HomeMy WebLinkAbout1990_11_28_Local_Law_No_6 5
IDCAL LAW # 6-1990
TREE PRESERVATION
Section 1. Purpose: The purpose of this local law is to amend Local Law
#10 of 1985 entitled "Tree Preservation" for the purpose of allowing
discretion to the Tree Ccnmission to allow the payment of a fee in lieu
of full replacement of all trees on a site where the planting of
replacement trees will not further the purposes and intent of the Tree
Preservation Law.
Section 2 -- Amendment: Local law 110 of 1985 "Tree preservation" is
hereby amended as follows:
§76A-3 shall be amended by adding a Sub-paragraph (C) which shall read as
follows:
The Town Board shall create a Tree Fund Account to be used as a
depository for funds collected. When the Tree Commission determines
that replacement trees are not required (as provided in §§76A -- 5(B))
the funds to be collected in lieu of planting trees shall be
deposited in the Tree Fund Account. Funs placed in the Tree Fund
Account may only be used for the planting of trees on Town-controlled
lands or at Tbwn facilities.
§76A-5B shall be amended to mead:
The applicant shall submit plans showing existing and proposed
contours at two-foot intervals on a map or plan at a scale no smaller
than one (1) inch equalling fifty (50) feet. Where trees are to be
renmvved or destroyed, existing trees, specifying types and sizes,
shall be shown and the reasons for removing or destroying said trees
shall be set forth. The plans shall provide for new trees to be
planted and shall specify their location and type to replace the
existing trees in ]cirri. When by vote of a majority of the members of
the Tree Commission, the Tree Omission determines that the planting
on available areas of a site will not further the purposes and intent
of this local law, the Tree Cbnmission may allow, in lieu of
planting, the payment of a fee of Two hundred--fifty Dollars ($250)
per tree which finds shall be placed in a Town Tree Fled. Under no
circumstances may the payment of a fee in lieu of tree replacement be
substituted for more than fifty percent (50%) of the required
replacement trees for any one site. The acceptance of the fee in
lieu of replacement trams may be allured at any time after the
approval of a Tree Removal Permit and before the return of the
performance bond, unless special conditions are imposed pursuant to
§76A--5-1. When the existing trees are so large and mature that they
cannot be replaced, the Tree Preservation Cannission may require the
planting of multiple trees instead.
§3 Severability: The validity of any Section, Clause, Sentences or
Provision of this local law shall not affect the validity of any part of
this local law which can be given effect without the invalid part or
parts.
§4. Effective Date: This local law shall become effective immediately.
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