[HISTORY: Adopted by the Board of Trustees of the Village of Hillburn 3-16-1994 by L.L. No. 2-1994 (Ch. 9 of the 1977 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Parks and Recreation Commission — See Ch. 35.
Streets and sidewalks — See Ch. 205.
Trees — See Ch. 222.
As used in this chapter, 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 Hillburn 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 Hillburn.
There is hereby created and established a Community Forestry Council for the Village of Hillburn, which shall consist of three members who are citizens of the Village of Hillburn.
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.
Members of the Council shall serve without compensation.
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, shrubs and bushes 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 Hillburn.
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.
A. 
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, as follows:
(1) 
Small: under 25 feet.
(2) 
Medium: 25 feet to 40 feet.
(3) 
Large: over 40 feet.
B. 
A list of trees not suitable for planting will also be created by the Community Forestry Council.
C. 
Minimum spacing of trees and the planting and staking of the trees shall be in accordance with good horticultural practice.
When practicable, the distance that trees may be planted away from the curbs, curblines and sidewalks will be in accordance with the three species' size classes listed in § 10-7 of this chapter. No trees may be planted closer than two feet to any curb, curbline or sidewalk.
No street tree shall be planted within 30 feet of any street corner (measured from the point of the nearest intersection 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 § 10-7 of this chapter, may be planted closer than 15 feet to the vertical plane of an existing powerline, excluding service wires.
A. 
The Village of Hillburn 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 such public grounds or areas.
B. 
The Community Forestry Council will refer to the Village of Hillburn any notice, order or request 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 powerlines, gaslines, waterlines or other public improvements infected with any injurious fungus, disease, insect or other pest.
C. 
This section does not prohibit the planting of street trees by adjacent property owners. This chapter is designed to provide a resource for Village of Hillburn residents to learn of the appropriate species and planting practices and to instruct the residents in the appropriate planting practices for trees on municipal property.
It shall be unlawful, as a normal practice, for any person, firm or the Department of Public Works 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 obstructions where other pruning practices are impractical or pose a danger to the public welfare may be exempted from this requirement, at the determination of the Community Forestry Council.
A. 
The Village of Hillburn shall have the right to prune any tree or shrub which encroaches into the right-of-way or to require the owner to prune or remove, upon sufficient and proper notice, any tree or shrub on private property when it interferes with the proper spread of light along the street from a streetlight or when it interferes with the visibility of any traffic control device, 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.
The Village Board of Hillburn 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 Hillburn, 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 Hillburn. A violation of any provision of this chapter shall be an infraction, which, upon conviction, shall subject the violator to a maximum fine of $250 and/or 15 days' incarceration.