[HISTORY: Adopted by the Board of Trustees of the Village of West Haverstraw 12-21-1994 by L.L. No. 5-1994. Amendments noted where applicable.]
GENERAL REFERENCES
Parks and recreation areas — See Ch. 155.
Public property — See Ch. 176.
This chapter is intended to provide for the regulation and maintenance of trees on public lands, to ensure public safety, to preserve and enhance the symmetry and beauty of such public grounds and areas and to provide a resource for Village of West Haverstraw residents to learn of appropriate species and planting practices.
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 West Haverstraw or to which the public has free access as a park.
PROPERTY LINE
Refers to the lot line between adjacent parcels of land, and the line between the public or private street and the lot on which such street fronts or abuts.
STREET TREES
Trees, shrubs, bushes and all other woody vegetation on land lying between property lines in either side of all streets, avenues or ways within the Village of West Haverstraw.
There is hereby created and established a Community Forestry Council for the Village of West Haverstraw, which shall consist of three members: two Trustees and one citizen of the Village of West Haverstraw.
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 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 West Haverstraw.
C. 
The Council, when requested by the Village Board, shall also consider, investigate, make findings, reports and recommend and comment 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:
(1) 
Small, under 25 feet.
(2) 
Medium, 25 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.
The spacing of street trees will be in accordance with the three species size classes list in § 93-8 of this chapter. No trees may 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 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 § 93-8 of this chapter. No trees shall 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.
A. 
No street tree shall be planted within 35 feet of any street corner (measured from the point of the nearest intersection curbs or curblines).
B. 
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 § 93-8 of this chapter may be planted closer than 15 feet to the vertical plane of an existing power line, excluding service wires.
A. 
The Village of West Haverstraw 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. Except as otherwise provided herein, no person, corporation or partnership shall cut, prune or destroy any tree on public land within the Village of West Haverstraw; provided, however, that this section does not prohibit the planting and maintenance of trees, plants or shrubs within the line of streets, easements and rights-of-way by adjacent property owners consistent with the species and distance requirements of this chapter.
B. 
The Community Forestry Council will refer to the Village Board of Trustees 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 or proximity is or may become injurious or otherwise present a hazard to sewers, electric power lines, gas lines, waterlines or other public improvements or is affected with any injurious fungus, insect or other pest.
It shall be unlawful for any person, firm or the Department of Public Works to top any street tree, park tree or any other tree on public property, except that trees severely damaged by storms or other causes or certain trees under utility wires or other obstruction where other pruning practices are impractical or which poses a danger to the public welfare may be exempted from this requirement at the determination of the Village of West Haverstraw Forestry Council. "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.
A. 
The Village of West Haverstraw 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 street light or when it interferes with visibility of any traffic control device or sign or sight triangle at an intersection or when it otherwise presents 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 West Haverstraw 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 West Haverstraw, which shall hear the matter and make the final decision.
This chapter shall be enforced by the Building Inspector of the Village of West Haverstraw or his duly designated agent at the direction of the Council or Village Board, through the issuance of a notice of violation and a direction to cure such violation within 15 days, where practicable. In the event that such violation is not cured as required, the violation may be enforced through the issuance of judicial process.
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. Nothing herein shall be deemed to prohibit the Village from pursuing whatever other remedies may be available to it by law.