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:
ADJACENT PROPERTY OWNER
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.
DIAMETER BREAST HEIGHT (DBH)
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.
DRIPLINE
A vertical line extending from the outermost edge of the
tree canopy or shrub branch to the ground.
NUISANCE
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.
PARK
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.
PUBLIC PLACES
Includes all grounds owned, leased or controlled by the Village
of Cobleskill, County of Schoharie, for public use.
PUBLIC TREE
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.
A.
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.
B.
SHADE TREES- A large tree growing to over 40 feet in height at maturity, usually deciduous, that is planted to provide canopy cover shade.
SEVERE ROOT PRUNING
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.
STREET
A highway, road, avenue, lane, alley, culvert, embankment,
or sidewalk which the public has a right to use.
STREET TREE
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.
TOPPING
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.
TREELAWN
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.
TREE WORK
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.
UTILITIES
Those entities that provide electricity, gas, sewer, water,
telephone and cable television to properties within the village.
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.
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.
[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.