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Local Law No. 4 - 2017
This local law shall be known as the “Assignment of Certain Duties to the Environmental Planner
and Amendment of Appellate Procedure” Law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1 – Purpose:
The Town Board finds that the procedure under Chapter 207 of the Town Code regarding tree
removal should be revised to make the procedure more efficient and to assign tasks to Town
personnel who are better suited to administer that procedure. The functions currently assigned to
the Tree Preservation Commission can be performed by the Environmental Planner, thereby
streamlining the process for applying for tree removal. Appeals from decision and determinations
regarding tree removal can and should be handled by the Board of Appeals, which is the board
within the Town that has been established to handle appeals of administrative decisions.
Section 2 – Amendment of a current section of the Mamaroneck Code:
Section 207-1 of the Code of the Town of Mamaroneck hereby is amended by designating the
current paragraph as paragraph “A” and adding the following paragraph B.:
B. “Environmental Planner” means the person serving in that capacity. If the position of
Environmental Planner is vacant, or if the Environmental Planner is unable to perform the
tasks of that position, the Town Board may appoint another Town employee or a
consultant to perform the tasks required to be performed under this chapter.
Section 3 – Amendment of current sections of the Mamaroneck Code:
A. Sections 207-2 A., 207-2 B., 207-3, 207-4 A. (2) and (4), 207-4 B., 207-C., 207-6 A., 207-6 B.,
207-6 C., 207-6 D., 207-E., 207-6 F., 207-6 G., 207-6 J., 207-7 A., 207-7 C., 207-7 D., 207-8
of the Code of the Town of Mamaroneck are amended to substitute the words
“Environmental Planner” for the words “Tree Preservation Commission” each time that
the words “Tree Preservation Commission” appear in those sections.
B. Sections 207-4 A. (5), 207-6 B., and 207-7 B. of the Code of the Town of Mamaroneck are
amended to substitute the words “Environmental Planner” for the words “Tree
Commission” each time that the words “Tree Commission” appear in those sections.
C. Section 207-6 D. of the Code of the Town of Mamaroneck is amended to substitute the
words “Environmental Planner” for the word “Commission” where it appears in that
section unmodified by the words “Tree Preservation”.
D. The title of Section 207-3 of the Code of the Town of Mamaroneck is amended by
substituting the words Environmental Planner” for the words “Tree Preservation
Commission” in that title.
E. The title of Section 207-5 of the Code of the Town of Mamaroneck is amended by deleting
the word “Commission” and capitalizing the word “Qualifications”.
Section 4 – Amendment of a current section of the Mamaroneck Code:
Section 207-5 of the Code of the Town of Mamaroneck is repealed and the following is substituted
in its place:
Starting in 2018, at least once every five years, the Environmental Planner shall take a
course, at the Town’s expense, from an organization whose educational purposes include
dendrology (the science of trees). Such course must include an introduction in
determining the health of trees. Anyone hired to replace the then current Environmental
Planner shall take such a course by no later than December 31 of the year following the
year of that person’s appointment and thereafter shall take such course at least once
every five years.
Section 5 – Amendment of a current section of the Mamaroneck Code:
Section 207-6 H. of the Code of the Town of Mamaroneck is repealed and the following is
substituted in its place:
H. Any person, firm, organization or corporation entitled to receive notice of a decision or
determination made by the Environmental Planner has the right to appeal that decision or
determination to the Board of Appeals, which may affirm, annul or modify that decision or
determination. Notice of that appeal must be in writing, must be accompanied by the
appellant’s reasons for annulling or modifying the Environmental Planner’s decision or
determination and must be received by the Environmental Planner no later than the
fourteenth day after the notice of a decision or determination was mailed to the appellant.
The Environmental Planner’s decision and determination shall be stayed until the Board of
Appeals decides the appeal or the appeal is dismissed or withdrawn. The decision of the
Board of Appeals on that appeal shall be filed with the Environmental Planner.
Section 6 – Amendment of a current section of the Mamaroneck Code:
Section 207-6 I. of the Code of the Town of Mamaroneck is repealed and the following is
substituted in its place:
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Any person aggrieved by a decision of the Board of Appeals, may apply to the Supreme Court of
the State of New York for review of that decision by a proceeding brought under article 78 of the
civil practice law and rules. Such proceeding must be instituted within thirty days after the
decision of the Board of Appeals is filed with the Environmental Planner.
Section 7 – Severability:
Should any provision of this Local Law be declared invalid or unconstitutional by any court of
competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any
other provisions of this Local Law, which may be implemented without the invalid or
unconstitutional provisions.
Section 8 – Effective Date:
This Local Law shall become effective upon filing with the Secretary of State.
January 6, 2017
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