Village of Mamaroneck, NY Article IV Trees on Private Property

§ 318-7 Maintenance of trees on private property.

A. Every owner of private property must, at the property owner's expense:

[Amended 11-28-2022 by L.L. No. 5-2022, effective 12-1-2022]

(1) Prune each tree, shrub or other planting on the property so that the branches of the tree, shrub or other planting do not obstruct or overhang any right-of-way within the Village, do not obstruct the clear space between the surface of the street or sidewalk and eight feet above the surface of the street or sidewalk, do not obstruct the light from any street lamp, do not obstruct the view of any street intersection or any traffic control device and do not interfere with utilities.

(2) Remove any dangerous tree or tree limb on the property.

B. If the property owner fails to satisfy the property owner's responsibility under Subsection A of this section, the Village Manager or the Village Manager's designee may direct the property owner to take the required action at the property owner's expense, advising the property owner that if the property owner fails to comply with the direction, the Village may take the required action at the property owner's expense.

C. If the property owner fails to comply with the direction of the Village Manager or the Village Manager's designee within 30 days after the date on which that direction is given, the Village Manager or the Village Manager's designee may cause the tree, shrub or other planting to be removed or trimmed or the dangerous tree to be removed and charge the cost of doing so to the property owner. If the property owner does not pay that cost within 30 days of the date on which notice of the cost is served on the property owner, the property owner must pay a penalty of 5% of the amount due. The property owner must pay a further penalty of 1% of the amount due for each succeeding month or any portion of the month during which the charge is not paid. The Village Clerk/Treasurer will cause any charges and penalties under this section that remain unpaid for 60 days to be added to the Village tax bill for the property on the next succeeding tax roll. Unpaid charges and penalties are a lien on the real property so affected.

D. Construction damage. Any tree damaged or removed without permission during construction or the development of any property must be replaced in kind. Where it is not possible to replace an existing tree in kind due to its size or maturity, the tree must be replaced by multiple trees collectively equal in size [See table at § 318-8G(1)(a)] to the tree that was damaged. Minor tree damage must be repaired in accordance with ANSI A300 standards.

E. The Board of Trustees may authorize the planting of a tree on private property at the expense of the Village upon obtaining the consent of the property owner and determining that the planting of the tree will serve the purposes and provide the benefits of trees identified in this chapter. The property owner must execute an agreement, acceptable in form to the Village Attorney, acknowledging that the tree, once planted, is the responsibility of the property owner.

§ 318-8 Removal of trees on private property.

[Amended 11-28-2022 by L.L. No. 5-2022, effective 12-1-2022]

A. Prohibitions.

(1) No person may engage in clear-cutting or injure any protected tree on private property.

(2) No person may, without a permit issued by the Building Inspector, either purposely or negligently, remove or injure any tree with a DBH of eight inches or more on any private property unless the Building Inspector has issued a permit authorizing the person to do so.

(3) The previous subsection notwithstanding, a person may remove a tree that has fallen down or been uprooted without human intervention and is not required to replace the fallen or uprooted tree as would otherwise be required by this section, but the person must, within three business days of the removal, submit to the Village Manager or the Village Manager's designee documented evidence, including photographs of the broken or uprooted section of the tree, demonstrating the nature and extent of the loss. Failure to submit the required documentation within three business days is a violation of this chapter and subject to fine. The Village Manager or Village Manager's designee will acknowledge receipt of the documentation within three days.

B. Removal of protected trees in accordance with a permit issued by the Building Inspector. The Building Inspector may grant a permit to remove a protected tree on private property, to the extent necessary, if:

(1) The protected tree is within a distance of 10 feet around the perimeter of a building or structure; or

(2) The Village Manager or the Village Manager's designee, if either is a certified arborist, or a certified arborist chosen by the Village Manager or the Village Manager's designee and paid for by the property owner, determines that the tree is dead or so substantially diseased that it constitutes a potential danger to life and property, or harbors insects or diseases which constitute a potential threat to other trees within the Village; or

(3) The location of the protected tree prevents compliance with state, county or local laws or regulations for visual obstructions, sight lines, driveways or intersections.

C. Except in the emergency conditions described in § 318-8K, the Building Inspector may not grant a permit to remove a protected tree on private property if:

(1) The property owner seeks a permit to remove more than three protected trees;

(2) The property owner or the prior owner of the property has removed more than three protected trees from the property during the preceding 36 months; or

(3) The tree is in a wetland area and more than two trees have been removed from any wetland area on the property during the preceding 24 months by the property owner or any prior owner.

D. No permit is required for the removal of a tree or trees in accordance with a tree preservation plan approved by the Planning Board. Notwithstanding any other provision of this chapter, any property owner applying for subdivision, site plan, or wetlands approval whose plans would require the removal of any trees on the property that is the subject of the application must apply to the Planning Board for approval of a tree preservation plan. The Planning Board will have sole jurisdiction over the removal of trees on any property for which a tree preservation plan has been approved and the Building Inspector may not grant a permit to remove a tree where to do so would be inconsistent with the tree preservation plan for the property. The Planning Board may grant or deny an application for a tree preservation plan, and may impose those terms and conditions it deems appropriate, consistent with §§ 192-14E and 342-76, Chapter A348 and the remaining provisions of the Code of the Village of Mamaroneck.

E. No tree may be removed while an application for site development plan approval or subdivision plat approval for the property on which the tree is located is pending before the Planning Board.

F. Permit procedure.

(1) Application for permit. An application for a permit under this section must be made in writing on the form prescribed by the Building Inspector.

(2) Fee. The fee for the application will be as set forth in § A347-1 of this Code and must be paid at the time the application is submitted.

(3) Action on tree removal permit application. The Building Inspector will either approve or deny the application within 21 days from the date on which a completed application is submitted, except that the Building Inspector may not grant an application made in connection with construction which requires a building permit until the building permit is issued.

G. Conditions. In granting a permit under this section:

(1) The Building Inspector must require, as a condition of the tree removal permit, that:

(a) The applicant replace each tree that is removed with a noninvasive tree species of a similar mature height and of a size determined in accordance with the following schedule:

DBH of Tree Removed (inches)	Replanting Requirement
For lots less than 14,500 square feet
Under 8 inches	No replanting necessary
8 inches or greater	One 2 to 2 1/2 inch DBH tree
For lots 14,500 square feet and above
Under 8 inches	No replanting necessary
8 to 12 inches	One 2 to 2 1/2 inch DBH tree
13 to 25 inches	Two 2 to 2 1/2 inch DBH trees
26 inches or greater	Three 2 to 2 1/2 inch DBH trees

(b) For three or more tree replacements within five years, the property owner must submit to the Building Inspector a plan identifying the proper location for each replacement tree.

(2) The Building Inspector may require, where extensive tree cutting is planned, that the applicant pay the cost of a certified arborist assigned by the Building Inspector to supervise the tree removal and ensure the protection of the existing trees that are required to remain.

(3) If, in the determination of the Planning Board, the number of trees required for replanting cannot reasonably be accomplished on site, the Planning Board will require the applicant to contribute to a Village of Mamaroneck Tree Bank an amount equal to the cost to the Village for purchasing and planting each new tree that the Planning Board has determined would otherwise have been required to be replanted and will advise the Board of Trustees of the number and size of those trees. The Village of Mamaroneck Tree Bank shall be utilized only by the Planning Board.

H. Any applicant who has been denied a tree removal permit may appeal to the Village Manager or the Village Manager's designee. The appeal must be submitted in writing to the Village Manager or the Village Manager's designee within 30 days of the determination. In determining an appeal, the Village Manager or the Village Manager's designee may consult a certified arborist selected by the Village Manager or the Village Manager's designee and paid for by the property owner.

I. All tree planting and associated restoration work must be substantially completed within 12 months from the date the permit is issued, unless the permit is extended by the Building Inspector, in the Building Inspector's reasonable discretion. The Building Inspector may revoke any permit if the work is not proceeding according to permit.

J. Any tree that does not survive for a period of two calendar years following planting must be replaced by the permit holder at no expense to the Village or the owner of the land, if the holder of the permit is not the owner of the land. The replacement must be made within 60 days of written demand by the Building Inspector or within such longer time as the Building Inspector specifies.

K. Emergency removals. If the Village Manager or the Village Manager's designee determines that a tree is a dangerous tree, the Village Manager or the Village Manager's designee may grant a permit for the immediate removal of the tree without following the procedures or requirements otherwise required by this section, including replacement of trees where required, but no tree 18 DBH or greater may be removed on an emergency basis by reason of disease without a detailed report by a certified arborist justifying the removal. Removal of any tree is permitted by any person when there is an actual or ongoing emergency condition threatening life or property, and the immediate removal of a tree is necessary for the protection and preservation of life or property and there is no time to wait for granting of a tree removal permit. Within three business days of such removal, documented evidence, including photographs, along with a completed tree removal application, must be submitted to the Village Manager or the Village Manager's designee setting forth the nature and extent of the immediate threat. Failure to submit the required documentation within three business days is a violation of this chapter.

L. Certificate of occupancy. If a permit to remove a tree is issued in connection with construction that requires a building permit, the Building Inspector may not issue a certificate of occupancy until all tree planting and associated restoration work is completed to the satisfaction of the Building Inspector.