Town of Monroe, NY
Orange County
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Table of Contents
Table of Contents
The Town Board declares the intent of this article is to regulate the preservation, installation, removal, and long-term management of trees in the Town of Monroe in order to protect the environment for the use of present and future generations. Specifically, the Town Board further declares the intent of this article is to:
A. 
Ensure that the greatest number of trees are preserved and protected before, during and after subdivision, site plan, special use permit, building permit, and/or residential or commercial or industrial construction process, and in cases where subdivision and site plan approval is not required.
B. 
Where it is not possible to preserve them, the Town Board intends to ensure, wherever possible, that trees removed be replaced with a like number and species of newly planted trees. If not on the site where the trees are removed, then such trees shall be replanted primarily on public lands or another site in the Town of Monroe, or alternatively, pay a fee per tree to fund the replanting and reestablishment of trees and preserve forests in the Town of Monroe, as established in this Zoning Chapter. The Monroe Conservation Commission shall make a recommendation on the disposition of funds collected when administering these fines to the Town Board.
C. 
Encourage the proper protection and maintenance of existing trees as herein described in the Town of Monroe, and provide penalties for noncompliance therewith.
D. 
Ensure that as long as the health, safety, or welfare of the public is not potentially negatively impacted, projects provide for trees along existing and new roads, screen parking areas in order to reduce noise from vehicular traffic, and screen accessory structures and ensure that the development blends with the existing environment. Additionally, the intent of this article is to also enhance and improve sites through the establishment of increased green space and/or appropriate tree plantings.
E. 
Encourage the proper protection and maintenance of trees located within wetlands and watershed land and associated buffers.
F. 
Generally prohibit, except as provided for herein, removal of, cutting down or causing injury to trees growing on slopes with a grade of 30% or greater.
G. 
Charge the Town of Monroe Conservation Commission with developing a list, subject to amendment, as provided for herein of landmark, native, protected and specimen trees and procedures for the preservation thereof. To the extent identifying information is needed in relation to defining particular types of trees, including landmark and specimen trees, no penalty may be imposed until such trees are identified by resolution of the Town Board, and made an appendix to the Town Code after filing such resolution with the Town Clerk. The Town Board and the Conservation Commission shall establish a budget for the Conservation Commission to obtain the services of arborists, landscape architects and/or foresters as well as for the purchase of tools, computer software and training and the digital archiving of data in furtherance of this chapter.
H. 
Encourage the establishment and continuation of tree species compatible with the natural environment as defined by the New York State Department of Environmental Conservation.
I. 
Establish penalties and fines for violation of its provisions, including fees for the Tree Protection and Replacement Fund.
The Town Board hereby finds that:
A. 
The trees and forest lands in the Town of Monroe are important natural resources that benefit the Town and make it a desirable place for both residents and visitors. Trees and other landscape elements help to naturally control flooding, filter pollutants and prevent soil erosion, protect watershed areas, enhance air quality, provide a natural noise barrier, provide habitat for wildlife, and yield advantageous microclimates, thereby reducing energy consumption. The removal of trees can cause deprivation of these benefits and change the ecological and rural character of the community.
B. 
Properly located and planted trees are an effective means of providing sight and noise barriers around accessory buildings, mechanical devices, parking lots and other structures.
C. 
A responsible community recognizes that a prohibition against the use of invasive plant species is necessary to preserve and manage trees and forestlands on both public and private property in order to protect the health, safety, and welfare of citizens in the Town of Monroe.
D. 
Replacing trees removed during construction is necessary to assist in soil conservation and establishing and maintaining suitable and acceptable drainage, since development usually creates new drainage patterns, and the growth of trees and their roots are integral to these new drainage patterns and their stability.
A. 
Tree plan required for subdivision, site plan, special permit approval.
(1) 
A tree plan shall be required and approved by the Town of Monroe Planning Board as part of a site plan, special permit, or subdivision application pursuant to the provisions of this article prior to clearance of land, cutting down, killing, or otherwise destroying or committing any act which will lead to the eventual destruction of trees, including, but not limited to, use of invasive plant species, poisoning, tree topping, and damage including filling to the critical root zone of six or more trees with a diameter at breast height (DBH) of six inches or greater, or destruction of a cluster of four or more trees with a DBH of eight inches each within a five-hundred-square-foot area, or treed areas of any DBH on slopes of greater than 30%; also see § 57-84G. Said trees shall be located on the same lot or lots that are sharing one or more boundary lines and are owned or controlled by a common person. The terms "person" and "lot" are defined herein by § 57-3 of this chapter. The clearance of land includes but is not limited to the clear cutting of access roads and/or rights-of-way to be used for the movement of construction vehicles in anticipation of site or subdivision plan approval, except as necessary to gain limited access for deep pit and percolation tests and/or well drilling and only upon consent of the Planning Board to conduct such activities.
(2) 
The Planning Board, in its discretion, may waive the submission of a tree plan where it determines that the proposed subdivision, site plan or special permit application will not involve the removal of any trees regulated in accordance with § 57-83A(1) above.
(3) 
Prior to approval of any tree plan by the Town of Monroe Planning Board, the Planning Board shall refer the tree plan to the Monroe Conservation Commission for advisory comments as related to the development's impacts on trees or other natural features on the property in accordance with § 57-84N below.
B. 
Tree plan required for building permit.
(1) 
When site plan, special permit, or subdivision approval is not required and an applicant is seeking a building permit, a permit pursuant to a tree plan shall be required from the Town of Monroe Building Inspector prior to cutting down, tree topping, killing or otherwise destroying or committing of any act which will lead to the eventual destruction of six or more trees with a DBH of six inches or greater per twelve-month period, on the same lot or lots that are sharing one or more boundary lines and are owned or controlled by a common person. The terms "person" and "lot" are defined herein by § 57-3 of this chapter.
(2) 
Tree plan for disturbance to landmark, native, protected and specimen trees. There shall under no circumstance be use of invasive plant species, disturbance of or fill placed within critical root zones of landmark, native, protected and specimen trees as defined in this chapter without a permit issued by the Building Inspector after review by the Monroe Conservation Commission. Such permit shall be granted after evaluation of a tree plan with sufficient detail as to reasonably demonstrate to the Building Inspector the number of trees expected to be cleared, and the necessity therefor. Prior to issuance of such permit, the Building Inspector will provide a duplicate copy of all application materials to the Monroe Conservation Commission whereupon it shall recommend approval or denial of the application within 30 calendar days of receipt of the application. A permit may be issued by the Building Inspector following the referral period. The Commission may request an extension of the review period, not to exceed an additional 30 calendar days.
(3) 
No native tree shall be removed from slopes with grades of 30% or greater except with a permit from the Town of Monroe Building Inspector after the Inspector determines that such tree is dead or hazardous or otherwise poses a health or safety hazard. The Building Inspector may solicit and accept an opinion letter from a landscape architect, arborist or forester of the status of such tree in terms of the criteria provided for herein, if the applicant who wishes to cut down a tree disagrees with the finding of the Building Inspector on whether the tree is dead or hazardous; whereupon the opinion letter or a report to the Building Inspector shall be forwarded to the Conservation Commission for pre- and post-tree removal inspection. The Monroe Conservation Commission shall be authorized to review and comment on opinions or reports within 30 calendar days. (See Article II, § 57-3, for definition of a "dead tree" and "hazardous tree" for the purpose of this chapter.)
(4) 
Prior to approval of any tree plan by the Building Inspector, the Building Inspector shall refer the plan to the Monroe Conservation Commission. The Monroe Conservation Commission shall be authorized to review and comment on opinions or reports in accordance with § 57-85 below.
C. 
Fines. Tree clear cutting or selective species cutting as defined in § 57-3 or tree topping as defined in § 57-3 in advance of subdivision, site plan approval, or permit approval for the purposes of circumventing the regulations found in this article shall be subject to fines as defined in § 57-90 and no application for subdivision or site plan approval shall be accepted for a period of three years as measured from the date of the clearing of the trees or the date of clearing as estimated by the Building Inspector.
D. 
Signs. No sign shall be placed, affixed, or attached to any tree, except for signs commonly known as "no trespassing" signs or "no hunting" signs, or signs warning of a dangerous condition.
A. 
All applicants shall be required to submit a tree plan prior to or simultaneously with preliminary subdivision, special permit or site plan application. Where an applicant has been required to submit a draft environmental impact statement ("DEIS") as part of any land use approval, a tree plan shall be part of said submission. Where an applicant is not required to submit a DEIS, a tree plan will be submitted as part of the preliminary subdivision plat, special permit or site plan application. All applications that require a tree plan shall be submitted for review and comment to the Monroe Conservation Commission as described in § 57-82H.
B. 
The Planning Board, with or without modifications, shall render a decision on the tree plan, as part of the subdivision, site plan or special permit application. Any approval shall be conditioned upon compliance with the tree plan approved by the Planning Board.
C. 
The tree plan shall be included in the proposed development plans and shall include maps prepared with sufficient detail to illustrate the location and general characteristics of the existing vegetation before requested development and of revegetated areas after completion of the development as follows:
(1) 
A developer shall submit a tree plan in a scale and number consistent with the rules governing the submission of plat plans described in Article VI and Chapter A65: Subdivision Regulations.
(2) 
Detail the location of orchards, tree stands, rock outcroppings, stone walls, streams, lakes, ponds, wetlands and other water bodies, all specimen, landmark or protected trees as defined in this article, and all other natural features throughout the entire parcel(s) to be subdivided.
(3) 
Delineate an envelope on each parcel(s) or portion of property anticipated to become separate tax map parcel where disturbance is planned, outside of which will be considered an area of nondisturbance by development and construction activities.
(4) 
Detail, within the proposed area of disturbance, tree stands as to density and general genus (i.e., oak, pine, etc.) and identify the number and species of individual trees having six inches caliper at DBH.
(5) 
All trees that are identified and described above that are proposed to be removed shall be clearly detailed on such map.
(6) 
Such tree plan shall demonstrate how required buffers, open space and trees to be saved will be protected during construction, whether with safety fencing or other approved alternative, the sequence of which is approved by the Planning Board or its designee who shall be an engineer, an arborist, forester, registered landscape architect or similarly qualified individual.
(7) 
Such maps should be overlaid on the detailed subdivision plan and/or site plan so that the roads, main and accessory structures, rights-of-way, easements and utility lines are clearly shown in order to be able to evaluate the impact of development on trees. Clustering in accordance with New York State Town Law § 278 may be considered when it is deemed a viable option for protecting trees on the property.
(8) 
The tree plan shall designate buffer zones of at least 15 feet along all perimeters of the tree stands to be protected, as well as critical root zones around existing trees, where trees will not be removed or disturbed except as permitted herein.
D. 
All trees to be preserved during construction shall be conspicuously marked on all sides. Conspicuous marking of the width of the tree canopy shall be required to satisfactorily achieve the goals of protection for groupings of trees, prior to construction beginning in that area.
E. 
Detail the number and type of trees, on a one-to-one basis or on a basis acceptable to the Planning Board, added to the property (or added elsewhere in the Town of Monroe) as requested by the applicant and approved by the Planning Board and the Monroe Conservation Commission, to replace those taken down. In lieu of replacing all trees taken down, the Planning Board may, upon the request of the applicant, authorize the applicant whose tree plan is being considered to pay to the Town Parkland Account a fee of $750 per tree which is being removed and not replaced, and a fee of $350 per tree of six inches DBH or more that is being replaced on another site. These fees shall be increased upon certified evaluation by an arborist, forester or landscape architect of the current value of each removed or replaced tree. These funds will be earmarked for the protection of forests and parklands or public property in the Town of Monroe and for replanting as recommended by the Monroe Conservation Commission.
F. 
The applicant shall provide any and all additional information required by the Planning Board with respect to trees for the purpose of fulfilling the intent of this article.
G. 
Trees and their critical root zones shall be protected in areas of concentrated construction, storage of soil stockpiles or other equipment or material, parking, movement of construction equipment, or parking thereof, or similar activity.
H. 
The tree plan shall be noted on all filed maps, and deeds must have a reference to restrictive covenants as per the site plan.
I. 
The tree plan shall designate penalties and shall require performance bonding (letters of credit and/or cash bond) to ensure compliance with the approved tree plan.
J. 
As part of any application to the Planning Board, the applicant shall sign a statement as follows:
"I have read or am otherwise hereby being directed to a copy of the Town of Monroe Tree Preservation Article, Article XX of Chapter 57 of the Town Code of the Town of Monroe. I understand a copy of such article is available on the Town of Monroe's Internet website, www.monroeny.org. I understand generally that the Tree Preservation Article relates to my responsibilities when it comes to tree removal and tree planting and agree to follow such article."
Signed:
Date:
Print name:
Planning Board application for:
K. 
The tree plan shall be noted on all filed maps, and deeds must have a reference to restrictive covenants as per site and tree plans.
L. 
The tree plan shall designate penalties and may require performance bonding to ensure compliance with the approved tree plan.
M. 
All development activities on a site, including installation of public and private utilities shall be indicated on and conform to the provisions of the approved tree plan as described in § 57-83. In addition, stormwater management plans, prepared in accordance with Chapters 44 and 46, shall be incorporated into the tree plan.
N. 
Prior to approval of any tree plan authorized for approval by the Planning Board of a subdivision, special permit or site plan application, the Planning Board shall refer the application to the Town of Monroe Conservation Commission in order to obtain advisory comments on the tree plan, the site plan or subdivision plans as related to its impact on trees or other natural features and vegetative growth on the property. Such referral will allow the Conservation Commission 30 calendar days to comment on the tree plan prior to any final decision of the Planning Board. Subdivision, special permit or site plan approval may be granted by the Planning Board following the thirty-day review period whether comment is received or not received from the Town of Monroe Conservation Commission. The Conservation Commission is directed to address the following as it relates to tree plans that are submitted by applicants during the subdivision and site plan approval process:
(1) 
The tree plan is representative of the forested areas on the site;
(2) 
The tree plan avoids development disturbance of heavily treed areas and sensitive ecological areas to the greatest extent possible;
(3) 
The presence of landmark, specimen and protected trees that have been identified by the Conservation Commission;
(4) 
Professional fees assessed to the application for tree permit resulting from the cost to the Town of Monroe when an independent report from a landscape architect, arborist or forester is required by the Conservation Commission in the performance of its duties under this chapter.
A. 
Prior to approval of any permit which requires submission of a tree plan to the Building Inspector in accordance with § 57-83, the Building Inspector shall refer the tree plan to the Monroe Conservation Commission, who shall review it for consistency with the intent of this article and the following conditions:
(1) 
The approval of such tree plan shall not be detrimental to the sustainability of the surrounding forests, water resources, native animals and vegetative growth;
(2) 
The approval of such tree plan advances the needs of the applicant in a way that represents the removal of the fewest trees possible from the site;
(3) 
The Monroe Conservation Commission shall consider the impact on landmark, native, protected and specimen trees; and
(4) 
The Monroe Conservation Commission is authorized to seek the professional advice of a landscape architect or arborist. Where professional advice is obtained, such cost of the professional advice shall be borne by the applicant as it directly relates to the application.
B. 
Where an applicant wishes to remove more than six trees per acre, or any species of a native, landmark, protected or specimen tree from his or her property in any twelve-month period, he or she shall submit a tree plan to the Town of Monroe Building Inspector. Such plan shall:
(1) 
State specifically how many trees the property owner wishes to take or cause to be removed;
(2) 
State specifically where in the Town of Monroe the property owner proposes to plant replacement trees for those trees beyond six trees which are to be taken or removed in that twelve-month period (the consent of the property owner where the trees are to be planted must be demonstrated to the satisfaction of the Building Inspector if it is not on the same property);
(3) 
State the genus and species of the tree to be planted (such genus and species must be to the reasonable satisfaction of the Building Inspector to address trees which are appropriate for the climate and soils of the Town of Monroe. A list of such trees shall be provided to the Building Inspector by the Conservation Commission);
(4) 
If the property owner is unable to have replacement trees planted, the property owner shall contribute to the Town of Monroe's parkland fund for the enhancement of the Town of Monroe's parklands, which generally enhances the health of the people of the Town of Monroe by ensuring trees are planted and growing, thereby producing oxygen and better air quality, in the amount of $750 per tree, in excess of six or more trees to be taken during the twelve-month period.
C. 
The Building Inspector, in consultation with the Monroe Conservation Commission, is authorized and directed to develop a tree plan application which shall contain information required by the Building Inspector to fulfill the requirements of this article with regard to tree removal and replacement. The tree plan application shall contain authorization for Town of Monroe employees to have access to the property upon notification to the applicant. In addition, property liability coverage shall be provided naming the Town of Monroe an additional insured for purposes of carrying out the provisions of this chapter.
D. 
The Building Inspector shall maintain a "tree bank" which shall be a list of people in the Town of Monroe who wish to have native trees planted on their property. Such list shall state the minimum number and genus/species of tree each property owner on the tree bank list desires. Merely being listed in the tree bank does not constitute consent under any circumstances for the trees to actually be planted. The trees shall be offered under the tree bank on a first-come first-serve basis or in a manner otherwise approved in a random process by the Town Board via resolution.
E. 
All trees planted as replacement trees shall be no less than 2 1/2 inches caliper at DBH.
F. 
The fee for review of the tree plan application unrelated to subdivisions shall be established by resolution of the Monroe Town Board.
A. 
Nothing in this article shall be construed herein to diminish the rights of the Superintendent of Highways of the Town of Monroe or appropriate highway management authorities from the County of Orange or the State of New York.
B. 
Nothing in this article shall be construed herein to diminish the rights of certified nurseries and greenhouses from tree topping and tree removal conducted in the performance of trade or professional activities on property owned by the certified nurseries and greenhouses. Certified nurseries and greenhouses shall be licensed by the Division of Plant Industry of the New York State Department of Agriculture and Markets and shall be on the current Division of Plant Industry's New York State Certified Nurseries and Greenhouses List.
C. 
Removal of any tree under an actual or ongoing emergency condition when such tree removal is necessary for the protection and preservation of life or property is permitted. Within one week of said removal, notice by the property owner of such removal under emergency circumstances shall be provided in writing (including regular mail or express mail or electronic mail or facsimile or hand-delivered notice) to the Town of Monroe Building Inspector.
D. 
Removal of any tree, other than those trees within a property's landscape buffer zone or regulated setback zone, by any cemetery.
E. 
Removal of dead trees permitted. The removal of dead trees is permitted in any amount and shall not count against any tree removal limitation provided such trees are determined to be dead by an arborist, forester or landscape architect prior to their being removed. Dead trees need not be replaced once removed except upon the direction of the Planning Board as part of any subdivision or site plan approval. Trees shall not be purposely killed in order to justify removal.
Any department, agency, commission of the Town of Monroe, employee of the Town of Monroe, or any firm or individual retained by the Town of Monroe to cut down, or cause to be cut down, any native tree of six inches or more DBH, with the exception of the Town of Monroe Highway Department for right-of-way maintenance, must also be in compliance with all provisions of this article.
A. 
No street trees, other than those species listed as small trees suitable for planting near utility wires by any utility company may be planted under or within 10 feet of any overhead utility wires.
B. 
Tree limbs that have grown near high-voltage electrical conductors shall be maintained clear of such conductors by the electric utility company in compliance with any applicable franchise agreements.
C. 
Any utility company having control over transmission or distribution lines along a public highway, street, or road within the Town of Monroe shall at all times protect the trees within its easement against any injury.
D. 
The Town of Monroe Building Inspector must be notified by any utility company desiring to undertake trimming of trees within the Town. Trimming is to occur under the following guidelines:
(1) 
In general, trees will be permitted to grow naturally except where branches are growing 10 feet from wires or utility poles.
(2) 
Overhead clearance of at least 10 feet will be permitted where tree limbs cross over wires.
(3) 
All debris from trimming operations must be cleaned up as work progresses by the utility company or its agent.
(4) 
Upon completion of trimming operations within the Town of Monroe, notice of completion must be given to the Town of Monroe Building Inspector within two weeks.
A. 
Removal of timber in quantities greater than three standard cords of wood from any parcel of land within any twelve-month period shall require a timber-harvesting permit. Such permit may only be granted by the Planning Board upon review and recommendation for approval by a cooperating consulting forester of the New York Institute of Consulting Foresters hired by the Town of Monroe. The costs of any consulting forester reviewing the timber harvest application (or harvest itself), or other professional including the Town Engineer or Town Attorney (or Planning Board Attorney), shall be payable to the Town of Monroe by the applicant. All applications for timber harvesting shall be referred to the Town of Monroe Conservation Commission which shall review and comment upon the timber-harvesting application to the Planning Board Chairman within 30 calendar days.
B. 
Application requirements. The following shall be provided as part of the application for a timber-harvesting permit:
(1) 
Name, address and phone number of the property owner and harvester (if different from property owner).
(2) 
Location map and tax parcel number of the property where the timber-harvesting operation is to take place.
(3) 
The commencement and end dates between which the proposed harvesting activity is to take place. Such permit shall expire at the conclusion of such end date. Such end date shall not be longer than 12 months from the date of the permit's issuance.
(4) 
Evidence of no unpaid taxes or assessments affecting or constituting a lien on the premises described in the application.
(5) 
Identify all landmark, specimen and protected trees. The Planning Board in considering the timber-harvest application is expressly authorized, in addition to all other authority, to limit the removal of landmark, specimen, or protected trees.
(6) 
Plan of operation. A plan of operation shall be presented as part of the application for timber harvesting. The plan shall show compliance with the following elements of the timber-harvesting operation:
(a) 
That the property owner or timber harvester shall have retained a cooperating consulting forester to conduct or oversee the timber harvest. Such cooperating consulting forester shall follow the practices of the New York Institute of Consulting Foresters.
(b) 
Timber harvesting shall be conducted so that the operation does not interfere with any natural watercourse or the natural drainage of the property.
(c) 
No timber within 50 feet of a public roadway shall be cut.
(d) 
No timber within 50 feet of any property line less than 150 feet long shall be cut.
(e) 
No timber within 30 feet of any property line longer than 150 feet shall be cut.
(f) 
Soil erosion control measures to be in place at the commencement of the timber-harvesting operation.
(g) 
Location of road access and curb cuts (driveways) necessary to conduct timber-harvesting plan of operation.
(h) 
All timber-harvesting operations shall be conducted in compliance with the Town of Monroe noise ordinance.
(i) 
Best management practices shall be observed for all aspects of timber harvesting. Selective harvesting, erosion, sedimentation controls and removal of invasive plant species are considered a best management practice.
(j) 
Slash shall not be burned; but shall be chipped or stacked according to best management practices. Slash consists of the debris that remains after the timber is harvested.
(k) 
A replanting plan for trees taken as part of the timber harvest shall be required.
(7) 
The fee established by resolution of the Town Board for the review of the timber-harvesting permit application.
C. 
Planning Board review. The Planning Board shall, as part of its consideration of the issuance of the timber-harvest permit, conduct a public hearing, make such additional permit requirements as it believes are necessary to ensure the purposes of the comprehensive plan of the Town of Monroe and all other applicable laws are carried out. The public hearing notice shall be sent by the applicant by first class, return receipt requested mail, at least 14 calendar days before the public hearing to owners of record of all adjacent parcels of land as well as to owners of record of land within 750 feet from the trees that are to be removed. In addition, notice of the public hearing shall be published at least 14 calendar days in the official paper of the Town of Monroe.
D. 
Term of permit. Any permit granted pursuant to the terms herein shall be for a period not to exceed one year. The granting of a permit shall not be held to supersede any other state, county or federal laws, requirements or regulations affecting land use.
E. 
Completion of operation. At the termination of the permit approval period, any structure, improvement, equipment or machinery erected, placed or maintained upon the premises in accordance with the permit shall be removed, unless such structure, improvement, equipment, or machinery shall be approved to stay on the premises by Town Board Resolution.
F. 
Penalties. Any person, firm or corporation, or individual connected with such firm or corporation who violates any provision of this article shall be guilty of a violation, the fine for which shall not exceed $1,000 for a first offense. For a second and further offense within a three-year period, the violator shall be guilty of a violation punishable by a fine of not more than $3,000 for each offense. Persons, firms or corporations, or individual connected with such firm or corporation, found in violation of the provisions of this article shall be required to replant trees in the locations from which they were improperly removed or destroyed in order to return the property or site to its original condition; or, if that is not practicable, in such locations as the Building Inspector shall authorize elsewhere in the Town of Monroe, or shall otherwise pay an additional fee to the Town of Monroe Parkland account of $750 per tree improperly removed or taken when such tree cannot be replanted at the location it was removed from or destroyed at. These penalties shall be increased upon certified evaluation by an arborist, forester or landscape architect of the current value of each removed or replaced tree.
The Building Inspector of the Town of Monroe shall enforce this article. Any site for which a permit application has been submitted, pursuant to the provisions of the Town of Monroe Code, shall be subject to inspection by the Building Inspector or Town Engineer upon notice to the property owner and/or applicant at any reasonable time, including weekends and holidays, by the approving authority or its designated representative. The applicant, by making application, shall be deemed to have given consent to such inspection. If any tree(s) subject to the provisions of this article, buffer zone and/or critical root zones are damaged, the Building Inspector has the authority to issue a stop-work order to be valid until such time as violations are deemed remedied by the Town Engineer or Building Inspector and all penalties levied pursuant to this article have been paid.
Any person, firm or corporation, or individual connected with such firm or corporation who violates any provision of this article shall be guilty of a violation, the fine for which shall not exceed $1,000 for a first offense. For a second and further offense within a one-year period, the violator shall be guilty of a violation punishable by a fine of not more than $3,000 for each offense. Persons, firms or corporations, or individual connected with such firm or corporation, found in violation of the provisions of this article shall be required to remove, if applicable, invasive plant species; replant trees in the locations from which they were improperly removed or destroyed; and pay an additional fee to the Town of Monroe Parkland account of $750 per tree improperly removed or destroyed.
At the time of public improvement bonding (which shall be via a letter of credit, cash deposit or other form approved by the Town), the cost of complying with the provisions of this article shall be estimated and included in the bond amount in a public improvement security agreement or interim developers agreement (see Chapter 36) approved by the Town Engineer, Town Attorney, and Town Board.
The Conservation Commission shall compile the Town's lists of landmark, native, protected and specimen trees, as defined in § 57-3, upon enactment of this article and through nomination from tree owners, interested parties within the community, and the Town and Village Historians. Such list shall be, after approval or modification by the Town Board, appended to this chapter and may be updated by resolution of the Town Board as an appendix to the Town Code of the Town of Monroe.