As used in this article, 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 Airmont, 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 Airmont.
There is hereby created and established a Community
Forestry Council for the Village of Airmont which shall consist of
three members: two Trustees and one citizen of the Village of Airmont.
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.
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.
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: small - under 25 feet;
medium - 25 feet to 40 feet; and large - over 40 feet. 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 listed in §
195-16 of this article. No trees may be planted closer together than the following: small trees - 30 feet apart; medium trees - 40 feet apart; 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 §
195-16 of this article. No trees will 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 intersection
curbs or curb-lines). 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 §
195-16 of this article may be planted closer than 15 feet to the vertical plane of an existing power line, excluding service wires.
It shall be unlawful as a normal practice, for
any person, firm, 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 obstruction
where other pruning practices are impractical, or posing a danger
to the public welfare, may be exempted from this requirement at the
determination of the Village of Airmont Forestry Council.
The Village Board of Airmont 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
Airmont, 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 Airmont. A violation of any provision of this
article shall be an infraction, which upon conviction, shall subject
the violator to a maximum fine of $250 and/or 15 days' incarceration.