Monroe City Zoning Code
ARTICLE VIII
Supplementary Environmental Regulations 1
§ 200-28 State Environmental Quality Review Act (SEQRA).
[Amended 6-13-2017 by L.L. No. 5-2017]
It is the responsibility of the applicant to see that all SEQRA requirements are met (see 6 NYCRR Part 617). To ensure this, an applicant proposing a project deemed by the Planning Board to have the potential of a significant adverse environmental impact, shall deposit with the Village Clerk an amount specified in the fee schedule[1] (in addition to the initial SEQRA review fee) which will be used by any reviewing board to retain one or more consultants who will identify the applicable SEQRA requirements, and review the applicant's SEQRA documentation on behalf of such board. Any excess money at the end of the SEQRA process will be returned to the applicant. During the SEQRA process, any deficiency must be made up by the applicant within 30 days' notice of the deficiency, which notice shall include a copy of the billing charged against the deposit. Failure to make up such deficiency will result in review of the application being suspended.
[1]
Editor's Note: The fee schedule is on file in the Village offices.
§ 200-29 Floodway/floodway fringe.
[Amended 6-13-2017 by L.L. No. 5-2017]
The floodway/floodway fringe is established by the Federal Emergency Management Agency (FEMA) to regulate areas subject to flooding and to protect property with aesthetic and recreational values and other natural resource values associated with the floodplains and wetlands of the Village (see Chapter 107, Flood Damage Prevention).
§ 200-30 General environmental control requirements.
[Amended 6-13-2017 by L.L. No. 5-2017]
Erosion and sedimentation controls. The Planning Board is authorized to adopt rules and regulations, including requirements to post maintenance bonds, pertaining to erosion and sedimentation controls in any project requiring site development plan approval and for the environmental control of such projects. Erosion and sedimentation controls shall be designed and implemented in accordance with Chapter 168, Article I. This requirement shall not relieve any project of the obligation to obtain such permits as may be required by State or Federal agencies.
§ 200-31 Land disturbance.
It is the purpose of this section to protect public health, safety and welfare in the Village of Monroe by regulating site preparation and construction activities, including excavation, filling, grading and stripping, so as to prevent problems related to erosion, sediment or drainage.
A.
Applicability. No land shall be disturbed by any person, entity, or a public agency other than the Village, unless the applicant has filed with the Building Inspector an application and plan, and said application and plan shall have been approved by the Building Inspector and/or Planning Board (see § 200-68). If such work covered by the application is also subject to Planning Board approval, this process may be accomplished simultaneously with conditional use authorization, site plan approval or subdivision review. A SPDES General Permit for Construction Activities must also be obtained from the NYSDEC prior to soil disturbance activities as necessary (Chapter 168, Article I). For the purpose of this section, the word "disturbed" shall include any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced or relocated and any activity, including clearing, grading, transporting, filling or other activity, which causes land to be exposed to the dangers of erosion, increased runoff, pollution, unnecessary destruction of trees, increased slope instability and unnecessary modification of actual topography or unique geological features.
[Amended 6-13-2017 by L.L. No. 5-2017]
(1)
Acts and activities requiring approval are those that include site preparation on slopes which exceed 1 1/2 feet of vertical rise to 10 feet of horizontal distance; excavation and/or filling which affect more than 50 cubic yards of material; and grading and/or stripping which affects more than 5,000 square feet of ground surface.
(2)
Exempt acts and activities are those that include excavations for basements and footings of one- or two-family detached dwellings, septic systems, wells, swimming pools, soil testing and gardening and activities related to the maintenance of landscape features on existing developed lots.
B.
Referrals. Copies of the plan, and accompanying data, may be referred to the Soil Conservation Service, Village Engineer and any other agency deemed necessary by the Planning Board for their review. These recommendations shall be considered prior to approving the plan. All related costs are to be borne by the applicant.
C.
Necessary information. The plan shall address the following elements:
(1)
Location and description of existing natural and man-made features on and surrounding the site (within a distance of 300 feet).
(2)
Location and description of proposed changes to the site, including the showing of the now existing and the proposed finish ground contours, with a two-foot interval.
(3)
Measures for drainage, soil erosion and sediment control.
(4)
A time schedule indicating when phases are to be initiated and completed and when temporary and permanent vegetation, drainage, erosion and sediment control facilities are to be completed.
D.
Action. The Planning Board shall approve (or disapprove) the plan within 60 days of the date of filing a complete plan and any accompanying data. In approving the plan, the Planning Board shall fix a reasonable time limit and may attach any conditions which it deems necessary to assure compliance with the provisions of this section.
E.
Performance bond and/or cash deposit. The applicant may be required to file with the Village Board a performance bond and/or cash deposit sufficient to cover the cost of all improvements and treatment outlined on the plan. The sufficiency of such bond or deposit shall meet the requirements of the Village Engineer's estimate.
F.
Inspection. The Building Inspector, the Department of Public Works Superintendent and/or the Village Engineer shall inspect the site as frequently as necessary to assure compliance with the terms of approval.
[Amended 6-21-2011 by L.L. No. 2-2011]
§ 200-32 Trees and landscaping.
A.
Purpose.
(1)
It is the purpose of this section to promote and improve the appearance of land within the Village by providing for the installation and maintenance of trees and landscaping for aesthetic quality and screening.
(2)
It is the purpose of this section to ensure that the greatest number of trees possible are preserved and left standing before, during and after the subdivision, site plan and construction process. Where it is not possible to preserve them, it is the intent of this section to ensure, wherever possible, that the developer replaces the trees removed with a like number and species of newly planted trees.
(3)
It is the intent of this section to have the developer provide for additional landscaping which goes beyond the replacement of trees removed to provide for trees along existing roads, new roads and screening around parking areas in order to cut down on noise from vehicular traffic and to screen accessory structures and to ensure that the development blends with the environment.
B.
Findings.
(1)
Properly planted trees are needed to create sound barriers to reduce the noise level made by vehicular traffic.
(2)
Properly planted trees are an effective means of providing sight barriers around accessory buildings, mechanical devices, parking lots and other nonnatural structures created during construction.
(3)
Replacing trees removed during construction is necessary to assist in soil conservation and in reducing stormwater runoff, since development usually increases stormwater runoff and the growth of trees and their roots are integral to absorption of stormwater.
(4)
A responsible community trying to live in harmony with nature should replace that which is cut down with a like or greater number of trees to ensure such harmony and should also require a developer to plant trees even where none were removed to ease the environmental impact in terms of visibility, noise and soil conservation.
C.
Control of trees in land development. Except for a single-family detached dwelling, a two-family residence or an agricultural use (as permitted by this chapter), all uses shall require a tree and landscaping plan which shall be approved by the Planning Board in the same manner as provided for site plan approval in Article XV. The Planning Board will require, where it deems necessary, that:
[Amended 6-13-2017 by L.L. No. 5-2017]
(1)
The developer will endeavor to preserve all individual trees eight inches or greater in diameter as measured four feet from the ground. The developer will also preserve all stands and groupings of trees of any diameter which do not have to be removed for utility lines, roads, structures, etc.
(2)
The developer will plant trees along all new roads of the development in a fashion consistent with the specifications for the planting of shade trees as provided in Subsection F(2).
(3)
The developer will provide tree screening around all parking lots and accessory structures in a fashion consistent with this section.
(5)
The developer will not clear cut his entire property.
(6)
The developer will leave his property with as many (or more) trees as the unimproved site had or, as an alternative, present a landscaping plan acceptable to the Planning Board.
D.
Prohibited acts.
(1)
No person shall commence the clearing of his land in anticipation of construction and/or subdivision unless he has complied with all applicable provisions of law, including the provisions of all applicable regulations of the Village of Monroe. The clearing 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 plan approval.
(2)
No person shall do or cause to be done any action upon trees on his property preliminary to its being subdivided or reviewed and approved for site plan until either he has complied with the provisions of all applicable regulations of the Village of Monroe or submitted a tree plan to the Village's Planning Board and has had it approved by the Planning Board at the time of subdivision and/or site plan approval.
E.
Land development procedures for a site plan. A developer will submit a tree plan simultaneous with his submission of a detailed site plan in a scale and number consistent with the rules governing the submission of site plans. Where a draft environmental impact statement has been required prior to the site plan review, this tree plan will be included in the draft environmental impact statement scope and submitted as required at the time of the draft environmental impact statement submission. The tree plan will:
(1)
Detail the location, size and description of existing trees, ground cover, shrubs, vines, flowers or lawns and similar natural plant formations; as well as orchards, tree stands, rock outcroppings, stone walls, streams, lakes, ponds and all other natural features.
(2)
For all areas of disturbance, plus 100 feet of the adjacent proposed undisturbed area, identify the tree stands as to density and general genus (oak, pine, etc.) and identify all trees eight inches or greater in diameter as measured four feet from the ground. These trees shall be numbered on the plan and the trees physically tagged at the site with the identifying number.
[Amended 6-13-2017 by L.L. No. 5-2017]
(3)
Detail the number and type of individual trees as defined and/or tree stands to be removed, the percent of total stands to be removed and how many trees will remain after construction; as well as the existing ground cover, shrubs, vines, flowers or lawns and similar natural plant formations to be removed versus that which is to be maintained or preserved.
(4)
Submit maps detailing pre- and post-condition. Both should be overlaid on the detailed site plan so that the roads, main and accessory structures, rights-of-way, easements and utility lines are clearly shown, as is their impact on trees.
(5)
Detail the steps to be taken during the period of construction to protect existing trees and stands of trees.
(6)
Detail the number and type of replacement trees to be added to the property to replace those taken down. The developer will replace on a one-to-one basis or, as an alternative, present a landscaping plan acceptable to the Planning Board.
(7)
Provide a time schedule indicating when planting phases are to be initiated and completed.
(8)
Provide any and all additional information required by the Planning Board with respect to trees and natural vegetation for the purpose of fulfilling the intent of this section.
(9)
Only those trees eight inches or greater in diameter shall be removed as so indicated on the final tree plan approved by the Planning Board.
F.
Planting requirements.
(1)
Off-street parking spaces. Where there is a requirement for off-street parking for five or more vehicles, then the owner/builder shall be required to plant trees around the perimeter of such parking area in accordance with this chapter. The plantings shall be shown on the tree plan.
(2)
Planting on new roads in a development. Where a new road system is proposed, the developer shall show in the tree plan the planting of trees on both sides of new roads in a manner consistent with the direction of the Planning Board. The developer shall take into consideration site lines for vehicular traffic and overhead or underground utility lines.
(3)
Planting around utility or mechanical structures. Where a new development is proposed, the developer will show in the tree plan the planting of trees around accessory and utility or mechanical structures including, but not limited to, pump houses, holding tanks, generators, air-conditioning units, etc., in a fashion permitting access while eliminating visual pollution.
(4)
Plantings to replace trees removed. Where a new development is proposed, the developer will show in the tree plan the planting of new stands of trees in a number equivalent or greater than that which was removed or, as an alternative, a landscaping plan acceptable to the Planning Board.
G.
Specifications for planting trees. Trees and landscaping materials shall be as follows:
(1)
Trees shall be balled and burlapped and shall not be less than 2 1/2 inches caliper measured six inches above the top of the ball nor less than 10 feet high. Trees should be nursery grown and a nursery inspection certificate should be available covering all trees.
(2)
Shrubs and hedges shall be a minimum of two feet in height when measured immediately after planting. Hedges, where required, shall be planted and maintained so as to form a continuous, unbroken, solid visual screen within a maximum of one year after time of planting.
(3)
Vines shall be a minimum of 30 inches in height immediately after planting and may be used in conjunction with fences, screens or walls.
(4)
Ground covers used in lieu of grass, in whole or in part, shall be planted in such a manner as to present a finished appearance and reasonably complete coverage within three months after planting.
(5)
Grass areas shall be planted in species normally grown as permanent lawns. Grass areas may be sodded, plugged or seeded except that sod shall be used in swales or other areas subject to erosion.
(6)
In the event that there are no sidewalks or curbs existing or proposed, the person or party shall plant shade trees in the street right-of-way. Trees should start 15 feet from the point of curvature of the curb, located on the tangent side of the curb, and shall be approximately 40 feet apart. Trees should be staggered when planted on opposite sides of the same street. No tree shall be located in such a manner as to limit sight distance along the road below the specified minimum in the highway specifications.
[Amended 6-13-2017 by L.L. No. 5-2017]
(7)
In general, excavations for planting shall be large enough to accommodate the natural spread of the root system and at least one foot deeper and two feet wider than the ball or earth supplied with the tree. The pit shall be rock free and refilled with seven parts topsoil and one part humus, and the parent soil should be discarded. Hardpan shall be loosened an additional 12 inches from the bottom and side of the pit. Trees shall be adequately fertilized and watered at the time of planting and mulched with three inches of approved mulch immediately after planting.
(8)
Removal of debris is required. The property must be left in a neat and orderly condition in accordance with good and accepted planting and tree surgery practice.
(9)
Trees shall not be planted between May 15 and September 15 without specific authorization of the Building Inspector and/or the Village Engineer.
(10)
Notice must be given to the Building Inspector and/or the Village Engineer 30 days prior to the start of planting in order that the plants and trees may be inspected and approved for tree variety, condition, size and quality. All work shall be subject to the general supervision and approval of the Building Inspector and/or the Village Engineer. The Building Inspector is authorized to request assistance of tree experts to monitor the aforementioned activities. All costs will be borne by the developer.
(11)
Any tree improperly planted or not meeting these specifications will be subject to removal. Any tree that does not survive or is in an unhealthy condition at the end of one year shall be replaced by the developer at no cost to the Village of Monroe. Said replacement shall be made within 60 days following written demand for such replacement or within a more extended period as may be specified.
[Amended 6-13-2017 by L.L. No. 5-2017]
H.
Referrals. Copies of the tree removal and tree planting plan and any accompanying data shall be submitted to the Planning Board. The Planning Board may forward a copy of the plan and any accompanying materials to the Shade Tree Commission (if one exists), State or County Soil Conservation Service, Village Engineer and any other agency or person for review and evaluation and their recommendations.
[Amended 6-13-2017 by L.L. No. 5-2017]
I.
Action. The Planning Board shall approve, disapprove, or modify the plan within 60 days of the date of filing a complete plan and any accompanying data. The Planning Board shall file its decision with the Building Department and Village Clerk, and a copy thereof shall be mailed to the applicant. When a proposal is subject to conditional use authorization and/or site plan approval, then the tree and landscaping plan review shall be conducted concurrently with said review and shall be subject to the conditional use authorization and/or site plan approval time periods.
[Amended 6-13-2017 by L.L. No. 5-2017]
J.
Nurseryman's guaranty or performance bond. The applicant may be required to file with the Village Board a nurseryman's guaranty or a performance bond and/or cash deposit sufficient to cover the cost of all improvements and treatment outlined on the approved plan. The sufficiency of such guaranty, bond or deposit shall meet the requirements of the Village Engineer's estimate and shall remain in effect for a period of two years from the date of completion of planting under this section to ensure that required plantings survive in good health for a minimum of two years or are replaced by stock that survives in good health for a minimum of two years. Evidence of such bond or guaranty shall be presented to the Building Inspector prior to the issuance of a certificate of occupancy.
K.
Certificate of occupancy. No certificate of occupancy shall be issued until the tree planting and landscaping are complete, except that between October 31 and April 1, the permit holder shall submit an agreement, in writing, signed by the permit holder, to ensure that all trees shall be planted and all landscaping work shall be completed on or before the first day of June next following the making of the agreement.
L.
Maintenance. The owner, their heirs, transferees, assignees, tenants or agents, if any, shall be jointly and severally responsible for the maintenance of all trees and landscaping which shall be maintained in good condition so as to present a healthy, neat and orderly appearance and shall be kept free from refuse and debris. The Building Inspector shall assure compliance with the terms of Planning Board approval.