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HomeMy WebLinkAbout2005_5_18_Local_Law_No_8 Local Law No. 8 - 2005 This local law shall be known as the "Elimination of the Citizen Member positions of the Tree Preservation Commission and the Addition of Educational Requirements" Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1 - Purpose: Currently the Tree Preservation Commission consists of five members, three who are employees of the Town and two volunteers, known as Citizen Members. History has shown that it is not necessary to have Citizen Members in order for the Tree Preservation Commission to function properly. This local law eliminates the positions of Citizen Members of the Tree Preservation Commission. This local law also adds an educational requirement for the members of the Tree Preservation Commission. Section 2 - Amendment of a current section of the Mamaroneck Code: Section 5-14 of the Code of the Town of Mamaroneck hereby is repealed and the following substituted in its place: § 5-14. Tree Preservation Commission. The Tree Preservation Commission, previously established by the Town Board, shall continue to exist. It shall consist of three members who shall be the Environmental Coordinator, the Director of Building Code Enforcement and Land Use Administration and the Superintendent of Highways (or the Superintendent's designee). Annually, the Town Board shall designate which of the members shall serve as the Chairperson for that year. Section 3 - Amendment to correct sections of the Mamaroneck Code: Sections 207-4 and 207-5 of the Code of the Town of Mamaroneck hereby are repealed in their entirety and the following substituted in their place: "§ 207-4. Criteria for removal of trees. A. Permits for the removal of trees may be granted under the following circumstances: (1) If the presence of trees would cause hardship or endanger the public or the person or property of the owner. (2) On property to be occupied by buildings or structures, within a distance of ten (10) feet around the perimeter of such building or structure, depending upon tree species and conditions to be determined by the Tree Preservation Commission. (3) If the trees substantially interfere with a permitted use of the property, and the removal of the trees shall be performed in a selective manner. (4) If the property shall have an approved cut or fill of land deemed by the Tree Preservation Commission to be injurious or dangerous to the trees. (5) Where the trees to be removed are dead or so substantially diseased that, in the opinion of the Tree Commission, the tree constitutes a potential danger. B. Notwithstanding paragraph A. of this section, if the Tree Preservation Commission determines that a tree is hazardous to life or property, it may grant a permit for the immediate removal of such tree, without having to follow the procedures or requirements set forth in paragraphs A., B., C., F. and G. of section 207-6 of the Code or section 207-10 of the Code. C. The determination of the Tree Preservation Commission shall be final and shall depend upon the species of the tree, the degree of injury and the likelihood of the survival of the tree and consideration of the general welfare and the overall environment of the area, except that it shall be subject to such review as is authorized by § 207-61-1. § 207-5. Procedure. Each member of the Tree Preservation Commission is encouraged to take a course, at the Town's expense, from an organization whose educational purposes includes dendrology (the study of trees). Such source shall include introduction in determining the health of trees. No permit to remove a tree may be granted unless one of the members of the Tree Preservation Commission voting on an application for a permit has taken such a course within the five (5) years immediately preceding the date of the vote on that application. This section shall apply only to applications for permits that are submitted after June 30, 2006." Section 4 - 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 5 - Effective Date: This Local Law shall become effective upon filing with the Secretary of State.