(a) Prohibited activities. Except as permitted herein, no person or entity shall do or cause to be done by others, either purposely, carelessly or negligently, any of the following acts upon privately or publicly owned property within the Village of Nyack:

[1] Cut, destroy, remove, top or substantially injure any significant tree as defined in this code except as may be permitted in Subsection (b), Permitted activities, below.
[2] Place or maintain upon the ground any substance or impervious surface which would impede the free access of air and water to the roots within the dripline of any significant tree.
[3] Apply any substance to any part of a significant tree, including the roots, which may injure or destroy the significant tree.
[4] Change the elevation of ground surrounding the trunk and dripline in a manner likely to have an adverse effect on the health of the significant tree.
 

(b) Permitted activities. Notwithstanding the restrictions of Subsection (a), above, Prohibited activities, the following activities shall be permitted:

[1] The crown pruning, thinning or trimming of a significant tree in a manner that is not harmful to the health of the significant tree.
[2] Cutting, removal or destruction of a single significant tree.
 

[a] The cutting, removal or destruction of a single significant tree is allowed, for any reason whatsoever, once per three years per tax lot, which three-year period shall be calculated from the last/most recent cutting, removal or destruction of a significant tree on the same tax lot, and which cutting, removal or destruction shall not require Planning Board review or approval; but shall require the issuance of a permit by a Village Building Inspector. The issuance of the aforesaid significant tree removal permit is subject to, and conditioned and contingent upon, the property owner's planting of a replacement tree according to the following regulations:
 

[i] One replacement tree shall be provided, on the same tax lot as the situs of the tree to be removed, for every eight inches of diameter of the tree to be removed.

[ii] Each replacement tree shall be a minimum 2 1/2 inches caliper of nursery grade stock, and selected from the Village of Nyack Recommended Tree List.

[iii] Under circumstances where the planting of a replacement tree is not feasible on the same lot as the situs of the tree to be removed, the property owner shall be required to pay a fee, into the Village's Tree Replacement Fund, in a total sum as per the Standard Schedule of Fees[1] of the Village of Nyack (as same may be amended from time to time).
 

[b] Regardless, notwithstanding and irrespective of the foregoing, a Building Inspector may issue a permit for the removal of any dead, diseased or hazardous significant tree, without any limitation as to the frequency of significant tree removal, and not requiring the planting of a replacement tree (or trees) or the payment of a fee in lieu of replacement tree planting; but shall subject to, and conditioned and contingent upon, the property owner's satisfaction of either of the following requirements:
 

[i] The submission to a Village Building Inspector, by the property owner, of an inspection report, prepared and signed by a NYS licensed landscape architect or an ISA Certified Arborist (New York State Arborists, ISA Chapter, Inc.), documenting that the tree is: diseased or dead; a danger, or posing a risk of imminent peril, to public safety; or otherwise a hazard to humans or property ("dead, diseased or hazardous").

[ii] The tree is determined by a Village Building Inspector, after her/his inspection, to be dead, diseased or hazardous.
 

[c] A Village Building Inspector may, in his or her sole discretion, retain the consulting services of a NYS licensed landscape architect or an ISA Certified Arborist (New York State Arborists, ISA Chapter, Inc.), the costs and fees of which shall be paid for by the Village (not the applicant), so as to aid the Building Inspector in the assessment of any significant tree that is the subject of a tree removal permit application, including, but not limited to, advising whether or not a tree is dead, diseased or hazardous; and/or, if the tree is not dead, diseased or hazardous, then advising in regard to alternatives to the removal of the tree, such as maintenance options.

[3] The cutting, removal or destruction of a significant tree as necessary to construct or add to any structure for which a building permit has been issued by the Building Inspector and which does not require subdivision or site plan approval, provided said cutting, removal or destruction is kept to the absolute minimum required to construct said structure. Any application shall indicate the extent of tree removal on the property. The Building Inspector, upon review of a building permit application, which requires extensive significant tree cutting or removal, may refer said application to the Planning Board for approval in accordance with Subsection (c), Exceptions, below.

[4] The cutting, removal or destruction of any significant tree pursuant to an order or directive of a Village, county or state agency.

[5] The cutting, removal or destruction of significant trees as shown on an approved site plan or subdivision plan, or a plan approved by the Planning Board or Zoning Board of Appeals.

[6] The necessary cutting, removal or destruction of significant trees by a utility provider for the purposes of power, cable, telephone, water or sewer service, provided that all utility companies shall notify the Village Clerk of any tree trimming schedule prior to commence tree trimming operations within the Village of Nyack.

(c) Exceptions. Upon written application to the Planning Board, the Board may, by resolution, grant an exception from any of the requirements of this chapter as may be reasonable and within the purposes and intent of this chapter if the enforcement of one or more of the provisions is impractical or will exact undue hardship because of specific conditions pertaining to the property in question, and only if a significant tree or trees to be removed are replaced elsewhere on the property or in the immediate neighborhood. The Planning Board may grant an exception from this chapter where the significant trees are to be removed in accordance with a landscaping plan approved as part of a subdivision or site plan application.

(3) Protection of trees during development or construction. All significant trees indicated to remain as part of the landscaping plan of an approved subdivision or site plan shall be protected by a temporary four-foot-high fence constructed of two-inch-by-four-foot posts and rails around the dripline, wrapped with orange plastic mesh, before construction or site work begins.

(4) Penalties for offenses. See § 360-4.4C(4).