[HISTORY: Adopted by the Board of Trustees of the Village of Piermont
6-6-1995 by L.L. No. 12-1995. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Trees, shrubs, bushes and all other woody vegetation in public parks
having individual names and in all other areas owned by the Village of Piermont
or which the public has free access to as a park.
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 Piermont.
This chapter shall be administered by the Parks and Community Forestry
Commission, established by resolution of the Board of Trustees on April 25,
1977.
A.
It shall be the responsibility of the Commission to study,
investigate, counsel and 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 avenues 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
tree plan for the Village of Piermont.
C.
The Commission, 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 this chapter.
The Commission shall develop and maintain a list of desirable trees
for planting along streets, avenues and other public places in three size
classes based on mature height: small, under 25 feet; medium, 25 to 40 feet;
and large, over 40 feet. A list of trees not suitable for planting will also
be created by the Commission. This chapter is designed to provide a resource
for Village of Piermont residents to learn of the appropriate species and
planting practices.
The spacing of street trees shall be in accordance with the three species size classes listed in § 84-4 of this chapter. No trees shall be planted closer together than the following: small trees, 30 feet apart; medium trees, 40 feet apart; and large trees, 50 feet apart, except in special plantings approved by the Commission.
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 § 84-4 of this chapter. No trees may 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 tree shall be planted within 35 feet of any street corner
(measured from the point of the nearest intersecting curbs or curblines).
No street tree shall be planted within 10 feet of any fire hydrant.
No street trees, other than those species listed as small trees (mature height under 25 feet) in § 84-4 of this chapter, may be planted closer than 15 feet of the vertical plane of an existing power line, excluding service wires.
A.
The Village of Piermont 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 ensure public safety or to preserve or enhance
the symmetry and beauty of the aforesaid areas.
B.
The Commission shall refer to the Village Board any notice
or order for the removal of any of the following: 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, gaslines, waterlines,
telephone and cable lines or other public improvements or which is affected
with any injurious disease, fungus, insect or other pest.
C.
This section does not prohibit the planting of street
trees by adjacent property owners.
A.
The Village of Piermont 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 or from a street light or when it 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 accordance
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 shall be reviewed by the Commission
on a regular basis.
The Village Board of Piermont shall have the right to review and approve
the conduct, acts and decisions of the Commission. Any affected person may
appeal from any ruling, order or decision of the Commission to the Village
Board, which shall hear the appeal and make the final decision.
