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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. l