As used in this chapter, the following terms
shall have the meanings indicated:
CROWN
The aboveground parts of the tree that give the tree its
normal shape at maturity.
DEVELOPED LOTS
Land improved by any building as defined in §
250-9 of the Code of the Village of Port Jefferson, New York.
DIAMETER AT BREAST HEIGHT (DBH)
The tree trunk diameter measured in inches at a height 4.5
feet above the ground. If a tree forks into multiple trunks below
4.5 feet, the trunk is measured at its most narrow point beneath the
forks.
DISEASED OR DEAD
Trees and shrubs or branches of trees and shrubs showing
no leaf growth for a full growing season.
DRIPLINE
The vertical line extending from the outermost edge of the
tree canopy to the ground.
GRUBBING
The removal of tree's stumps, roots and the like.
HABITAT
The natural growing characteristics of any tree, which include
branch spread and distribution, branch height above the ground and
root spread and distribution.
HISTORIC TREE
Any exceptional specimen tree that is of unique and intrinsic
value to the general public because of its size, age, historic association
or ecological value.
LAND CLEARING
The indiscriminate removal of trees, shrubs and/or undergrowth
by stripping or any other process, with the intention of preparing
real property for nonagricultural development purposes. This definition
shall not include the selective removal of nonnative tree and shrub
species when the soil is left relatively undisturbed, the removal
of dead trees, or normal mowing operations.
MINOR REMOVAL
With respect to trees, the removal of two trees or less from
any property, except that such trees cannot be historic. With respect
to removal other than trees, "minor removal" shall be defined as not
exceeding 10% of the lot per year, but in no event shall such clearing
exceed the limits set forth in Table 1. In all cases of minor removal, the owner/resident of the
subject property is encouraged to complete a short-form notice as
to such removal and file the same with the Village of Port Jefferson
Building Department.
NATURAL VEGETATION
Existing and naturally occurring indigenous vegetation that
grows and is maintained without need of irrigation or applications
of fertilizers, pesticides, herbicides or other substances.
PRUNING
The cutting or removing of any part of the branching structure
of a tree in either the crown, trunk, or root areas.
SHRUB
A woody plant smaller than a tree, usually having multiple
permanent stems branching from near the ground.
SIGNIFICANTLY DAMAGED
Trees damaged by weather, natural disasters, and the like
which are determined by the Planning Board or its designee to be incapable
of restoration to a normal growth pattern or have a structural defect
that constitutes a threat of injury to persons or damage to property.
TOPPING
Also known as stubbing, dehorning, or lopping; refers to
the cutting back of the leader stem or limbs into stubs larger than
three inches in diameter within the tree's crown so as to remove the
normal canopy and disfigure the tree.
TOPSOIL
The upper layer of soil, comprised primarily of a mixture
of organic matter and mineral matter, which may vary in depth from
three inches to 18 inches.
TREE
Any living, self-supporting woody perennial plant which has
a trunk caliper of four inches or more measured at a point six inches
above the ground and which normally obtains a height of at least 10
feet at maturity, usually with one main stem or trunk and many branches.
TRUNK CALIPER
The thickness of trees measured in inches. A caliper measurement
for trees shall be measured six inches above the soil line.
Prior to the commencement of any site clearing
or tree and natural vegetation alteration, a removal permit shall
be obtained from the Planning Board. During any type of clearing/grubbing
and development, the following measures will be utilized to protect
any tree on site that is not designated for removal:
A. Soil disturbance under the canopy of the tree will
be limited to six inches removed or six inches added. Any soil added
under the canopy of the tree must be a loamy soil mix to ensure that
compaction is minimized.
B. Designated existing trees scheduled to remain shall
be protected against:
(1) The unnecessary cutting, breaking, or skinning of
roots.
(2) The skinning and bruising of bark.
(3) The smothering of trees by stockpiling construction
or excavation materials within the dripline.
(4) Excessive foot or vehicular traffic.
(5) The parking of vehicles within the dripline.
C. A temporary wooden snow fence or orange fencing shall
be erected at a minimum distance from trees not designated for removal
before commencement of any site clearing and grading. The fence is
to be a minimum of four feet tall, with posts set deep enough in the
ground to be stable without additional support. For protected trees
four inches in caliper or more, protective barricades shall be placed
a minimum distance of 10 feet from the base of each protected tree.
Nothing shall be placed inside of the protective barricades, including,
but not limited to, construction material, machinery, chemicals or
temporary soil deposits. When paving, excavation or hardscape must
be done within barricades; barricades shall be moved back to a secondary
location at the edge of work. Extra care must be taken at this time
by the contractor to ensure that no damage to the tree or its roots
occurs.
D. All roots outside of the protective barricade to be
removed during development shall be severed clean, and a two-inch
layer of mulch shall be applied over the surface of exposed roots
during development.
(1) Trenching shall be no closer than six times the diameter
at breast height (DBH) to the affected tree, nor shall it disrupt
more than 30% of the dripline root area.
E. One corridor shall be designated for site access,
preferably where the driveway or parking area will be located. Construction
equipment access, material storage, fuel tank storage, chemical or
cement rinsing, vehicle parking and site office locations shall be
limited to nontree areas.
F. If trees are wounded or stressed during construction,
any wounds to the bark should be cleaned to sound wood by removing
loose bark and wood, leaving a smooth edge around the wound. Do not
apply a wound dressing.
Maintenance pruning allows for the healthy,
uniform growth of a tree. Tree pruning shall promote the health and
natural growth of the tree.
A. A permit shall not be required in order to perform
pruning.
B. Tree pruning shall be accomplished in accordance with
the procedures set forth in the 1995 ANSI A300 standards, Standard
Practices for Tree, Shrub, and Other Woody Plant Maintenance.
C. The use of unnatural pruning techniques will be considered an unauthorized removal of a tree. Examples of unnatural pruning are topping, stubbing, dehorning and lopping. Violators of this provision shall be subject to the penalties as stated in §
241-11, Penalties for offenses.
It shall be unlawful for any person who is being paid a fee for the business of planting, cutting, trimming, pruning, removing, or otherwise modifying trees within the Village of Port Jefferson to conduct such business without first signing an affidavit stating that he/she has received and read Chapter
241, Trees, Grading and Land Clearing, of the Code of the Village of Port Jefferson, New York, and the 1935 ANSI A300 standards. Such affidavit shall be completed and submitted when making application to the Village of Port Jefferson for a removal permit, together with a bond, or cash alternative, in an amount determined by the issuer of any such removal permit, which bond or cash alternative must be in a form satisfactory to the Village Attorney.
The Building Inspector of the Village of Port
Jefferson shall enforce this chapter.