[HISTORY: Adopted by the Board of Trustees
of the Village of Montebello 1-21-1998 by L.L. No. 1-1998. Amendments noted where
applicable.]
This chapter shall be known and may be cited
as the “Tree Preservation and Landscape Maintenance Law of the
Village of Montebello.”
It is the intention of the Village of Montebello
to retain the rural appearance of the community. Said rural appearance
is a consequence of its existing wooded character and streetscape.
Toward that end, the Village Board has implemented these regulations
for the following purposes:
A.
To preserve an important attribute of the Village,
by encouraging owners of existing developed lands, and developers
of lands, to save or replace as many native and mature tree species
as possible when making improvements to real property.
B.
To control and regulate indiscriminate and excessive
removal, cutting, and destruction of trees in order to regulate and
prevent conditions which cause increased surface runoff, soil erosion,
and cause decreased soil fertility;
C.
To maintain the stability and value of real estate
by preserving existing woodlands and providing for the appropriate
aesthetic of the streetscape; and
D.
To ensure the continued maintenance of landscaping
in accordance with site plan or subdivision plan approvals, or in
accordance with the regulations contained herein.
For the purposes of this chapter, 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 shall include the future, words in the plural number
include the singular and words in the singular include the plural.
The word "shall" is always mandatory and never discretionary.
The payment into the Tree Fund, in lieu of a compensatory
planting, of a sum determined to be equivalent to the cost of trees
to replace those removed as based upon a per inch of caliper or circumference
formula. An associated payment schedule is to be established and amended
from time to time by resolution of the Village Board.
[Added 6-18-2008 by L.L. No. 3-2008]
The planting of replacement trees determined to be equivalent
to those removed.
[Added 6-18-2008 by L.L. No. 3-2008]
A tree with no sign of life or which is so late in an irreversible
disease process or is so severely damaged that it is highly probable
that it will be rendered dead within one year.
[Added 6-18-2008 by L.L. No. 3-2008]
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Planning Board of the Village of Montebello.
Security as provided in this chapter shall be in cash.
A tree located in the right-of-way or shade tree easement,
either previously dedicated or to be dedicated to the Village, except
where otherwise indicated.
A shade tree easement is a five-foot-wide easement parallel
to a road right-of-way granted by the property owner to the Village,
that has been established beyond the right-of-way line for the purposes
of planting shade trees and for future maintenance of these plantings.
As defined in Chapter 163, Subdivision of Land, of the Village of Montebello.
A woody plant, the branches of which spring from and are
supported upon a main trunk, with a caliper of four or more inches
at the point of maximum width measured four feet from the ground.
[Added 6-22-2005 by L.L. No. 4-2005;
amended 6-18-2008 by L.L. No. 3-2008]
A fund to be established, maintained and utilized as directed
by the Village Board, the purpose of which is to plant replacement
trees throughout the Village as deemed appropriate with the guidance
of the Historic Preservation and Parks Commission.
[Added 6-18-2008 by L.L. No. 3-2008;
amended 2-26-2019 by L.L. No. 1-2019
An individual, collection of individuals or business entity
for hire who or which is engaged in the business of providing services
with respect to trees, such as removing, pruning, trimming, planting,
stump grinding, cabling, and brush chipping and removal.
[Added 6-18-2008 by L.L. No. 3-2008]
Village of Montebello.
A road and/or right-of-way under the jurisdiction of the
Village.
The Village Engineer of the Village of Montebello.
A.
Planting of trees required. Any person who obtains
final subdivision or site plan approval from the Planning Board of
the Village of Montebello, County of Rockland, State of New York,
shall have shade trees planted upon the property on which such construction
is located. Such trees are to be planted within five feet of the right-of-way
of the public road(s) or roads abutting said property, this being
set aside as a shade tree easement as shown on the approved subdivision
plat. One tree shall be planted for every 40 feet of existing or new
road frontage of said property unless the Planning Board waived this
requirement in whole or in part upon final subdivision approval.
B.
Exceptions. The Village Planning Board may grant a
shade tree waiver, in whole or in part, only if there are existing
trees growing along such right-of-ways or on the abutting property
near the street property line which, in the opinion of the Village
Planning Board, complies with the intent of this chapter. Waivers
may also be granted when a landscaping plan has been approved for
the project by the Planning Board.
C.
Approval of trees and planting required.
(1)
New trees to be provided pursuant to this chapter
shall be approved by the Village Engineer, and shall be planted in
accordance with specifications, rules and regulations promulgated
by the office of the Village Engineer and kept on file at Village
Hall.
(2)
The cost of furnishing and planting all trees that
are required to be planted by the Planning Board must be deposited
in the form of a separate security with the Village Clerk-Treasurer.
The security shall be established whether the person obtaining subdivision
approval constructs the public improvements before filing the subdivision,
or alternatively, provides such additional security for the public
improvements in anticipation of filing the subdivision plat.
(3)
The amount of the security to be established shall
be stipulated in the Village's fee schedule, which schedule is revised
and readopted from time to time. The amount is to be calculated by
multiplying the linear foot length of the shade tree easement in the
subdivision or on the site, by the unit price established in the fee
schedule, such price being reflective of the cost of planting shade
trees at approximately forty-foot centers.
(4)
The security shall be established to ensure the shade
tree plantings in accordance with the provisions of this section.
The security shall also guarantee that the trees so planted will survive
in good condition for two years following their planting. The money
so deposited will be held in the same account as money paid in lieu
of planting.[1]
D.
Permitted planting period. In order to preserve the
new shade tree plantings, tree planting work shall not be permitted
to commence until all road and utility construction is complete and
the road has been recommended for dedication to the Village by the
Village Engineer. Further, certain plantings may not be permitted
to be planted at that time, where, in the opinion of the Village Engineer,
new construction in or near the road frontage may damage the new plantings.
Tree plantings may only be performed during the planting seasons described
in the horticultural guidelines referenced in the Village's rules
and regulations for the shade tree plantings.
E.
Payment in lieu of planting. In lieu of planting shade
trees in accordance with this chapter, a person may deposit with the
Village Clerk-Treasurer, in cash or by good certified check, the appropriate
sum to cover the cost of all plantings, which money shall be held
by the Village of Montebello to be used for the sole purpose of planting
and maintaining shade trees required by this chapter. After the effective
date of this chapter, no roadway shall be accepted for dedication
until the Village Engineer shall duly inform the Village that compliance
to this chapter, when required, has been fulfilled under the provisions
of this chapter either through completion of the planting work, posting
of the security, and/or payment in lieu of planting.
F.
Requirements for plantings under approved site plan. Any person or persons obtaining a building permit from the Building Inspector of the Village of Montebello and which construction is based on a site plan approved by the Planning Board for the construction of a commercial office, school, church, fraternal, benevolent, industrial, or similar nonresidential building shall plant trees in accordance with the rules, regulations and specifications of the Village, and shall deposit a separate security as stipulated in the Village's fee schedule to ensure the replacement of any tree plantings found to be dead or dying after two growing seasons as per § 176-6, prior to the issuance of a certificate of occupancy.[2]
G.
Return of security. All securities posted with the
Village will be returned in the full amount deposited upon application
of the persons or their successors who posted such security, upon
presentation of certificate of substantial completion and acceptance
of the shade trees, as authorized by the Village Engineer. Application
for release of said security may be made at the following times.
(1)
Release of 50% of security deposit - one calendar
year following the last planting.
(2)
Release of 75% of security deposit - two calendar
years following the last planting.
(3)
Release of 100% of security deposit - 30 months following
the last planting. If the required shade trees are not furnished and
planted within 180 calendar days following the Village's notice to
complete the plantings, the Village shall, after proper notice, utilize
said security for the installation of the shade trees.
A.
Maintenance required. The owner and each successive
owner of any property which has received site plan or subdivision
approval, or any tenant or agent of said property, if any, shall be
jointly and severally responsible for the maintenance of all landscaping
materials which shall be maintained in good condition so as to present
a healthy, neat and orderly appearance, and the perimeter area shall
be kept free from refuse and debris. This shall include, but not be
limited to, pruning, fertilizing, watering, mowing, weeding, and other
such activities necessary to the proper maintenance of the landscaping.
Said maintenance shall extend to individual lots created by said subdivision
of property.
B.
Inspections. The Building Inspector, the Village Engineer,
or other Village Board designated representative, shall be authorized
to inspect periodically all landscaping and screening as approved
by the Planning Board as part of site plan or subdivision plan approval,
or investigate complaints made by any official or private citizen
concerning the maintenance of any such landscape materials.
C.
Notice upon failure to maintain landscaping. Where
any owner of property to which this article applies fails to reasonably
maintain the required trees, landscaping, or screening devices, or
maintain the property so as to comply with any requirement of this
section, the Village Building Inspector may issue a written notice
and order to the owner requiring the owners to replace any dead or
dying trees or landscape plant materials that were required as part
of site plan or subdivision plan approval; or require any other action
otherwise necessary to abate or correct any condition to meet the
requirements of this section.
D.
Replacement-in-kind. Any plant that dies must be replaced
with another living plant that complies with the landscape plan included
as part of the site plan or subdivision plan within 90 days after
notification by the Village. The plant may be replanted at a later
date to be established by the Village Engineer to ensure the landscape
material is planted in the appropriate growing season.
A.
Prohibited activities. Except as permitted herein,
no person shall do or cause to be done by others, either purposely,
carelessly, or negligently, any of the following acts upon privately
owned property within the Village of Montebello:
(1)
Cut, destroy, remove, or substantially injure any tree except as may be permitted in Subsection B, permitted activities, below.
(2)
Place or maintain upon the ground any substance or
impervious surface which would impede the free access of air and water
to the roots of any tree.
(3)
Apply any substance to any part of a tree, including
the roots, with the intent to injure or destroy the tree.
B.
Permitted activities. Notwithstanding the restrictions
above, the following activities shall be permitted:
[Amended 6-22-2005 by L.L. No. 4-2005; 6-18-2008 by L.L. No.
3-2008]
(1)
The cutting, pruning, or trimming of trees in a manner
that is not harmful to the health of the tree.
(2)
The cutting, destruction or removal of trees which are dead or imminently dead or which endanger public safety and pose imminent peril, such condition confirmed by the Village Engineer, or his or her designee as chosen by the Village Board of Trustees, with the assistance of an arborist if the Village Engineer or designee believes same necessary to facilitate making an informed decision in the circumstances, in the form of a permit issued after application and after payment of a permit fee set by said Board by resolution, and prior to cutting or removal. Application for this permit shall include a map of the property identifying the location of said tree or trees and supporting evidence (e.g., photographs, report of an arborist) indicating the reason for removal. Any person who cuts, destroys or removes trees for said purpose without first obtaining a permit because he or she believed that public safety was endangered or an imminent peril posed shall submit a written application to the Planning Board made within five days after the cutting, destruction or removal of trees has occurred, except that the period is extended to 20 days if the removal occurs due to an extreme weather condition, such as a hurricane, which is known to have damaged a significant number of trees in the Village. In the case of removal without a permit, independent proof (such as a photograph, police report or arborist's certification) is required in accordance with § 176-6D, Exceptions, in order to obtain approval from the Planning Board excepting said person from the regulations contained herein. The Planning Board may also request the Village Engineer, Village Planner or other Village consultant to assist in evaluating such applications. The fees charged to the Village by all such consultants shall be paid by the applicant. Removal of trees for nonimminent perils shall be governed by § 176-6B(4).
(3)
Upon receipt of a permit after application to the
Village Engineer or other designee of the Village Board and payment
of a permit fee set by said Board by resolution,[1] the cutting or removal of not more than one tree per 10,000 square feet of lot area during any two-year period but, irrespective of lot area, in no event removal of more than eight trees per lot in any two-year period, or 12 trees in any six-year period, unless said removal is in accordance with a site or subdivision plan duly approved by the Planning Board. [See Subsection B(6), below.] In the latter case, trees shall have been identified on said plans, and no additional trees shall be cut without approval of the Planning Board. For the purpose of this provision, "year" shall be construed to be the calendar year.
[1]
Editor's Note: The application form for a
tree removal permit is available in the Village offices.
(4)
The cutting, removal or destruction of a tree as necessary to construct any structure for which a building permit has been issued by the Building Inspector and which does not require subdivision or site plan approval, provided said cutting, removal or destruction is reasonably kept to the minimum required to construct said structure. Any application shall indicate the extent of tree removal on the property. The Building Inspector, upon review of a building permit application which requires extensive tree cutting or removal, shall refer said application to the Planning Board for approval in accordance with Subsection D, Exceptions, below. "Extensive," for the purposes of this provision, shall be defined as the cutting or removal of more trees than permitted as of right for the subject lot pursuant to Subsection B(3). In the case of such a referral, a compensatory planting or compensatory payment shall be made, as directed by the Planning Board.
(5)
The cutting, removal or destruction of any tree pursuant
to an order or directive of the Village, the county, or a state agency.
(6)
The cutting or removal of trees as shown on an approved site plan or subdivision plan or a plan approved by the Planning Board. [See Subsection B(3), above.]
(7)
The necessary cutting, removal or destruction of trees
by a utility provider for the purposes of power, cable, telephone,
water or sewer service, provided that all utility companies shall
notify the Village Clerk of any tree trimming schedule prior to commencing
tree trimming operations. Such activities shall not exceed the requirements
of serving the needs of the utility as determined by the New York
State Public Service Commission (PSC).
C.
Excluded activities. The provisions of this chapter
shall not apply to activities involving trees within the public rights-of-way
or publicly owned properties.
D.
Exceptions. Upon written application to the Planning
Board, and after payment of a permit fee set by the Board of Trustees
by resolution, the Planning Board may, by resolution, grant an exception
from any of the requirements of this chapter. The decision by the
Planning Board shall be made within 30 days of receipt of the request
or at the next regularly scheduled Planning Board meeting if not within
30 days. The Planning Board may grant such exceptions from the requirements
of this chapter as may be reasonable and within the purposes and intent
of this chapter if the enforcement of one or more of the provisions
is impractical or will exact undue hardship because of peculiar conditions
pertaining to the property in question but, in so granting, may require
that a compensatory planting or compensatory payment be made. The
Planning Board may also request the Village Engineer, Village Planner
or other Village consultant to assist in evaluating such applications.
The fees charged to the Village by all such consultants shall be paid
by the applicant.
E.
Planning Board review standards and fees. Where an
application is submitted to the Planning Board to remove tree(s),
said permit may be granted only for the following reasons and under
the following conditions:
(1)
Where the location of an existing tree or trees provides no alternative but to place a proposed structure outside the permitted building setbacks, and only if a said tree or trees to be removed are replaced on the property as a compensatory planting, or a compensatory payment is made to the Tree Fund, as directed by the Planning Board, to the extent removal exceeds the number of trees which may be removed as of right for the subject lot per Subsection B(3).
(2)
Where no other reasonable alternative exists for the placement of a building, building addition, structure, septic field, driveway, deck, patio, lawn area, or garden area other than in the vicinity of an existing tree or trees, and only if a compensatory planting is made elsewhere on the property or a compensatory payment is made to the Tree Fund, as directed by the Planning Board, to the extent removal exceeds the number of trees which may be removed as of right for the subject lot per Subsection B(3).
(3)
Where the area proposed for tree removal is to be occupied by a power, drainage, sewer or other utility easement or right-of-way or where the area of tree removal is 20 feet or less from either side or around the perimeter of the foregoing, and only where there is no viable alternative route for such right-of-way, and the owner of the right-of-way requires such removal, and only if a compensatory planting is made elsewhere on the property or a compensatory payment is made to the Tree Fund, as directed by the Planning Board, to the extent removal exceeds the number of trees which may be removed as of right for the subject lot per Subsection B(3).
(4)
Nonimminent peril.
(a)
At the discretion of the Planning Board, and
upon the express written finding of an arborist having ISA certification
or having other comparable credentials acceptable to the Planning
Board or other expert opinion acceptable to the Planning Board, that
the proposed removal will alleviate a nonimminent peril to public
safety or will likely not result in or cause, increase or aggravate
any of the following conditions:
[1]
Impaired growth or development of the remaining
trees or shrubs on the property of the applicant or upon adjacent
property;
[2]
Soil erosion sediment or dust, drainage or sewerage
problems or any other reasonably foreseeable dangerous or hazardous
condition;
[3]
Have a significant adverse impact upon existing
biological and ecological systems;
[4]
Significantly affect noise pollution by increasing
noise levels to such a degree that a public nuisance may be anticipated
or by significantly reducing the noise-dampening effect of vegetation
near sensitive noise receptors;
[5]
Significantly affect wildlife habitat available
for wildlife existence and reproduction by causing emigration of wildlife
to adjacent or associated ecosystems; or
[6]
Significantly denude a visible buffer between
adjacent properties.
(b)
Such certification does not represent relief from the independent requirement that a compensatory planting be made elsewhere on the property or a compensatory payment be made to the Tree Fund, as directed by the Planning Board, to the extent removal exceeds the number of trees which may be removed as of right for the subject lot per Subsection B(3). The Planning Board may also request the Village Engineer, Village Planner or other Village consultant to assist in evaluating such applications. The fees charged to the Village by all such consultants shall be paid by the applicant.
(5)
The fees for an application to the Planning Board
for tree removal shall be $250 or other such fee as set from time
to time by resolution of the Village Board. The Planning Board may
also request the Village Engineer, Village Planner or other Village
consultant to assist in evaluating such applications. The fees charged
to the Village by all such consultants shall be paid by the applicant.
F.
Licensing of tree removal contractors.
(1)
License required. No person shall fell, cut, trim,
or remove any tree for hire within the Village, the branches or trunk
of which is two inches or more thick at the point of severance, without
a license.
(2)
Application. Applications for such license shall be filed with the Village Clerk. The application shall contain the name and address of the applicant; whether the applicant is an individual, partnership or corporation; and the make, style and number of trucks or other vehicles and license plate numbers on same, to be used by the applicant in the business of tree trimming or hauling. The license fee required by this chapter shall accompany the application, and a receipt therefor shall be attached to the application. In addition, a policy of insurance required by this chapter shall be attached to said application and a copy of license issued by the County of Rockland. [See Subsection F(4) and (5), respectively, below.]
(3)
License fee. The license fee shall be as established
by resolution of the Village Board.
(4)
Insurance. Each licensee shall file with the Village
Clerk an insurance policy issued by an insurance company authorized
to do business in the State of New York. Said policy shall insure
the licensee in the sum of at least $250,000 against liability per
incident as may be imposed or awarded by law, and $500,000 in the
aggregate, as may be imposed or awarded by law on account of bodily
injury or death of any person or persons not covered by Workers' Compensation
Law, and in the sum of at least $250,000, against liability as may
be as imposed or awarded by law on account of damage to or destruction
of property, in connection with the felling, cutting, trimming or
hauling of trees for hire. The policy shall be endorsed to provide
that it may not be cancelled by the carrier except upon at least 30
days' advance written notice to the Village Clerk. In the event such
insurance is so cancelled and the licensee shall fail to replace the
insurance with an acceptable substitute policy, the license shall
be automatically suspended until proof of such insurance shall be
provided to the Village Clerk.
(5)
Granting of license. Upon the completion and filing
of said application, payment of said license fee and providing proof
of insurance and possessing a home improvement tree services (Code
15) license issued by the County of Rockland as determined by the
Village Clerk, the Village Clerk shall grant the license. The Village
Clerk shall keep a register of each license so issued, the number
of licenses issued, the name of the person or firm to whom said license
is issued and the date of issuance and the date of expiration. Denial
of a license by the Village Clerk may be appealed to the Village Board
in writing, which Board shall consider the appeal at the next regular
meeting of the Village Board, provided same is no less than 10 days
from receipt of the appeal. The Village Board shall render a decision
within 15 days of hearing the appeal.
(6)
License expiration. Each license shall expire on December
31 of the year of issuance.
[Amended 6-22-2005 by L.L. No. 4-2005; 6-18-2008 by L.L. No.
3-2008]
A.
The Village Engineer or other designee of the Village
Board shall determine compliance with this chapter, and any person
violating any of the terms or provisions of this chapter or refusing
to comply with the rules and regulations of this chapter shall, upon
conviction, be subject to a fine not exceeding $250 for each offense.
Each tree that is cut or damaged without appropriate approval from
a Village agency shall constitute a single offense, up to a maximum
penalty of $10,000 per lot.
B.
Persons developing properties which have received
site plan or subdivision approval and who violate the terms and conditions
of said approvals by clear-cutting, removing or otherwise damaging
trees through construction, grading or other activities shall be subject
to a fine not exceeding $250 for each offense. Each tree that is cut
or damaged shall constitute a single offense, up to a maximum penalty
of $10,000 per lot.
C.
In addition to being subject to prosecution and fining, any person having violated this chapter shall also be referred to the Planning Board for the purpose of developing a tree remediation plan, showing the existing and proposed landscaping conditions on the premises in question, and which shall be designed to mitigate the effects of the offense, which shall be known as the "compensatory planting plan" or, if the Planning Board approves in lieu thereof, the making of a compensatory payment to the Tree Fund (See Subsection D below.) The Planning Board may also require such remedial or protective measures to be undertaken as may be necessary to protect the balance of the original landscaping, such as, but not limited to, the use of snow fencing, chain link fencing, or other protective measures. The Planning Board may also request the Village Engineer, Village Planner or other Village consultant to assist in evaluating the violation and recommending a remediation. The fees charged to the Village by such consultants shall be paid by the violator.
D.
In addition to any penalty, the violator will be required
to effectuate a compensatory planting by replacing in kind each and
every tree removed, cut down or destroyed in violation of this chapter.
If a tree was so large and mature that it cannot be replaced, the
Planning Board may require the planting of multiple trees instead,
based on the sole determination of the Planning Board of the number,
species and size of trees necessary to meet the objectives of this
chapter. In the alternative, in appropriate circumstances where the
planting of additional trees is impractical in the judgment of the
Planning Board, it may accept compensatory payment to the Tree Fund
in lieu of planting as it may direct or as it may approve upon the
request of the violator. No certificate of occupancy shall be issued
for new construction on the property on which occurred any violation
of this chapter unless and until the provisions of this subsection
have been complied with.
E.
Where a tree of any size that is removed, cut down
or destroyed is in a conservation easement or conservation area designated
on a plan approved by the Planning Board, fines may be doubled.
F.
Whenever the Village Engineer or designee as determined
by the Village Board shall determine that any activity is being conducted
in violation of this chapter, then the Village Engineer shall request
that the Building Inspector notify the owner of the property, the
owner's agent, or the person performing the work to suspend and halt
work. Such direction by the Building Inspector (a stop-work order)
shall be in writing and delivered to the owner, the owner's agent,
or the person performing the work or affixed to the site. Such stop-work
order shall state the reasons therefor and the conditions under which
the work may be resumed.
G.
Violation by licensed tree removers. Any tree remover,
licensed by the Village of Montebello, who violates the provisions
of this chapter shall, at the discretion of the Village Engineer or
other designee of the Village Board, have his license revoked and
shall not have a new license renewed for a period of not less than
two years. Said licensee shall have 15 days to challenge said determination
by filing a written appeal to the Village Board, which shall hold
a hearing on said appeal within 35 days of receipt of said appeal
and shall render a determination within 15 days of the close of said
hearing. Accused violators may continue working during the pendency
of an appeal only if they have posted an acceptable letter of credit
or cash deposit in the amount of $5,000.
H.
Violation by unlicensed tree removers. Violators of § 176-6 F(1)shall be subject to a fine not exceeding $5,000 for each offense.
I.
The Village Board may act by resolution to set or reset the fines for each offense, and the maximum penalty per lot, as set forth in Subsections A, B, G, and H of this of § 176-7, which updated fines and penalties shall appear in the Fine Schedule of the Village of Montebello.
[Added 5-15-2019 by L.L.
No. 2-2019]
This chapter supersedes and is in derogation
of Chapter 40 of the Code of the Town of Ramapo, County of Rockland,
State of New York. This chapter is enacted by authority of § 20,
Subdivision 5, of the Municipal Home Rule Law and any other law referenced
herein as authority herefor. It also supersedes Local Law No. 27 of
1988 and Local Law No. 2 of 1993.
