[Adopted 3-1-1993 by L.L. No. 13-1993]
This article shall be known and may be cited
as the "Shade Tree Local Law of the Village of Airmont."
It is the intention of the Village Board of
the Village of Airmont by the adoption of this article to provide
for the planting of shade trees to beautify and shade roads and rights-of-way
abutting property in new subdivisions in the Village of Airmont.
A.
BUILDING INSPECTOR
PERSON
SHADE TREE or TREE
SUPERINTENDENT OF HIGHWAYS
VILLAGE
For the purposes of this article, the following terms,
phrases, words and their derivations shall have the meanings given
herein.
The Building Inspector of the Village of Airmont or his agent.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
A tree in a public place except where otherwise indicated.
Is an elected position in the Town of Ramapo which provides
highway maintenance for the Village of Airmont under a 5-G agreement.
[Amended 5-24-2004 by L.L. No. 1-2004]
Village of Airmont.
B.
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.
Any person who obtains final subdivision approval
from the Planning Board of the Village of Airmont, County of Rockland,
State of New York, shall plant shade trees on the property on which
such construction is located. Such trees are to be planted within
five feet of the right-of-way of the road or roads abutting said property.
One tree shall be planted for every 40 feet of frontage of said property
unless the Superintendent of Highways or his agent shall grant a waiver
of such planting, which waiver shall be in writing.
The Building Inspector or his agent shall grant
such waiver only if there are trees growing along such right-of-way
or on the abutting property near the street property line which, in
the opinion of the Building Inspector, comply with the intent of this
article.
A.
New trees to be provided pursuant to this article
shall be approved by the Building Inspector or his agent, and shall
be planted in accordance with specifications, rules and regulations
promulgated by the office of the Building Inspector; and the Building
Inspector is hereby authorized to promulgate such specifications,
rules and regulations.
B.
The sum of $75 per tree required to be planted by
the Planning Board must be deposited with the Building Inspector to
guarantee that the trees so planted will survive in good condition
for two planting seasons. The money so deposited will be held in the
same account as money paid in lieu of planting. If the trees are healthy
two planting seasons after planting, the money will be returned minus
any moneys required to be expended for maintenance of the trees.
In lieu of planting trees in accordance with
this article, a person may deposit with the Building Inspector, in
cash or by good certified check, the sum of $75 per tree, which money
shall be held by the Village of Airmont to be used for the sole purpose
of planting and maintaining shade trees required by this article.
No street, after the effective date of this article, shall be accepted
for dedication until the Building Inspector shall duly inform the
Village Board that compliance, where necessary, has been had with
the provisions of the article.
A.
Any person or persons obtaining a building permit from the Building and Zoning Department of the Village of Airmont for the construction of a commercial, office, school, church, fraternal, benevolent or industrial building whose parking space, according to the requirements of Chapter 210, Zoning, must be designed for 10 or more vehicles shall plant trees in accordance with the rules, regulations and specifications of the Building Inspector and deposit $75 per tree, as per § 195-6, prior to the issuance of a certificate of occupancy.
B.
In lieu of the planting of these trees, the Building
Inspector may issue a waiver attesting to the posting of a bond or
cash stating that compliance will be had with the rules, regulations
and specifications of the Building Inspector relating to the planting
of trees.
Any person violating any of the terms or provisions
of this article or refusing to comply with the rules, regulations
and specifications of the Superintendent of Highways shall, upon conviction,
be subject to a fine not exceeding $250 or imprisonment for a term
not exceeding 15 days.
