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HomeMy WebLinkAbout2022_07_20 Town Board Meeting PacketTown of Mamaroneck Town Board Agenda Wednesday, July 20, 2022 Page 5:00 PM The Town Board Work Session The Work Session will convene in Conference Room C located on the ground floor of Town Center. 1. Discussion - Tree Law 2 - 16 Tree Law 2. Review of Bid TA-22-07A - Resurfacing of Various Roads 17 Review of Bid-TA-22-07A - Resurfacing of Various Roads - Documents to Follow Next Regularly Scheduled Meeting - August 17, 2022 Any physically handicapped person needing special assistance in order to attend the meeting should contact the Town Administrator's office at 381-7810. Page 1 of 17 Local Law No. — 2022 This local law shall be known as the "Town of Mamaroneck Tree Law" BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1— Purpose: The Town of Mamaroneck finds and declares that the preservation of trees within the Town is necessary to protect the health, safety and general welfare of the Town of Mamaroneck because trees provide shade, impede soil erosion, aid water absorption and retention, inhibit excess runoff and flooding, enhance air quality, offer a natural barrier to noise, provide a natural habitat for wildlife, provide screening, enhance property values and add to the aesthetic quality of the community. Trees also can reduce air-conditioning costs by providing shade and can reduce cooling and heating costs by serving as windbreaks, resulting in energy efficiency for the heating of buildings. Trees reduce levels of carbon dioxide and return oxygen to the atmosphere, and buffer views of development. By maintaining the existing character of the Town, they enhance property values and contribute to the significance of historic buildings, structures and places in the Town. Trees serve as an amenity that satisfies residents' psychological and aesthetic needs. Section 2 — Amendment of a current section of the Mamaroneck Code: Chapter 207 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: Chapter 207 Trees § 207-1 Legislative Intent § 207-2 Definitions. § 207-3. Regulated activities; permit required. § 207-4 Activities permitted by right § 207-5. Permit application process; approving authority § 207-6 Tree replacement § 207-7 Determination by approving authority; Criteria for Removal § 207-8 Tree Planting Fund § 207-9 Issuance of permit with conditions § 207-10 Issuance of Permits; Bond § 207-11 Suspension or revocation of permit § 207-12 Term § 207-13 Compliance with applicable provisions required § 207-14 Appeals 1IPage Page 2 of 17 § 207-15 Inspection § 207-16 Action upon completion of work § 207-17 Penalties for offenses § 207-1 Legislative Intent. The Town of Mamaroneck finds and declares that the preservation of trees within the Town is necessary to protect the health, safety and general welfare of the Town of Mamaroneck because trees provide shade, impede soil erosion, aid water absorption and retention, inhibit excess runoff and flooding, enhance air quality, offer a natural barrier to noise, provide a natural habitat for wildlife, provide screening, enhance property values and add to the aesthetic quality of the community. Trees also can reduce air-conditioning costs by providing shade and can reduce cooling and heating costs by serving as windbreaks, resulting in energy efficiency for the heating of buildings. Trees reduce levels of carbon dioxide and return oxygen to the atmosphere, and buffer views of development. By maintaining the existing character of the Town, they enhance property values and contribute to the significance of historic buildings, structures and places in the Town. Trees serve as an amenity that satisfies residents' psychological and aesthetic needs. § 207-2 Definitions. As used in this chapter, the following terms shall have the meanings indicated: APPEALS BOARD The Coastal Zone Management Commission shall serve as the board to which an applicant can appeal the Environmental Planner's denial of an application for a tree permit or the conditions imposed by the Environmental Planner upon tree permit. APPLICANT A person requesting a tree removal permit. APPLICATION A request to remove trees made pursuant to this chapter. APPROVING AUTHORITY For an application to remove 9 or fewer trees, the Town Environmental Planner shall be the approving authority. For an application that is part of either an application for site plan approval, residential site plan approval, subdivision approval, a special use permit and/or a permit issued pursuant to Chapter 114 of the Town Code that is pending on the effective date of this law or such an 2 1 P a g e Page 3 of 17 application that is filed after this law goes into effect, the Planning Board shall be the approving authority. For an application that requests a clearing but for which the Planning Board is not the approving authority, the Coastal Zone Management Commission shall be the approving authority. ARBORIST An individual who has demonstrated knowledge and competency as evidenced by a current International Society of Arboriculture arborist certification. CALIPER The caliper of a tree trunk shall be its diameter six inches above the ground. CLEARING Removal of 10 or more trees from any lot within any twelve-month period. COASTAL ZONE MANAGEMENT COMMISSION OR CZMC The Coastal Zone Management Commission (CZMC) of the Town of Mamaroneck/Village of Larchmont, New York. CRITICAL ROOT ZONE The circular area surrounding a tree that must be protected from compaction, fill or trenching to ensure the survival of the tree. That area is determined by multiplying the diameter of the tree at breast height (DBH) by 18 and is measured from the center of the tree's trunk measured from the outside of the tree trunk DEAD TREE A tree that is dead or has been e damaged so that it cannot be salvaged or in an advanced state of decline (where an insufficient amount of live tissue, green leaves, limbs or branches exist to sustain life). DIAMETER AT BREAST HEIGHT (DBH) The diameter of a tree 41/2 feet above -ground level on the uphill side, typically reported in inches. ENVIRONMENTAL PLANNER The Town's Environmental Planner or the person designated by the Town Board to act in that capacity as. 3 1 P a g e Page 4 of 17 EXCESSIVE PRUNING Removal of more than 25% of the crown of a tree within any twelve- month period. HAZARDOUS TREE A tree that possesses a structural defect or one whose location and/or position poses a foreseeable danger to persons or property, as determined by the Environmental Planner, Town Arborist, or a certified arborist. INJURY Damage to a tree foreseeably leading to the tree's death or permanent damage to the health of the tree, including a wound resulting from any activity, including but not limited to excessive pruning, cutting, trenching, excavating, altering the grade, paving or compaction, bruising, scarring, tearing or breaking roots, bark, trunk, branches or foliage or application of herbicide or poisoning. INVASIVE SPECIES Plants listed as prohibited or regulated by the New York State Part 575 list of Prohibited and Regulated Invasive Species contained in 6CRR-NY.V.C.575 or any regulation that replaces it. PERSON Any individual person, firm, partnership, association, corporation, company, organization or legal entity of any kind other than public agencies,municipal corporations and utility companies. PLANNING BOARD The Planning Board of the Town of Mamaroneck, New York. REGULATED ACTIVITY Any activity set forth in § 207-3 hereof. REGULATED LANDSCAPE BUFFER ZONE A natural and/or landscaped area consisting of vegetative screening measured from each property line of a property located in a residence district towards the interior of such property as follows: A. R-50, R-30 One -Family Residence District: 15 feet. B. 4 1 P a g e Page 5 of 17 C. R-20, R-15 One -Family Residence District: 10 feet. R-10, R-7.5, R-6, R2F Residence District: five feet. REGULATED TREE A tree subject to regulation in this chapter. REMOVAL Removal of a tree, including substantial cutting so that only the trunk, trunk fragments or stump remain. REPLACEMENT TREE A tree that is required to be planted as a condition of a tree removal permit. SPECIMEN TREE A tree with a DBH of 18 inches or larger. STREET TREE/ TOWN TREE Any tree growing within a public right-of-way or on Town -owned property. STRUCTURAL DEFECT Any naturally occurring or secondary condition such as cavities, poor branch attachment, cracks, or decayed wood in the trunk, crown, or roots of a tree that may contribute to structural failure. The Town of Mamaroneck, New York. TOWN ARBORIST Arborist employed or contracted by the Town. TOWN BOARD TREE The Town Board of the Town of Mamaroneck, New York. Any living woody plant with a DBH of four inches or more. TREE PLANTING FUND A fund to be administered by the Town Board providing for the payment of fees as mitigation for removal of trees where tree replacement requirements cannot be met on -site. 5 1 P a g e Page 6 of 17 TREE REMOVAL PERMIT A permit issued pursuant to this chapter. PLANTING PLAN/LANDSCAPE PLAN A plan that identifies areas where existing trees are to be preserved and where proposed replacement trees and other plants are to be located as well as areas of vegetation to remain after the proposed project is completed. WILDLIFE HABITAT A combination of food, water, shelter and space required to support indigenous animal species. § 207-3. Regulated activities; permit required. It shall be unlawful for a person to conduct, directly or indirectly, any of the following activities within the unincorporated area of the Town unless and until a tree removal permit shall have been issued: A. Clearing. B. Removal of a tree with a DBH of four inches or more lying within a regulated landscape buffer zone. C. Removal of a tree with a DBH of eight inches or more lying outside a regulated landscape buffer zone. D. Removal of a specimen tree. E. Removal of a Town tree within a public right-of-way or on Town -owned property. F. Causing injury to any tree, including an injury caused by work conducted within the critical root zone of any tree. § 207-4 Activities permitted by right. The following activities are permitted by right without the requirement of a permit: A. Removal of any tree not regulated by this chapter provided the tree is located on property owned by the person removing it or is being removed with the consent of the property owner. 6 1 P a g e Page 7 of 17 B. Removal of any dead tree, hazardous tree or other tree located on private property that creates an actual or ongoing emergency condition. The Environmental Planner may request a property survey to verify ownership of the tree and/or photographic documentation, which demonstrates that such tree is dead, hazardous or is creating an actual or ongoing emergency. C. Routine care and maintenance, including pruning of less than 25% of the crown during any twelve-month period. § 207-5. Permit application process; approving authority. A. Any person seeking to conduct or causing to be conducted any activity listed in § 207-3 shall file an application for a tree removal permit with the approving authority. 1. Applications to the Environmental Planner The application shall include the following information: a. The name, postal and email addresses and telephone number of the property owner and the applicant, if the applicant is not the property owner. b. The street address of the property where the removal is sought. c. A statement of authority from the owner for any agent making application for a permit. d. A general description of the proposed removal(s) including species, DBH of the tree(s) and the reason(s) for removal. e. A property survey showing the location of trees to be removed. f. If requested by the Environmental Planner, a written evaluation of the tree(s) by an arborist. g. If requested by the Environmental Planner, a planting plan based on the tree replacement requirements in § 207-6. A planting plan shall include the location of all proposed replacement trees and plantings, a list of all proposed replacement trees and other plantings that identifies the species (by common and botanical name), size and quantity. The approving authority may waive this requirement if it is determined that, because of site constraints, it is impracticable or impossible to replace certain trees, or where the approving authority determines that, because of relevant site planning considerations, tree replacement is not warranted. The approving authority may consider payment of a fee to the Tree Planting Fund to satisfy the unmet portion of tree replacement requirements. h. The fee required by Chapter A250. If work is commenced prior to the permit being issued, all fees for the project will be doubled. 7 1 P a g e Page 8 of 17 i. The name, postal and email addresses and the telephone number of the applicant's contractor. Any other information that the approving authority deems necessary in order to evaluate the application. An application for a tree removal permit submitted to the Environmental Planner shall be approved, approved with conditions, denied, or returned to the applicant with a request for further information within 21 business days of the receipt of a complete application. If the Environmental Planner requests additional information, the application shall not be considered complete until the Environmental Planner receives such additional information. An application shall not be considered complete until the applicant obtains all other permits that the applicant must obtain in order to perform the project that requires the removal of trees. If the permit is denied, the applicant will be notified in writing by the Environmental Planner of the reason(s) for the denial. 2. Applications to CZMC The application shall include: a. The items listed in § 207-5 A (1) (a through e). b. A written assessment by an arborist of the trees to be removed. 8 1 P a g e c. A planting plan based on the tree replacement requirements in § 207-6. A planting plan shall include the location of all proposed replacement trees and plantings, a list of all proposed replacement trees and other plantings that identifies the species (by common and botanical name), size and quantity. The approving authority may waive this requirement if it is determined that, because of site constraints, it is impractical or impossible to replace certain trees, or where the approving authority determines that, because of relevant site planning considerations, tree replacement is not warranted. The approving authority shall require payment of a fee to the Tree Planting Fund to satisfy the unmet portion of tree replacement requirements. d. A notice of this application shall be mailed by the applicant, on a form provided by the Town to all property owners of record within 100 feet of the boundaries of the property on which the proposed regulated activity will be conducted. A list of the names to whom notice of the application was sent and proof of such mailing shall be submitted as part of the application for the tree removal permit. The approving authority shall make its determination based upon its inspection of the Page 9 of 17 property and the description of the proposed removal contained on the application. e. The fee required by Chapter A250. f. Any other information that the approving authority deems necessary in order to evaluate the application 3. Applications to Planning Board The application shall include the items required for an application to the Coastal Zone Management; however, the applicant will not need to reproduce separately the items that it shall have filed in connection with an application for site plan approval, residential site plan approval, subdivision approval, a special use permitand/or a permit issued pursuant to Chapter 114 of the Town Code. B. All items submitted in connection with an application for a tree removal permit, including the application itself, shall be maintained in the office of the Town's Building Department. § 207-6 Tree replacement. A. Tree replacement shall occur on -site, except where the approving authority determines that, because of site constraints, it is impractical or impossible to do so, or where the approving authority determines that, because of relevant site planning considerations, it is not warranted. In such case, the approving authority shall require the payment of a fee to the Tree Planting Fund to satisfy the unmet portion of tree replacement set forth in Chapter A250. C. The number of replacement trees shall be determined as follows: One replacement tree for each tree removed having a DBH between 4 inches and eleven inches. Two replacement trees for each tree removed having a DBH greater than eleven inches but not greater than eighteen inches. Three replacement trees for each tree removed having a DBH of more than eighteen inches. D. Replacement trees must have a caliper of at least 3 inches and must be a species selected from the list of approved species contained on Appendix A. 9 1 P a g e Page 10 of 17 E. When 10 or more replacement trees are required, no single tree genus can account for more than one-third of total number of replacement trees. Exceptions to this requirement may be authorized by the approving authority, when specific conditions warrant such a change. F. Replacement trees shall be ecologically compatible with the site and neighboring properties. Replacement trees shall be of the same or similar species as those removed when practical. Invasive species shall not be allowed under any circumstances. Standards for transplanting of trees and shrubs shall follow the guidelines found in the International Society of Arboriculture publication "Tree and Shrub Planting Manual." § 207-7 Determination by approving authority; Criteria for Removal TO BE COMPLETED B. Notwithstanding§ 207-7 A, if the Environmental Planner determines that a tree is hazardous to life or property, a permit may be issued for the immediate removal of such tree without having to follow the procedures or requirements set forth in this chapter. C. In making its determination to issue, deny or issue with conditions a tree removal permit, the approving authority shall consider the following factors: M Whether the proposed removal is consistent with the purpose and findings of this chapter as set forth in § 207-1. The possible or practical alternatives to removal. Whether removal will have significant negative effects upon: Erosion potential and drainage patterns on the property. Growth of existing adjacent vegetation. Wildlife habitat. 101 Page Page 11 of 17 Whether the tree(s) to be removed are of species listed on the New York State list of protected native plants contained in 6 NYCRR 193.3 or any regulation that replaces it. (5 Whether the tree(s) are located near existing or proposed improvements. D. If the approving authority requires payment of a fee to the Tree Planting Fund to satisfy the unmet portion of the tree replacement requirements, the applicant shall pay a fee in such amount as set forth in Chapter A250. § 207-8 Tree Planting Fund. A. The Tree Planting Fund shall be a fund to receive payments from applicants who cannot satisfy tree replacement requirements on -site because the approving authority determines that it is impractical or impossible to do so. In addition, any person may donate to the Tree Planting Fund. C. Use of funds. Payments and contributions to the Tree Planting Fund shall be used for the sole purpose of planting and maintaining trees, including fertilizing and trimming, and other applicable landscaping projects on Town -owned property. Funds should, if feasible, first be applied to projects within the closest proximity to where tree removal has occurred. (2) Proposed landscaping may include trees, shrubs, and other permanent plant materials. Planting and maintenance shall include purchase, transportation, mulching, watering, fencing and labor associated with replacement plantings, and other applicable landscaping. The Tree Planting Fund may be used to fund other associated project tasks including the installation of irrigation systems to support plantings, design, tree inventory, construction of tree pits, and soil amendments that enhance and promote long-term sustainability of plantings. § 207-9 Issuance of permit with conditions. Any permit issued pursuant to this chapter may contain such conditions as the approving authority deems necessary to ensure compliance with the legislative intent of this chapter. 111 Page Page 12 of 17 § 207-10 Issuance of Permit; Bond. A. No tree removal permit shall be issued until the applicant pays the fees required by Chapter A250, pays to the Tree Planting Fund the amount required to be paid to satisfy the unmet portion of the tree replacement requirements, posts the bond required by § 207-10 and provides proof that the person performing the tree removal has (1) liability insurance from an "A" rated insurance company that names the Town as an additional insured and provides coverage for personal injury, death or property damage of at least $1,000,000 per incident and at least $2,000,000 per occurrence, (2) workers' compensation insurance and (3) disability insurance. B. The applicant shall provide the Town with a bond, cash escrow account or an irrevocable letter of credit from an approved financial institution or surety which ensures the survival of replacement trees for one year. This bond shall be refunded one year after the Environmental Planner approves a final inspection. C. If the applicant does not plant all of the replacement trees that the applicant is required to plant or if any of the replacement trees do not survive for one year after the Environmental Planner approves a final inspection, the bond shall be forfeited and the amount thereof shall be transferred to the Tree Planting Fund. § 207-11 Suspension or revocation of permit. A. (1) An Assistant Building Inspector, the Building Inspector, the Engineer, any Code Enforcement Officer, the Director of Building Code Enforcement and Land Use Administration, or the Environmental Planner may issue a stop -work order for violations of this chapter. Persons receiving a stop -work order shall be required to halt all land development activities, except those activities that correct the violations that led to the stop -work order. The stop -work order shall be in effect until the Town confirms that the violation has been satisfactorily corrected. Failure to address a stop -work order in a timely manner may result in civil or monetary penalties in accordance with the enforcement measures authorized in this chapter. (2) The Building Inspector, the Engineer, the Director of Building Code Enforcement and Land Use Administration, or the Environmental Planner may suspend or revoke a tree removal permit if the applicant has not complied with any or all of the terms of such tree removal permit, has exceeded the authority granted in the permit, or has failed to undertake the project in the manner set forth in the application. Such suspension or revocation shall be accompanied by a stop -work order. 121 Page Page 13 of 17 B. A stop -work order and/or suspension or revocation of a tree removal permit shall be delivered personally to the applicant or the owner of the property for which such permit was issued or sent by certified mail, addressed to the applicant at the address shown on the tree removal permit and sent by certified mail to the owner of the of the property for which such permit was issued. Immediately upon the receipt of a stop -work order if personally delivered or on the third day following the mailing of such order, the applicant and anyone acting on applicant's behalf shall cease all work being undertaken pursuant to the tree removal permit. C. § 207-12 Term. The tree removal permit shall be valid for two years from the date of its issuance unless a different term is otherwise specified by the approving authority. Tree removal permits may be renewed by the approving authority upon application submitted at least 21 business days before the expiration of the original tree removal permit. Standards for issuance of renewals shall be the same as the standards for issuing tree removal permits. § 207-13 Compliance with applicable provisions required. No tree removal permit granted pursuant to this chapter shall remove an applicant's obligation to comply in all respects with the applicable provisions of any other federal, state or local law or regulation, including but not limited to the securing of any other required tree removal permit or approval. § 207-14 Appeals. A. If an application is denied or issued with conditions by the Environmental Planner, the applicant may appeal such determination to the CZMC. The appeal must be made within 10 business days after the Environmental Planner shall have mailed the determination to the applicant. The appeal must be, in writing and must set forth the errors that the applicant asserts were made by the Environmental Planner. The Coastal Zone Management Commission shall review the appeal at its next available scheduled meeting and shall, based upon the standards contained herein and the facts of the 131Page Page 14 of 17 matter, either deny the appeal, grant the appeal and direct the Environmental Planner to issue a tree removal permit or strike one or more of the conditions attached to the permit. The applicant shall comply with the notifications requirements of Chapter 144 of the Town Code except that for the purpose of this appeal the mailing area shall be one hundred linear feet from each of the lot lines and corners of the subject property. The tree removal permit shall be stayed pending determination of the appeal. B. An applicant may bring a proceeding to review a determination by the Coastal Zone Management Commission or Planning Board in the manner provided by Article 78 of the Civil Practice Law and Rules. Such proceeding must be commenced within 30 days after the filing the determination in the office of the Town Clerk. § 207-15 Inspection. Any site for which an application has been submitted shall be subject to inspection upon notice to the property owner and applicant at any reasonable time, including weekends, by the approving authority or its designated representatives. The applicant, by making application for such tree removal permit, shall be deemed to have given its consent to such inspection. § 207-16 Action upon completion of work. A. Within 30 days after completion of all tree removals and the planting of all tree replacements, the applicant shall notify the Environmental Planner of such completion. B. Within 30 days of such notification, the Environmental Planner shall conduct a final inspection to determine whether there has been compliance with all the terms of the permit. M When all removal(s) are deemed to be completed in an acceptable fashion according to conditions of the tree removal permit, and all replacements have been planted or funds given to the tree fund, the Environmental Planner shall schedule a bond release inspection for the following year. If all of the replacement trees have survived the year, the bond will be refunded, and a letter of completion issued. If the Environmental Planner determines that there has not been compliance with all the terms of the permit, the Environmental Planner shall so notify the applicant. The notification shall 141Page Page 15 of 17 include a list of all conditions in violation of the terms of the tree removal permit and shall specify a time limit for the correction of all items so listed. § 207-17 Penalties for offenses. A. Any person who violates any provision of this chapter shall be guilty of an offense, punishable by a fine of $400 per tree for the removal of trees having a DBH between four inches and eleven inches, $800 per tree for the removal of trees having a DBH between greater than eleven inches but not greater than seventeen inches and $1,200 per tree for the removal of trees having a DBH larger than seventeen inches. Each violation of the provision of this chapter shall be a separate and distinct offense. In addition, any offender may be ordered by the court to replant trees that were improperly removed, insofar as that is possible. The court shall specify a reasonable time for completion of such restoration, the sufficiency of which shall be determined by the Environmental Planner. The fines remitted to the Town shall be deposited into the dedicated Tree Planting Fund. B. In addition to the penalties outlined in § 207-17A above, the Building Inspector shall not issue a building permit, temporary certificate of occupancy or certificate of occupancy for any property for which a violation of this chapter exists. Section 3 — 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 4 — Effective Date: This Local Law shall become effective upon filing with the Secretary of State. April 1, 2022 151 Page Page 16 of 17 REVIEW OF BID TA-22- 07A - RESU RFACI NG OF VARIOUS ROADS - DOCUMENTS TO FOLLOW Page 17 of 17