The Village of Croton-on-Hudson has a vital
interest in the planting and preservation of trees within its borders.
The preservation of trees as defined herein within the Village is
necessary to protect the health, safety and general welfare of the
Village because trees provide shade, impede soil erosion, aid water
absorption and retention, inhibit excess runoff and flooding, enhance
air quality, offer a natural barrier to noise, provide a natural habitat
for wildlife, provide screening, enhance property values and add to
the aesthetic quality of the community.
As used in this article, the following term
shall have the meaning indicated:
STREET TREES
Trees, shrubs, bushes and all other woody vegetation on land
lying between property lines on either side of all streets, avenues
and rights-of-way within the Village.
The Superintendent of the Department of Public
Works, hereinafter also referred to as the "Department," shall serve
as the official custodian of all street trees and develop, in consultation
with the Conservation Advisory Council, an annual street tree program.
The duties and responsibilities of the Department
shall be to:
A. Study the problems and determine the needs of the
Village of Croton-on-Hudson in connection with its street tree program.
B. In consultation with the Conservation Advisory Council,
determine the type and kind of trees to be planted upon Village streets
or parts of Village streets or as designated.
C. Work in conjunction with the Conservation Advisory
Council in the dissemination of news and information regarding selection,
planting and maintenance of trees within Village limits.
The spacing of street trees will be in accordance
with the following size classes, and the preferred distances between
trees are: small trees, 30 feet; medium trees, 40 feet; and large
trees, 50 feet; except in special plantings designed or approved by
the Department in consultation with the Conservation Advisory Council.
Small trees are defined as having an ultimate height equal to or greater
than 13 feet but less than 26 feet; medium trees are defined as having
an ultimate height equal to or greater than 26 feet but less than
52 feet; and large trees are defined as having an ultimate height
equal to or greater than 52 feet.
The distance trees may be planted from curbs
or curblines and sidewalks will be in accordance with the species
size, with final determination made by the Department.
No street tree shall generally be planted closer
than 35 feet to any street corner, measured from the point of the
nearest intersection curbs or curblines. No street tree shall be planted
closer than 10 feet to any fire hydrant.
No street trees may be planted over or within
three lateral feet (small or medium) or five lateral feet (large)
of any underground waterline, sewer line, transmission line or other
utility.
It shall be unlawful for any person, firm or
Village department to prune any street tree or other trees on public
property without written approval from the Department. "Pruning" is
defined as the severe cutting back of limbs to stubs larger than three
inches in diameter to such a degree as to remove the normal canopy
and/or disfigure the tree. Trees severely damaged by storm or other
causes or certain trees under utility wires or other obstructions
where other pruning practices are impractical may be exempted from
this article at the determination of the Department.
Every owner of any tree or shrub on private
property overhanging any right-of-way within the Village shall prune
the branches so that such branches shall not obstruct the light from
any street lamp or obstruct the view of any street intersection or
any traffic control device and so that there shall be a clear space
of eight feet above the surface of the street or sidewalk. Said owners
shall remove all dead, diseased or dangerous trees or broken or decayed
limbs which constitute a menace to the safety of the public. The Department
shall have the right to prune any tree or shrub on private property
when it interferes with the proper spread of light along the street
from a streetlight or interferes with visibility of any traffic control
device or sign or interferes with visibility at an intersection.
All stumps of street trees shall be removed
below the surface of the ground so that the top of the stump shall
not project above the surface of the ground.
In order to protect the Village's investment
in time and resources in the street tree program, it shall be unlawful
to remove or cause the destruction of any healthy street tree without
prior approval of the Department.
Any deviation from this article shall be unlawful
without the express written consent of the Superintendent of the Department.