1974 028 Ordinance - Laserfiche WebLink

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-2- a permit shall be granted and may attach to the granting of the permit such conditions as it deems necessary to promote the public welfare. The Zoning Board of Appeals shall not grant the permit if it finds that such removal or destruction of trees is reasonably likely to cause soil erosion, result in pollution or an unreasonably large loss of oxygen, interference with drainage and the natural supply of water, or that it will result in an unsightly and blighted condition, or will depress property value in the Village. In no event shall the permit allow the removal or destruction of trees as described in Section 1 of this Ordinance prior to the time of approval of the preliminary plan of a new subdivision, or if no new subdivision is to be created, prior to the time of the approval of the development plan or the issuing of a building permit for construction on said premises. Section 5. In the event the Zoning Board of Appeals denies the application, or attaches conditions to its approval of the application, the applicant may appeal in writing to the Council of the Village of Mayfield within 30 days after notification by said Board in writing, and Council by a vote of the majority of the members elected thereto shall at its next regularly scheduled meeting affirm, reverse or modify the decision of the Zoning Board of Appeals, subject to the limitations set forth in this Ordinance. . Section 6. If the application for a permit is granted by said Board or Council, the Building Inspector shall issue the permit. The fee for such permit shall be $10.00. The Building Inspector is authorized to require the filing by the applicant of a bond, the penal sum of which shall be in an amount which the Building Inspector reasonably estimates will be sufficient to pay the cost and expense of removing the rub ble and refuse resulting from the cutting and removal of said trees. All such rubble and refuse shall be removed from the premises in such a manner that no fire hazard will result therefrom. The sureties on said bond shall be approved by the Mayor and the Village Solicitor as to form. Section 7. Any person, firm, corporation, association or other entity who shall remove trees from land in this Village in violation of this Ordinance, and any person, firm, corporation, association or other entity who may be employed to assist in the commission of any such violation shall for each and every violation or non- compliance be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not more than $500.00, or stand committed until such fine is paid. The destruction or removal of each tree in excess of the number permitted by Section 1 hereof, without compliance with this Ordinance, sha11 constitute a separate offense. Section 8. The Village Solicitor or the owner of any property which will be specially damaged by the violation of this Ordinance is hereby authorized to apply to a court of general jurisdiction for an injunction to restrain violations of this Ordinance. Section 9. Existing Ordinance No. 72-12 entitled "An Ordinance Regulating the Destruction and Removal of Trees Within the Village of Mayfield," is hereby repealed as of the effective date of this Ordinance. Section 10. This Ordinance is hereby deemed to be an emergency measure, necessary for the immediate preservation of the public health, peace, safety and welfare of the Village of Mayfield and its inhabitan ts, in that the removal of a large number of trees without proper supervision and regulation can be a menace