[HISTORY: Adopted by the Council of the City of Watervliet 3-2-2018 by L.L. No. 2-2018 Amendments noted where applicable.]
This chapter shall be known as the "Tree Law of the City of
Watervliet."
The Council of the City of Watervliet has determined that it
is in the best interests of the citizens of the City of Watervliet
to promote and protect their health, safety and welfare to adopt a
tree local law. The Council of the City of Watervliet recognizes the
role that trees play in the City 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 Council further
recognizes the role trees play in enhancing property values and the
general quality of life in the City. In order to establish a responsible
program for planting, maintenance, husbandry or removal of trees or
shrubs in the City, the Council finds it is necessary to establish
a Tree Committee and to adopt this chapter to provide an orderly framework
to maximize the benefits afforded by trees within the City.
A.
Establishment; member terms.
(1)
The Council of the City of Watervliet shall create an advisory committee
known as the "City of Watervliet Tree Committee." The Committee shall
consist of five members, all of whom shall be residents of the City.
In addition, a City Code Enforcement Officer and General Manager shall
serve as ex officio members of the Committee. Each member shall be
appointed by the Mayor, subject to approval by the Council of the
City of Watervliet.
[Amended 11-19-2020 by L.L. No. 4-2020]
(2)
The members shall be appointed initially as follows: One member shall
be appointed for a term of five years; one member shall be appointed
for a term of four years; one member shall be appointed for a term
of three years; one member shall be appointed for a term of two years;
and one member shall be appointed for a term of one year. Thereafter,
all appointments shall be for three years.
[Amended 11-19-2020 by L.L. No. 4-2020]
(3)
If a Committee member does not serve the full term for reasons other
than the expiration of the term, the Mayor shall appoint a successor,
to serve the unexpired term.
B.
Compensation. Committee members shall serve in a voluntary capacity
without compensation.
C.
Tree Committee duties. The Tree Committee shall have the following
duties:
(1)
To study, investigate, counsel and develop and/or update annually,
and administer a written plan for the care, preservation, pruning,
planting, replanting, removal or disposition of trees and shrubs in
parks, along streets and in other public areas. Such plan will be
presented annually to the Council of the City of Watervliet and upon
their acceptance and approval shall constitute the official comprehensive
City tree plan for the City of Watervliet.
(2)
Maintaining reference materials relating to trees and shrubs.
(3)
Providing an inventory of the location of street trees and determining
areas where such trees could exist but are absent.
(4)
Establishing a suggested species list for the City and recommending
to the City the type and kind of trees to be planted upon City property.
(5)
Identifying trees for immediate removal. The Tree Committee may recommend
a tree or part of a tree be removed if the tree or tree part:
(6)
When requested by the Council of the City of Watervliet, to consider,
investigate, make findings, report and recommend any special matter
of question coming within the scope of its work.
(7)
Work to foster education and public awareness of the benefit of urban
forestry programs and shade trees to the Watervliet community.
(8)
Support Arbor Day activities and other urban forestry public benefit
programs.
A.
It shall be unlawful and it is hereby prohibited for any person,
firm, entity, company, corporation or utility to move, remove, replace,
or cut down any tree in any public street or on or along the sidewalk,
street or alley adjacent to private property between the property
line and the curb or middle of the alley or within the public right-of-way
within the City, or cause the same to be done, unless and until a
written permit to do so shall have been first obtained from the City
of Watervliet Building Department.
B.
The fee for obtaining said permit shall be $50, which must be paid
upon the filing of the application for permit.
[Amended 2-21-2019 by L.L. No. 2-2019]
Any permit issued pursuant to this chapter may contain such
conditions as the Building Department deems necessary to ensure compliance
with the legislative intent of this chapter.
A permit must be adequately displayed so that it is visible
from the nearest public street until such time as the authorized work
has ended and a final inspection has been conducted by the Building
Department.
The person, firm, entity, company, corporation or utility so
issued a permit by the Building Department under this chapter shall,
prior to performing any work, obtain and provide to the City the following
certificates of insurance naming the City of Watervliet as additional
insured: certificate of liability insurance, certificate of New York
State workers' compensation insurance, and certificate of New York
State disability benefits insurance; and shall protect, indemnify
and hold harmless the City of Watervliet from any and all claims that
may arise or that may be made for damage, loss, injury or death results
from the acts of said person, firm, entity company, corporation or
utility.
A.
No property owner shall be permitted to allow a tree, shrub or other
plant growing on his or her property or on or along the sidewalk,
street or alley adjacent to the same between the property line and
the curb or middle of the alley, to obstruct or interfere with the
view of drivers or vehicles or pedestrians to create a hazard. If
such tree, shrub or other plant does overhang or does otherwise adversely
affect any street, sidewalk or alley within the City, the property
owner shall, at the owner's expense, prune or remove the tree, shrub
or plant so that it shall not obstruct the view of any street intersection
or obstruct or hinder passage on any street, sidewalk or alley.
B.
If an obstruction persists, the Code Enforcement Officer shall mail
a notice, in writing, to the property owner to prune or remove the
tree, shrub or plant. The owner shall, at their own expense, prune
or remove the tree, shrub or plant within 10 days after the date of
service of the notice. If the owner fails to comply with the notice,
the City may undertake the necessary work and charge the cost for
such work to the property owner. If such charge remains unpaid for
45 days, the costs incurred by the City shall become a lien against
the property and be added to and appear on the next City tax bill
for said property.
C.
In the event that a sidewalk adjoining a property is raised, cracked
or otherwise damaged which creates a hazardous condition and the property
owner receives a notice from the City, which notice orders that property
owner to correct the condition prior to performing any work at the
property, the property owner must contact the Building Department
in order for a representative of the Building Department to inspect
the tree and/or root which is causing the damage to the sidewalk.
If at all possible, the property owner shall trim the root in order
to correct the problem in a manner which shall cause as little damage
to the root system as possible. Furthermore, the trimming of the root
system shall be done during a period of time during which the root
system is dormant. The removal of the tree shall only be performed
if absolutely necessary and only if it is determined by the Building
Department that the root system cannot be trimmed or otherwise cut
back to correct the problem.
A.
No person, firm, entity, company, corporation or utility shall remove,
cut above ground, disturb the root system or otherwise disturb any
public tree on any City street, public right-of-way or public place
without a permit.
B.
No person, firm, entity, company, corporation or utility shall fasten
or attach to any tree any sign, poster, bill notice or advertisement
of any kind.
C.
No person, firm, entity, company, corporation or utility shall cause
or permit any brine, oil, gasoline, liquid dye or other substance
deleterious to tree life to lie, leak, pour, flow or drip on or into
the soil about the base of a tree which could injure such tree.
D.
No person shall fasten or cause to be fastened any animal to a tree
in any street or public place or permit any animal owned by him or
in his charge to stand so near any such tree that the tree may be
gnawed or otherwise injured by the animal.
E.
No trees shall be planted or allowed to grow on private or public
lands within the limits of, or which will interfere with, any drainage,
sewer, water or utility easement.
A.
Private property owners have the duty, at their own expense, to cut
down and remove any trees upon their property or along the sidewalk,
street or alley adjacent to the same between the property line and
the curb or middle of the alley which are dead or diseased when such
trees constitute a hazard to life or property or harbor insects or
disease that constitute a potential threat to other trees within the
City. The Code Enforcement Officer shall mail a notice, in writing,
to the property owner to remove such trees for the reasons stated
above. The owner shall, at their own expense, remove such trees within
10 days after the date of service of the notice. If the owner fails
to comply with the notice, the City may undertake the necessary work
to remove such trees and charge the cost for such work to the property
owner. If such charge remains unpaid for 45 days, the costs incurred
by the City shall become a lien against the property and be added
to and appear on the next City tax bill for said property.
A.
An abutting landowner seeking removal of a healthy or live tree situated
on a public right of way or on or along the sidewalk, street or alley
adjacent to his or her property between the property line and the
curb or middle of the alley must file an application with the Building
Department seeking permission for removal.
B.
Applications for removal of a healthy or live tree must demonstrate
that removal will be of greater benefit to the inhabitants of the
City than the existing tree or trees sought to be removed.
C.
In determining whether removal of a healthy or live tree is in the
best interests of the City, the Building Inspector and/or Code Enforcement
Officer must find that:
A.
The stumps of all trees located in any public street or on or along
the sidewalk, street or alley adjacent to private property between
the property line and the curb or middle of the alley or within the
public right-of-way or public place within the City shall be removed
entirely below the surface of the ground. The cavity created by the
removal must be filled in with top soil.
B.
The stumps of all trees remaining above the surface of the ground in any public street or along the sidewalk, street or alley adjacent to private property between the property line and the curb or middle of the alley or within the public right-of-way or public place within the City at the time of the enactment of this chapter shall be removed entirely by abutting landowners pursuant to Subsection A above within 90 days of the date this chapter is filed with the New York State Secretary of State.
C.
The removal of stumps of all trees located in any public street or on or along the sidewalk, street or alley adjacent to private property between the property line and the curb or middle of the alley or within the public right-of-way or public place within the City shall require a permit as established in § 245-4 of this chapter.
Unless otherwise provided, a violation of any provision of this
chapter shall, upon conviction thereof, be subject to a fine not to
exceed $500 or imprisonment not to exceed 15 days, or both. Each day
during or on which a violation of this chapter shall occur shall be
deemed a separate and distinct offense.
