[Adopted 10-25-1979 by L.L. No. 5-1979]
No person shall remove any wood, trees, bushes or other flora
from any property within the Incorporated Village of Nissequogue without
the express written consent of the fee owner of said property.
[Amended 4-5-1988 by L.L. No. 1-1988; 3-17-2015 by L.L. No. 6-2015]
Any person committing an offense against any provision of this
article shall, upon conviction thereof, be guilty of a violation pursuant
to the Penal Law of the State of New York, punishable by a fine not
exceeding the sum of $2,500 and $250 per tree, bush, or other flora
or by imprisonment for a term not exceeding 15 days, or by both such
fine and imprisonment. The continuation of an offense against the
provisions of this article shall constitute, for each day the offense
is continued, a separate and distinct offense hereunder.
[Adopted 4-15-1980 by L.L. No. 1-1980]
[Amended 6-27-1991 by L.L. No. 11-1991]
This article is enacted in order to ensure the continued existence
of the barrier bluff and shoreline fronting Smithtown Bay (Long Island
Sound), the Nissequogue River and Stony Brook Harbor and further to
protect against erosion, to protect the watercourses, ecology and
drainage system and protect the appearance and general welfare of
the Village of Nissequogue.
No person, firm or corporation or individual connected with
such firm or corporation shall either purposely or carelessly or negligently
cut down, kill or otherwise destroy or commit any act which will lead
to the eventual destruction of any tree or other flora within 100
feet of the ridge line of the barrier bluff as indicated on the Coastal
Management Survey Map dated March 1978. Nos. 46 and 47, as updated,
from time to time, by the Village of Nissequogue, the Army Corps of
Engineers, the New York State Department of Environmental Conservation
or any other competent authority.
[Amended 6-27-1991 by L.L. No. 11-1991]
No person, firm or corporation or individual connected with
such firm or corporation shall purposely or carelessly or negligently
cut down, kill or otherwise destroy any tree which exceeds six feet
in circumference at a distance of three to six feet above the ground
unless he is in possession of a permit to do so issued by the Building
Department of the Village of Nissequogue upon proper application,
which application shall evidence the following:
A. The presence of the tree endangers the public or property of the
owner.
B. The presence of the tree interferes with a permitted use of the property.
[Amended 6-27-1991 by L.L. No. 11-1991]
A. Unless he is in possession of a permit issued by the Building Department
of the Village, no person, firm or corporation or individual connected
with such firm or corporation shall purposely or carelessly or negligently
cut down, kill or otherwise destroy trees or flora:
(1) Totalling more than 25% of the total growth of trees or flora on
the property.
(2) Within 25 feet of the border or boundary of the property with an
adjoining property.
(3) Within 25 feet of any roadside frontage of the property.
(4) Within 100 feet of mean high water of Long Island Sound, Stony Brook
Harbor and the Nissequogue River.
(5) Within 100 feet of the ridge line of any barrier bluff.
B. The application for a permit to remove flora or trees shall evidence
the following:
(1) The removal of said trees and flora will not intensify the existing
downward natural watercourses, either between the properties in question
or any neighboring properties;
(2) The presence of said trees or flora would cause hardship or endanger
the public or the person or property of the owner; and
(3) The presence of said trees or flora interferes with a permitted use
of the property, and the removal of said trees or flora shall be performed
in a selective manner.
C. Tree removal by utility companies and public agencies does not require
a permit. The Village Building Department shall be notified of the
planned removal of any tree by any utility or public agency.
No person, firm or corporation or individual connected with
such firm or corporation shall sell any wood from trees removed from
their premises, whether within the restricted areas or on areas not
encompassed by this article but within the confines of the Village,
for firewood or cordwood.
The Building Department of the Village of Nissequogue shall
enforce this article, except where said enforcement is vested in an
authorized agency of the County of Suffolk, State of New York or other
municipal authority.
Any person feeling aggrieved by the decision of the Building
Department in connection with this article shall have the right to
appeal the decision of the Building Department to the Board of Trustees
of the Village of Nissequogue.
[Amended 9-18-1980 by L.L. No. 5-1980; 4-5-1988 by L.L. No.
1-1988; 6-27-1991 by L.L. No. 11-1991; 3-17-2015 by L.L. No. 6-2015]
A. Any person or entity or individual connected with the entity committing
an offense against any provision of this article shall, upon conviction
thereof, be guilty of a violation pursuant to the Penal Law of the
State of New York, punishable by a fine not exceeding $500 or by imprisonment
for a term not exceeding 15 days, or by both such fine and imprisonment.
The continuation of an offense against the provisions of this article
shall constitute, for each day the offense is continued, a separate
and distinct offense hereunder.
B. Each tree removed in violation of this article shall constitute a
separate offense.
C. The planting of replacement trees or flora may be required in addition
to the fine. The type, size, number and pattern of planting of replacement
trees or flora shall be determined by the Village Engineer.