Senate Bill S7375

                                 BILL NUMBER:  S7375

 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.