[HISTORY: Adopted by the Board of Trustees
of the Village of Cobleskill 1-22-2002 by L.L. No. 1-2002. Amendments noted where
applicable.]
This chapter shall be known and may be cited
as the "Tree Law of the Village of Cobleskill, County of Schoharie."
The proper planting of new trees and the health
and maintenance of existing trees within the public right-of-way aid
in maintaining property values in the Village of Cobleskill, implement
the design and environmental goals of the comprehensive plan, and
promote the general welfare of the Village of Cobleskill residents.
This chapter will:
A.
Create a Tree Committee to establish regulations governing
the planting, maintenance, and removal of trees and shrubs in the
public streets, rights-of-way, parks and other municipally owned property
in the Village of Cobleskill;
B.
Preserve green foliage on village streets and public
property; and
C.
Replace trees that must be removed from public property
because of disease or lack of development.
As used in this chapter, the following terms
shall have the meanings indicated:
The person, firm, entity, or corporation owning property
bordering a village street. The adjacent property owner to a public
tree shall be the owner of property located on a perpendicular with
the street line through the center of the tree four feet above the
edge of pavement of a roadway.
Tree trunk diameter measured in inches with a calipers at
six inches from grade in the case of trees measuring four inches or
less in diameter; and at a height 4 1/2 feet above grade when
the tree trunk is larger than four inches.
A vertical line extending from the outermost edge of the
tree canopy or shrub branch to the ground.
Any thing or act that annoys or disturbs unreasonably, hurts
a person's use of his or her property, or violates the public health,
safety and welfare.
Includes land designated as a park pursuant to New York State statutes as well as areas such as playgrounds, pools or other recreational facilities within the village under the jurisdiction of the Village Board of Trustees pursuant to the Village of Cobleskill Code § 104-3.
Includes all grounds owned, leased or controlled by the Village
of Cobleskill, County of Schoharie, for public use.
Any woody plant, located on municipal property or within
the municipal right-of-way, having at least one well-defined trunk
and at least 2 1/2 inches in diameter measured at a height of
six inches above the natural grade and having a clearly defined crown.
ORNAMENTAL TREES- Small to medium trees that grow 15 feet to 40 feet in height at maturity, and that are planted for aesthetic purposes such as colorful flowers, interesting bark, or fall foliage.
SHADE TREES- A large tree growing to over 40 feet in height at maturity, usually deciduous, that is planted to provide canopy cover shade.
Cutting back the underground tree roots inside 1.5 times
the dripline of the tree that will be detrimental to the life of the
tree.
A highway, road, avenue, lane, alley, culvert, embankment,
or sidewalk which the public has a right to use.
Any tree, shrub, bush, or other woody vegetation on land
lying between property lines on either side of all streets, avenues
or roads, such as the municipal right-of-way.
Severe cutting back of limbs to stubs larger than three inches
in diameter within the tree crown to such degree so as to remove the
normal canopy and disfigure the tree.
The green space adjacent to a street or highway, not covered
by sidewalks or other paving, lying between the property line and
that portion of the street or highway usually used for vehicular traffic.
Also known as "diameter breast height."
Includes, but is not limited to, pruning, shaping, thinning,
cabling, stump removal, root pruning, topping, fertilizing, removing,
planting, and spraying for insect and disease control, of a tree.
Those entities that provide electricity, gas, sewer, water,
telephone and cable television to properties within the village.
A.
Establishment; membership; terms.
[Amended 3-18-2014 by L.L. No. 1-2014; 5-16-2017 by L.L. No. 1-2017]
(1)
The Village Board of Trustees shall create an advisory committee
known as the "Village of Cobleskill Tree Committee." The Committee
shall consist of five members. In addition, the Village Code Enforcement
Officer and the Village Engineer shall serve as ex officio members
of the Committee. Each member shall be appointed by the Mayor, subject
to approval by the Board of Trustees.
(2)
In addition, the Mayor, with approval of the Village Board, may appoint
up to three nonvoting alternate members of the Tree Committee. Said
alternates shall be authorized to participate in all discussions and
deliberations of the Tree Committee, and shall be voting members in
the case of recusal or absence of any Tree Committee member.
(3)
At least six of the voting and nonvoting alternate members shall
be residents of the village, allowing for up to two members to reside
outside the village.
(4)
The members shall be appointed initially as follows: two members
shall be appointed for a term of one year; two members shall be appointed
for a term of two years; and one member shall be appointed for a term
of three years. Thereafter, all appointments shall be for three years.
(5)
If a Committee member does not serve the full term for reasons other
than the expiration of the term, the Mayor shall appoint a successor
to serve for the unexpired term.
B.
Tree Committee duties. The Tree Committee shall have
the following duties that include, but are not limited to:
(1)
Studying, investigating, developing and/or updating
the Village's written plan for caring, preserving, pruning, topping,
replanting, removing or disposing of trees and shrubs in parks, along
Village streets, and in other public areas.
(2)
Maintaining reference materials relating to trees
and shrubs.
(3)
Providing an inventory of the location of street trees
and determining areas where such trees could exist but are absent.
(4)
Establishing a suggested species list for the village
and recommending to the village the type and kind of trees to be planted
upon village property.
(5)
Identifying trees for immediate removal.
(6)
Providing a long-range plan every five years for the
Village relating to street trees and shrubs.
(7)
Providing the Village Board of Trustees with a yearly
estimate of personnel costs and the cost of nursery stock to be used.
Such plan shall be presented annually to the Board.
(8)
Educating the public regarding the selection, planting
and maintenance of trees within the village limits.
(9)
Recommending to the Village Board of Trustees desirable
legislation concerning the tree program.
(10)
Coordinating tree-planting projects.
A.
The municipality or its agent shall perform all necessary
maintenance to preserve and protect street trees in a safe and healthy
condition, including trimming, spraying, fertilizing, watering, staking,
topping, root pruning, mulching, treating for disease or injury, and
removal if necessary.
B.
The village shall have the right to plant, prune,
maintain and remove trees, plants and shrubs within the lines of village
streets and public grounds as may be necessary to ensure public safety
or to preserve or enhance the symmetry and beauty of such public grounds.
C.
The Village Tree Committee may recommend a tree or
part of a tree be removed if the tree or tree part:
D.
No property owner shall be permitted to allow a tree,
shrub, or other plant growing on his or her property to obstruct or
interfere with the view of drivers of vehicles or pedestrians on the
sidewalk to create a traffic hazard. If such tree, shrub or other
plant does overhang or does otherwise adversely affect any street,
sidewalk, or right-of-way within the village, the property owner shall,
at the owner's expense, prune the tree, shrub or plant so that it
shall not obstruct the view of any street intersection or obstruct
or hinder passage on any street or sidewalk. If an owner must trim
a tree, shrub, or other plant, the owner must provide for a clear
space of eight feet above the surface of the sidewalk and up to 14
feet above the surface of the street after consultation with a certified
arborist.
E.
If an obstruction persists, the Code Enforcement Officer
shall mail a notice, in writing, to the property owner to prune or
remove the tree, shrub or plant within 10 days. If the owner fails
to comply with the notice, the Village may undertake the necessary
work and charge the cost for such work to the property owner. If such
charge remains unpaid for 60 days, the expense shall be added to the
next real estate tax bill of the property owner.
A.
No person or utility shall plant, spray, fertilize,
treat, prune, remove, cut above ground, disturb the root system or
otherwise disturb any public tree or shrub on any village street,
park or public place without a permit.
B.
Further, no person shall fasten or attach to any tree
any sign, poster, bill, notice or advertisement of any kind.
C.
No person or utility shall cause or permit any brine,
oil, gasoline, liquid dye or other substance deleterious to tree life
to lie, leak, pour, flow or drip on or into the soil about the base
of a tree which could injure such tree.
D.
No person shall fasten or cause to be fastened any
animal to a tree in any street or public place or permit any animal
owned by him or in his charge to stand so near any such tree that
the tree may be gnawed or otherwise injured by the animal.
E.
No trees shall be planted or allowed to grow on private
or public lands within the limits of, or which will interfere with,
any drainage, sewer, water, or utility easement.
A.
Application to plant. No one, except the Village of
Cobleskill or its agents acting in the Village's behalf, shall plant
a tree or shrub upon Village property or upon a Village treelawn without
first submitting an application to the Tree Committee on forms provided
by the Committee.
B.
Information required. Anyone submitting an application
shall state the number of trees to be set out; the location, species
or variety of each tree to be planted; the method of planting; and
any other information as the Tree Committee shall find reasonably
necessary for its recommendation to the Codes Enforcement Officer
to issue the appropriate permit.
C.
Removal, replanting and replacement. No one except the Village of Cobleskill or its agents acting on the Village's behalf, shall remove, replant or replace a tree from Village property or the treelawn for any reason without first applying to the Tree Committee on forms provided by it and receiving a permit from the Codes Enforcement Officer. Such replacement shall meet the standards of size, species and placement as set by the Tree Committee according to specifications set forth by this chapter in § 141-12.
D.
Notice of completion. Notice of completion shall be
given to the Codes Enforcement Officer so a final inspection may be
made.
E.
Costs.
(1)
The costs initiated by the adjacent property owner
for tree planting, tree removals, or tree replacements shall be borne
by such adjacent property owner. The Tree Committee may suggest to
the Village that the Village share in the expense of this work or
may perform this work wholly at the Village's expense as long as such
expenses are within budget limitations established annually by the
Board of Trustees.
(2)
The costs for work performed by or for utilities shall
be borne by the respective utility.
Private property owners have the duty, at their
own expense, to cut down and remove any trees upon their property
which are dead, harbor insects or disease, or which are so damaged
as to be a public nuisance and in danger of falling, thereby causing
damage to person or property of others. The Village Tree Committee
shall recommend to the Code Enforcement Officer to provide the property
owner with written notification that a tree or shrub should be removed
for the reasons stated above. Owners shall, at their own expense,
remove such trees. Owners shall have 15 days after the date of service
of the notice to inform the Code Officer as to when the tree shall
be removed. Owners shall have no more than 30 days after informing
the Code Officer to remove such trees unless the Code Officer indicates
otherwise in writing. If owners fail to comply with such provisions,
the Village shall remove such trees and charge the cost of removal
to the property owner upon notice and hearing. If the cost of such
removal remains unpaid for 60 days, the cost of removal shall be added
to the next real estate tax bill of the property owner.
It shall be unlawful for any person, firm, entity,
corporation, or utility to top any street tree or shrub, or to engage
in severe root pruning. Trees severely damaged by storms or certain
trees under utility wires or other obstructions, where other pruning
practices are impractical, may be exempted from this chapter upon
the recommendation of the Tree Committee.
A.
No person or utility shall excavate any ditches, tunnels
or trenches, or lay any drive within the dripline of a public tree
without first obtaining a permit from the Codes Enforcement Officer.
B.
No person or utility shall remove a tree or shrub
from the treelawn for the purpose of construction or for any other
reason without first filing an application and receiving a permit
from the Codes Enforcement Officer.
C.
All trees on any street or other publicly owned property
near any excavation or construction of any building, structure, or
street work shall be guarded with a substantial fence, frame, or box
not less than four feet high. Whenever possible, the diameter of such
fence, frame or box should be at least one and one-half times the
dripline. At no time shall the fence, frame, or box extend beyond
the sidewalk into the street, nor shall such fence, frame, or box
cause a hardship for those using the sidewalk.
D.
When construction, excavation, and/or material deposits
result in the destruction and/or removal of a street tree, the person
or utility responsible for that damage shall replace the street tree
with either a tree or trees of equivalent dollar value in the vicinity
of the removed street tree.
No one shall hinder, prevent, delay, or interfere
with the Village of Cobleskill or its agents, including the Tree Committee,
or any of its assistants, or any contractors while engaged in carrying
out the enforcement of this chapter or duly adopted regulations.
A.
The Village of Cobleskill hereby adopts the Arboricultural
Specifications and Standards of Practice of the International Society
of Arboricultural as published under American National Standard for
Tree Care Operations (ANSI A300-1995) or the most recent edition (a
copy of which is available for review).
B.
All tree work done by or in the Village of Cobleskill
shall conform to these specifications and standards.
[Amended 7-21-2020 by L.L. No. 2-2020]
Any person, firm, entity, or corporation violating
or failing to comply with any of the provisions of this chapter shall
be guilty of a violation, and upon conviction thereof shall be fined
no more than $250.
If any section, paragraph, sentence, clause,
or phrase of this chapter is found to be invalid by a Court of competent
jurisdiction, such judgment shall not affect, impair, or invalidate
the remaining portions of this chapter.
This chapter shall become effective immediately
upon filing with the New York State Secretary of State.