[Adopted by the Board of Trustees of the Village of Pomona 11-27-2017 by L.L. No. 4-2017. Amendments noted where applicable.]
The Board of Trustees of the Village of Pomona recognizes the
importance of trees in helping to protect the health and welfare of
its residents in addition to providing an aesthetic beauty to the
community. Trees moderate the effects of sun and wind; they provide
buffers and screen against noise and air pollution; they absorb carbon
dioxide and supply oxygen to the atmosphere; they filter out pollutants
from the air; they reduce the hazards of flooding; they assist in
the stabilization of soil and in the prevention of erosion; they help
decrease stormwater runoff and replenish groundwater supplies; they
moderate extremes of temperature and provide shade; they provide a
habitat for wildlife and a haven for birds which in tum assist in
the control of insects; they conserve and increase property values.
For all of these reasons, it is the intent of this chapter to prohibit
the unnecessary clearing and disturbing of land and to establish standards
limiting the removal of and ensuring the replacement of trees sufficient
to safeguard the ecological and aesthetic environment necessary to
protect the health, safety and welfare of the residents of the Village
of Pomona.
As used in this chapter, the following terms shall have the
meanings indicated:
A public or private individual, group, company, firm, corporation,
partnership, association, limited-liability company, society, joint-stock
company, or any other combination of human beings, whether legal or
natural.
Any tree which, because of its size, location, species, age
or historical value is declared to be a protected tree by resolution
of the Board of Trustees.
Any self-supporting woody plant growing upon the earth which
usually produces one main trunk, measuring not less than 20 inches
in circumference at a height of 4 1/2 feet above the ground and
having a definitely formed crown of foliage.
A written authorization to remove one or more trees pursuant
to this chapter.
No person shall kill, cut, break, injure, trim, change the grade
of or in any way destroy or damage any tree, plant, shrub or other
vegetation on any public property or place within the Village of Pomona
without approval of the Board of Trustees.
No person shall remove or destroy any tree, as defined herein,
on private property, unless a tree removal permit has been obtained
from the Building Inspector or other authorized official. This section
shall not apply to any tree that has been approved for removal pursuant
to an approved subdivision, site plan or building permit.
An application for tree removal permit shall be made in writing,
on forms supplied by the Village of Pomona, containing the following
documents:
A.
Four copies of application form including, at a minimum: name, address,
e-mail address and telephone number of applicant; name, address, e-mail
address and telephone number of the owner of the property; name, address,
e-mail address and telephone number of the contractor performing the
work; location of property, including address and tax lot number;
number of trees requested to be removed; reason for removal; statement
signed by the owner of property that he/she agrees to the work to
be performed. Filing of the application shall authorize inspection
of the premises by the Building Inspector and his/her authorized representative
prior to issuance of a tree removal permit and thereafter until all
work to be performed pursuant to said permit has been completed and
approved.
B.
Four copies of the survey, site plan, plot plan or other drawing
showing the location of all buildings and structures on the site,
wetland and floodplain areas, slopes in excess of 35%, the location
of trees requested to be removed and such other information as may
be requested by the Building Inspector or other authorized official.
Not more than three trees shall be approved for removal in any twelve-month
period unless the trees are determined to be dead or dangerous to
persons or property by a licensed arborist.
C.
If a contractor is performing the work, one copy of the contractor's
county license and insurance certificate showing liability, workers'
compensation and disability insurance coverages.
Upon receipt of a complete application, the Building Inspector
or other authorized official shall visit the subject property to familiarize
himself/herself with the actual conditions of the property and to
verify locations as shown on the survey/site plan/plot plan/drawing
submitted as part of the application. The Building Inspector or other
authorized official shall place a mark on any tree that is approved
for removal to distinguish such tree from other trees that have not
been approved for removal. A tree removal permit shall be issued by
the Building Inspector or other authorized official if he/she finds
that the tree to be removed meets one or more of the following standards.
The tree removal permit may impose such conditions as may be reasonably
necessary to carry out the purpose and intent of this chapter, including
but not limited to installation of replacement trees in other locations
on the property. Standards for removal:
A.
The location of the tree endangers the health, safety or welfare
of the public, the property owner or the adjoining property owner.
B.
The location of the tree prevents the property owner from undertaking
construction or alteration of the land or buildings because the location
of the tree interferes with the permitted use of the property and
the construction or alteration cannot be reasonably adjusted to accommodate
the tree.
C.
The tree is located near existing or proposed improvements, such
as:
D.
The location of the tree prevents compliance with state, county or
Village standards for sight lines, driveways or intersections.
E.
The tree, due to death or advanced age, disease, blight, infestation,
storm damage, accident or other condition, has been damaged to the
extent that it cannot reasonably be expected to live for a period
of two years. This condition shall be verified, in writing, by a licensed
arborist.
F.
The tree is in a location that restricts the reasonable use of the
property for outdoor purposes. In such case, the Building Inspector
may require the property owner to install a tree of similar species
and size, if feasible, at another location of the property.
G.
The tree interferes with the growth or health of other trees on the
property.
H.
A protected tree or a tree that is located in an area of the property
designated as a conservation or buffer area shall not be removed or
destroyed unless such tree has been determined by a licensed arborist
to be dead or in such deteriorated condition as to be dangerous to
persons or property.
Tree maps and landscaping plans shall be required in conjunction with all subdivision, site plan and building permit applications as set forth in Chapters 3, 118, 119 and 130 of the Code of the Village of Pomona. Tree removal permits shall not be required for the removal of trees approved by the Planning Board or the Building Inspector, as the case may be.
A.
In the event a tree is damaged or dead and is in imminent danger
of causing damage to persons or property, said tree may be removed
without first obtaining a tree removal permit therefor, provided that
an application for tree removal is filed with the Building Inspector
or other authorized official within 48 hours after such removal. The
application shall contain a verification from a licensed arborist
that the tree was damaged or dead and was in imminent danger of causing
damage to persons or property.
B.
In the event the Building Inspector or other authorized official
determines that a tree is damaged or dead and is in imminent danger
of causing damage to persons or property, he/she shall notify the
owner of the property on which the tree is situated to remove said
tree immediately. A copy of said notice shall be filed in the office
of the Village Clerk. Failure to comply with such notice shall be
a violation of this chapter.
Removal of trees shall be performed strictly in conformance
with the tree removal permit issued by the Building Inspector or other
authorized official. If located in the front yard, the tree trunk
and limbs shall be removed from the site within 60 days after issuance
of the tree removal permit, weather permitting. In the event restoration
of trees or other vegetation is required in the tree removal permit,
planting of such trees or vegetation shall be completed within 30
days after removal of the trees approved in the tree removal permit,
weather permitting.
Street trees, if required, shall be installed in compliance with § 118-24D(7) of the Code of the Village of Pomona. The size and species of street trees and the manner in which they are to be planted shall be as determined by resolution of the Board of Trustees.
This chapter shall be administered and enforced by the Building
Inspector or Code Enforcement Officer who shall be appointed by the
Mayor with approval of the Board of Trustees.
Any person may appeal a determination of the Building Inspector
or other authorized official within 30 days after such determination
by filing an application therefor with the Zoning Board of Appeals
of the Village of Pomona.
A.
Any person who violates any provision of this chapter shall be liable
for a civil penalty not to exceed $300 for each such violation. In
lieu thereof, the Building Inspector or other authorized official
shall have authority to agree to a tree replacement plan requiring
the replacement of up to three trees for each such violation of a
species and size to be determined by the Building Inspector or other
authorized official, as the case may be. Each tree that is removed
without a permit therefor shall be considered a separate violation.
Such civil penalty may be recovered in an action brought by the Village
in any Court of competent jurisdiction.
B.
In addition to the civil penalty, any person who violates any provision
of this chapter shall be guilty of a violation, punishable by a fine
not to exceed $300 or a term of imprisonment not to exceed 15 days,
or both such fine and imprisonment, for each violation. The cutting
of each tree and/or the violation of each provision of this chapter
shall constitute a separate violation/offense, and, in the case of
a continuing violation, each week's continuation thereof shall
be deemed a separate and distinct violation/offense.
If any provision, section, paragraph or phrase of this chapter
is held by a court of competent jurisdiction to be invalid, such determination
shall not invalidate any other provision, section, paragraph or phrase
of this chapter.
