Village of Nissequogue, NY Trees and Other Flora

No person shall remove any wood, trees, bushes or other flora from any property within the Incorporated Village of Nissequogue without the express written consent of the fee owner of said property.

§ 111-2 Penalties for offenses.

[Amended 4-5-1988 by L.L. No. 1-1988; 3-17-2015 by L.L. No. 6-2015]

Any person committing an offense against any provision of this article shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding the sum of $2,500 and $250 per tree, bush, or other flora or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this article shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.

Article II Actions Affecting Environment

[Adopted 4-15-1980 by L.L. No. 1-1980]

§ 111-3 Intent.

[Amended 6-27-1991 by L.L. No. 11-1991]

This article is enacted in order to ensure the continued existence of the barrier bluff and shoreline fronting Smithtown Bay (Long Island Sound), the Nissequogue River and Stony Brook Harbor and further to protect against erosion, to protect the watercourses, ecology and drainage system and protect the appearance and general welfare of the Village of Nissequogue.

§ 111-4 Cutting near barrier bluff.

No person, firm or corporation or individual connected with such firm or corporation shall either purposely or carelessly or negligently cut down, kill or otherwise destroy or commit any act which will lead to the eventual destruction of any tree or other flora within 100 feet of the ridge line of the barrier bluff as indicated on the Coastal Management Survey Map dated March 1978. Nos. 46 and 47, as updated, from time to time, by the Village of Nissequogue, the Army Corps of Engineers, the New York State Department of Environmental Conservation or any other competent authority.

§ 111-5 Permit required to remove large trees.

[Amended 6-27-1991 by L.L. No. 11-1991]

No person, firm or corporation or individual connected with such firm or corporation shall purposely or carelessly or negligently cut down, kill or otherwise destroy any tree which exceeds six feet in circumference at a distance of three to six feet above the ground unless he is in possession of a permit to do so issued by the Building Department of the Village of Nissequogue upon proper application, which application shall evidence the following:

The presence of the tree endangers the public or property of the owner.

The presence of the tree interferes with a permitted use of the property.

§ 111-6 Restrictions on removal of trees and flora.

[Amended 6-27-1991 by L.L. No. 11-1991]

Unless he is in possession of a permit issued by the Building Department of the Village, no person, firm or corporation or individual connected with such firm or corporation shall purposely or carelessly or negligently cut down, kill or otherwise destroy trees or flora:

(1)

Totalling more than 25% of the total growth of trees or flora on the property.

(2)

Within 25 feet of the border or boundary of the property with an adjoining property.

(3)

Within 25 feet of any roadside frontage of the property.

(4)

Within 100 feet of mean high water of Long Island Sound, Stony Brook Harbor and the Nissequogue River.

(5)

Within 100 feet of the ridge line of any barrier bluff.

The application for a permit to remove flora or trees shall evidence the following:

(1)

The removal of said trees and flora will not intensify the existing downward natural watercourses, either between the properties in question or any neighboring properties;

(2)

The presence of said trees or flora would cause hardship or endanger the public or the person or property of the owner; and

(3)

The presence of said trees or flora interferes with a permitted use of the property, and the removal of said trees or flora shall be performed in a selective manner.

Tree removal by utility companies and public agencies does not require a permit. The Village Building Department shall be notified of the planned removal of any tree by any utility or public agency.

§ 111-7 Sale of wood.

No person, firm or corporation or individual connected with such firm or corporation shall sell any wood from trees removed from their premises, whether within the restricted areas or on areas not encompassed by this article but within the confines of the Village, for firewood or cordwood.

§ 111-8 Enforcement by Building Department.

The Building Department of the Village of Nissequogue shall enforce this article, except where said enforcement is vested in an authorized agency of the County of Suffolk, State of New York or other municipal authority.

§ 111-9 Appeals.

Any person feeling aggrieved by the decision of the Building Department in connection with this article shall have the right to appeal the decision of the Building Department to the Board of Trustees of the Village of Nissequogue.

§ 111-10 Penalties for offenses.

[Amended 9-18-1980 by L.L. No. 5-1980; 4-5-1988 by L.L. No. 1-1988; 6-27-1991 by L.L. No. 11-1991; 3-17-2015 by L.L. No. 6-2015]

Any person or entity or individual connected with the entity committing an offense against any provision of this article shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $500 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this article shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.

Each tree removed in violation of this article shall constitute a separate offense.

The planting of replacement trees or flora may be required in addition to the fine. The type, size, number and pattern of planting of replacement trees or flora shall be determined by the Village Engineer.