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Companion bill
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Authorizes certain owners of residential real property in cities of the first class to opt out of planned city tree planting
In Assembly Committee · Cities · Sponsor Michael Simanowitz
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the general city law, in relation to authorizing owners of certain residential real property, in cities of the first class, to opt out of tree planting conducted by such cities on adjacent city property
Purpose
To allow residential real property owners the right to opt out of any planned tree planting adjacent to the owner's property line.
Summary of provisions
Section 1 of this bill amends the general city law by adding a new section 28-b to limit planned municipal tree planting on city property.
This new section would allow (1) any owner of residential real property that is in whole or in part owner occupied and used exclusively for residential purposes; (2) any cooperative corporation of a residential cooperative that is used exclusively for residential purposes; and (3) any board of managers of a condominium that is used exclusively for residential purposes to opt-out of a plan to plant a tree or trees pursuant to a systematic street tree planting program adopted by a city of the first class on property owned by such city that is between the sidewalk and the curb of the roadway, adjacent to the property line of such residential real property.
The section would also require the city to provide notice to the above mentioned and shall grant them 30 days within which to notify the city of their desire to opt-out of the planned tree planting.
Section 2 of this bill states that this act shall take effect on the one hundred twentieth day after it shall have become law.
Justification
City trees that are planted adjacent to residential properties can trigger a number of financial and legal responsibilities for which homeowners are potentially responsible. Overgrown tree roots can lift and damage side-walks or cause a pedestrian to trip or fall. Dense branches can fall and cause property damage or injury, while fallen leaves and branches can clog drainage and cause flooding. Each of these problems is a potential liability for which the homeowner, rather than the City, is ultimately responsible.
Instead of forcing these potential liabilities on unwitting homeowners, this bill aims to provide an opt-out choice for those who do not want to accept these responsibilities by granting them 30 days within which to notify the city of their desire to opt-out.
Legislative history
New bill.
Fiscal implications
To be determined.
Effective date
This act shall take effect on the one hundred twentieth day after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.