[HISTORY: Adopted by the Board of Trustees of the Village
of Saugerties 10-19-2009 by L.L. No. 3-2009. Amendments noted where
applicable.]
The Board of Trustees of the Village of Saugerties has determined
that it is in the interest of the citizens of the Village of Saugerties
to promote and protect their health, safety and welfare to adopt a
Shade Tree Ordinance. The Board of Trustees recognizes the role that
trees play in the Village ecosystem and that they contribute to the
quality of air, reduce noise and visual pollution, help to moderate
climatic extremes and conserve energy, and the Board further recognizes
the role trees play in enhancing property values and the general quality
of life in the Village. In order to establish a responsible program
for planting, maintenance, husbandry, or removal of trees or shrubs
in the Village, the Board of Trustees finds it necessary to establish
a Shade Tree Commission and to adopt this chapter to provide an orderly
framework to maximize the benefits afforded by trees within the Village.
[Amended 6-3-2013 by L.L. No. 3-2013]
As used in this chapter, the following terms shall have the
meanings indicated:
Any tree, shrub, bush or woody vegetation that has unique
value and is considered irreplaceable or in special need of protection.
The major criteria for heritage tree designation are age, rarity,
and size, as well as aesthetic, botanical, ecological, and historical
value.
Any trees, shrubs, bushes and all woody vegetation on land
lying within public parks having names and in all areas owned by the
Village to which the public has access.
Any trees, shrubs, bushes and all woody vegetation on land
lying within a public street or right-of-way within the Village.
A narrow strip of grass, soil, dirt or any other space located
between the roadway or curbline or shoulder and the boundary or right-of-way
line of the road. Also referred to as a verge or sidewalk buffer.
[Amended 6-3-2013 by L.L. No. 3-2013]
A.
The Board of Trustees of the Village of Saugerties hereby establishes
a Shade Tree Commission. The Shade Tree Commission's mission
is to plant, prune, maintain and remove trees and woody plants within
the limits of all Village streets, rights-of-way, or parks and make
recommendations to the Planning Board and Zoning Board of Appeals
when asked.
B.
The Shade Tree Commission shall consist of five Commissioners who
shall be appointed by the Village Board and who shall serve without
compensation. The Shade Tree Commission shall inventory all public
trees within the Village and shall study, investigate and present
occasional updates to the condition of all such public trees. The
Commission shall periodically counsel the Village Board of Trustees
on how best to manage the public trees and tree lawns and shall prepare
and update a written plan for the public safety, care, preservation,
pruning, planting, replanting, removal or disposition of trees within
the Village of Saugerties easements, streets and Village parks. This
plan shall also include a provision for public education.
[Amended 6-3-2013 by L.L. No. 3-2013]
A.
The Village Shade Tree Commission, in appropriate cases and upon
consultation with the property owner, may recommend to the Village
Board the removal or pruning of a tree which stands upon private property
but which threatens the safety or welfare of those who may use a Village
street; provided, however, that no person shall remove any public
tree on a Village street.
[Amended 9-3-2013 by L.L. No. 5-2013]
(1)
Upon recommendation to the Village Board that a tree threatens the
safety or welfare of those who may use a Village street or park, the
Village Building Inspector shall send notice to the property owner
of the situation and seek consent to enter the property and assess
and/or remove the dangerous situation.
(2)
Notice to a property owner shall be sent via certified return receipt
mail to the last known address of the property owner.
B.
No person shall remove any public Village street tree or tree on
Village property without the direct written consent of the Village
Shade Tree Commission.
[Amended 9-3-2013 by L.L. No. 5-2013]
C.
The Shade Tree Commission may obtain the consultation services of
a professional arborist, if necessary, to assess tree health and determine
the best course of action. Prior to engaging the services of an arborist
or any consultant, the Village Board must approve the hiring of said
consultant in accordance with the Village's procurement policy.
(1)
Upon removal of a public tree, the authorized party (the Village
of Saugerties or a licensed, certified independent tree maintenance
company) must also remove (grind) the tree stump. Stump removal (grinding)
may be done only after consultation with Dig Safe to ensure that no
hazardous underground cables or wires are located in the vicinity
of the removal.
(2)
All wood resulting from a tree removal must be gathered and disposed
of appropriately; wood may not be left curbside. Property owners are
permitted to use wood from tree removal occurring on their property
as firewood. Any tree found to be infested with insects or disease
is to be treated or burned in a secure location so as not to spread
invasive insects or diseases.
(3)
If a tree is removed without the consent of the Commission or the
Village, the party removing the tree must reimburse the Village for
the cost of a suitable replacement tree of at least a two-inch diameter.
(4)
Utility wires not currently in use shall be promptly removed within
30 days of replacement or becoming defunct so as not to interfere
with tree growth or create visual pollution within the streetscape.
Such removal notice shall be sent by the Village Building Inspector
via certified return receipt mail to the last known address of the
property owner and to Central Hudson.
(5)
Excess utility poles shall be promptly removed within 90 days of
replacement by new poles so as not to interfere with tree growth or
create visual pollution within the streetscape. Such removal notice
shall be sent by the Village Building Inspector via certified return
receipt mail to the last known address of the property owner and to
Central Hudson.
D.
Any time a public tree's root system disrupts a sidewalk within
the Village, the utmost care must be taken to repair the sidewalk
while preserving the root structure.
(1)
When a property owner becomes aware that a sidewalk has suffered
fracture or disruption due to the root structure of a public tree,
he or she shall notify the Shade Tree Commission and the Village Board
of Trustees.
(2)
Once the Shade Tree Commission and the Village Board of Trustees
is made aware of a sidewalk fracture or disruption due to the root
structure of a public tree, the Village Building Inspector shall,
upon consent of the property owner, enter the property and assess
the situation.
(3)
Where it is determined by the Village Building Inspector and/or a certified arborist retained by the Village that repair of the sidewalk is necessary and is due to fracture or disruption from the root structure of a public tree, the property owner shall procure three bids for the repair work to be done. The Village shall pay directly to the chosen contractor 50% of the lowest bid amount submitted. Reimbursement shall be limited to the area of the sidewalk affected by the tree root. The affected area shall be determined by the Village Building Inspector and/or a certified arborist retained by the Village; provided, however, that a property owner shall continue to bear all responsibilities and all liabilities related to the sidewalk as prescribed in the Village of Saugerties Law, Chapter 165, Streets and Sidewalks.
[Amended 9-3-2013 by L.L. No. 5-2013]
E.
When it becomes necessary for property owners to repair sidewalks
in front of their homes, businesses, or apartment buildings, care
should be taken to preserve the tree root structure. Property owners
are required to notify the Shade Tree Commission of planned sidewalk
work that could potentially impact trees. The Shade Tree Commission
shall make recommendations to the property owner as to the best methods
to mitigate potential disruption of the tree's root system.
F.
Utility workers should seek to install and maintain utility wires
in an unobtrusive way so as to reduce visual pollution of the streetscape
by reducing, bundling, consolidating or burying lines whenever possible.
G.
Individuals or property owners may not blacktop, cement or otherwise
alter or destroy public tree lawns. Tree lawns that have already been
altered or destroyed and are in need of repair must be assessed by
the Shade Tree Commission to determine a resolution.
H.
The owner or occupant of any real property abutting any tree lawn
in the Village of Saugerties shall be responsible for the maintenance
of such tree lawn.
I.
The Shade Tree Commission, Commissioner of Public Works, Commissioner
of Parks and the Mayor's office must be notified in writing,
at least 30 days in advance, when any public or private project might
affect or interfere with public trees, including but not limited to
the routine trimming of trees near utility lines. An attached map
and work plan must be included with the correspondence if more than
five trees are involved. Routine trimming of trees near utility lines
must be done correctly by experienced arborists so as to provide for
continued reliable service to utility customers while maintaining
a healthy and aesthetically attractive shade tree canopy in the Village.
J.
When a public tree is removed or dies naturally, the Shade Tree Commission
shall immediately recommend to the Village Board that it be replaced
with a new tree. Any replacement tree shall be at least 1.75 inches
to two inches in diameter and be included in a maintenance plan to
assure the survival of the tree.
K.
Trees planted by the Village as well as the general public should
be carefully selected. Trees placed near utility wires and poles should
be of a species whose maximum growth expectation is not anticipated
to meet or exceed the height of the utility wires, to avoid the need
for trimming. Vegetation, trees and shrubs placed near street corners
or driveways must allow for good driver visibility. Trees should be
selected to provide species variety, pest and disease resistance,
shade, wildlife habitat enhancement, ecological benefit and attractive
appearance. Trees should be evaluated for placement based on the site
conditions present: soil, water, sun, height and visual requirements,
interference with public/private infrastructure and the probability
that maintenance needs will be met.
L.
The Shade Tree Commission shall create an inventory of heritage trees
in the Village. The Commission shall utilize this inventory in making
recommendations to the Village, the Village Department of Public Works,
Planning Board and other Village government entities in regard to
the care and maintenance of heritage trees.
M.
Nothing in this chapter shall prevent the Village of Saugerties,
upon the advice and consent of the Shade Tree Commission, from entering
into an agreement with a private property owner to plant trees on
private property in locations needing trees but which do not have
tree lawns. Special attention shall be given to gateways to the Village
to ensure an attractive Village treescape.
A.
No person shall remove, destroy, or cause the removal or destruction
of a tree on any Village street or in any Village park, or undertake
construction or any activity which may significantly and prematurely
detract from the health or growth of a tree without first having obtained
written permission for such removal or construction at the office
of the Village Clerk. All applications must be approved by the Board
of Shade Tree Commissioners and all approvals shall be in conformance
with the Shade Tree Master Plan.
B.
The Shade Tree Commission, Commissioner of Public Works, Commissioner
of Parks and the Mayor's office must be notified when any scheduled
public or private project might affect or interfere with Village trees.
C.
Construction and private projects impacting Village trees must be
reviewed by the Shade Tree Commission. The Shade Tree Commission will
make a recommendation to the Village Board for action to mitigate/prevent
damage to Village trees. The Village Board will strongly consider
the recommendations of the Tree Commission when voting to approve
projects involving Village trees, and carefully balance these recommendations
with the need for the public good.
Any violation of this chapter shall constitute a violation within
the meaning of the Penal Law of the State of New York, and an appearance
ticket alleging such violation may be issued by any police officer
having jurisdiction.
A.
The Village Board of Trustees shall have the right to review the
conduct, acts and decisions of the Shade Tree Commission and of its
individual Commissioners. The Board of Trustees shall have the power
to remove individual Commissioners and to appoint new Commissioners
as may be necessary.
B.
Any person who is aggrieved by any decision of the Shade Tree Commission
may appeal the decision within 10 days of the filing of the decision
with the office of the Village Clerk. The appeal shall be heard by
the Board of Trustees within 30 days of the filing of the appeal in
the office of the Village Clerk. The Board of Trustees shall make
and file its decisions with the Village Clerk within 10 days of its
hearing.
[Added 6-3-2013 by L.L. No. 3-2013]
A.
Should any section of this chapter be held to be invalid, illegal,
unenforceable or in conflict with the law of any jurisdiction, the
validity, legality and enforceability of the remaining sections shall
not in any way be affected or impaired thereby.
B.
The Village of Saugerties shall indemnify and hold harmless the members
of the Shade Tree Commission from any decisions or actions they take
in their official role as a member of the Commission. The Shade Tree
Commission members shall have no personal liability connected with
any claims involving any of the public trees located within the Village
of Saugerties.
