Monroe Town City Zoning Code
ARTICLE XX
Tree Preservation
§ 57-80 Legislative intent.
[Amended 4-7-2025 by L.L. No. 1-2025]
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, with due consideration for the applicant's proposed site/property improvements, 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 trees, wherever possible, ensure that trees removed be replaced with an equivalent number and species of newly planted trees on site or elsewhere within the Town.
C.
Provide for trees along existing and new roads, screening parking areas and accessory structures and ensure that the development blends with the existing environment.
D.
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.
In order to discourage erosion and maintain stability of soils, limit the removal of trees growing on slopes.
G.
Protect landmark, native, protected and specimen trees by empowering the Town of Monroe Conservation Commission to identify a list of such trees. Definition and requirements for landmark, native, protected and specimen trees are included in § 57-3 and in § 57-91 for the tree lists to be developed by the MCC (see Attachment 3 to Chapter 57).
H.
Encourage the establishment and continuation of tree species compatible with the natural environment and anticipated climate change impacts.
I.
Establish penalties and fines for violation of its provisions, including fees for the Tree Protection and Replacement Fund.
§ 57-81 Legislative findings.
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.
§ 57-82 Exemptions.
[Added 4-7-2025 by L.L. No. 1-2025]
A.
The following activities shall not be subject to the requirements of this article.
(1)
Tree removal ordered by 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.
(2)
Tree removal as part of a farm operation as defined under § 301(11) of the Agriculture and Markets Law of New York State located in an agricultural district.
(3)
Tree removal by any cemetery, except for trees located within a cemetery's landscape buffer zone or regulated setback zone.
(4)
Emergency tree removal necessary for the protection and preservation of life or property, subject to the following conditions:
(a)
As early as the situation allows and preferably before the tree removal, several pictures of the hazardous tree shall be taken documenting the impending harm were the tree not to be removed. Photos shall be accompanied by a descriptive narrative of the situation and hazard.
(b)
Within seven days following said removal, the property owner shall serve notice to the Town of Monroe Building Inspector of such removal under emergency circumstances along with photos documenting the hazard.
B.
After appropriate notice is given pursuant to § 57-83D, the following activities shall not be subject to the requirements of this article.
(1)
Removal of nonregulated trees (see § 57-83B), except for trees shown on a plan approved by the Planning Board and/or mitigation trees required as part of a tree removal permit.
(2)
Removal of any tree meeting the definition of invasive plant species.
§ 57-83 Applicability and notice.
[Amended 4-7-2025 by L.L. No. 1-2025]
A.
Regulated activities. No person, firm, corporation, organization, government agency or institution including agents of the Town of Monroe shall remove or endanger a tree as described hereafter except in accordance with a tree plan approved by the Planning Board or a tree removal permit issued by the Building Inspector unless such activities are exempt under § 57-82. The following activities shall be deemed to be removal or endangerment of a tree, regulated under this article:
(1)
Cutting and removing a tree.
(2)
Pruning of more than 25% of the crown, or trunk of any tree.
(3)
Applying poison or herbicide to a tree.
(4)
Cutting, trenching or digging within the critical root zone of a tree.
(5)
Depositing fill or excessive mulch over the critical root zone of a tree in a manner that results in its harm or death.
(6)
Diverting surface water toward or away from roots so as to create excessively dry or moist soil conditions.
(7)
Destabilizing of soils from removal of vegetation or improper stormwater practices.
(8)
Planting of species, vines or other vegetation that result in the death of a noninvasive tree.
(9)
Construction-related damage including but not limited to damage from direct contact with heavy machinery or vehicles, compaction of the roots or severing of critical root zone by heavy equipment, fuel spillage, or concrete washouts.
(10)
Any other act that could be reasonably anticipated to result in the death of a tree.
B.
Regulated trees. The following trees shall be deemed to be regulated under the provisions of this article:
(1)
Trees greater than six inches DBH that are located over slopes greater than 30% or that are listed on the lists of landmark, native, protected or specimen trees appended to the Zoning Local Law (see Attachment 3), or as identified as landmark, protected or specimen trees by the MCC during a site inspection associated with this article.
(2)
Trees greater than 10 inches DBH located individually or in stands.
C.
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.
§ 57-84 Tree removal permit.
[Amended 4-7-2025 by L.L. No. 1-2025]
A.
Where tree removal is proposed, but not as part of an application before the Planning Board, a tree removal permit may be issued by the Building Inspector authorizing the removal of less than 10 regulated trees in any calendar year, subject to the requirements of this section. Removal of any one landmark, protected or specimen tree or removal of 10 or more trees shall be permitted only by site plan approval of the Planning Board.
B.
An application for a tree removal permit shall include:
(1)
A statement of how many trees are proposed for removal. Regulated trees proposed for removal shall be identified in the field by wrapping the tree with a highly visible orange ribbon at breast height. Dead trees shall be indicated in the field by wrapping the tree with a highly visible yellow ribbon at breast height. The approximate location of such trees shall be indicated on a survey or aerial photograph of the property. (Note: Aerial photography is available online through the Orange County Geographic Information System at https://gis.orangecountygov.com/orange/)
(2)
Proposed mitigation including:
(3)
The reason for tree removal (to support building construction, to open up scenic views, to remove shade from a portion of the property, to remove hazards to property, etc.).
C.
Prior to approval of a tree removal permit, the Building Inspector shall refer the permit application to the Monroe Conservation Commission (MCC), who shall review it for consistency with the following conditions, and which conditions shall be met prior to issuance of a tree removal permit:
(1)
No landmark, protected or specimen tree is proposed for removal.
(2)
Up to three regulated trees pursuant to § 57-82H plus an additional two trees per full acre beyond one acre may be removed without mitigation.
(3)
Less than 10 trees are proposed for removal in any calendar year.
(4)
Appropriate mitigation is proposed by way of replacement plantings or payment of a fee as prescribed under § 57-86.
(5)
The removal of the trees is reasonably necessary to achieve the stated purposes of tree removal.
D.
Upon a finding that the permit application meets the requirements of this article, the Building Inspector shall approve the permit. Where a permit is issued all tree removal shall be executed between November 1 and March 31 to avoid impacts to Indiana and Northern Long-Eared Bat. Upon a finding that the permit application does not meet the requirements of this article, the Building Inspector shall deny the permit.
E.
An applicant whose tree removal permit has been denied may seek relief from the Planning Board by making an application for site plan approval under the provisions of § 57-85.
F.
The Building Inspector, in consultation with the Conservation Commission, is authorized and directed to develop a tree removal permit 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 removal permit application shall contain authorization for Town of Monroe employees and officials 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 article.
G.
Issuance of a tree permit shall be a Type II Action under the State Environmental Quality Review Act pursuant to 6 NYCRR 617.5(c)(25).
H.
An applicant seeking approval of a single-family detached or two-family detached dwelling, may request approval of a tree plan by the Planning Board pursuant to § 57-85 for purposes of requesting removal of more than 10 trees, or a greater number of tree removals without mitigation than is permitted with a tree removal permit (see § 57-85D(1)).
I.
The Building Inspector may seek the professional advice of a landscape architect, forester or certified arborist in reviewing a tree removal permit. Where professional advice is obtained, such cost of the professional advice shall be borne by the applicant as it directly relates to the application.
§ 57-85 Requirements for tree plan approval by the Planning Board.
[Amended 4-7-2025 by L.L. No. 1-2025]
A.
The Planning Board shall not approve any preliminary subdivision, special permit or site plan application, without concurrently or first approving a tree plan subject to the requirements of this Article.
B.
Where the Planning Board is reviewing an application for tree plan approval under the provisions of § 57-84E or H, that does not otherwise require a site plan, special use or subdivision approval, the Planning Board can require the applicant to provide any site plan component outlined by § 57-17 where it deems such information necessary to serve the intent of this article. Approval of such a tree plan shall be deemed a Type 2 action pursuant to 6 NYCRR 617.5(c)(11) and shall not require a public hearing.
C.
A tree plan shall include the following details:
(2)
Limits of disturbance. For subdivisions in addition to the clearing area required for development of subdivision improvements, a clearing area may be established for each lot that supports future clearing of a home site, driveway, yard, and septic facilities as necessary. If such an area is properly identified on an approved subdivision plat tree plan, no tree permit will thereafter be required for removal of a regulated tree within such clearing area, so long as all required mitigation has been provided and the removal occurs within three years of filing of the subdivision plat in the County Clerk's office.
(3)
The tree plan shall identify the location, DBH and species of all regulated trees as described in § 57-83B, except that the tree plan need not show regulated trees that are more than 50 feet outside the limits of disturbance. Identified trees shall be indicated for removal or for preservation.
(4)
Detail of proposed tree protection measures suitable to protect regulated trees during construction. Such measures shall include at a minimum:
(a)
High visibility construction fencing shall be installed with metal posts spaced no further than 10 feet apart at the drip line of the tree. Map notes shall indicate that all construction personnel shall be advised of the requirement to not disturb areas within the construction fencing except under the supervision of the Town Building Inspector, Town Engineer or an arborist, forester or landscape architect as defined in § 57-3.
(b)
Where construction is planned to be conducted within 15 feet of the critical root zone of a regulated tree indicated to be preserved on the tree plan, the applicant shall provide a sturdy construction barrier consisting of a four-foot high aluminum chain link fence, or timber post and rail fence whose individual posts and rail are comprised at a minimum of two inch by four inch lumber. In such a case, the limbs of the tree shall be pruned to a height adequate for construction vehicles and machinery to not rip or crack limbs and branches.
(5)
Standards and details for planting of replacement trees, where proposed.
(6)
Location, size, species of any tree proposed for mitigation planting.
(7)
An accounting of any fee proposed in lieu of replacement trees, by number of trees and fee per tree.
(8)
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."
(9)
Any and all additional information required by the Planning Board for the purpose of fulfilling the intent of this article. The Planning Board may waive any submission requirement it deems unnecessary.
D.
Tree plan permitted removals without mitigation. The Planning Board may approve the removal of the following trees without mitigation so long as those trees are not identified as landmark, specimen or protected trees:
(1)
For residential single-family detached dwellings, two-family detached dwellings or place of worship site plans the greater of:
(a)
Up to three regulated trees for sites of one acre or less plus an additional two regulated trees per full acre above one acre; or
(b)
Those regulated trees within a designated improvement area to be established at the discretion of the Planning Board upon review of a proposed site plan and that encompasses the principal structure, driveway, septic field, customary accessory structures/facilities and a reasonably sized recreational yard. The Planning Board shall consider the location of regulated trees, among other reasonable considerations in locating the boundaries of such area.
(2)
For site plans and special use permits other than single-family detached dwellings, two-family detached dwellings and places of worship: those trees located within a designated improvement area, which area shall be contiguous and encompass areas proposed for construction of structures, roadways, driveways, parking areas, stormwater areas and septic facilities, but not to exceed an area equal to 50% of the maximum lot coverage requirement as prescribed by the schedule of district regulations for the district in which the lot is located (see Chapter 57 Attachment 1) multiplied by the lot area of the lot. The Planning Board shall prioritize the following locations among other factors it deems appropriate in locating the improvement area:
(3)
For proposed residential subdivision applications:
(a)
Those trees located within the paved portion of the right-of-way, except that in approving the subdivision plan, the Planning Board should consider regulated trees among other reasonable considerations in approving the location and routes of rights-of-way.
(b)
Those trees located within a designated improvement area to be established at the discretion of the Planning Board for each lot upon review of a proposed subdivision plat and which area encompasses the principal structure, driveway, septic field, accessory facilities and a reasonably sized recreational yard. The Planning Board shall consider the location of regulated trees and whether the subdivision is a conventional or average density subdivision, among other reasonable considerations in locating the boundaries of such areas for each lot. Such area shall only allow tree removal without mitigation in connection with a future building permit for a single- or two-family detached dwelling or place of worship.
E.
Avoidance of landmark, specimen or protected tree removal. The Planning Board shall make every effort to preserve especially landmark, specimen or protected trees, and shall only approve their removal where an alternative design or construction is not feasible and/or as required due to decline, disease or structural defects.
F.
Referral to Monroe Conservation Commission. Prior to approval of any tree plan as part 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. The Conservation Commission shall have 30 calendar days from the date of referral 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 30-day review period whether or not comment is received from the Town of Monroe Conservation Commission. The Conservation Commission may 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 correctly depicts regulated trees on the site including all landmark, specimen and protected trees that have been identified by the Conservation Commission;
(2)
The tree plan avoids development disturbance of heavily treed areas and sensitive ecological areas to the greatest extent possible;
G.
The Planning Board and the Monroe Conservation Commission may seek the professional advice of a landscape architect, arborist or forester in reviewing a tree plan. Where professional advice is obtained, such cost of the professional advice shall be borne by the applicant as it directly relates to the application.
§ 57-86 Tree mitigations.
[Amended 4-7-2025 by L.L. No. 1-2025]
A.
Any regulated tree that is to be removed beyond the number of trees that are permitted to be removed without mitigation, shall be replaced as follows:
(1)
Planting of one or more trees with the same tree density units on the same lot as each tree to be removed. In choosing replacements, one or more species should be chosen that will have similar form, size and ecological function as the tree to be replaced or as otherwise appropriate given their proposed locations. Native NY species shall be planted, except where a nonnative species is recommended by an arborist for specific conservation-based reasons.
(2)
Tree density units shall be calculated in accordance with the following schedule:
DBH | Tree Density Units |
|---|---|
3"-12" | 1 |
12"-24" | 2 |
24+" | 3 |
(3)
Where authorized by the Planning Board and Town Board at the request of the applicant, planting of one or more appropriate trees, subject to the considerations of § 57-86A(1) on property owned by the Town of Monroe or other approved off-site location along with a fee as indicated on the Town of Monroe Fee Schedule, which fee shall be used to ensure adequate maintenance and ongoing survival, acquisition of new open spaces for tree mitigations, and general ongoing maintenance of Town owned open space.
(4)
The Planning Board may, upon the request of the applicant, authorize the payment of a fee-in-lieu of mitigation planting to the Town Parkland Account. The fee shall be as indicated on the Town Fee Schedule. Each tree density unit calculated in § 57-86A(2) shall constitute a separate mitigation fee. These funds will be earmarked for the protection of forests and parklands or public property in the Town of Monroe and for replanting of such lands.
(5)
Where the Planning Board has authorized a fee-in-lieu of mitigation planting, the Planning Board may recommend the Town Board approve a reduction in the fee by up to 40% in exchange for the installation of green energy infrastructure including, but not limited to, geothermal heating/cooling, rooftop solar energy, green roofs and DOT level 2 or DCFC electric vehicle charging stations available to the public (including available for a fee). The reduction in the fee shall be equal to the cost to implement the green energy technology into the proposed project, which shall be verified by the Town Engineer. The determination of a reduced fee-in-lieu of mitigation planting shall be made by the Town Board, upon the recommendation of the Planning Board.
(6)
All replacement trees shall have a DBH caliper of at least two inches. The replacement trees shall be guaranteed for a minimum of two growing seasons.
B.
The Planning Board is authorized to adopt its own standards relating to planting, maintenance and guarantee of mitigation plantings, maintenance and guarantee of mitigation plantings. In lieu of such other standards adopted by the Planning Board, and for all mitigation trees required under the tree removal permit process, the following standards shall be met by the applicant, whom shall obtain written authorization from the owner to access any replacement trees planted on property not owned by the applicant prior to approval of a tree plan or tree removal permit:
(1)
All trees shall be inspected by the permittee at the time of delivery and be undamaged and healthy.
(2)
Planting holes will be dug a minimum of 12 inches larger than the diameter of the root system or root ball, The hole should be two to three times as wide as the root ball.
(3)
Trees will be planted no deeper than previously grown with allowance for setting. The root flair should be at or slightly above ground level.
(4)
Strings and twine will be removed from trunk of tree. Burlap and wire baskets will be removed, not rolled down into hole.
(5)
Backfill with existing soil when suitable. Avoid using excessive amounts of organic matter.
(6)
When sensitive species are exposed to direct sun, utilize trunk protection sleeves. Sleeves to be removed after first growing season.
(7)
Bark mulch will be applied around the tree, up to three inches deep, in a circle which extends beyond the planting hole. Mulch should not touch trunk above root flair.
(8)
Only dead, damaged or poorly located branches will be removed using proper pruning techniques.
(9)
All bare root trees (and balled and burlapped trees in exposed, windy areas) will be staked or guyed to keep them upright. Use commonly accepted staking techniques. Stakes will be removed approximately one year after planting.
(10)
Newly planted trees will be watered at the time of planting, and for best results, water, soaking the root zone once per week, barring rain, and more frequently during hot weather until they are established.
(11)
In caring for and handling trees prior to planting, all precautions customary in good trade practice will be taken.
(12)
A minimum two-year warranty is required for tree plantings.
(13)
Trees will be inspected one year after the Building Inspector's issuance of a tree removal permit or the Planning Board's approval of a tree plan and any trees found to be dead or in poor condition will be replaced.
§ 57-87 Timber harvesting.
[Amended 4-7-2025 by L.L. No. 1-2025[1]]
A.
Removal of timber in quantities greater than three standard cords of wood from any parcel of land within any 12-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 forester listed on the New York State Department of Environmental Conservation Directory of Cooperating Foresters and 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 Chairperson 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.
§ 57-88 Enforcement and administration.
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.
§ 57-89 Penalties for offenses.
[Amended 4-7-2025 by L.L. No. 1-2025]
A.
Any person, firm, corporation, organization, government agency, institution, or individual connected with such firm, corporation, organization, government agency or institution who violates any provision of this article shall be guilty of a violation, the fine for which shall not exceed $1,500 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. Those 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 mitigation fee to the Town of Monroe Parkland account as indicated on the Town Fee Schedule per tree improperly removed or destroyed.
B.
Where a property owner hires a contractor or business to remove a tree in a manner that violates any provision of this article, both the property owner and contractor/business shall be individually guilty of separate violations, and the responsibility for tree replacement and/or mitigation plantings shall apply jointly and severally or as otherwise determined by a court of competent jurisdiction.
C.
Any person, firm, corporation, organization, government agency, institution, or individual connected with such firm, corporation, organization, government agency or institution who violates this article more than twice in any one-year period, or more than three times in any five-year period, such violator, shall be barred and prohibited from removing trees for a period of one year for a first offense and three years for each subsequent offense. Where the violator is a non-natural person, this prohibition shall apply to all owners, principals and any employees actually engaged in the unlawful removal at the time of the most recent violation.
D.
Where tree removal violation has occurred and has not been satisfactorily mitigated, the Town may suspend any other permits related to the property(ies) where the violation(s) occurred until such mitigation has been satisfactorily completed and may also decline to issue any new permits related to the property until mitigation has been satisfactorily completed.
§ 57-90 Bonds.
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.
§ 57-91 Landmark, native, protected and specimen tree list.
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.