HomeMy WebLinkAbout2007_9_5_Local_Law_No_9 Local Law No. 9 - 2007
This local law shall be known as the "Date for Issuing Certain Permits for the Removal of
Trees" Law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck as follows:
Section 1 —Purpose.
Chapter 207 of the Code of the Town of Mamaroneck provides for the issuance of
permits to remove trees from certain properties if the applicant for such a permit satisfies
the criteria of that chapter. One criterion is that the trees sought to be removed lie either
within the footprint of the area proposed for construction or within ten (10) feet of the
perimeter of the proposed construction. Unfortunately, there have been situations where
tree removal permits have been issued, trees have been cut down but the construction ---
for whatever reason --- has not taken place. While the removal of trees that interfere with
new construction is legitimate, the Town Board does not want trees --- one of the Town's
most important natural resources--- removed if the predicate for the removal, i. e., new
construction, does not occur. This amendment seeks to minimize the number of times
when tree removal may occur but the ensuing construction may not by postponing the
issuance of tree removal permits until the applicant obtains a building permit for the
proposed construction.
Section 2 - Amendment to an Existing Section of the Code of the Town of Mamaroneck
Section 207-6 of the Code of the Town of Mamaroneck hereby is amended by
adding a new paragraph K. thereto which reads as follows:
"§ 207-6. Tree removal permit procedure; bond.
K. If an applicant is required to obtain a building permit for construction on the
applicant's property and if the proposed construction calls for trees on the applicant's
property to be cut down and if the applicant satisfies the criteria for a permit to remove
certain trees so that the proposed construction can proceed, the permit to remove those
trees shall not be issued until a building permit for the applicant's proposed construction
is issued."
Section 3 —Severability
Should any court of competent jurisdiction declare any provision of this Local Law
invalid or unconstitutional, 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 on the date that it is filed in the office of the
Secretary of State
LL No. -2007(Tree Law Amendment)Approved 09-05-07