[HISTORY: Adopted by the Board of Trustees
of the Village of Colonie 8-28-1995 by L.L. No. 2-1995. Amendments noted where
applicable.]
The intent of this chapter is to promote and
protect the public health, safety, general welfare, environment and
appearance of the Village of Colonie by providing for the regulation
of the planting, maintenance and removal of trees, shrubs and other
plants within the Village of Colonie.
For the purposes of this chapter, the terms
used herein are defined as follows:
All trees, shrubs, bushes and all other woody vegetation
in public parks and recreation areas owned or controlled by the village
and to which the general public has access.
All trees, bushes and all other woody vegetation on land
lying between property lines and the curbs or traveled way of all
streets or highways in the Village. This area shall include what is
commonly referred to as the Village right-of-way.
[Amended 9-15-2014 by L.L. No. 2-2014]
[1]
Editor’s Note: Former § 218-3, Arborist; powers
and duties, was repealed 9-15-2014 by L.L. No. 2-2014
[Amended 9-15-2014 by L.L. No. 2-2014]
A.
Distance from street corners or fire hydrants. No tree, brush or
other vegetation shall be planted closer than 30 feet to any street
corner as measured from the intersection of the curbs or, where there
are no curbs, from the intersection of gutters or of the edge of pavement.
No tree, shrub, or other vegetation shall be planted closer than 10
feet to any fire hydrant.
B.
Distance from utility lines. No tree, shrub or other vegetation shall
be planted within a horizontal distance of 10 feet of any overhead
wire, cable or utility line or within a horizontal distance of five
feet of any waterline, sewer line, utility line or other underground
cable, conduit or pipe.
C.
No tree, shrub or other vegetation shall be planted in such a way
that it will obscure any traffic signal, traffic control device or
street sign.
[1]
Editor’s Note: Former § 218-5, Planting of street
trees by private persons, was repealed 9-15-2014 by L.L. No. 2-2014
[Amended 9-15-2014 by L.L. No. 2-2014]
The Village shall have the right to plant, prune, maintain,
move or remove trees, plants, shrubs or other vegetation located on
the Village of Colonie right-of-way of any public street or on any
other property owned or controlled by the Village as may be necessary
to ensure public safety and protect the visual environment of the
Village of Colonie.
[Amended 9-15-2014 by L.L. No. 2-2014]
The Village shall have the right to prune any tree, vegetation
or shrub on private property when it interferes with the proper spread
of light along the street from a street light, causes interference
with public vehicular traffic, or interferes with the visibility of
any traffic control device or street sign.
[1]
Editor’s Note: Former § 218-8, Removal of dead
or diseased trees on private property, former § 218-9, Removal
of stumps, and former § 218-10, Interference with Arborist, were
repealed 9-15-2014 by L.L. No. 2-2014.
[Amended 9-15-2014 by L.L. No. 2-2014]
A.
Nothing in this chapter shall be construed to supersede any state
law or regulation.
B.
Any planting, maintenance or removal of trees in any state right-of-way,
whether by the Village or by private persons, shall only be carried
out in accordance with permits or rules of the New York State Department
of Transportation.
[Amended 9-15-2014 by L.L. No. 2-2014]
A.
The Village may acquire easements, by gift or otherwise, for the
planting of trees or for other purposes of this chapter.
B.
Such easements may also be accepted by the Board of Trustees of the
Village of Colonie or as may be recommended by the Planning Commission
or the Zoning Board of Appeals in connection with any site plan approval,
subdivision approval or the granting of a variance.
