The Town of Haverstraw hereby finds that indiscriminate
and excessive removal of trees by physical or chemical means from
tracts of land has resulted in creating increased surface drainage
and soil erosion, thereby causing increased municipal costs for proper
drainage control, impairing the benefits of occupancy of existing
residential property in such areas and further impairing the stability
and value of both improved and unimproved real property in such areas
and concomitantly adversely affecting the health, safety and general
welfare of the inhabitants of the Town.
The Town Board, by majority vote, shall appoint
a five-member Shade Tree Commission to assist the Superintendent of
Highways and the Building Inspector in the establishment and enforcement
of shade tree planting and tree removal regulations of the Town of
Haverstraw.
These regulations shall apply to all timbering
operations and all persons and/or corporations who are or will be
applying for building permits in residential zones, subdivisions,
commercial zones or for industrial construction. School districts
and federal and local governments are exempt.
No building permit shall be issued unless such
person or corporation shows on an appropriate plan all proposed tree
removals in relation to the survey stakes marking out a building foundation,
garage, driveway, recreation area or any site that warrants tree removal.
The species and condition of trees shall be reported to the Building
Inspector of the Town of Haverstraw.
No live tree exceeding six inches in diameter
at four feet above ground level shall be removed except under the
following circumstances:
A.Â
If its presence would cause hardship or endanger the
public or an adjoining property owner.
B.Â
In areas to be occupied by buildings, driveways or
recreation areas and within a distance of 15 feet around the perimeter
of such building, depending on tree species and conditions.
C.Â
In areas having excessive cut or fill of land deemed
inimical to tree survival.
D.Â
In areas where selective thinning and timbering of
trees would encourage the development of prime specimen trees.
E.Â
Trees removed pursuant to Subsection D shall be replaced on any lot from which they are removed, as the Shade Tree Commission shall require. In no event shall a building permit be issued for any lot or parcel unless provisions shall be made for at least four trees, of which 50% of said trees shall be evergreens.
F.Â
For purposes of this article, a tree's diameter shall
be measured at a height of four feet above the surface of the ground
at the base of the trunk.
Any person who obtains final subdivision approval
from the Planning Board of the Town of Haverstraw, 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.
New trees to be provided pursuant to this chapter
shall be approved by the Shade Tree Commission and shall be planted
in accordance with specifications, rules and regulations promulgated
by the office of the Shade Tree Commission.
[Amended 6-24-2002 by L.L. No. 7-2002]
No street, after the effective date of this
chapter, shall be accepted for dedication until the Shade Tree Commission
shall duly inform the Town Board that compliance, where necessary,
has been had with the provisions of this chapter.
Any person or persons obtaining a building permit
from the Building Department of the Town of Haverstraw for the construction
of a commercial, office, school, church, fraternal, benevolent or
industrial building whose parking space, according to this chapter,
must be designed for 10 or more vehicles, shall plant trees in accordance
with the rules, regulations and specifications of the Shade Tree Commission
prior to the issuance of a certificate of occupancy. In lieu of the
planting of these trees, the Town of Haverstraw may accept a waiver
from the Shade Tree Commission or a certificate from the Shade Tree
Commission attesting to the posting of a bond or cash stating that
compliance will be had with the rules, regulations and specifications
of the Shade Tree Commission relating to the planting of trees.
[Amended 6-24-2002 by L.L. No. 7-2002]
The required performance bond shall include
the planting of trees as required under this section. The amount to
be attributed for the planting of trees shall be $500 per tree based
upon the total number of trees required to plant one tree every 40
feet of frontage of said property.
