[Amended 12-13-2018 by L.L. No. 9-2018]
No person, firm or corporation shall do or cause to be done
any of the following acts upon a Town highway or Town right-of-way
within the Town of Clarkstown without a written permit from the Superintendent
of Highways of the Town of Clarkstown or his authorized agent, nor
upon a Town park or other Town property within the Town of Clarkstown
without a written permit from the Department of Recreation and Parks
or the Department of Engineering and Facilities Management, as the
case may be:
A.
Cut,
trim, break, climb with spikes, disturb the roots of or otherwise
injure, misuse or remove any structure or device placed to support
or protect any tree or shrub.
B.
Plant
any tree or shrub.
C.
Fasten
any rope, wire, electrical attachment, sign, poster, notice or other
device to a tree or shrub or to any guard about such tree or shrub.
D.
Close
or obstruct any open space provided about the base of a tree or shrub
to permit the access of air, water or fertilizer to the roots of such
tree or shrub.
E.
Pile,
heap or store any building material, soil, debris or any other matter
or make any mortar or cement within the greater distance of six feet
of a tree or shrub or within the circumference of the branches of
such trees or shrubs.
Every person, firm or corporation having control over any wire
for the transmission of electrical or cable or phone current along
a Town highway shall at all times guard all trees through or near
which such wires pass against any injury from the wires or from the
electrical or cable or phone current carried by them. The device or
means used shall in every case be subject to written approval by the
Superintendent of Highways of the Town of Clarkstown or his authorized
agent.
Throughout the period of erection of or repairs or additions
to any building or structure or in the improvement of or repairs to
a Town highway, the owner thereof and/or the contractor shall place
such guides around all nearby trees on the Town highway as shall effectively
prevent injury to such trees. The owner and the contractor shall each
be responsible for the placement of such guide or guide rail, and
each shall be subject to the penalty provisions of this chapter, without
regard to their contractual obligations.
No person, firm or corporation shall permit any brine, gas or
any other injurious chemical to come in contact with the stem or roots
of any tree or shrub upon a Town highway, Town park or other Town
property.
No person, firm or corporation shall do or cause to be done
any damage nor shall litter or destroy any grass, shrub or fence or
tree upon Town highways, Town parks or other Town property.
[Amended 12-13-2018 by L.L. No. 9-2018]
The original six inches of topsoil shall not be removed from
property in any subdivision, development, construction, building or
erection site, except such topsoil lying within the area where excavation
is necessary for the construction of roads or structures or parking
areas or drainage, except, further, that no topsoil shall be mounded,
stripped or removed from any area encompassed within the circumference
of the branches of trees presently on the property, without the written
approval of the Architectural Historic Review Board and/or the Department
of Engineering and Facilities Management.
[Amended 12-13-2018 by L.L. No. 9-2018]
Any trees damaged during construction or development of property
shall be either replaced in kind with a two-and-one-half-inch-to-three-inch-caliper
shade tree or an evergreen tree, seven feet to eight feet in height,
or properly dressed by the party so constructing or developing, as
required by the Architectural Historic Review Board and/or the Department
of Engineering and Facilities Management.
In areas over which heavy equipment will be operated, such six
inches of topsoil shall be stripped and stockpiled on the property,
and protected with erosion control measures, and when final grading
and construction activities have been completed and the ground scarified
to a depth of six inches, except that portion over a septic disposal
system, the property shall be suitably regraded and recovered with
said six inches of topsoil, which shall contain no construction debris
or other foreign material. Tree roots, branches, stumps and stones
larger than three inches in diameter shall be removed from the six-inch
topsoil covering.
A.
Where seed is used, lawn grass seed shall be sown in all disturbed
areas from any construction activity where other planting is not appropriate.
Topsoil shall be tested by a certified soil lab for suitability for
establishing lawn. Soil additament shall be added as recommended from
soil analysis.
B.
All seed shall have been tested for germination within one year of
the date of the seeding, and the date of testing shall be on the label
containing the seed analysis, which label shall be presented at the
request of the Department of Engineering and Facilities Management.
Seeded areas shall be mulched and irrigated during the established
period for the grass, which shall be 45 days.
[Amended 12-13-2018 by L.L. No. 9-2018]
