[HISTORY: Adopted by the Town Board of the Town of Stony Point as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-8-1969]
This article shall be known as the "Tree Ordinance of the Town of Stony Point."
The Town of Stony Point hereby finds that indiscriminate and excessive removal of trees by physical or chemical means from tracts of land has resulted in creating increased surface drainage and soil erosion, thereby causing increased municipal costs for proper drainage control, impairing the benefits of occupancy of existing residential property in such areas and further impairing the stability and value of both improved and unimproved real property in such areas and concomitantly adversely affecting the health, safety and general welfare of the inhabitants of the town.
This article shall apply to all major timbering operations and all persons and corporations who are or will be applying for building permits for residential, commercial or industrial developments. School districts, federal and local governments are exempt.
No building permit shall be issued unless such person or corporation shows on an appropriate plan all proposed tree removals in relation to the survey stakes marking out a building foundation, garage, driveway, recreation area or any site that warrants tree removal. The species and condition of trees shall be checked by the Conservation Advisory Council and reported to the Building Inspector of the Town of Stony Point.
No live trees exceeding three inches in diameter shall be removed except under the following circumstances:
A. 
If their presence would cause hardship or endanger the public or an adjoining property owner.
B. 
In areas to be occupied by buildings, driveways or recreation areas and within a distance of 15 feet around the perimeter of such building, depending on tree species and conditions to be determined by the Conservation Advisory Council.
C. 
In areas having excessive cut or fill of land deemed inimical to tree survival as evaluated by the Conservation Advisory Council.
D. 
In areas where selective thinning and timbering of trees would encourage the development of prime specimen trees. The selection of species of trees to be preserved shall be based on the recommendation of the Conservation Advisory Council.
Any person aggrieved by the provisions of this article shall have the right within 20 days from the decision of the Conservation Advisory Council to appeal to the Zoning Board of Appeals, who shall review the decision of the Conservation Advisory Council. Unless the decision is revoked or modified, it shall remain in full force and effect.
[Amended 6-8-1999 by L.L. No. 7-1999;4-26-2022 by L.L. No. 2-2022]
Any person violating any of the provisions of this article shall be subject to a fine of not more than $1,000 or by imprisonment in the County Jail for a period not exceeding 15 days, or both.