[HISTORY: Adopted by the Town Board of the Town of Smithtown 10-9-1984 by L.L. No.
12-1984. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Tree Preservation
and Land Clearing Law of the Town of Smithtown."
It has been established that trees stabilize the soil, control
water pollution by preventing soil erosion and flooding, absorb air
pollution, provide us with oxygen, yield advantageous microclimatic
effects, have an intrinsic, aesthetic quality, offer a natural barrier
to noise and provide a natural and valuable habitat for wildlife in
our area and that the removal of trees deprives all segments of our
society of these benefits while disrupting the ecological systems
of which they are a part. It is, therefore, the intent of the Town
Board of the Town of Smithtown in enacting this chapter to regulate
the destruction and removal of trees to secure these various benefits
to the maximum extent possible for the present and future inhabitants
of the Town of Smithtown.
For the purpose of this chapter, the following terms, phrases
and words shall have the meanings ascribed herein:
The natural growing characteristics of any tree, which includes
branch spread and distribution, branch height above ground and root
spread and distribution.
Any individual, firm, partnership, association, corporation,
company, organization or legal entity of any kind, including municipal
corporations or governmental agencies or subdivisions thereof.
Includes all unimproved real property and improved property
which is either subject to further subdivision within the zoning district
in which it is located or, if nonresidential, is subject to an expansion
or replacement of existing facilities thereon which would result in
a greater percentage of lot area covered by either buildings or appurtenant
facilities in conformance with the Building Zone Ordinance of the
Town of Smithtown.[1]
Any living perennial, woody plant, its branches, its root
system and its trunk, if greater than three inches in diameter measured
three feet from ground level and six feet in height measured from
ground level.
A.
It shall be unlawful for any owner of real property, as defined herein,
or any other person to cause, permit or allow the removal, destruction
or substantial alteration of the habit of any tree on any parcel of
real property, as defined, in the Town of Smithtown without first
having obtained a permit issued therefor as prescribed by this chapter.
B.
Notwithstanding the definition of real property heretofore and herein
or anything herein to the contrary, it shall be unlawful for any person,
firm, association, corporation or partnership to cut, damage, carve,
dig or remove any tree, whether living or not living, standing or
downed, in the Town of Smithtown, on public or private property, without
the prior written consent of the owner of said property. Any person
having the prior written consent of the owner or owners of the property
to cut, damage, carve, dig or remove a tree or trees shall display
the written consent of the owner, upon demand, to any police officer
of the Suffolk County Police Department and/or Town of Smithtown employees
empowered to enforce local laws and ordinances of the Town of Smithtown.
The failure to display the written consent of the owner to cut, damage,
carve, dig or remove any tree or trees, upon request by enforcing
authorities, shall be a violation of this chapter.
[Amended 7-25-1995 by L.L. No. 4-1995]
A.
No person shall be required to obtain a permit as prescribed by § 285-4 of this chapter for the destruction or removal of trees in accordance with accepted ornamental procedures.
B.
No person shall be required to obtain a permit as prescribed by § 285-4 of this chapter for the furtherance of normal business activities for legally established commercial nurseries.
C.
No person shall be required to obtain a permit as prescribed by § 285-4 of this chapter for the destruction or removal of trees incidental to surveying and soil investigation activities.
D.
Any person doing business as a public utility subject to the jurisdiction of the New York State Public Service Commission and duly constituted public agency authorized to provide utility services shall be permitted to trim, prune or alter any tree which may otherwise be lawfully altered by such person, to the minimum extent necessary to enable such person to repair existing utility services, without having first obtained a permit issued therefor pursuant to § 285-4 of this chapter.
E.
The provisions of this chapter shall not apply to real property included
in any approved subdivision or approved site plan when such approval
was granted prior to the effective date of this chapter.
F.
The New York State Department of Environmental Conservation shall
be permitted to trim, prune or remove trees pursuant to the New York
State Environmental Conservation Law without the necessity of obtaining
a permit pursuant to this chapter.
G.
Any person required by the Code of the Town of Smithtown to submit an application to the Planning Board for preliminary and/or final approval of a proposed subdivision or an application for site plan approval to the Board of Site Plan Review after the effective date of this chapter shall submit with the application the information required for a permit pursuant to § 285-6 of this chapter. No subdivision or site plan shall be approved by the Planning Board or Board of Site Plan Review without due consideration of such information and of the findings and purpose of this chapter, as stated in § 285-2. Approval of a subdivision as a final plat and the official filing of said final plat in the office of the County Clerk or approval of a site plan by the Town of Smithtown Board of Site Plan Review pursuant to this section shall relieve the applicant for such approval of the necessity to obtain a permit required by § 285-4 of this chapter. The approval and filing in the office of the County Clerk of a subdivision as a final plat or approval by the Town of Smithtown Board of Site Plan Review of a site plan pursuant to this section shall give force and effect to the tree preservation and land clearing plan, as submitted, subject to such conditions as may be imposed by either the Planning Board or Board of Site Plan Review upon their approval. In the event that any person does exceed an approval granted pursuant to this section for the removal, destruction or alteration of the habit of trees, he shall be guilty of a violation punishable pursuant to § 285-11 of this chapter.
[Amended 7-25-1995 by L.L. No. 4-1995]
H.
Owners of residentially zoned real property, as defined in § 285-3 of this chapter, within the Town of Smithtown shall be permitted to remove, by hand-held tools or equipment only, a total of 10 trees located on the property upon which they reside, each year, for personal use, without first having to obtain a permit pursuant to § 285-4 of this chapter.
[Amended 9-24-1985 by L.L. No. 12-1985; 7-25-1995 by L.L. No.
4-1995]
I.
Owners of a residentially zoned parcel of land which is not further
subdividable, in accordance with the Zoning Code of the Town of Smithtown,[1] shall not be required to obtain a permit pursuant to § 285-4 of this chapter to remove trees located on their property.
[Added 7-25-1995 by L.L. No. 4-1995]
A.
Every applicant for a permit required by this chapter shall submit
an original application and 11 conformed copies to the Town Clerk
of the Town of Smithtown.
[Amended 7-25-1995 by L.L. No. 4-1995]
B.
Such application shall include but not be limited to the following:
(1)
The name and address of the applicant and the owner, if not the same.
(2)
The purpose of the proposed tree removal.
(3)
The site of the proposed tree removal.
(4)
An attached sketch or plan of the area on a scale of not less than
one inch equals 100 feet, clearly labeled "Tree Preservation and Land
Clearing Plan," which clearly indicates the following:
(a)
An outline of existing heavily wooded areas on the site, showing
tree types and size ranges.
(b)
The location and size of any trees to be removed.
(c)
The location and size of any trees to be preserved.
(d)
The location of any improvements on the property.
(e)
Topographic contours at two-foot intervals in the United States
Coast and Geodetic Survey datum of mean sea level.
(f)
A key map on a scale of one inch equals 600 feet, clearly indicating
the relationship of the subject property to the primary and secondary
highway system and main intersections.
(g)
The building zone district(s) in which the subject real property
and all adjoining parcels are located.
(5)
The name and address of all owners of land within a radius of 200
feet from the perimeter of the real property upon which the tree removal
is proposed, as shown on the current Town of Smithtown assessment
roll.
(6)
A paper print of a recent aerial photograph, 8 1/2 inches by
14 inches, or folded multiples thereof, at a scale of one inch equals
200 feet, including the subject property so identified and, at a minimum,
all lands within a radius of 500 feet of the perimeter of the subject
real property.
Each application shall be filed with the Town Clerk and be accompanied
by an application fee of $100.
Upon receipt of the application, the Town Clerk shall forward
such application to the Conservation Board of the Town of Smithtown.
The Conservation Board of the Town of Smithtown shall seek the guidance
of all governmental agencies which may be concerned with the application,
including but not limited to the Regional Office of the New York State
Department of Environmental Conservation and the Suffolk County Planning
Commission. The Conservation Board shall review said application and
shall hold a public hearing on such application after causing to have
published a public notice of said hearing in the official newspaper
of the Town not less than 10 days prior to said hearing. In addition,
all owners of lands within a radius of 200 feet from the perimeter
of the subject real property shall be notified by the applicant of
the hearing, by certified mail, return receipt requested, mailed to
the address shown on the current Town of Smithtown assessment roll,
not less than 10 days before the hearing. An affidavit to that effect,
together with the receipts, shall be filed with the Conservation Board
at the time of the hearing. At such public hearing all interested
persons or groups may appear. After the public hearing the Conservation
Board of the Town of Smithtown shall report within a reasonable time
to the Town Board its findings and make recommendations with respect
to the application for a permit. Such findings and recommendations
shall take into account the following considerations:
A.
The location and size of the trees to be removed.
B.
The condition of the trees with respect to disease and potential
for creating hazardous conditions.
C.
The proximity of the trees to existing or proposed structures and
utility appurtenances.
D.
The necessity of the removal for the project in question.
E.
The environmental effect of the removal.
F.
Good horticultural and vegetation management practices.
G.
Any of the considerations enumerated in the legislative intent of
this chapter.
The Town Board may adopt a resolution directing the issuance
of a permit herein for the removal, destruction or alteration of the
habit of trees, subject to regulation by this chapter, if it finds
that the public interest will not suffer a significant adverse impact.
The Town Board may, at its discretion, impose conditions upon its
approval and the issuance of said permit.
[Amended 2-5-1985 by L.L. No. 2-1985; 5-8-2007 by L.L. No. 5-2007]
No certificate of occupancy shall be issued by the Building
Director for any building, structure, premises lot or land unless
the Environmental Protection Director has determined that the tree
preservation and land clearing plan, as approved or subject to conditions,
and all other provisions of this chapter have been complied with.
A.
Any person who shall violate any of the provisions of this chapter
or any rule, regulation or specification promulgated hereunder shall
be guilty of a violation.
B.
Any person who shall violate any of the conditions imposed upon the
issuance of a permit under this chapter shall be guilty of a violation.
C.
Any person convicted of violating the provisions of this chapter
or the rules, regulations and specifications promulgated hereunder
or any of the conditions imposed upon the issuance of a permit pursuant
to this chapter shall be fined in an amount of not less than $100
nor more than $500 for each tree that was removed or destroyed in
excess of those allowed to be removed or destroyed pursuant to this
chapter, or shall be sentenced to imprisonment not exceeding 15 days
for each violation, or be punished by both fine and imprisonment.
D.
In addition to any penalties which may be imposed pursuant to Subsection C above, any person who violates any provision of this chapter or any conditions imposed upon the issuance of a permit pursuant to this chapter may be ordered to restore the premises damaged by the unlawful destruction or removal of trees to such suitable conditions as the Town Board may require. In the event that such person refuses or fails to restore the real property to a condition ordered by the Town Board, the Town Board may proceed in a court of competent jurisdiction for an order directing such person to restore such real property in conformity with the requirements of the Town Board. In the event that the Town of Smithtown is compelled to restore such real property, all costs incurred incidental to such restoration shall be assessed against the real property in question.
[Amended 2-5-1985 by L.L. No. 2-1985; 4-30-1985 by L.L. No. 6-1985]
This chapter shall be administered by any Suffolk County police
officer, the ordinance inspectors, the Director of Planning or the
Environmental Protection Director of the Town of Smithtown, who shall
have the authority to promulgate rules and regulations for the effective
administration of this chapter consistent with the legislative intent
of this chapter. The Director of the Planning Department and the Environmental
Protection Director shall have the authority to delegate the administration
of this chapter to appropriate department personnel.
