[HISTORY: Adopted by the Board of Trustees
of the Village of Muttontown 9-11-2000 by L.L. No. 3-2000; amended in its entirety 12-12-2006 by L.L. No.
5-2006. Subsequent amendments noted where applicable.]
A.
The Board of Trustees of the Village of Muttontown hereby finds that
there is a direct relationship between the preservation and planting
of trees, shrubs and associated vegetation in sufficient number in
the Village and the health, safety and welfare of Village residents
and that trees, shrubs and associated vegetation are related to the
natural, scenic and aesthetic values and the physical and visual qualities
of the environment which the Village is obligated to protect. Trees
and such vegetation reduce noise, provide welcome shade to Village
residents, preserve the balance of oxygen in the air by removing carbon
dioxide and fostering air quality and create a bucolic and rural atmosphere
in the Village, especially along the roads. Trees and such vegetation
also stabilize the soil and control water pollution by preventing
soil erosion and flooding, yield advantageous climatic effects and
provide a natural habitat for wildlife.
B.
The destruction and indiscriminate removal of trees, shrubs and related
vegetation disrupts the ecological balance in nature and causes increased
Village costs for proper drainage control, impairs the benefits of
occupancy of existing residential properties and impairs the stability
and value of both improved and unimproved real property in the area
of the destruction and adversely affects the health, safety and general
welfare of the residents of the Village of Muttontown.
As used in this chapter, the following terms shall have the
meanings indicated.
The owner, contract vendee or lessee of real property or
its duly authorized agent seeking a permit to substantially alter,
destroy or remove trees, shrubs and associated vegetation pursuant
to the provisions of this chapter.
Includes, without limitation: poisoning; ringing the tree;
excessive peeling of bark; damaging, compacting or overburdening the
roots; using herbicides or fire; or excessive pruning or cutting in
such manner as to bring about the ultimate death of such tree, shrubs
and associated vegetation.
An imminent threat of death, personal injury, or severe and
substantial damage to property.
A woody perennial plant being either deciduous or evergreen,
its root system and environment within the area defined as the outermost
limit of its branches, which is seven inches or more by caliber or
22 inches in circumference measured at any point between the ground
and a height of three feet above the ground.
Any individual, firm, partnership, association, corporation,
company, public agency, public utility or organization of any kind
and its successor or agent thereof.
All trees, shrubs, or ground cover of any size, the removal,
cutting down, destruction or substantial alteration of which is regulated
by this chapter.
Plants with several permanent woody stems dividing from the
bottom.
A woody perennial plant being either deciduous or evergreen,
its system and environment within the area defined as the outermost
limit of its branches, which is less than seven inches by caliber
or 22 inches in circumference measured at any point between the ground
and a height of three feet above the ground.
Any cutting or pruning in excess of that necessary to preserve
the health of the plant material or maintain its ornamental quality.
Any large tree or small tree.
The Incorporated Village of Muttontown.
A.
It shall be unlawful for any person to move, remove, cut down, destroy
or substantially alter a tree or other protected vegetation located
within the Village, living or dead, in any of the following categories,
unless a permit has been obtained pursuant to this chapter:
(1)
Any large tree;
(2)
Any small tree, shrub, or ground covering plant regardless of size,
located on a steep slope or bluff;
(3)
Any small tree, shrub or ground covering plant within a freshwater
wetland or within 100 feet thereof;
(4)
Any small tree, shrub or ground-covering plant in a park or nature
preserve, or within any public right-of-way;
(5)
Any rare or endangered species of small tree, shrub, or ground-covering
plant as listed by any agency of New York State or the United States,
including, but not limited to, any small tree included on New York
State's "Big Tree List";
(6)
Any small tree, shrub, or ground-covering plant within an area of
the Village designated by resolution of the Board of Trustees as a
critical environmental area.
B.
Nothing in this chapter shall be construed to prohibit the pruning
of any trees made in accordance with customarily accepted ornamental
procedures.
This chapter shall be administered by the Board of Trustees.
A.
The Board of Trustees may adopt rules and regulations for efficiently
discharging its responsibility under this chapter and may create subcommittees
or designate individual members to act on its behalf.
B.
The Board of Trustees, in making a determination concerning removal
of trees or other protected vegetation may obtain the services of
a professional arborist regarding the advisability of removal. The
cost of such professional evaluation shall, in all cases, be borne
by the applicant.
A.
The application shall be made in such form as may be prescribed by
the Board of Trustees, or its designee, and shall include, but not
be limited to, the following:
(1)
The name and address of the applicant and the owner of the real property.
(2)
Written consent of the owner or owners of the real property if the
applicant is not the owner.
(3)
Location of the property, including a street number and address and
Tax Map designation.
(4)
Purpose of proposed removal or alteration of tree or other protected
vegetation.
(5)
Site of proposed removal or alteration of tree or other protected
vegetation.
B.
A sketch or plan of the property indicating some or all of the following
may be required by the Board of Trustees when deemed necessary to
carry out the provisions of this chapter:
(1)
An outline of existing heavily wooded areas on the site, showing
the tree type and range of sizes.
(2)
The location of any existing and proposed improvements and structures
on the real property.
(3)
Any proposed grade changes that might adversely affect or endanger
any trees on the site and specifications of how to maintain them.
(4)
Designation of all diseased, dead or damaged trees.
(5)
Location of all trees and identification of size and species and
identification of the trees to be removed and the trees to be maintained.
(6)
The size, species and planting method of all proposed plans for replanting,
replacement or remediation.
(7)
Any additional information that the Board of Trustees may reasonably
deem necessary for evaluation of the application.
C.
In the event that any large trees or other protected vegetation are
proposed to be destroyed, moved, removed, cut, or substantially altered
as a consequence of any construction, whether an addition, expansion
or new structure, the Building Department shall require a removal
or alteration plan showing the location of the large trees or other
protected vegetation to be removed. No cutting, movement, removal
or alteration in connection with construction shall be permitted until
the plan is approved by the Board of Trustees or its designee. The
existing indigenous and naturalized tree canopy shall remain in its
natural state on all lots and parcels to the maximum extent possible
in conformity with the goals and purposes of this chapter.
D.
In the event that any large trees or other protected vegetation are proposed to be destroyed, moved, removed, cut, or substantially altered as a consequence of any proposed subdivision or partitioning of real property and the potential development thereof, including, without limitation, the construction of new dwellings and any access roads, then simultaneously with the submission to the Planning Board of a subdivision application, the applicant shall also submit to the Board of Trustees or its designee a proposed site plan and tree survey prepared by a licensed land surveyor showing the location of all proposed buildings, roads and other improvements, the large trees to be affected, the size of such trees and the type or species thereof, including those large trees that might be affected not only by the construction but by any associated grading, in order that the Board of Trustees or its designee may consider all this when it inspects the site to determine if any large trees can be saved by the applicant or warrant special protection pursuant to the guidelines of § 172-3A.
E.
In the event that any large trees or other protected vegetation are
proposed to be moved, removed, cut, destroyed or substantially altered
in connection with any matter involving an application to the Zoning
Board of Appeals, then, simultaneously with the submission of an application
to said Board, the applicant shall also submit for approval by the
Board of Trustees or its designee an application provided for in this
chapter and a sketch or plan as provided hereinabove.
F.
All plans for landscape redesign that would involve any activity
regulated by this chapter, or that would include the construction
of walls, walling bridges or any similar structures shall be submitted
to the Building Department for issuance of a permit. If such plans
include the invasion of what is then a natural wooded area, the Building
Department shall forward such plans to the Board of Trustees for approval
by the Board or its designee.
A.
Each large tree, small tree, shrub or ground cover removed, cut down,
destroyed or substantially altered in violation of this chapter shall
be a separate violation.
B.
The Mayor, Village Tree Warden, Building Inspector, Highway Commissioner,
or Code Enforcement Officer shall stop all tree work and/or construction
activity on any premises where a violation of this chapter has occurred,
and the Building Department shall be prohibited from issuing any certificate
of occupancy or additional permits for construction at the property
or permitting work to resume unless and until there has been complete
compliance with the provisions of this chapter.
C.
Any person committing an offense against any provision of this chapter,
or any rule, regulation or specification promulgated hereunder shall,
upon conviction, be punishable for each violation by a fine in the
amount of $250 for each caliber inch, or part thereof, of tree and
$250 for each shrub or ground-covering plant; and/or imprisonment
for a term not exceeding 15 days. In addition, such person shall be
required to replace, in kind, each and every large tree or other protected
vegetation moved, removed, cut down or destroyed. In the event a large
tree was so large and mature that it cannot be replaced, the court
may require the planting of multiple trees.
A.
The Mayor, Village Tree Warden, Building Inspector, Highway Commissioner,
Code Enforcement Officer, and members of the Old Brookville Police
Department are hereby vested with the authority to enforce the provisions
of this chapter.
B.
It is a rebuttable presumption, for the purpose of enforcing this
chapter, that the owner on whose land any tree has been removed, cut
down, destroyed or substantially altered without the necessary permit
is the person responsible for performing or permitting the act complained
of.
