[Adopted 1-24-1995 by L.L. No. 1-1995]
As used in this article, 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 Airmont, or to which the public has free access as a park.
STREET TREES
Trees, shrubs, bushes and all other woody vegetation on land lying between property lines on either side of all streets, avenues, or ways within the Village of Airmont.
There is hereby created and established a Community Forestry Council for the Village of Airmont which shall consist of three members: two Trustees and one citizen of the Village of Airmont.
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.
A. 
It shall be the responsibility of the Council to study, investigate, counsel, develop, and/or update annually, a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks, along streets, and in other public areas, including easements.
B. 
Such plan will be presented annually to the Village Board and its acceptance and approval shall constitute the official, Comprehensive Village Tree Plan for the Village of Airmont.
C. 
The Council, when requested by the Village Board, shall also consider, investigate, make findings, report, and recommend upon any special matter or question coming within the scope of its work.
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 Community Forestry Council shall develop and maintain a list of desirable trees for planting along streets in three size classes based on mature height: small - under 25 feet; medium - 25 feet to 40 feet; and large - over 40 feet. List of trees not suitable for planting will also be created by the Community Forestry Council.
The spacing of street trees will be in accordance with the three species' size classes listed in § 195-16 of this article. No trees may be planted closer together than the following: small trees - 30 feet apart; medium trees - 40 feet apart; 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 § 195-16 of this article. No trees will 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 § 195-16 of this article may be planted closer than 15 feet to the vertical plane of an existing power line, excluding service wires.
A. 
The Village of Airmont shall have the right to plant, prune, maintain, and remove trees, plants, and shrubs within the line of all streets, alleys, avenues, lanes, squares, easements, rights-of-way, and public grounds, as may be necessary, to insure public safety, or to preserve, or enhance, the symmetry, and beauty of such public grounds or areas.
B. 
The Community Forestry Council will refer to the Village Board for its consideration any request for the removal of any tree or part thereof on public lands, which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines, or other public improvements, or is affected with any injurious fungus, insect, or other pest, as confirmed by the Village Engineer. The Village Board is to make the final determination for the necessity of removal or to notify the appropriate agency involved. This article is designed to provide a resource for Village of Airmont residents to learn of the appropriate species and planting practices.
It shall be unlawful as a normal practice, for any person, firm, to top any street tree, park tree, or any other tree on public property. "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. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstruction where other pruning practices are impractical, or posing a danger to the public welfare, may be exempted from this requirement at the determination of the Village of Airmont Forestry Council.
A. 
The Village of Airmont shall have the right to notify the property owner and the utility company to prune any tree or shrub on private property when it interferes with the proper spread of light along the street or from a streetlight. The Village of Airmont shall have the right to require the property owner to prune any tree or shrub on private property that interferes with visibility of any traffic control device or sign, or sight triangle at intersections, or when it is otherwise a danger to the public safety and welfare.
B. 
Tree limbs that grow near high voltage electrical conductors shall be maintained clear of such conductors by the utility company, in compliance with any applicable franchise agreements. Public utility tree trimming shall be carried out in accordance with accepted electrical and horticultural standards. Utility tree trimming policies and standards will be reviewed by the Council on a regular basis.
[1]
Editor's Note: See also Ch. 161, Sight Obstructions.
The Village Board of Airmont 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 Airmont, which shall hear the matter and make the final decision.
It shall be illegal for any person, corporation, or partnership to cut, prune, or destroy any tree on public lands within the Village of Airmont. A violation of any provision of this article shall be an infraction, which upon conviction, shall subject the violator to a maximum fine of $250 and/or 15 days' incarceration.