[HISTORY: Adopted by the Town Board of the
Town of Ramapo as indicated in article histories. Amendments noted
where applicable.]
[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.
The Director of the Department of Public Works of the Town
of Ramapo.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
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.
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.
A tree in a public place except where otherwise indicated.
The Town of Ramapo.
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.
A.
Selection of tree size and species shall be at the
discretion of the Director of Public Works. The Director of Public
Works shall secure written permission from the property owner prior
to planting the shade trees. The shade tree fee paid by the developer
shall not be returned in the event the property owner chooses to refuse
the plantings.
B.
The Town of Ramapo shall guarantee the survival of
the trees for a period of one year after the initial planting. The
trees must remain planted in the original location. In the event a
tree dies, the Town shall plant a replacement tree.
C.
If the tree survives, it shall, at the end of one
year, become the property of the lot owner. Appropriate language shall
be placed in the easement stating that the shade tree easement shall
then become null and void and the property owner shall be responsible
for the tree.
