[HISTORY: Adopted by the Board of Trustees of the Village
of Rhinebeck 8-11-2009 by L.L. No. 1-2009. Amendments noted where
applicable.]
GENERAL REFERENCES
Planning and Zoning Boards — See Ch. 14.
Brush, grass and weeds — See Ch. 37.
Environmental quality review — See Ch. 49.
Littering — See Ch. 72.
Parks and other public areas — See Ch. 78.
Solid waste — See Ch. 92.
Streets and sidewalks — See Ch. 98.
Water — See Ch. 115.
Zoning — See Ch. 120.
Road specifications — See Ch. A125.
Subdivision regulations — See Ch. A126.
The Village Board enacts this chapter to achieve the following
purposes:
A.
Establish and maintain the maximum sustainable amount of tree cover
on public and private lands which impact public highways and other
public property in the Village;
B.
Maintain trees within the Village in a healthy and nonhazardous condition
through accepted arboricultural practices;
C.
Establish and maintain appropriate diversity in species and age classes
within the Village;
D.
Protect and enhance the character of the Village by assuring that
decisions regarding the care and maintenance of trees are consistent
within the Village and consistent with the Village Comprehensive Plan;
E.
Prevent destruction or damage to shade, ornamental and evergreen
trees and heritage trees by preventing inappropriate cutting of these
trees in new subdivisions or other developments within the Village;
F.
Prevent soil erosion and provide protection to wetlands, water bodies,
watercourses, air quality, vegetation, wildlife and fragile natural
resources; and
G.
Preserve the natural beauty and community character of the Village.
H.
Recognizing that the care and maintenance of street trees is a general
benefit to the Village residents by contributing to the overall appearance
of the Village; and recognizing that planting solely in the Village
right-of-way leads to conflicts with sidewalks, utility wires and
street maintenance, the Village Board shall consider alternatives
for street tree planting in concert with private property owners in
the Village.
[Added 9-13-2016 by L.L.
No. 4-2016]
As used in this chapter, the following terms shall have the
meanings indicated:
The cultivation of trees and shrubs, including the study
of how they grow and respond to cultural practices and the environment,
as well as aspects of cultivation such as selection, planting, care
and removal.
Trained specialist certified by the International Society
of Arborculture or one of its chapters or other nationally recognized
arborcultural organizations with expertise in free management.
The diameter of a tree trunk, taken six inches aboveground
for up to and including four-inch caliper size, and the diameter at
breast height for larger frees.
A measurement of projection of the total crown size that
a tree or trees in a specified area will attain at maturity.
All portions of a tree, excluding the trunk and roots, such
as branches and foliage.
The diameter or caliper of a tree trunk at the height of
4 1/2 feet aboveground.
Any tree which constitutes a public nuisance by virtue of
having an infectious disease or insect problem, being dead or dying,
having limbs that obstruct street lights, traffic lights, etc., or
a tree that poses a threat to public safety from falling limbs.
A tree identified by inventory, or other study of the Village
Tree Commission, which has certain unique or noteworthy characteristics
or values to make that tree deserving of special protection under
this chapter.
A healthy tree which has a minimum diameter of 36 inches
at four feet aboveground or a minimum crown spread of 15 feet.
A Village tree growing in the strip of land between the edge
of the street and the sidewalk or within the Village easement.
A program sponsored by the National Arbor Day Foundation
in cooperation with the USDA Forest Service and the National Association
of State Foresters which gives recognition to communities for providing
a basic level of human and financial resources to manage their community
forests.
Any removal, breaking, pruning, destruction or injury of
any tree covered by the provisions of this chapter.
A plan submitted to the Village of Rhinebeck Planning Board
in conjunction with any subdivision or other development site plan
or special permit application for the preservation, maintenance and
protection of trees on the property to be developed.
An inventory of existing public trees and private trees,
where possible, within the Village, indicating species, location,
size, age and condition. Inventories of Village trees should include
street trees, park trees, public trees, roadside trees and specimen
and heritage trees on private and public lands.
The Village Board of Trustees of the Village of Rhinebeck.
A.
Authority and composition of the Commission. There is hereby created
a Village Tree Commission for the Village of Rhinebeck. The Commission
shall consist of not less than five nor more than nine members. All
members of the Commission shall be residents of the Village of Rhinebeck
or the Town of Rhinebeck or owners or operators of businesses within
the Village. However, preference shall be given in appointing members
who are Village residents. Knowledge of arboriculture is desirable
but shall not be a requirement for membership on the Commission. The
Commission shall be appointed by the Mayor and Board of Trustees by
resolution. The initial terms of office for the members of the Commission
shall be three years for two members; two years for two members; and
one year for one member. Thereafter, on the expiration of a member's
term, subsequent appointments shall be for a term of three years.
All appointments to fill vacancies shall be for the unexpired term.
Members of the Commission shall, on a yearly basis, appoint a member
of the Commission to act as Chairman of the Commission for one year.
[Amended 6-22-2021 by L.L. No. 1-2021]
B.
Funding and compensation. The members of the Tree Commission shall
not be compensated for their services. The Village shall, each year,
include in its budget appropriate funding for the Commission which
shall, at the very least, meet the current Tree City, USA minimum
requirements in order for the Village to qualify as a Tree City, USA.
C.
Professional assistance. The Commission may, if necessary to fulfill
its functions, utilize the services of licensed professionals to assist
the Commission. Requests for such professional services shall be made
to the Village, and hiring of such professionals, with the recommendation
of the Commission, shall be made by the Village Board.
D.
Tree inventory and tree management plan. The Commission shall be
responsible for creating and updating a tree survey inventory of trees
within the Village parks and Village property and along public highways
and on private property (where access to that property can be obtained
with the property owner's permission) within the Village. This inventory
shall be used by the Commission to create and implement a tree management
plan which the Commission will update periodically, but no less than
every three years, to reflect current conditions. The tree management
plan will, among other things, address the following:
(1)
Identification of planting sites with a goal of increasing the percentage
of canopy cover within the Village;
(2)
Create a list of trees appropriate for planting along highways, in
Village parks and on Village property; and
(3)
Annual goals for pruning and removal of dead, dangerous or hazardous
trees and tree limbs in the Village.
E.
Recommendations for tree maintenance, removal and care. The Commission
shall make recommendations to the Village, its officials and employees
for the planting, maintenance and care of trees along public highways
or within Village parks and on Village property. The Village Highway
Department shall, except in cases of emergency, consult with the Commission
before removing or ordering the removal of a tree or limb of a tree
within a highway right-of-way which threatens the health, safety and
welfare of the users of the highway or the ability of the Highway
Department to maintain the highway in a safe manner. The Village Board
shall appoint a liaison to the Commission and Highway Department for
purposes of facilitating communications between the Department and
Commission. In providing such advice, the Commission may examine the
subject tree(s) and may consult with an arborist or other professional
consultant. The Commission may also make recommendations to the Highway
Department through the liaison concerning those trees which present
a hazard because of death, age, infectious disease, insect infestation
or overgrowth which obstructs street lights and traffic and street
signs, or any other condition which requires the treatment, cutting
or removal of the tree.
F.
Inventory of heritage trees. The Commission shall also create an
inventory of heritage trees in the Village which are in special need
of protection. In developing this inventory, the Tree Commission shall
consider such characteristics as tree size; rarity of species; age;
historic significance; ecological value; aesthetics; and location.
The Commission shall utilize this inventory in making recommendations
to the Village, the Village Highway Department, the Planning Board
and other agencies of the Village government in regard to the care
and maintenance of trees.
G.
Cooperation with the Town of Rhinebeck. The Commission shall also
have the power to work and cooperate with the Town of Rhinebeck and/or
any tree commission (or similar commission or committee) established
by the Town of Rhinebeck for purposes of protecting, maintaining and/or
planting trees within the Town of Rhinebeck. Such cooperation may
take the form of participation by the Tree Commission or its members
in a joint Tree Commission established by the Town of Rhinebeck and
the Village of Rhinebeck pursuant to an intermunicipal agreement.
H.
Dissemination of tree information. The Commission shall assist the
officers and employees of the Village, as well as residents, in the
dissemination of information regarding the importance of selection,
planting and maintenance of trees within the Village, whether on public
or private property.
I.
Other responsibilities. The Commission shall fulfill such other and
further responsibilities imposed upon it by the Village Trustees,
from time to time, as may reasonably be necessary to effect the purposes
and intent of this chapter.
A.
No person shall, without first obtaining a permit from the Village
Board, remove, cut, top, prune, destroy or injure (tree cutting) any
park tree, public tree, roadside tree, street tree or any tree growing
in or on a highway easement or other public place.
B.
Application for a tree permit shall be made, in writing, to the Village
Board through the Village Clerk on a form provided by the Village.
Upon receipt of the application, the Village Clerk shall forward the
application to the Tree Commission for an advisory recommendation.
C.
The Village Board shall give due consideration to the recommendations
of the Tree Commission in acting on the permit application and shall
issue the permit when it establishes to its satisfaction that there
is a need for the proposed action based upon the following:
(1)
The presence of the tree would cause hardship or would endanger the
health, safety or welfare of the general public, the applicant or
the adjacent property owner;
(2)
The tree is diseased or threatens the health of other trees;
(3)
The tree(s) substantially interfere(s) with a permitted use on the
property;
(4)
The cutting of the tree(s) is required by application of the standards
of good arboricultural practice and will not have an adverse effect
on the ecological system or the environment; and
(5)
The location of the tree(s) prevents compliance with state, county
or local standards for site lines, driveways and/or intersections.
D.
The Village Board may impose such conditions on the issuance of a
permit as may be necessary and reasonable to mitigate the adverse
impacts of the tree cutting.
E.
No permit shall be required to cut any tree(s) when:
(1)
Necessary to control a fire.
(2)
Necessary in cases of emergency where the permit approval process
would endanger the heath, safety and welfare of individuals or property.
In such an event, however, the person performing the work on the tree
shall submit to the Village Board written documentation of the emergency
and the actions taken to respond to such emergency within five working
days of the action.
(3)
The tree cutting is undertaken in accordance with a tree preservation
plan approved by the Village Planning Board in conjunction with a
subdivision, site plan and/or special permit application.
F.
A permit may be revoked by the Village Board if it determines that
the tree cutting performed by the property owner is not performed
in accordance with the approved permit and/or conditions placed upon
such permit.
G.
The cost of removal shall be the responsibility of the property owner.
[Added 9-13-2016 by L.L.
No. 4-2016]
A.
Each application submitted to the Planning Board for site plan approval,
special permit approval and/or subdivision of property within the
Village shall be accompanied by a description of all tree removal
which is contemplated in conjunction with the project prepared by
the applicant. In particular, the description shall include:
(1)
An identification of all heritage trees on the property as may have
been identified by the Commission in its inventory;
(2)
A description of all trees having a dbh of 24 inches or greater;
(3)
All trees which are locally important or rare in the area;
(4)
All trees having a notable local or regional historical significance;
(5)
All trees having a high ecological value; and
(6)
All trees having important aesthetic or ecological functions.
B.
This description shall be referred by the Planning Board to the Tree
Commission upon receipt of a complete application from the applicant.
The referral shall also include the complete application, including
all site plans, landscape plans, maps, surveys and subdivision plats.
C.
The Commission shall, within 30 days after its receipt of the referral,
make a recommendation to the Planning Board of conditions to be imposed
in the Planning Board's approval of the project in the form of a tree
preservation plan to preserve, maintain or protect the trees on the
property. The Commission may also make recommendations concerning
the landscaping and screening plans and the protection of trees during
construction for each project referred to it.
D.
The Planning Board shall not act on the application until 30 days
have expired from the receipt of the referral by the Commission or
until is has received a recommendation from the Commission, whichever
is earlier.
E.
The Planning Board shall consider, and incorporate where appropriate,
the recommendations of the Commission in a tree preservation plan
for the project or in conditions of approval to be adhered to by the
developer in the development of the property. The Plan shall, in the
discretion of the Planning Board:
A.
The Village, through its Highway Department, shall have the authority
to prune the branches of any tree overhanging any street or right-of-way
within the Village so that the branches shall not obstruct the light
from any street lamp or obstruct the view of any street intersection
and so that there shall be a clear space of eight feet above the surface
of the street or sidewalk.
B.
The Village shall have the authority to remove all dead, diseased
or dangerous trees or broken or decayed limbs on private and public
property which constitute a menace to the safety of the public. The
Village shall have the authority to prune any tree or shrub on private
property when it interferes with visibility of any traffic control
device or sign.
C.
The Village shall have the authority to cause the removal of any
dead, diseased or other trees on private property within the Village
when such trees constitute a hazard to public highways, public ways
or other public property within the Village. The Village, through
its Highway Department or Village Clerk, will notify, in writing,
the owners of such tree(s). Removal shall be performed by said owners
at their own expense within 60 days after the date of service of notice
unless a shorter time period is specified in the notice. In the event
of the failure of the owners to comply with such provisions, the Village
shall have the authority to remove such trees and charge the cost
of the removal as a municipal lien to be levied as a special assessment
or tax against the owner of land upon which the tree was situated.
Notices pursuant to this section shall be deemed to be given when
delivered personally to the property owner or when sent by certified
mail, return receipt requested, to the address of the owner of the
property as shown on the latest tax assessment roll.
D.
In performing its functions, the Village Board and its Highway Department
shall, where practicable, consult with the Tree Commission. The Tree
Commission may, from time to time, provide the Village and the Highway
Department with a list of trees within the Village which present a
hazard to the public and which are in need of removal, pruning or
cutting.
[Added 9-13-2016 by L.L.
No. 4-2016]
A.
Planting locations and species selection shall be recommended by
the Tree Commission and approved by the Village Board.
(1)
Planting locations may include Village property, private property
within the Village's right-of-way (ROW), or private property up to
30 feet beyond the curbline of the public road.
B.
Consent for planting on private property shall be documented by a
"consent for tree planting and maintenance agreement" signed by the
property owner prior to planting on a form approved by the Village
Attorney.
[Amended 10-10-2017 by L.L. No. 4-2017]
(1)
The agreement shall provide, at a minimum, for the following:
(a)
The property owner grants access to the planted tree or trees
for watering and pruning purposes for a period of five years following
planting as deemed necessary by the Village. The cost for this care
shall be the responsibility of the Village.
(b)
The property owner shall hold harmless and indemnify the Village
for all activity performed by Village employees or volunteers in caring
for the newly planted tree.
(c)
After the expiration of the five-year term, the care of the
tree becomes the sole responsibility of the property owner.
A.
Any person, firm, partnership, corporation or other party who violates
any of the provisions of this chapter shall be deemed and held to
be guilty of an offense and, upon conviction, shall be fined a sum
not to exceed $250, or imprisoned for not more than 15 days, or both,
for each offense. Each week during which the violation shall continue
shall be held and deemed to be a separate offense.
B.
The Building Inspector and Zoning Enforcement Officer shall have
the authority to issue appearance tickets and prosecute violations
of this section. In addition, appearance tickets may also be issued
by the Police Department, and prosecution of such offenses may also
be made by the Village Attorney or Attorney to the Village, as the
case may be.
C.
In addition to criminal remedies, the Village shall have the right
to seek injunctive relief in a court of competent jurisdiction against
any person violating the provisions of this chapter.
D.
In addition to any other remedies set forth herein authorizing the
Village to enforce the provisions of this chapter, establishing penalties
and setting forth additional remedies, the person charged with the
responsibility to enforce the provisions of this chapter may impose
a civil fine or agree to a civil fine not to exceed $1,000 per day
for each day of the violation. If said civil fine is imposed then
the alleged violator may appeal to the Village Board.
