[HISTORY: Adopted by the Board of Trustees of the Village of Mamaroneck 1-25-1988 by L.L. No. 1-1988, effective 2-1-1988. Amendments noted where applicable.]
Streets and sidewalks — See Ch. 296.
The proper planting of new trees and the health and maintenance of existing trees, especially within public rights-of-way, aid in the maintenance of property values, implement the design and environmental goals of the Village Master Plan and promote the general welfare of the inhabitants of the Village of Mamaroneck. This chapter seeks to promote these goals by establishing a Tree Committee to set proper standards of planting, maintenance and removal and to monitor the observance of these standards.
As used in this chapter, the following terms shall have the meanings indicated:
- PARK TREES
- Trees, shrubs, bushes and all other woody vegetation in public parks having individual names and all areas owned by the village or to which the public has free access as a park.
- STREET TREES
- Trees, shrubs, bushes and all other woody vegetation on land lying between the property lines on either side of all streets, avenues or ways within the Village of Mamaroneck.
[Amended 3-9-2015 by L.L. No. 2-2015, effective 3-17-2015]
There is hereby created and established a Village Tree Committee, which shall serve in an advisory capacity to the Board of Trustees, the Planning Board, the Village Engineer, and the General Foreman of the Department of Public Works. This in no way shall infringe upon the jurisdiction of the Board of Trustees, the Planning Board, the Department of Public Works or the Recreation and Parks Commission. Membership shall consist of seven persons who shall be nominated and appointed by the Board of Trustees. At least one member shall be professionally trained or have experience in landscape architecture, arboriculture or related fields. The Village Engineer and Public Works Foreman shall be ex officio members of the Committee and shall act in an advisory capacity.
[Amended 3-9-2015 by L.L. No. 2-2015, effective 3-17-2015]
The term of each member's office shall be three years, staggered, so that in a three-year cycle two members' terms expire in year one, two members' terms expire in year two, and three members' terms expire in year three. In the event of a vacancy, a successor shall be appointed to fill the unexpired portion of the term.
It shall be the responsibility of the Tree Committee to study, investigate, develop and/or update annually and administer a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks, along streets and in other public areas, with an estimate of the costs in hours to be worked by village employees and the cost of nursery stock to be used. Such plan shall be presented annually to the Village Board.
The Tree Committee shall review any site plans or subdivisions referred to it by the Planning Board and shall advise the Board on proper tree plantings and/or tree preservation techniques. The Tree Committee is also empowered to monitor the implementation of site plans in terms of trees tagged for preservation and to provide advisory reports to the Planning Board and/or Building Inspector.
The Tree Committee shall consider, investigate, make findings and report and recommend upon any special matter or question coming within the scope of its work.
Upon request, the Tree Committee shall provide information to private property owners concerning the care and maintenance of trees.
[Amended 6-11-2018 by L.L. No. 7-2018, effective 6-19-2018]
The Board of Trustees shall appoint the Chairperson. The Committee shall make its own rules and regulations and shall keep a record of its proceedings. A majority of the members shall be a quorum for the transaction of business. The Committee will comply with the requirements of the Open Meetings Law of the State of New York (Public Officers Law § 100 et seq.), even if that law does not apply because the Committee is acting in an advisory capacity.
The Tree Committee shall develop and maintain a list of species of trees which it recommends as suitable for planting in the Village of Mamaroneck, which will be on file with the Village Clerk.
To achieve ideal growing conditions, street or park trees shall be planted according to the guidelines designed or approved by the Committee. When necessary, modification may be made by consultation with the Village Engineer.
The Tree Committee, under appropriate circumstances and without showing preferential treatment, is authorized to accept cash donations from private persons or corporations in the Committee's discretion for the orderly planting of trees, as determined by the Committee, on public or private property.
In authorizing the planting of a tree or trees on private property within a public right-of-way, the Tree Committee must find that placing a tree on private property will be in the best interest of the village and will be with the written consent of the private property owner.
The donation shall be tax deductible within the statutory provisions of gifts to a municipality under the General Municipal Law of the State of New York.
The tree shall be merged in the real property of the fee owner.
An agreement to plant the tree, prepared by the Village Attorney, shall be executed by the owner of the property and the Village of Mamaroneck. This agreement shall release the village of any liability in connection with placing the tree at the agreed upon location.
The distance trees may be planted from curbs or curblines and sidewalks will be determined by the Committee. If a tree is being planted to replace a tree larger than the prescribed size, the Committee may allow the planting of a tree comparable to the removed tree, provided that it is known to be of a type whose roots will not displace the sidewalk or curb.
No street tree or park tree shall be planted closer than twenty-five (25) feet from any street corner, measured from the point of nearest intersection curbs or curblines. No street or park trees shall be planted closer than ten (10) feet from any fireplug nor closer than four (4) feet from any gas or water curb boxes. The Committee may adjust these standards upon written findings that modification of such standards is advisable.
The Tree Committee may recommend to the Village Engineer removal of any tree or part thereof which is in an unsafe condition or which, by reason of its nature, is injurious to sewers, electric powerlines, gaslines, waterlines or other public improvements or is affected with any injurious fungus, insect or other pest. In the event that there is an emergency which threatens the health or safety of the residents of the village, the Village Engineer shall be authorized to take such steps as he deems necessary to alleviate said emergency.
The village shall have the right to take any action which would otherwise be required of any owner pursuant to this chapter and, if the owner has been given not less than thirty (30) days' written notice of the intention of the village to do such work and has failed to have such work done, to recover the cost of such action from said owner, and said owner shall be subject to the penalties of § 296-16 of Chapter 296, Streets and Sidewalks.
The Village Board shall have the right to review the conduct, acts and decisions of the Tree Committee. Any person may appeal from any ruling or order of the Tree Committee to the Village Board, who may hear the matter and make the final decision.