NY State Senate Bill 2017-S1497

Senate Bill S1497

2017-2018 Legislative Session

Authorizes certain owners of class one and class two properties to opt out of city tree planting

download bill text pdf

Archive: Last Bill Status - In Senate Committee Cities Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to cities
Jan 09, 2017	referred to cities

2017-S1497 (ACTIVE) - Details

Current Committee:: Senate Cities
Law Section:: New York City Administrative Code
Laws Affected:: Add §18-105.2, NYC Ad Cd
Versions Introduced in 2015-2016 Legislative Session:: S4705

2017-S1497 (ACTIVE) - Summary

Authorizes certain owners of class one and class two properties to opt out of city tree planting.

2017-S1497 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1497

 TITLE OF BILL :

An act to amend the administrative code of the city of New York, in
relation to authorizing owners of certain class one and class two
properties to opt out of tree planting

 PURPOSE OR GENERAL IDEA OF BILL :

The purpose of the bill is to provide New York City homeowners thirty
days' notice to opt-out of any planned tree planting adjacent to the
property owner's line.

 SUMMARY OF PROVISIONS :

Section 1 of the bill adds a new section 18-105.2, which provides that
any owner of a class one or class two property that is a residential
condo or co-op, that is in whole or in part owner-occupied and used
exclusively for residential purposes, may opt-out of a plan by the
City of New York Department of Parks and Recreation's (DPR)
Commissioner to plant a tree on city property that is immediately
adjacent to such property owner's property line. The Commissioner
shall notify the property owners of an impending tree planting, and
shall grant property owners thirty days within which to notify the
City of a desire to opt-out of the planting.

Section 2 provides that this act shall take effect immediately.

 JUSTIFICATION :

City trees that are planted adjacent to residential properties trigger
a number of financial and legal responsibilities for which homeowners
are potentially responsible. Overgrown tree roots can lift and damage
sidewalks 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.

 PRIOR LEGISLATIVE HISTORY :

2015-16: S.4705

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

None

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S1497 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1497
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2017
                                ___________
 
 Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Cities
 
 AN ACT to amend the administrative code of the  city  of  New  York,  in
   relation  to  authorizing  owners  of  certain class one and class two
   properties to opt out of tree planting

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The administrative code of the city of New York is amended
 by adding a new section 18-105.2 to read as follows:
   § 18-105.2 PLANNED TREE PLANTING UNDER PUBLIC OWNERSHIP;  OPT  OUT  BY
 OWNERS  OF  CERTAIN  CLASS  ONE AND CLASS TWO PROPERTIES. ANY OWNER OF A
 CLASS ONE PROPERTY OR A CLASS TWO PROPERTY THAT IS A RESIDENTIAL  CONDO-
 MINIUM  OR  RESIDENTIAL  COOPERATIVE,  AS  SUCH  CLASSES OF PROPERTY ARE
 DEFINED IN SUBDIVISION ONE OF SECTION EIGHTEEN HUNDRED TWO OF  THE  REAL
 PROPERTY  TAX  LAW,  THAT IS IN WHOLE OR IN PART OWNER OCCUPIED AND USED
 EXCLUSIVELY FOR RESIDENTIAL PURPOSES  MAY  OPT-OUT  OF  A  PLAN  BY  THE
 COMMISSIONER  TO PLANT A TREE ON CITY PROPERTY THAT IS IMMEDIATELY ADJA-
 CENT TO SUCH PROPERTY OWNER'S  PROPERTY  LINE.  THE  COMMISSIONER  SHALL
 NOTIFY  PROPERTY  OWNERS  OF  AN IMPENDING TREE PLANTING AND SHALL GRANT
 SUCH PROPERTY OWNERS THIRTY DAYS WITHIN WHICH TO NOTIFY THE CITY OF  THE
 DESIRE TO OPT-OUT OF THE PLANNED TREE PLANTING.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00994-01-7

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