Unless the context or subject matter otherwise
requires, the following definitions shall be used in the interpretation
and construction of this chapter:
BOARD
The Board of Trustees of the Village of New Paltz.
COMMISSION
The Shade Tree Commission described in Chapter
9, Article
II, of this Code.
TOP or TOPPING
The severe cutting back of limbs to stubs larger than three
inches in diameter within the tree's crown to such a degree as to
remove the normal canopy and disfigure the tree.
TREE
A woody, perennial plant having a trunk of at least seven
inches in diameter or 12 inches in circumference as measured at 4 1/2
feet.
[Amended 1-8-2014 by L.L. No. 5-2014]
[Amended 8-12-2020 by L.L. No. 8-2020]
A. The Village
shall have the right to plant, prune, maintain and remove trees, plants
and shrubs along any public street or thoroughfare in the space or
area measured 20 feet from the edge of the curb or road pavement and
public grounds as may be necessary to insure public safety, or to
preserve or enhance the symmetry and beauty of such public grounds.
B. The Enforcement
Officer may remove or cause or order to be removed any tree or part
thereof which is in an unsafe condition or which, by reason of its
nature, is injurious to waterlines, sewer lines, electric power lines,
telephone lines or other public improvements or is infected with any
injurious fungus, insect or other pest.
[Amended 1-24-2002 by L.L. No. 3-2002; 12-10-2008 by L.L. No.
15-2008]
A. Except as provided in §§
191-5 and
191-6 of this chapter, it shall be unlawful for any person, firm, corporation, or Village department to top, remove, or otherwise disfigure any tree on public or private property along any public street or thoroughfare in the space or area measured 20 feet from the edge of the curb or road pavement. If the structure of a tree is severely damaged and causes an immediate danger, then the removal or pruning of that tree may be authorized by the head of the Building Department or his/her designee or the Superintendent of the Department of Public Works or his/her designee.
[Amended 7-26-2017 by L.L. No. 6-2017; 8-12-2020 by L.L. No. 8-2020]
B. In required buffers, as set forth in Village Code Chapter
212, no trees may be removed, damaged, destroyed or endangered except as authorized by a duly issued building permit in compliance with an approved site plan. The site plan review of a proposed buffer modification shall include the Commission’s review of, and recommendations for, the proposal.
[Amended 1-24-2002 by L.L. No. 3-2002]
Every owner of any tree overhanging any street
or right-of-way within the Village or public utility company shall
prune the branches so that such branches shall not obstruct the view
of any street intersection nor obstruct the light from any streetlight
and so that there shall be a clear space of eight feet above the surface
of the street or sidewalk. The owner shall remove all dead, diseased
or dangerous trees or broken or decayed limbs which constitute a menace
to the safety of the public, except that the Village shall be responsible
to maintain and remove those trees where the trunk is located between
an existing sidewalk and curb or the roadside edge of the trunk is
within four feet of the paved portion of the roadway where there is
no sidewalk or curb. The Village or public utility company shall have
the right to prune any tree or shrub on private property when it interferes
with the proper spread of light along the street from a streetlight
or interferes with visibility of any traffic control device or sign.
The Village shall have the right to cause the
removal of any dead or diseased trees on private property within the
Village when such trees constitute a hazard to life and property or
harbor insects or disease which constitute a potential threat to other
trees within the Village. The Commission shall notify in writing the
owner of such trees. Removal shall be done by said owner at the expense
of the owner within 60 days after the date of service of notice. In
the event of the failure of the owner to comply with such provisions,
the Village shall have the authority to remove such trees and charge
the cost of removal on the next real property tax statement for such
property.
It shall be unlawful for any person to prevent,
delay or interfere with employees of the Village while engaging in
and about the planting, cultivating, mulching, pruning, spraying or
removing of any trees on private property as authorized by this chapter.