Village of The Branch, NY Chapter 253 Trees, Shrubs and Hedges

[HISTORY: Adopted by the Board of Trustees of the Village of the Branch as Ch. 79 of the 1973 Code. Amendments noted where applicable.]

§ 253-1 Plantings in sidewalk area; existing plantings.

No trees, shrubs or hedges shall be planted within the sidewalk area in front of or adjacent to any private premises, including all areas in any development, a map for which has been filed or may hereafter be filed with the Planning Board of the Village of the Branch. In the case of existing trees, shrubs or hedges located within the sidewalk area, the owners or occupants of the premises in front of or adjacent to which such trees, shrubs or hedges are located shall be responsible for their maintenance, as provided in § 253-2 of this chapter.

§ 253-2 Removal and trimming; root damage to sidewalks.

It shall be the duty of every owner, tenant or other occupant of any house or structure, and every owner or person entitled to possession of any vacant lot, to remove trees, shrubs or hedges when required by the Village authorities and to keep trees, shrubs and hedges in front of or adjacent to their premises and within the sidewalk area trimmed so that overhanging limbs will not interfere with passersby on the sidewalk or roadway, such limbs to be kept trimmed at all times to allow a passage space of not less than eight feet above the center of the sidewalk and not less than 13 feet above the roadway measured at a point five feet from the curbline. It shall also be the duty of every owner, tenant or other occupant of any house or structure, and every owner or person entitled to possession of any vacant lot, to repair any sidewalk or curb in front of or adjacent to such premises damaged by tree, shrub or hedge roots located in front of or adjacent to said premises, whether or not such are within the property line or sidewalk area.[1]

[1] Editor's Note: For additional provisions concerning maintenance of property and sidewalk area, see Ch. 196, Property Maintenance, and Ch. 234, Streets and Sidewalks.

§ 253-3 Prohibited trees; removal procedures.

A. No person or persons, firm, association or corporation shall plant or permit to be planted any poplar trees of any type, willow trees or trees known as swamp maple trees on any street within the Village limits of the Village of the Branch or within 25 feet of any water conduit, sewage main or storm drain belonging to either the Village of the Branch, the Town of Smithtown, the County of Suffolk or the State of New York.

B. It shall be the duty of the Board of Trustees of the Village to cause any poplar trees, willow trees or swamp maple trees now growing in any street in the Village of the Branch, which are causing any damage to any water conduit, sewage main or storm drain belonging to the Village of the Branch, the Town of Smithtown, the County of Suffolk or the State of New York, to be forthwith removed, and it shall be the further duty of the Board of Trustees of the Village to cause to be removed any poplar trees, willow trees or swamp maple trees growing on any property within 25 feet of a water conduit, sewage main or storm drain belonging to either the Village of the Branch, the Town of Smithtown, the County of Suffolk or the State of New York, and which are causing any damage to any such water conduit, sewage main or storm drain, after giving the owner of the property on which such tree is or trees are located five days' written notice by mail of his intention.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

C. It shall be the duty of each owner or occupant of real property within the Village to afford access to such property to the Board of Trustees of the Village or his employees or appointees for the purpose of inspecting any tree or removing the same in accordance with the provisions of this chapter.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

§ 253-4 Hedges at street intersections.

A. No person, persons, firm, association or corporation shall suffer or permit any fence, hedge, ornamental planting, bush or other structure or plant which reduces visibility to an extent which creates a hazard to vehicular traffic, to be erected or to grow on any property owned or occupied by him or them at a street intersection in the Village of the Branch to a height greater than 2 1/2 feet above street level within the area of a triangle formed by the property corner and a line connecting the two property line cutback points as tabulated in the included cutback distance chart showing required cutback distances for various angles of street intersections. If intersections have different angles than those shown, then the property line cutbacks shown for the closest corresponding angle will prevail.

B. The following are exceptions:

(1) Any street intersection where all approaches are controlled by traffic control devices.

(2) T-intersections where at least one approach is controlled by a traffic control device.

C. Cutback distance chart.

	Property Line Cutback Distance (feet)
Angle of Intersection (degrees)	Minor Street	Major Street
90	3	35
85	5	57
80	8	78
75	10	94
70	13	108
65	16	116
60	19	125
55	22	134
50	24	138
45	28	139

D. Definitions. For the purposes of this section, the terms used herein are defined as follows:

MINOR STREET

A street having minor traffic movement and/or regulated by traffic control devices.

PROPERTY LINE CUTBACK DISTANCE

The distance from the corner formed by the intersection of the property lines to the property line cutback point.

PROPERTY LINE CUTBACK POINT

That point on the property line of the major or the minor street established by proceeding along the property lines from their point of intersection the cutback distances as shown in the cutback distance chart.

§ 253-5 Violations; noncompliance procedures.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Any owner who has been notified by the Village Clerk or Board of Trustees that the trees or shrubs on his premises are in violation of this chapter, and who shall fail to correct the condition within five days of the sending of such notice to his last known address by mail, shall be in violation of this chapter, and, in addition to the penalties otherwise enforceable, the Board of Trustees may thereafter so trim offending trees and hedges as to correct the prohibited conditions and may assess the cost thereof against the owners of the adjacent property. Such costs, if not paid, shall be assessable against the property as a tax thereon.

§ 253-6 Liability for damage to third party; indemnification of Village.

[Added 4-11-2000 by L.L. No. 1-2000]

Any owner of commercial or residential property or any person who fails to adhere to or violates any provision of this chapter shall be liable for any defect, injury, fault or damage to any third party and shall be required to hold the Village of the Branch harmless, and indemnify the Village, from and against any and all expenses or liability arising out of such violation.