This chapter shall be known and may be cited as the "Tree Preservation
and Land Clearing Law of the Town of Smithtown."
It has been established that trees stabilize the soil, control
water pollution by preventing soil erosion and flooding, absorb air
pollution, provide us with oxygen, yield advantageous microclimatic
effects, have an intrinsic, aesthetic quality, offer a natural barrier
to noise and provide a natural and valuable habitat for wildlife in
our area and that the removal of trees deprives all segments of our
society of these benefits while disrupting the ecological systems
of which they are a part. It is, therefore, the intent of the Town
Board of the Town of Smithtown in enacting this chapter to regulate
the destruction and removal of trees to secure these various benefits
to the maximum extent possible for the present and future inhabitants
of the Town of Smithtown.
For the purpose of this chapter, the following terms, phrases
and words shall have the meanings ascribed herein:
HABIT
The natural growing characteristics of any tree, which includes
branch spread and distribution, branch height above ground and root
spread and distribution.
PERSON
Any individual, firm, partnership, association, corporation,
company, organization or legal entity of any kind, including municipal
corporations or governmental agencies or subdivisions thereof.
REAL PROPERTY
Includes all unimproved real property and improved property
which is either subject to further subdivision within the zoning district
in which it is located or, if nonresidential, is subject to an expansion
or replacement of existing facilities thereon which would result in
a greater percentage of lot area covered by either buildings or appurtenant
facilities in conformance with the Building Zone Ordinance of the
Town of Smithtown.
TREE
Any living perennial, woody plant, its branches, its root
system and its trunk, if greater than three inches in diameter measured
three feet from ground level and six feet in height measured from
ground level.
Each application shall be filed with the Town Clerk and be accompanied
by an application fee of $100.
Upon receipt of the application, the Town Clerk shall forward
such application to the Conservation Board of the Town of Smithtown.
The Conservation Board of the Town of Smithtown shall seek the guidance
of all governmental agencies which may be concerned with the application,
including but not limited to the Regional Office of the New York State
Department of Environmental Conservation and the Suffolk County Planning
Commission. The Conservation Board shall review said application and
shall hold a public hearing on such application after causing to have
published a public notice of said hearing in the official newspaper
of the Town not less than 10 days prior to said hearing. In addition,
all owners of lands within a radius of 200 feet from the perimeter
of the subject real property shall be notified by the applicant of
the hearing, by certified mail, return receipt requested, mailed to
the address shown on the current Town of Smithtown assessment roll,
not less than 10 days before the hearing. An affidavit to that effect,
together with the receipts, shall be filed with the Conservation Board
at the time of the hearing. At such public hearing all interested
persons or groups may appear. After the public hearing the Conservation
Board of the Town of Smithtown shall report within a reasonable time
to the Town Board its findings and make recommendations with respect
to the application for a permit. Such findings and recommendations
shall take into account the following considerations:
A. The location and size of the trees to be removed.
B. The condition of the trees with respect to disease and potential
for creating hazardous conditions.
C. The proximity of the trees to existing or proposed structures and
utility appurtenances.
D. The necessity of the removal for the project in question.
E. The environmental effect of the removal.
F. Good horticultural and vegetation management practices.
G. Any of the considerations enumerated in the legislative intent of
this chapter.
The Town Board may adopt a resolution directing the issuance
of a permit herein for the removal, destruction or alteration of the
habit of trees, subject to regulation by this chapter, if it finds
that the public interest will not suffer a significant adverse impact.
The Town Board may, at its discretion, impose conditions upon its
approval and the issuance of said permit.
[Amended 2-5-1985 by L.L. No. 2-1985; 5-8-2007 by L.L. No. 5-2007]
No certificate of occupancy shall be issued by the Building
Director for any building, structure, premises lot or land unless
the Environmental Protection Director has determined that the tree
preservation and land clearing plan, as approved or subject to conditions,
and all other provisions of this chapter have been complied with.
[Amended 2-5-1985 by L.L. No. 2-1985; 4-30-1985 by L.L. No. 6-1985]
This chapter shall be administered by any Suffolk County police
officer, the ordinance inspectors, the Director of Planning or the
Environmental Protection Director of the Town of Smithtown, who shall
have the authority to promulgate rules and regulations for the effective
administration of this chapter consistent with the legislative intent
of this chapter. The Director of the Planning Department and the Environmental
Protection Director shall have the authority to delegate the administration
of this chapter to appropriate department personnel.