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.)
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:
(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:
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"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."
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Signed:
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Date:
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Print name:
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Planning Board application for:
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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.
