As used in this chapter, the following terms
shall have the meanings indicated:
APPLICANT
The owner of real property or their duly authorized employee,
agent or any person or persons acting on their behalf requesting a
land clearing permit for the removal of trees, shrubs and associated
and related vegetation from private or public property, pursuant to
the provisions of this chapter.
COMMISSIONER
The Commissioner of the Department of Planning and Development
of the Town of Babylon.
DEPARTMENT
The Department of Planning and Development of the Town of
Babylon.
PERSON
Any individual or individuals, corporation, firm, partnership,
association, trust, estate, public utility, public authority or any
unit of government or agency or subdivision thereof.
PRIVATE PROPERTY
Any real estate or part thereof, yard or driveway, other
than that used as a public place, road, street or highway, situated
in the Town of Babylon not public property as hereinafter defined
and not otherwise exempted by state or federal law.
PUBLIC PROPERTY
All streets, sidewalks and easements that the Town may have
over, under or upon any private property located in the Town or other
areas dedicated or commonly used by the public, as well as all lands
in which title is vested in the Town of Babylon, other political subdivision
or agency or public authority thereof located within the Town of Babylon.
TREE
Any woody plant having a diameter of one inch or more at
its thickest point, its root system and the environment within the
area defined by the outermost limits of its branches, whether living
or unliving, standing or downed.
VEGETATION
Including, but not limited to, trees, shrubs, bushes, grasses,
flowers and other similar plant life.
[Amended 4-9-1996 by L.L. No. 7-1996]
Any person wishing or intending to clear any
private or public property of any trees or associated vegetation shall
first obtain a land clearing permit from the Town of Babylon, Department
of Planning and Development, Building Division, and pay such fee as
shall be established from time to time by Town Board resolution.
[Amended 10-7-2003 by L.L. No. 26-2003; 4-27-2022 by L.L. No. 10-2022]
A. Any person who shall violate any of the provisions
of this chapter or any person who shall clear land in violation of
a condition imposed by the Commissioner on a validly issued land clearing
permit shall be guilty of an offense.
B. Any person convicted of an offense based on violating
the provisions of this chapter must have a fine imposed in an amount
fixed by the court of not less than $250 nor more than $1,500 or a
term of imprisonment not to exceed 15 days, or both, for each violation
thereof.
C. Each day's continued violation shall constitute a
separate offense.
D. Civil penalties, where imposed in a specific ordinance pursuant to the laws of the State of New York, shall be in addition to any fine and/or imprisonment provided for in Subsections
A,
B and
C of this section. In addition, any person found by the Bureau of Administrative Adjudication to have violated this article shall likewise be subject to a monetary penalty of not less than $250 nor more than $1,500.
E. In addition to the fine and/or imprisonment and civil penalties as provided for in Subsections
A,
B,
C and
D of this section, the Town Board may also take any of the following actions:
(1) Maintain an action or proceeding in the name of the
Town in a court of competent jurisdiction to compel compliance with
or to restrain by injunction the violation of any section of this
chapter.
(2) If conditions existing on the property violate the
provisions of this chapter or violate any condition imposed on a land
clearing permit, the Commissioner shall serve or cause to be served
a written notice, either personally or by certified mail, return receipt
requested, upon the owner, applicant, lessee or occupant of said property.
Said notice shall contain substantially the following: the name of
the owner, applicant, lessee or occupant of the property; the address
or location of the property; the identification of the property as
the same appears on the current assessment roll of the Town; a statement
of the condition of the property as found on the inspection; a demand
that the property be replanted or otherwise restored to the condition
in which it existed prior to the clearing of the land on or before
30 days after the service or mailing of such notice; a statement that
a failure or refusal to comply with the provisions of this chapter
and the notice given pursuant thereto within the time specified will
result in a duly authorized officer, agent or employee of the Town
entering upon the property and replanting or restoring the property
to the condition in which it existed prior to the clearing of the
land; and that the cost and expense of such removal shall be certified
to the Assessor of the Town and shall be assessed against the described
property and shall constitute a lien thereon to be collected as provided
by law.
F. Nothing contained herein shall require notice as a
prerequisite to the commencement of criminal or civil proceedings
for a violation of any of the provisions of this chapter.