ROW,
park or other public place shall be of a quality and species approved
by the Village Engineer and shall be planted at least 30 feet apart
unless otherwise authorized by the Village Engineer. Each such tree
shall measure not less than three inches DBH.
B. Should any tree, shrub or plant planted within the
limits of any public ROW, park or other public place pursuant to any
such permit, in the opinion of the Village Engineer, interfere at
any time with the use of such public ROW, park or other public place
by the public or detract from the beauty and appearance of the public
ROW, park or other public place or the surrounding area, the Village
Engineer shall mail a notice in writing to the permittee or his or
her successor in ownership of the abutting premises to remove such
tree, shrub or plant and to restore such public ROW, park or other
public place to its original condition within 15 days of the mailing
of the notice. If such permittee or owner shall fail to comply with
such notice, the Village Engineer may cause the tree, shrub or plant
to be removed, and the public ROW, park or other public place to be
restored to its original condition at the expense of such permittee
or owner. Any cost incurred by the Village in the performance of such
work involving the removal of any such tree, plant or shrub in any
public ROW, park or other public place shall be paid by such permittee
or owner, upon notice from the Village of Scarsdale, in full within
30 days of the date of such notice. In the event of nonpayment by
the owner of the property or building, such costs will be assessed
as a lien on the property.
C. Any tree, shrub or plant planted within the limits
of any public ROW, park or other public place pursuant to such a permit
or license agreement shall be maintained by the owner of the abutting
premises, and the Village shall not be responsible for any damage
caused to or by such tree, shrub or plant.
No person shall remove, kill, cut, break or
trim any tree or shrub in any public ROW, park or other public place
in the Village or remove any device set for the protection of any
such tree or shrub, without first securing a written permit from the
Village Engineer and complying with such specifications as the Village
Engineer may prescribe.
No person shall, without first securing a written
permit from the Village Engineer, cause any wire or insulator or any
device for the holding of any electric wire to be attached to any
tree in any public ROW, park or other public place or cause any wire
or other conductor charged with electricity to come in contact with
any such tree or place or maintain any pole or post in such a manner
as to interfere with any tree or shrub in any public ROW, park or
other public place.
No person shall fasten or tie any animal to
or attach any sign, bill, card, notice or advertisement to any tree
or shrub in any public ROW, park or other public place or allow any
animal under his or her control to injure any such tree or shrub.
No person shall place or maintain on the ground
in any public ROW, park or other public place any stone, excess soil
or other substance in such manner as may obstruct the free access
of air or water to the roots of any tree therein without first securing
a written permit from the Village Engineer.
No person shall cause any brine, oil, gas, gasoline,
liquid dye or other substance deleterious to tree life to pass onto
or into the soil about the roots of any tree in any public ROW, park
or other public place.
Any person or entity violating any of the provisions of this Article
IV shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine in amounts set forth in §
281-11 with respect to trees and as provided in §
281-17 for all other vegetation.