This chapter shall be known and may be cited
as the “Tree Preservation and Landscape Maintenance Law of the
Village of Montebello.”
It is the intention of the Village of Montebello
to retain the rural appearance of the community. Said rural appearance
is a consequence of its existing wooded character and streetscape.
Toward that end, the Village Board has implemented these regulations
for the following purposes:
A. To preserve an important attribute of the Village,
by encouraging owners of existing developed lands, and developers
of lands, to save or replace as many native and mature tree species
as possible when making improvements to real property.
B. To control and regulate indiscriminate and excessive
removal, cutting, and destruction of trees in order to regulate and
prevent conditions which cause increased surface runoff, soil erosion,
and cause decreased soil fertility;
C. To maintain the stability and value of real estate
by preserving existing woodlands and providing for the appropriate
aesthetic of the streetscape; and
D. To ensure the continued maintenance of landscaping
in accordance with site plan or subdivision plan approvals, or in
accordance with the regulations contained herein.
For the purposes of this chapter, 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 shall include the future, words in the plural number
include the singular and words in the singular include the plural.
The word "shall" is always mandatory and never discretionary.
COMPENSATORY PAYMENT
The payment into the Tree Fund, in lieu of a compensatory
planting, of a sum determined to be equivalent to the cost of trees
to replace those removed as based upon a per inch of caliper or circumference
formula. An associated payment schedule is to be established and amended
from time to time by resolution of the Village Board.
[Added 6-18-2008 by L.L. No. 3-2008]
COMPENSATORY PLANTING
The planting of replacement trees determined to be equivalent
to those removed.
[Added 6-18-2008 by L.L. No. 3-2008]
DEAD OR IMMINENTLY DEAD TREE
A tree with no sign of life or which is so late in an irreversible
disease process or is so severely damaged that it is highly probable
that it will be rendered dead within one year.
[Added 6-18-2008 by L.L. No. 3-2008]
PERSON
Any person, firm, partnership, association, corporation,
company or organization of any kind.
SECURITY
Security as provided in this chapter shall be in cash.
SHADE TREE
A tree located in the right-of-way or shade tree easement,
either previously dedicated or to be dedicated to the Village, except
where otherwise indicated.
SHADE TREE EASEMENT
A shade tree easement is a five-foot-wide easement parallel
to a road right-of-way granted by the property owner to the Village,
that has been established beyond the right-of-way line for the purposes
of planting shade trees and for future maintenance of these plantings.
SITE PLAN
As defined in Chapter
195, Zoning, of the Village of Montebello and further in Chapter
146, Site Development Plans.
TREE
A woody plant, the branches of which spring from and are
supported upon a main trunk, with a caliper of four or more inches
at the point of maximum width measured four feet from the ground.
[Added 6-22-2005 by L.L. No. 4-2005;
amended 6-18-2008 by L.L. No. 3-2008]
TREE FUND
A fund to be established, maintained and utilized as directed
by the Village Board, the purpose of which is to plant replacement
trees throughout the Village as deemed appropriate with the guidance
of the Historic Preservation and Parks Commission.
[Added 6-18-2008 by L.L. No. 3-2008;
amended 2-26-2019 by L.L. No. 1-2019
TREE REMOVAL CONTRACTOR
An individual, collection of individuals or business entity
for hire who or which is engaged in the business of providing services
with respect to trees, such as removing, pruning, trimming, planting,
stump grinding, cabling, and brush chipping and removal.
[Added 6-18-2008 by L.L. No. 3-2008]
VILLAGE ROAD
A road and/or right-of-way under the jurisdiction of the
Village.
[Amended 6-22-2005 by L.L. No. 4-2005; 6-18-2008 by L.L. No.
3-2008]
A. The Village Engineer or other designee of the Village
Board shall determine compliance with this chapter, and any person
violating any of the terms or provisions of this chapter or refusing
to comply with the rules and regulations of this chapter shall, upon
conviction, be subject to a fine not exceeding $250 for each offense.
Each tree that is cut or damaged without appropriate approval from
a Village agency shall constitute a single offense, up to a maximum
penalty of $10,000 per lot.
B. Persons developing properties which have received
site plan or subdivision approval and who violate the terms and conditions
of said approvals by clear-cutting, removing or otherwise damaging
trees through construction, grading or other activities shall be subject
to a fine not exceeding $250 for each offense. Each tree that is cut
or damaged shall constitute a single offense, up to a maximum penalty
of $10,000 per lot.
C. In addition to being subject to prosecution and fining, any person having violated this chapter shall also be referred to the Planning Board for the purpose of developing a tree remediation plan, showing the existing and proposed landscaping conditions on the premises in question, and which shall be designed to mitigate the effects of the offense, which shall be known as the "compensatory planting plan" or, if the Planning Board approves in lieu thereof, the making of a compensatory payment to the Tree Fund (See Subsection
D below.) The Planning Board may also require such remedial or protective measures to be undertaken as may be necessary to protect the balance of the original landscaping, such as, but not limited to, the use of snow fencing, chain link fencing, or other protective measures. The Planning Board may also request the Village Engineer, Village Planner or other Village consultant to assist in evaluating the violation and recommending a remediation. The fees charged to the Village by such consultants shall be paid by the violator.
D. In addition to any penalty, the violator will be required
to effectuate a compensatory planting by replacing in kind each and
every tree removed, cut down or destroyed in violation of this chapter.
If a tree was so large and mature that it cannot be replaced, the
Planning Board may require the planting of multiple trees instead,
based on the sole determination of the Planning Board of the number,
species and size of trees necessary to meet the objectives of this
chapter. In the alternative, in appropriate circumstances where the
planting of additional trees is impractical in the judgment of the
Planning Board, it may accept compensatory payment to the Tree Fund
in lieu of planting as it may direct or as it may approve upon the
request of the violator. No certificate of occupancy shall be issued
for new construction on the property on which occurred any violation
of this chapter unless and until the provisions of this subsection
have been complied with.
E. Where a tree of any size that is removed, cut down
or destroyed is in a conservation easement or conservation area designated
on a plan approved by the Planning Board, fines may be doubled.
F. Whenever the Village Engineer or designee as determined
by the Village Board shall determine that any activity is being conducted
in violation of this chapter, then the Village Engineer shall request
that the Building Inspector notify the owner of the property, the
owner's agent, or the person performing the work to suspend and halt
work. Such direction by the Building Inspector (a stop-work order)
shall be in writing and delivered to the owner, the owner's agent,
or the person performing the work or affixed to the site. Such stop-work
order shall state the reasons therefor and the conditions under which
the work may be resumed.
G. Violation by licensed tree removers. Any tree remover,
licensed by the Village of Montebello, who violates the provisions
of this chapter shall, at the discretion of the Village Engineer or
other designee of the Village Board, have his license revoked and
shall not have a new license renewed for a period of not less than
two years. Said licensee shall have 15 days to challenge said determination
by filing a written appeal to the Village Board, which shall hold
a hearing on said appeal within 35 days of receipt of said appeal
and shall render a determination within 15 days of the close of said
hearing. Accused violators may continue working during the pendency
of an appeal only if they have posted an acceptable letter of credit
or cash deposit in the amount of $5,000.
H. Violation by unlicensed tree removers. Violators of §
176-6 F(1)shall be subject to a fine not exceeding $5,000 for each offense.
I. The Village Board may act by resolution to set or reset the fines for each offense, and the maximum penalty per lot, as set forth in Subsections
A,
B,
G, and
H of this of §
176-7, which updated fines and penalties shall appear in the Fine Schedule of the Village of Montebello.
[Added 5-15-2019 by L.L.
No. 2-2019]
This chapter supersedes and is in derogation
of Chapter 40 of the Code of the Town of Ramapo, County of Rockland,
State of New York. This chapter is enacted by authority of § 20,
Subdivision 5, of the Municipal Home Rule Law and any other law referenced
herein as authority herefor. It also supersedes Local Law No. 27 of
1988 and Local Law No. 2 of 1993.