Village of Millbrook, NY Chapter 212 Trees

[HISTORY: Adopted by the Board of Trustees of the Village of Millbrook 12-18-1984 by L.L. No. 6-1984 (Ch. 40 of the 1974 Code). Amendments noted where applicable.]

§ 212-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

PARK TREES

Trees, shrubs, bushes and all other woody vegetation in public areas owned by the Village or to which the public has free access as a park.

STREET TREES

Trees, shrubs, bushes and all other woody vegetation on land lying between property lines on either side of all streets, avenues or ways within the Village.

§ 212-2 Creation of Shade Tree Commission.

[Amended 9-8-2020 by L.L. No. 6-2020[1]]

There is hereby created and established a Shade Tree Commission for the Viilage of Millbrook, New York. The composition of that Commission and the bylaws which govern it shall be found in the Policies of the Village of Millbrook under Shade Tree Commission Bylaws.

[1] Editor's Note: This local law also repealed former §§ 212-3 through 212-6, which immediately followed this section, and provided for the redesignation of former §§ 212-7 through 212-13 as §§ 212-3 through 212-9, respectively.

§ 212-3 Public tree care.

A. The Village shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds.

B. The Shade Tree Commission 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 sewers, electric power lines, water lines or other public improvements or is affected with any injurious fungus, insect or other pest.

§ 212-4 Tree topping.

It shall be unlawful as a normal practice for any person, firm or Village department to top any street tree, park tree or other tree on public property. "Topping" is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this section at the determination of the Shade Tree Commission.

§ 212-5 Pruning for visibility.

The Village 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 street light or interferes with visibility of any traffic control device or sign.

§ 212-6 Removal of stumps.

All stumps of street and park trees shall be removed below the surface of the ground, so that the top of the stump shall not project above the surface of the ground.

§ 212-7 Removal of healthy street trees.

ln order to protect the Village's investment in time and resources in the shade tree program, it shall be unlawful to remove any healthy street tree without prior approval of the Commission.

§ 212-8 Review of Commission decisions; appeals.

The Village Board of Trustees shall have the right to review the conduct, acts and decisions of the Shade Tree Commission. Any person may appeal from any ruling or order of the Commission to the Village Board who may hear the matter and make final decision.

§ 212-9 Deviations.

Any deviation from this chapter shall be unlawful without the express written consent of the Village Mayor.