HomeMy WebLinkAbout1985_6_17_Local_Law_No_10 Local Law M-1985
This local. law Shall lac: entitled TREE PRE�SERVATION.
SGc_tion 1, Leq�Lslative i.ntenl_.
The destruction or daRtage to shade, ornamental, and
evergreen trees and plants and the indiscriminate and excessive
cutting of these trees in subdivisions and on private property
cause Marren and unsightly conditions, create increased surface
drainage problems, increase municipal costs to control, drain-
age, impair the stability and value of improved and unimproved
real property, and cause deterioration to the community which
adversely affect the health, safety, environment, ecosystems,
and general welfare of the inhabitants of the Town of Mamaro-
neck. This law seeks to correct these conditions.
Section 2. Cutting, killing, or destroying trees prohibited:
exceptions:
A. No person, firm or corporation or individual con-
nected with such firm or corporation shall either purposely
or negligently cut down, kill, or otherwise destroy or com-
mit any act which will lead to the eventual destruction of
any tree exceeding six (6) inches in diameter at a height of
four (4) feet measured from the ground on any private prop-
erty, unless he is in the possession of a permit to do so
issued by the Tree Preservation Commission pursuant to Sec-
tion 4. Permits issued for any other purpose by the Town
shall not be valid for this purpose. A lot of one--half ('�)
acre or less substantially developed with improvements and
a structure or structures situated thereon shall be exempt
from this section.
D. Notwithstanding any other provision of this law,
any property owner applying for subdivision or site plan ap-
proval whose plans would require the removal. of any trees o".
said property shall make application to the Planning Board
Of the !'own of M mjronock, which shall have sole juri.sc,icti.on
regarding the propast!d removal of such trees. The Planning
Board may grant oi: deny such application on such terms and
E conditions as it may prescribe, it being understood that there
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must, in any event, be full compliance with the subdivision
regulations and site plan approval lase of the Town of Mamaro-
neck. In the event a property owner, subsequent to the fil-
ing of a final plat or site plan, .shall require the removal
of any trees which deviates from the plans approved by the
Planning Board, application must be made to the Tree Preser-
vation Commission, and all the requirements of this law shall
be applicable.
Section 3. Tree Preservation Commission
A. The Town Board shall, create a Tree Preservation
Commission which shall consist of the Highway Superintendent,
Chairperson of the Conservation Advisory Commission, and the
Building Inspector.
B. All determinations and decisions made by the Tree
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{ Preservation Commission shall be by a majority vote. The
Commission is hereby authorized and empowered to obtain the
assistance, when necessary, of persons especially qualified
by reason of training or experience in tree planting, preser-
vation, and landscaping.
-Section 4. Granting of permits
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 peri-
meter of such building or structure, depending upon tree spiacies
and conditions to be determined by the 'free Preservation Com-
mission.
(3) If the trees substantially interfere with a
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i>er�iiiLL-t2d usn of Lhe prnporl--y and Hlr� removal of the. trees
shall be performed in a selectiv:3 mannc�r. .
(4) if the pr"op(ij-Ly shall havc� an approved cut:
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or fill of land deemed by the Tree Preservation Commission
to be injurious or dangerous to the trees.
B. The determination of the Tree Preservation Com-
mission shall be final and shall depend upon the species of
the tree, the degree of injury and the likelihood of the bur-
vival. 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 Section 5.H.
C. in the event that the Tree Preservation Commis-
sioh determines that a tree or trees are hazardous to life or
property or substantially interfere with a permitted use of _
the property, the Tree Preservation Commission shall have
the right to grant immediate approval for the removal of
said tree or trees, waiving all notices as required under
{ this law. in the event that such approval is granted, the
Tree Preservation Commission, subsequent to the cutting of
said tree or trees, shall have the authority to require com-
plete compliance with all other provisions of this law as ap-
plicable thereto.
Section 5. Procedural requirements for permit
A All applications for permits hereunder shall be
made in writing and verified under oath upon forms prescribed
by the Tree Preservation Commission and approved by the Town
Board of the Town of Mamaroneck. The fee for each application
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shall be set by resolution of the Town Board, payable upon sub-
mission of the application.
B. The applicant shall submit plans showing existing
and proposed contours at two--fooL intervals on a map or plan
at a scale no smaller than one (3 ) inch equaling fifty (50)
feet. Where trees are to be removed Or destroyed, existing
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troes, specifying Lypes nod sizes, shall be shown and the rea-
sons for Yemoving or destroying said krues shall be set forth.
TIM plans shall provide for new trees to be planted and shall
specify their location and type to rePlace the existing trees
in kind. When the existing trees are so large and mature
that they cannot be replaced, the Tree Preservation Commission '
may require planting of multiple trees instead.
C. The Tree Preservation Commission may require addi-
tional information such as the design of walls, disposition
and design of storm drainage, and any other information perti-
nent to the individual circumstances.
D. Where extensive tree cutting is planned, the Tree
Preservation Commission may require the applicant to pay for
an Inspector to be assigned by the Commission to supervise the
orderly development of the land and ensure the Irotection of
the trees.
E. The Tree Preservation commission shall require
that the applicant on applicant's representative who shall be
performing the work shall furnish the Town with a performance
bond as approved by the Town's Attorney in an amount suffi-
cient to cover ninety percent (900) of the planting and res-
toration work to be completed in accordance with the plans
accompanying the application) The remaining ten percent (10%)
of the cost of restoration and replanting shall be in cash,
deposited in a special tree preservation escrow account. The
total amount of the bond and cash deposit shall reflect all
restoration and protection costs and shall be in accordance
with each set of individual circumstances. Upon completion
of all planting and restoration work to the satisfaction of
the Tree Preservation Commission, the performance bond shall
be cancelled and replaced with a maintenance bond to be appi'ovi d
by the Town's Attorney and to run for a term of two (2) years.
The ten percent (100) cash in escrow shall remain on deposit
t:ith the 'Down until they maintenance bond is cancelled.
1'. The Tree Preservation Commission, within twenty
(20) days from the date the Application is submitted in final
form, shall approve or disapprove the application for permit.
No trees shall be cut pursuant to a validly issued permit for
a period of ten (10) days from the date of the issuance of
said permit. The failure to act upon the application for per-
mit within the said twenty (20) days shall be deemed a grant-
ing of automatic approval by the 'free Preservation Commission
of the application for permit.
G. All decisions or determinations made by the Tree
Preservation Commission approving applications pursuant to
this law shall be sent to property owners within a two-hundred-
fifty foot radius of the area in question and to the Planning
Board.
H. Any person, firm, organization, or corporation
( aggrieved, affected, or interested in the determination or de-
cision of the Tree Preservation Commission shall have the
right, within ten (10) days from receipt of the decision of
the Tree Preservation Commission, to appeal to the Town Board
who shall review the decision. Any decision or determination
of the Tree Preservation Commission which is appealed to the
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-Town Board shall be stayed pending review by the Town Board.
1. Any decision or determination of the Commission
sustained, revoked, or modified by the Town Board may be ap-
pealed by any person, firm, organization, or corporation
aggrieved, affected, or interested in the determination or
decision of the Town Board by application to the Supreme
Court of the State of New York within thirty (30) days of
firing of such decision with the Town Clerk.
J. The Tree Preservation Commission may revolve any
permit if the work is not proceeding according to permit.
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Suction 6 . Requiuod acts.
A. All persons who or causa to Lie removed
trees with or withouL a permit, as ro(juired, shall rc>tore
the area by backfilli.ng all holes and by creating an accept-
able grade and covering, subject to approval by the 'free
Preservation Commission. Any tree damaged during construc-
tion or development of the property shall be either replaced
in kind or, where existing trees are so large and mature they
cannot be replaced, the Tree Preservation Commission may re-
quire the planting of multiple trees instead. Minor tree
damage shall be repaired in accordance with accepted tree -
surgery practice.
A. Tree stumps shall be removed, not cut flush. After
the planting of trees, removal of all debris in the disturber)
area shall be made immediately. The property where such plant-
ing is done- must be left in a neat and orderly condition with
good and acceptable planting and tree surgery practice.
[ C. All trees which fail to survive for a period of
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two (2) calendar years following planting shall be replaced
by the permit bolder at no expense to the Town or the owner
of the land, if other than the holder of the permit. Said
replacement shall be within sixty (60) days following writ-
ten demand for such replacement from the Tree Preservation
Commission or within an extended period of time as may be
specified. Should the permit holder fail to replace, the trees
pursuant to demand within the required period of time, the
Tree Preservation Commission shall have the right to declare
the maintenance bond in default and apply the escrow cash de-
posit and the procebds of the bond to replace the required
trees.
D. All tree planting, tree dressing, and associated
restoration work must be substantially completed within six
(6) months from the date of issuance of the permit, except
that the permit may be extended by the Tree Preservation Com-
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mission which shall have so:!_a di-,;crei:ion to c3k 2nd such an
eXten:;ion. (killer all the porformanCi bond ob-
tained by the permit ho;€.tier. sh 111 continue in full force and
effect until there has boon full compliance and approval of
all restoration work by the Tree Preservation Commission. in
the event the planting and restoration work has not been sub-
stantially completed within six (G) months and no permit ex-
tension has been applied for or granted, the Tree Preserva-
tion Commission shall have the right to consider the site
abandoned and declare the performance bond in default, and
may apply the Escrow deposit and the proceeds of the bond -to
perform all required planting and restoration work. By ac-
cepting a permit, the holder thereby agrees to this procedure
and grants unconditional access to the land for such restora-
tion purposes.
Section 7. Certificate of Occupancy
No Certificate of occupancy shall be issued by
the Building Inspector until all tree planting, tree dressing,
and associated restoration work shall be completed to the
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satisfaction of the Tree Preservation Commission, except that
where a Certificate of Occupancy is applied for between Octo-
ber 31 and April 1, the permit holder shall submit an agree-
ment, in writing, to the Town signed by the permit holder to
ensure compliance with all planting and restoration work to
the satisfaction of the Tree Preservation Commission on or be-
fore the first day of May next following the making of the
agreement. The escrow cash deposit and the bond obtained by
the permit holder shall continue in full force and effect un-
til the planting and restoration work has been completed.
Should the permit holder fail to complete the restoration work
on or before May 1 next following 'the execution of the agree-
ment, the Tree Preservation Commission shall have the right;
to declare the said performance bond in default and apply
the escrow cash deposit and 'the proceeds of the bond to re-
l store the land.
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Section 8 . pcn;l.ties fog-ofLcatst;a<,
A. Any person, fi.rW, 077 corporation violat 1-1g any of
the provisions of tlti.s 1a5y shill )DO guilty of a m.isdemcanor,
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the fine for which shall. not exce-cd one Lhousand dollars
($1,000.00) .
B. Civil penalty. In addition thereto, any person,
firm, or corporation violating any provision of this ordi-
nance shall be subject to a civil penalty enforceable and col-
lectible by the Town in the amount of one hundred dollars
($100. ) each and every day that the violation continues, for
each and every tree. In addition thereto, the violator will
be required to replace each and every tree so taken down in
accordance with Section 6.
Section 9. Enforcement
The Building Inspector of the Town of Mamaroneck
shall enforce this law.
Section 10. Prohibited acts and conduct on Town-awned ro ert ,.
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A. No department, agency, commission, or author-
ity in the Town of Mamaroneck, employee of the Town of Mama-
roneck, or any firm or individual retained by the Town shall
propose to or shall cut Clown, kill, or otherwise destroy more
than five (5) trees, each exceeding six (6) inches in diameter
at a height of four (4) ' feet measured from the ground, within
an area of two-thousand five'-hundred (2,500) square feet or
any single tree exceeding eighteen (18) inches in diameter
at a height of four (4) feet measured from the ground on Tol9n
property, with the exception of Town highways within the Town
of Mamaroneck, without first filing a statement with tile' 'Town
Board.
(1) The statement required hereunder shall,
be made in writing to the Town Board on a form approved by
the Town Board. Such statement shall specify the particular
type of work to be performed, the exact location, a general
description of the tree or trees that shall be removed, a
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sketch plan if appropriate and required, together With the
reasons for the removal of said tr(,cc or tree:;.
(2) [3p01i filing said staterncnt with the Town
23oard, notification shall lac sent to Owners of record of land
within a radius of two hundred fifty (250) feet from the tree
or trees that are to be removed. In addition thereto, notice
of the proposed removal of said tree or trees shall be pub-
lished in the official newspaper of the Town of Mamaroneck.
(3) The Town Board shall be stayed from
making any decision or determination for a period of ten (10)
days from the date of publication. In the event any person,
.firm, organization, or corporation aggrieved, affected, or
interested in the removal of the said tree or trees shall file
an objection with the Town Board in writing five (5) days prior
to the Town Board meeting, said Town Board shall not make any
decision or determination until its next regular or special
Town Board meeting following the filing of said objection.
B. All contracts entered into by the Town with firms
{ or individuals for work to be performed on Town-owned land,
excluding Town highways, shall contain a provision that there
shall be complete compliance with Section 1O.A. of this local
law.
Section 11. Repealer.
All ordinances and local laths or parts of ordi-
nances and local ]acts in conflict herewith are hereby repealed.
Section 12. Severabi.l- ity.
The invalidity of any section, clause, sentence,
or provision of this local law shall not affect the validity
of any part of this local law which can be given effect without.
such invalid part or parts.
Section 13. When effective.
This local law shall. take effect immediately.
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