[Adopted 3-8-1965 by L.L. No. 1-1965 as
Ch. 40 of the 1965 Code; amended in its entirety 2-6-2012 by L.L. No. 2-2012]
This article shall be known and may be cited
as the "Shade Tree Ordinance of the Town of Ramapo."
For the purposes of this article, the following
terms, phrases, words and their derivations shall have the meanings
given herein. When not inconsistent with the context, words used in
the present tense include the future, words in the plural number include
the singular, and words in the singular number include the plural.
The word "shall" is always mandatory and not merely directory.
PERSON
Any person, firm, partnership, association, corporation,
company or organization of any kind.
PLANNING BOARD
The Planning Board of the Town of Ramapo, which has the power
to review and approve or disapprove plans for land development within
the Town.
SHADE TREE EASEMENT
The five-foot-wide easement developers are required to provide,
for the planting of shade trees, at the time of subdivision approval
by the Planning Board.
Any person who obtains final subdivision approval
from the Planning Board of the Town of Ramapo shall provide a five-foot-wide
shade tree easement along the street frontages of all lots. A fee,
as set forth in the Town's Standard Schedule of Fees, shall also be
paid to the Town of Ramapo, to be used for the planting of trees in
the easement. The Director of Public Works, at his/her direction,
shall have planted one tree for every 40 linear feet of shade tree
easement. The easement shall expire two years after the planting of
said shade trees.
The Planning Board shall grant a waiver if there
are trees growing along the street frontage or on the abutting property
which, in the opinion of the Director of Public Works or his/her assistants,
comply with the intent of this article. In addition, prior to planting,
the property owner shall have the right to refuse tree plantings.
Said refusal must be in writing, and a copy of the refusal shall remain
in the building file for that lot. The fee shall remain the property
of the Town and may be used for general municipal purposes relating
to Town beautification and landscaping.