Tree Advisory Board

DEC 2 3 2020 AN ORDINANCE AMENDING CHAPTER 252, OF THE CODE OF THE CITY OF MOUNT VERNON ENTITLED " TREES" WHEREAS, by letter dated December 21, 2020, Council Woman Janice Duarte has requested legislation amending Section 252 of Chapter 252, of the Code of the City of Mount Vernon, entitled " Trees"; and WHEREAS, the amendment of Chapter 252 will include renumbering and integration of the Mount Vernon Tree Ordinance into the existing Tree Code; NOW THEREFORE, The City of Mount Vernon, in the City Council convened, does hereby ordain and enact: Section 1. Section 252 of Chapter 252 of the Code of the City of Mount Vernon, entitled " Trees" is hereby amended as follows: Mount Vernon City Code —Chapter 252 —Trees 252- 1. Purpose A. In accordance with Article 5, Section 96B of New York State' s General Municipal Law, the City of Mount Vernon, historically recognized as a " City of Trees" seeks to protect and conserve all natural features of our great City, which add environmental, aesthetic and economic value to residential, commercial. and industrial districts within our City, both public and private. Citizens of Mount Vernon, New York, have a vital interest in the planting and preservation of trees within our city' s borders. B. The green infrastructure of trees and their ecosystems supply important benefits. Trees, their Leafy canopies and spreading root systems, provide aesthetic appeal, shade, impede soil erosion, aid water absorption and retention, inhibit excess runoff and flooding, and preserve the balance of oxygen in the air by removing carbon dioxide and fostering air quality. Trees offer a natural barrier to noise, provide natural habitat for wildlife, yield advantageous microclimatic effects, provide screening, enhance property values, and add to the aesthetic quality of the community. C. The City fmds that destructive and indiscriminate removal of trees causes increased municipal costs for proper drainage control, impairs the benefits of occupancy of existing residential properties, decreases the stability and value of both improved and unimproved real property in the area of destruction, and adversely affects the health, safety, and general welfare of the inhabitants of the City. D. The City, furthermore, concurs with the fmdings and mandate of the New York State Environmental Quality Review Act among them being the obligation of the City to serve as a steward of air, water, land, and living resources and the obligation to protect the environment. It is the intent of the City to recognize these responsibilities by adhering to these procedures as well as fostering and preserving the health and welfare of the community of Mount Vernon. DEC 2 3 2020 E. All City employees, departments and agencies are to abide by the provisions stated herein and are to be bound by these same provisions for the maintenance and preservation of trees. " The City" refers to all elected and/ or appointed officers and agents responsible, in concert, for the governance, administration and delivery of services to taxpaying residents. " The City," as a reference, includes the Mayor, the City Council, the Zoning Board, the Planning Board, the Commissioners of Public Works, of Planning and Community Development and of Buildings and their departments, the City Tree Surgeon, workers, contracted tree specialists and the Mount Vernon Tree Advisory Board. F. The City' s intent in setting up a tree ordinance containing sufficient guidelines, rules, restrictions and strong enforcement procedures is to establish a method to minimize any unnecessary damage and prevent any willful or unwitting destruction to our arbors. This ordinance, hereby, is meant to provide, in the minimum some basic standards to help the City protect and preserve the valuable inheritance and benefits of trees as community assets. 252- 2. Definitions A. Terms as used in this chapter have the following meaning( s): 1) APPLICANT- any individual, firm, partnership, association, corporation, company, organization, or other legal entity of any kind, excluding the City of Mount Vernon and its governmental agencies, who request the approval authority to issue a permit, or to whom a permit has been granted under the provisions of this Chapter. 2) APPROVING AUTHORITY- the City agencies or public officials empowered to administer the permit procedures of this Chapter, as described therein. 3) BUFFER- an area of natural vegetation or man-made construction that is intended to provide a visual and dimensional separation between dissimilar land uses. i.) Natural Buffer: A visual screen created by vegetation of such density so as to present an opaque visual separation when viewed from one side to the other throughout the year. ii.) Structural Buffer: A visual screen created through construction of a solid wooden fence, decorative masonry wall, earthen berm, or combination of fence or wall with an earthen berm, which may be supplemented with vegetation, so as to present an opaque visual separation when viewed from one side to the other throughout the year. 4) CALIPER- The measurement of the diameter of a tree trunk, measured at six 6) inches above root crown. When measuring the caliper of mature trees, this measurement is done at four -and -one- half (4. 5) feet above natural grade referred to as DIAMETER BREAST HEIGHT (DBH) See definition below.) 5) CERTIFIED ARBORIST —an arborist certified by the International Society of Arborists ( ISA) or another nationally recognized arboricultural organization, including, but not limited to an existing employee with certification. DEC 2 3 2020 6) CITY TREE SURGEON- a trained forester who has charge of the scientific planting, removing, and trimming of all City trees. The surgeon' s tree maintenance practices will be consistent with up-to- date arboricultural standards. This could be a certified arborist. 7) CLEAR CUTTING- the act of removal or destruction of more than two (2) trees within any City lot, both public and private. 8) DIAMETER BREAST HEIGHT (DBH)- measurement of the diameter of a mature tree at four -and -one- half (4. 5) feet above natural grade. Diameter = circumference / 3. 1416 and circumference = diameter / 3. 1416. 9) DRAINAGE- the gravitational movement of water or other liquids by surface runoff or surface flow. 10) EMERGENCY- a serious situation or occurrence that happens unexpectedly and demands immediate action. 11) ENDANGERED OR THREATENED TREE- a tree listed as endangered or threatened on the New York protected native species list, 6 N.Y.C.R.R. and/ or the Westchester County list of endangered plants. 12) EROSION- the wearing away of the land surface by action of wind, water, gravity, or other natural forces. 13) HARDSHIP - a unique or otherwise special existing condition that is not addressed by the ordinance. 14) HERITAGE TREE- an individual tree with unique value, which is considered irreplaceable. The major criteria for this designation are age, rarity and size, as well as aesthetic, botanical, ecological, cultural and historic value. 15) INJURIOUS SUBSTANCE- brine water, oil, liquid dye or any other substance deleterious to tree life. 16) INVASIVE SPECIES- a species of plant or animal that is not native to the ecosystem under consideration and whose introduction into the ecosystem causes, or is likely to cause, economic or environmental harm to human health. 17) INVASIVE VINES- fast- growing vines that are detrimental ( stranglers) to native vegetation and trees, including, but not limited to, oriental bittersweet, porcelain berry or others. 18) LANDSCAPE PLAN- a design for the exterior landscape of a property that includes the size, type, and location of trees, shrubs, and other natural elements, and may include grading, tree removal, and tree preservation measures and is reviewed and approved by a land use board. 19) LAND USE BOARDS- independent bodies that make decisions regarding land use in the City under the enabling authority given under the State of New York, County, and/ or local law. These include the Architectural Review Board. Zoning Board of Appeals and the Planning Board. DEC 2 3 2020 20) LOT- any separately designated parcel as shown on the City Tax Maps. 21) MEMORIAL TREE- a tree commemorating a person, location or event. 22) NON-PUBLIC ( PRIVATE) PROPERTY- any property owned by a private individual or entity. 23) ORDINARY HOMEOWNER —an individual( s) holding the title to the property, the owner of an owner -occupied residence. 24) OWNER- an individual or entity holding title to property ( includes a lessee). 25) PERMITTED TREES- trees identified as suitable for planting that are included on the list developed and maintained by the Commissioner of Public Works and the City Tree Surgeon. 26) PUBLIC PLACE/PROPERTY- any land or space owned by the City of Mount Vernon or any other governmental entity, including a park, sidewalk, walkway, pathway, street, road, highway or any other public right-of-way as defined herein. 27) PUBLIC RIGHT-OF- WAY- each street, road or highway, as the same is defined by the Highway Law of the State of New York, as from time to time amended, which is owned, controlled or otherwise subject to the jurisdiction of the City. 28) PUBLIC TREE- any tree growing in any public place, property or right-of- way. 29) REMOVAL- means an act that causes or may reasonably be expected to cause a tree to die, including_ i.) uprooting, ii.) severing the main trunk, iii.) damaging the root system, iv.) excessive pruning, v.) and removal of bark. 30) REPLACEMENT TREE- a tree of at least three ( 3) inches DBH, planted for the purpose of replacing a significant tree, in accordance with the terms of a granted permit, when a project requires City Planning Board approval. 31) SIGNIFICANT TREE- a tree that is protected under this chapter when it either: i.) has reached maturity, defined as reaching at least eight (8) inches DBH, or ii.) has reached 75% of its maturity, or iii.) is an endangered or threatened tree, as defined under 4252- 2( A)(10), or iv.) is a heritage tree, as defined under 252- 2( A)( 12), or a memorial tree, as defined under 252- 2( A)( 19). DEC 2 3 2020 321 TREE- a tree is generally defined as a woody perennial plant, typically having a single stem or trunk growing to a height of at least thirteen ( 13) feet at maturity and bearing lateral branches at some distance from the ground. 252- 3. Regulation of trees in public places. A. Permit Required. It is unlawful, for any individual, entity, corporation, utility company, telecommunications company, electric company, gas company or organization to pot or plant any tree upon any part of any public property or City park without first obtaining from the Commissioner of Public Works a written permit to do so, and without complying in all respects with the conditions set forth in this chapter and in such written permit. B. Cutting and Pruning. It is unlawful, for any individual, entity, corporation, utility company, telecommunications company, electric company, gas company or organization without the written permit of the Commissioner of Public Works, to cut, break, injure or misuse any tree or shrub planted or growing in any public property, or to remove any device set for the protection of any tree, shrub or plant in any public property or City park. Utilities, or their agents, responsible for maintaining rights-of-way in the City shall follow the tree maintenance practices established by the International Society of Arboriculture ISA). Utilities performing work at street level or below shall take reasonable precautions against inflicting injury to any tree and/ or its roots. A written permit from the Department of Public Works is necessary for any person desiring for any lawful purpose to cut, prune or trim any tree in any public property. C. Destruction or Removal. It is prohibited, for any individual, entity, corporation, utility company, telecommunications company, electric company, gas company or organization to kill or remove, or cause, authorize or procure the death or removal of, any tree planted or growing in any public street, or any tree or shrub planted or growing in any City park or public place, without first making an application to the Commissioner of Public Works and obtaining a written permit therefore. D. Injurious Substances. It is prohibited, for any individual, entity, corporation, utility company, telecommunications company, electric company, gas company or organization to cause, authorize or procure any brine water, oil, liquid dye or other substance deleterious to tree life to lie, leak, pour, flow or drip on or into the soil about the base of a tree in any public property or City park, or onto a sidewalk, road, street or pavement therein at a point where such substance may in any manner injure such tree. E. Planting and Maintenance. 1) It is prohibited, except with the written permit of the Commissioner of Public Works, to place or maintain upon the ground in any public property any stone, cement or other material or substance in such manner as may obstruct the free access of air and water to the roots of any tree in any such property. Unless otherwise provided for in such written permit as above stated, there must be maintained about the base of the trunk of each tree in the public streets and City parks at least six ( 6) square feet of open ground for a tree of three ( 3) inches in diameter, and for every two (2) inches of increase of such diameter, there must be an increase of at least one ( 1) square foot of open ground. However, no 5) DEC 2 3 2020 violation of this section is deemed to exist until thirty ( 30) days after a specific written notice has been served by the Commissioner of Public Works. 2) No permit for planting trees is to be provided where the soil is too poor to ensure the growth of the tree, unless the applicant or owner agrees to excavate a suitable hole of not less than thirty-six (36) cubic feet and to replace the material removed with suitable good loam. 3) No tree is to be planted measuring less than two -and -one- half (2- 1/ 2) inches in diameter of trunk one ( 1) foot above ground. The trunk of each tree shall be without branches not less than seven ( 7) feet, but no more than nine -and -one- half (9. 5) feet, from the ground. 4) It is the duty of every property owner and occupant to maintain the planting strip. Such planting strip is to be located adjacent to, and extend along the entire length of, the curb of the street. F. Interference with Public Works employees. It is prohibited, to interfere or cause or authorize any interference, with the Commissioner of Public Works or any of his employees, agents or workers while they are engaged in and about the planting, cultivating, pruning, spraying or removing of any tree in any public street or City park, or in the removing of any device attached to said tree as may be necessary for the protection and care of any such tree in accordance with the requirements set forth under this chapter, excluding any and all prior contracts. G. Placement of wires and poles. It is prohibited, for any person to cause or authorize a wire or other conductor charged with electricity to come into contact with any tree on public property in such manner as may injure or destroy such tree, or to locate, place or maintain any pole or post in such manner as to interfere with any tree or shrub growing upon any public street, park or public place. H. Protective devices and precautions. 1) It is prohibited, to attach or keep attached to any tree on public property, or to any guard or stake intended for the protection of such tree, any rope, wire or sign or any other device which may inure the tree in any manner or detract from the usefulness of the guard or stake. 2) In case of improvements to any premises in front of which there are trees, the owner and contractor making such improvements is to protect the trunks of said trees to the height of five ( 5) feet with boards before such work is commenced, all to the satisfaction of the Commissioner of Public Works. I. Damage by animals. It is prohibited, to tie any animal to any tree on public property or to allow such animal to injure any tree. 252- 4. Maintenance responsibilities of owners and occupants and removals of trees located on private property. A. Maintenance responsibilities include: 1) Tree pruning that does not damage the basic nature of the tree and does not reduce the size of the tree by more than one- fourth ( 1/ 4). lo> DEC 2 3 2026 2) In the case of trees standing on any lot or land having branches or roots 5 which project over or underneath an adiacent lot, sidewalk or roadway, the owner of the adjacent lot must notify the owner of the tree, so the owner of the tree may trim said branches or roots in order that the branches not adversely interfere with said adjacent lot, and said trimming does not adversely affect the viability or overall appearance of the trees. In the case that the owner of the tree does not resolve the issue within thirty days ( 30) the owner of the adjacent lot may notify the Department of Buildings for relief in the form of a citation, or may then trim said branches or roots in order that the branches not adversely interfere with said adjacent lot, and said trimming does not adversely affect the viability of the trees. 3) Control of infested trees, shrubs, and bushes, and control of invasive vines. It is prohibited to permit or allow to remain in the City of Mount Vernon any tree, shrub or bush or part thereof which is infested with fungi, caterpillars, insects, worms, maggots, parasites, larvae or grub of lepidopterous insects or other creeping segmented animals which cause destruction or damage to trees, shrubs or bushes and spread by passing to other trees, shrubs or bushes, thereby causing destruction of or damage to property of others and becoming a public nuisance. i.) Required removal by private property owner( s). The Commissioner of Public Works or the City Tree Surgeon has the authority to require the owner of any tree or vegetation in violation of Subsection ( 3) hereof to take down said tree and remove the same. ii.) It is the duty of the owner of any such infested tree, shrub or bush in the City, upon notification by the Commissioner of Public Works, for the owner, to destroy all such fungi, caterpillars, insects. worms, maggots, parasites, larvae or grub of lepidopterous insects or other creeping segmented animals which infest any tree, shrub or bush or part thereof on such land or to destroy the infested tree, shrub or bush or part thereof, including invasive vegetation. iii(a) In case the owner of any such tree, shrub or bush fails to remove the same within thirty (30) days after written notice to do so has been served upon him, either personally or by delivering the same at his last known place of residence, or. if he be a nonresident, by mailing the same to him at his last known place of residence, or, if the name of the owner or his place of residence cannot be ascertained after due diligence, by posting the same in a conspicuous place upon the premises where the tree, shrub or bush is found, the Commissioner of Public Works or City Tree Surgeon shall have said tree, shrub or bush removed and destroyed. b) The Commissioner of Public Works or City Tree Surgeon may, upon the completion of the work of such removal and destruction, send to the owner of the property upon which said work has been done whose name appears on the last assessment roll, a bill for the value of the work done if the Department of Public Works does such work. In the event that the Department of Public Works hires a private concern to do such work, a bill for the actual amount charged by the private concern for the work is to be sent to such owner. Such bill may be sent by regular mail or be personally served, which bill will be paid by such owner to the City of Mount Vernon' s Comptroller. c) In the event such bill is not paid by the owner within thirty ( 30) business days after receipt by the owner, the Commissioner of Public Works will, with respect to each separately owned parcel of property where such work has been done, certify such expense to the City DEC 2 3 2020 Council of the City of Mount Vernon. Such amount may thereupon be 6 chargeable and become a lien upon such parcel of property and be levied, collected and enforced in the same manner, by the same proceedings, and under the same penalties, as an assessment for a public improvement. In all cases where the Commissioner of Public Works certifies expenses to the City Council pursuant to the foregoing provision of this section, he will simultaneously transmit to the Comptroller a duplicate original of such certification, and the Comptroller, upon receipt thereof forthwith docket the amount of such expense in the tax rolls against the real property affected with a notation " Assessment pending pursuant to &252- 4( A)(3)( iii) of Chapter 252 of the Code of the City of Mount Vernon." B. Permitted Removal by private property owner( s). 1) Removals on private property by a private property owner does not require a permit if: i.) the tree is less than ten ( 10) inches DBH, or ii.) no more than two (2) trees exceed ten ( 10) inches DBH, or iii.) the tree( s) have to be removed under an actual emergency, supported by documentation, when such removal is necessary for the protection of life or property, including adjoining properties. iv.) the tree is infested as described in &252- 4( A)(3)( iii) v.) while a tree permit is not required; other permits may apply. Please check with the Department of Public Works for more information. 2) Removal of any tree( s) not specified under $ 252-4( B)( 11( i-v) is prohibited without filing an application to the Department of Public Works and obtaining a written permit. 3) Proper Removal: When trees are removed, tree stumps are to be ground down to six (6) inches below ground level and covered flush with the surface. 4) Damages caused by Removal: If there are any damages to a sidewalk, structure or surrounding area(s) caused by the removal of a tree, the contractor hired for said removal will be liable for all cost associated with the damages. 252- 5. Tree Removal Permitting Procedure. A. An application for a tree removal permit is to be made by the owner or any other qualified person, firm or corporation authorized to perform the work on behalf of the owner. The request for tree removal is to be made to the Department of Public Works and will afford the City advance notice of at least twenty (20) business days to conduct an inspection. The permit fee for each tree to be removed is to be $ 75. 00 per tree. There will be no permit required or fee charged where the tree has been determined by the City Tree Surgeon to be diseased, infested or dangerous. B. Applications for the tree removal permit shall include the following information: 1) Name and address of the applicant. 2) Address of the property on which the trees are located. OEC : 3 2020 3) Tree Information. i.) The total number of trees to be removed. ii.) The DBH of each tree. iii.) Of the total, the number of trees that qualify as significant tree( s) as defined by $ 252- 2( A)(28), and which of these are endangered or threatened species as previously defined by 5252- 2( A)( 10), and/ or a heritage tree, as defined under 5252- 2( A)( 12), or a memorial tree, as defined under 5252- 2( A)(19). iv.) The total number other tree( s) specified under 5252- 4B1( 1)( i- v). 4) The purpose of the tree removal. 5) A sketch drawn by the applicant and/ or still photographs showing the dimensions of the property, the location of all trees, and the DBH and location of the trees to be removed, which are labeled as specified in 5252- 5( B)( iii, iv). 6) Proof of approval of any additional permits required for the removal of trees must be submitted with application. 7) All tree removal application must show the retention of a licensed contractor to perform said removal. 8) Licensed Contractor: License required. No person shall fell, cut, trim, or remove any tree for hire within the City, the branches or trunk of which is two inches or more thick at the point of severance, without a license. 9) Hours for Tree Removal: Except as permitted herein, the hours permitted for the removal of tree( s) shall be between 7: 30 am to 3: 30pm during the week. A permit is required to perform weekend removal. C. The Building Department and the Department of Public Works ( DPW) with the advice of the Mount Vernon Tree Advisory Board has the authority to determine whether to grant, deny, or grant with condition, a tree removal permit after inspection by the City Tree Surgeon and consideration of the factors in an emergency 5252- 9, and may require the replacement of trees in compliance with the terms of 5252- 10. D. The applicant shall be notified of permit decisions in writing and/ or email, if approved. If the permit is denied, the applicant will be notified in writing and/ or email by the Department of Public Works of the reason for any denial. 252- 6. Removal of trees on private property under review by a City Land Use Board. A. It is prohibited to remove or cause the removal of trees from any lot without obtaining the approval of the reviewing City land use board( s), in addition to a tree removal permit from the Department of Public Works. B. No applicant to the Architectural Review Board seeking certificate of appropriateness review within the next 5 years may remove or cause the removal of any significant tree as previously defined by 5252-2( A)(28), or other tree( s) not specified under 5252- 4(B)( 1)( i-v), from any lot without the approval of the Architectural Review Board, in conformance with the procedures and criteria of this chapter. 3 9) DEC 2 3 2020 C. No applicant to the Planning Board seeking subdivision, special use permit J, and/ or site plan review may within the next five years remove or cause the removal of any significant tree as previously defined by 4252- 2( A)(28), or other tree( s) not specified under 6252-4( B)( 1)( i-v), from any lot without the approval of the Planning Board, in conformance with the procedures and criteria of this chapter. D. Method of protecting remaining trees. All trees on property to be graded or near any excavation or construction of any building may be guarded with a substantial fence, frame or box not less than five ( 5) feet high and eight ( 8) feet square. All building material, dirt and debris should be kept outside the barrier. 252- 7. Subdivision, site plan and special use permit review. A. Any application to the Planning Board for a subdivision, site plan, or special use permit review will include a landscape plan and schedule showing all existing significant trees, as previously defined in 6252- 2(A)(28), and their DBH as well as trees to be removed and trees proposed to be planted, with their DBH. No separate tree removal permit application is needed for said application. The City Tree Surgeon will submit in writing or email, if there is an objection, within sixty ( 60) days. B. The Planning Board has the authority to determine whether to grant, deny, or grant with conditions removal of the tree( s) under this chapter after consideration of the factors in 4252- 9, and may require replacement of trees in compliance with the terms of 6252- 10. C. In granting approval to an applicant for tree removal, the Planning Board will comply with all applicable public notification requirements. 252- 8. Certificate of appropriateness review. A. Any application to the Architectural Review Board for a certificate of appropriateness will include a landscape plan and schedule showing all existing significant trees, as previously defined in 6252- 2( A)(28), and their DBH as well as trees to be removed and trees proposed to be planted, with their DBH. No separate tree removal permit application is needed for said application. The City Tree Surgeon will submit in writing or email objection, if any, within sixty (60) days. B. The Architectural Review Board applications will be forwarded to the Planning Board, which has the authority to determine whether to grant, deny, or grant with conditions removal of the tree( s) under this chapter after consideration of the factors in 6252-9, and may require the replacement of trees in compliance with the terms of 4252- 10. 252- 9. Determination by approving authority for the removal of trees on private property. A. In making its determination to grant, deny, or grant with conditions the removal of significant tree( s), as previously defined in 6252- 2( A)(28), the approving authority will consider the environmental impact and practicable alternatives of the proposed tree removal such that all requirements of the State 3 DEC 2 3 2020 Environmental Duality Review Act and regulations of the State Department of Environmental Conservation are satisfied. B. Factors for consideration in making the determination to grant, deny, or grant with conditions the removal of the significant tree( s), as previously defined in 252-2( A)(28), include: 1) If the tree is dead or in poor health with an expected lifespan less than two 2) years, as determined by the City Tree Surgeon. 2) If the tree is diseased, insect -infested or an invasive species, or is otherwise hazardous and endangers the public, a neighboring property, the property of the owner, or the health and safety of neighboring trees. 3) The number of trees to be removed. The practice of clear cutting is strongly prohibited by the City and will only be considered where extenuating circumstances are determined to be present by the approving authority. Additional information as needed or deemed necessary by the approving authority may be required to establish extenuating circumstances. Failure to follow this condition may result in a denial of application for any proposed construction or development. 4) Whether the tree( s) substantially interferes with the proposed construction or development on the lot(s), especially if the tree is located: i.) Within three ( 3) feet of an existing or proposed sidewalk or driveway. ii.) Within five ( 5) feet of an existing or proposed dry well, leaching pit, drain, or other subsurface improvement. iii.) Within five ( 5) feet of an existing or proposed roadway. iv.) Within five (5) feet of any other existing or proposed structure. 5) If the tree removal( s) will have an effect upon: i.) Drainage and erosion patterns in the vicinity. ii.) Growth of existing or proposed adjacent vegetation. iii.) The health, safety or welfare of the residents of Mount Vernon. iv.) The character of the neighborhood and the property values of the surrounding area. 6) Debris removal does not include the removal of trees. C. The approving authority will grant the permit subject to conditions including, but not limited to, the following: 1) Require the reasonable relocation of proposed foundation walls, driveways, surface and subsurface improvements or drainage systems to preserve specific trees. 2) Require such safeguards as appropriate to minimize the environmental impact of such removal operations. D. The City Tree Surgeon shall review the tree permit application and shall give recommendations to the approving authority on whether the permit should be accepted, altered, or denied. The City Tree Surgeon shall provide said recommendations within twenty (20) business days of the filing of the application for the permit. One extension of no more than five ( 5) business days DEC 2 3 2020 may be granted by the reviewing authority if requested by the City Tree Surgeon. S 252- 10. Replacement of trees removed or proposed to be removed from private property in accordance with a permit. A. For any lot(s) of any size for which the approving authority has granted a tree removal permit, replacement tree( s) may be required to be planted for every significant tree, as previously defmed in $252-2( A)(28), that is to be removed, in accordance with Subsection B below. In lieu of planting replacement tree( s) on that lot(s), and only when technically impractical or impossible, the alternative arrangement in Subsection D below may be pursued. B. When the Approval Authority deems it necessary to ensure the protection of trees scheduled for preservation or conservation, or to ensure the installation of required replacement plantings, the Approval Authority may require that the applicant furnish the City with a performance bond, cash escrow and/ or irrevocable letter of credit from an approved financial institution or surety, to be approved by the City Attorney, in an amount sufficient to cover 90% of the protection, planting and restoration work to be completed in accordance with the approved plans accompanying all applications. The remaining 10% of the cost of protection, planting and restoration work shall be deposited in a cash escrow account maintained by the City and released upon the running of the warranty period and the satisfaction of all of the permit conditions. Under all circumstances, the performance bond, cash escrow, or irrevocable letter of credit obtained by the permit holder, shall continue in full force and effect until there has been full compliance with, and approval of, all restoration work required by the Approval Authority. In the event planting and restoration work has not been substantially completed within one year and no permit extension has been applied for or granted, the Approval Authority shall have the right to consider the permit abandoned and declare the performance bond, cash escrow, or irrevocable letter of credit in default, and may apply the escrow deposit and/or the proceeds of the bond or letter of credit to perform all required planting and restoration work. By accepting a permit, the applicant and property owner thereby agree to this procedure and grant unconditional access to the land for such restoration purposes. C. In addition, to mitigate the removal or proposed removal of any significant tree, as previously defmed in §252-2( A)(28), the property owner may be required to plant new tree( s) with a minimum DBH of three ( 3) inches. Each tree removed must be replaced by at least one ( 1) tree of such species that is on the official list of permitted trees, as issued by the Commissioner of Public Works. D. Such new tree planting is to be satisfied within six (6) months of issuance of a tree removal permit. The planting of the tree( s) will be in accordance with the best practices of licensed tree professionals, the nursery from which the tree is purchased, and/ or the specifications of the City Tree Surgeon. E. When direct replacement of tree( s) on the lot from which tree(s) are being removed is not feasible, the property owner may pay to the City the cost of the replacement of the tree( s). This fee -in -lieu will be deposited into a separate City account, the Mount Vernon Tree Fund, created specifically for this purpose as described in 252- 18. DEC 2 3 2020 1) The total amount required to be paid as a fee -in -lieu is be determined by the number of trees removed and not replaced multiplied by $ 500. 2) A payment of fee -in -lieu shall be satisfied at the time of the issuance of a tree removal permit. 252- 11. Suspension or revocation of permit for the removal of trees on private property. A. The Buildings Department may suspend or revoke a permit in the form of a stop -work order if it is found that the applicant has not complied with any or all of the terms of such permit, has exceeded the authority granted in the permit, or has failed to undertake the project in the manner set forth in the approved application. B. The applicant will receive written notice of said stop -work order, which notice shall be delivered personally or by regular mail and addressed to the applicant' s address as shown on the permit or address listed in the assessor' s office. 252- 12. Completion. A. Term for completion. 1) No permit shall be valid for more than one ( 1) year after approval of an application, unless otherwise specified by the approving authority. 2) In the case of tree plantings required in coniunction with subdivision, site plan, special use permit or certificate of appropriateness review, the applicant may be granted up to one ( 1) additional year extension of approval. 252- 13. Inspection. Any site for which an application has been submitted may be subiect to inspection upon notice to the property owner and/ or applicant at any reasonable time, by the Department of Public Works and the City Tree Surgeon. The applicant, by making application for such permit, shall be deemed to have given its consent to such inspection. 252- 14. Appeals. Any applicant aggrieved or affected by the determination of the Commissioner of Public Works, and City Tree Surgeon or other Certified representative has the right, within ten ( 10) business days from the date of the determination, to appeal to the Department of Public Works and state the reason for the appeal. A decision on the appeal will be provided within sixty ( 60) calendar days of appeal. 252- 15. Emergency removal. In circumstances where the condition of a public tree poses an immediate threat to health or safety, as determined by the City Tree Surgeon or the Department of Public Works, or designee, the tree may be removed without a permit. 3 J3) DEC 2 3 2020 4 252- 16. Enforcement and penalties for offenses. A. Enforcement. It shall be the duty of the Commissioner of Public Works and/ or the City Tree Surgeon to see that the provisions of this chapter are enforced and obeyed. B. Penalties. 1) Any person who violates any provision of this chanter may be held responsible for a violation under the provisions of the Mount Vernon City Code, punishable by a fine of not more than $ 1, 000 per tree, for the first tree. For a second and subsequent offense, within a one- year period, the violator may be guilty and held responsible for a violation punishable by a fine of not more than 2 000 per tree. All fines shall be deposited in the Mount Vernon Tree Fund. 2) In addition to any other penalty, the violator will be required to repair or replace, in kind, each and every tree harmed or removed in violation of this chapter, or pay a fee -in -lieu of replacement, in accordance with the replacement provisions of 5 252- 10. 3) All trees which fail to survive for a period of two ( 2) years following planting shall be replaced by the violator at no expense to the City or the owner of the land, if other than the violator. Said replacement will be within six (6) months following written demand for such replacement from the approving authority or within an extended time period as may be specified. 4) No building permit or certificate of occupancy may be issued for any new construction on the property on which any violation of this chapter occurred unless and until the provisions of this chapter has been satisfied. Further, any site plan approval, special use permit, subdivision approval, building permit, or certificate of appropriateness associated with the violation will be suspended or revoked until steps taken by the offender meet the satisfaction of the approving authority. Work may only resume upon the issuance of a certificate of completion by the Commissioner of Public Works, for actions located on public property, or the Building Inspector, for actions located on private property. 5) Any mitigation work must be approved and performed to the satisfaction of the approving authority. C) ECONOMIC HARDSHIP. A. Notwithstanding 4 252- 10 above, an ordinary homeowner applicant may apply for relief from the requirements of this chapter or conditions imposed by the DPW Commissioner on the grounds that such requirements or conditions will result in an economic hardship. The ordinary homeowner applicant, in this instance, should, as part of the application to the Board, provide the support data as required by the Board. 4 252- 17. Mount Vernon Tree Advisory Board. A. A five ( 5) member advisory board known and designated as the " Mount Vernon Tree Advisory Board" is to be established to assist the City of Mount Vernon with planting, management and preservation of trees. The board will consist of the Certified City Tree Surgeon, a designee from the Department of Planning and three members of the public, serving three- year terms, to be DEC 2 3 2020 approved by the Citv Council. The Mount Vernon Tree Advisory Board is to meet regularly to: 1) Study the problems and determine the needs of the City of Mount Vernon in connection with its tree planting and maintenance program. f2) Regularly update and maintain the list of approved trees to be planted upon City property. 3) Assist the City Council with dissemination of information to the general public regarding the revised Tree Ordinance as it affects City property, and the responsibilities of private property owners thereto. 4) Advise the City land use boards regarding the impact of trees on development and maintaining the neighborhood character of the City. c5) Oversee the programs of pruning, maintenance, removal and replacement of City trees. B. All applications for site plan review will be copied to the Mount Vernon Mount Vernon Tree Advisory Board. 252- 18. Mount Vernon Tree Fund Escrow Account. The Mount Vernon Tree Fund shall be administered as a " discreet separate" fund with a separate section under the Budget of the City of Mount Vernon with separate designations in the Revenue, Appropriation and Expense Sections of the Budget. The Mount Vernon Tree Fund shall be the repository for all fines and fees derived from activities under Chapter 252 -Trees as well as any grants and contracts received by the City of Mount Vernon that are specifically directed at the maintenance and planting of trees in the City of Mount Vernon. The Commissioner of the Department of Public Works shall be designated by the Mayor of the City of Mount Vernon to administer projects and spending that come under the purview of the Tree Fund. All purchasing, spending and accounting for funds of the Tree Fund shall follow the protocols of the Mount Vernon City Charter and Mount Vernon City Code pertaining to the financial responsibilities of The Mayor, The Comptroller, The Mount Vemon City Council, and Board of Estimate and Contract for all budgeting, revenue collection and spending approval. The Mount Vernon Tree Advisory Board shall receive monthly, Quarterly and Annual Reports of the Mount Vernon Tree Fund and shall be allowed to participate in financial decision-making related to The Mount Vernon Tree Fund on an advisory basis only. 252- 19. Severability. Should any part or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the ordinance as a whole or any part thereof other than the part held to be invalid.  DEC 2 3 2020 Section 2. This ordinance shall take effect immediately. New matter underlined Deleted Matter in Brackets [ o 0 N N Cd' N}N M 00 Councilperson ORM THIS ORDINANCE O ADOPTED BY CI Y COUNCIL g o6 v L I- N O A istant Corporation Counsel a 0 Press• = nt N W $} O ATTEST: I- r Q D li U Deputy City Clerk APPROVED Dept. 3