[HISTORY: Adopted by the Town Board of the Town of Oyster
Bay 11-27-1973 (Ch. 8, Art. IV, of the 1971 Code, amended in its entirety 9-25-2007 by L.L. No.
12-2007. Subsequent amendments noted where applicable.]
The Town Board of the Town of Oyster Bay hereby finds and declares
that the preservation of trees is necessary to protect the health,
safety and general welfare of the Town of Oyster Bay and of its residents
because trees provide shade, impede soil erosion, aid in water absorption
and retention, inhibit excess runoff and flooding, enhance air quality
by absorbing carbon dioxide and releasing oxygen, mitigate noise,
provide a natural habitat for wildlife, provide screening, conserve
energy, enhance property values and add to the aesthetic quality and
character of the entire community. It is, therefore, the purpose of
this chapter to protect existing healthy trees and to encourage the
planting of new trees in appropriate locations on all private and
public properties throughout the Town.
For the purposes of this chapter, the following terms, phrases
and words shall have the meanings indicated:
The property owner, or his/her duly authorized agent, requesting
a tree removal permit from the Town pursuant to this chapter.
The Town of Oyster Bay Department of Parks except, in the
case of applications for site plan and/or special permit approval,
the authority responsible for the approval of such applications shall
be the approval authority.
The diameter or caliper of a tree measured at a point 4 1/2
feet above ground level at the base of the uphill side of the tree.
An imaginary, roughly circular line extending from the maximum
spread of the limbs of a tree to the ground.
A living, woody plant with an erect perennial trunk and a
definitely formed crown of foliage and a DBH of eight or more inches.
A plan indicating the location, species, size, dripline and
condition of all trees on a property which are eight or more inches
DBH and detailing the methods and practices to be used to provide
protection for all such trees to be preserved.
Any act which will cause a tree to be removed or to die within
a one-year period.
A permit granted pursuant to the requirements of this chapter
which allows the removal of one or more trees.
Except as specifically permitted elsewhere in this chapter,
it shall be unlawful to remove a tree, as defined herein, unless a
tree removal permit is granted pursuant to the requirements of this
chapter.
The following tree related activities are permitted by right:
A.
Removal of any dead, diseased or severely damaged tree, if determined
to be in such condition by the Commissioner of the Department of Parks
or his/her duly authorized representative.
B.
Removal of any tree under an actual or ongoing emergency condition
when such tree removal is necessary for the protection and preservation
of life or property.
C.
Permitted forest management activities on properties covered under
§ 480-a of the Real Property Tax Law.
D.
The removal of trees as required in connection with duly authorized
activities of the Town of Oyster Bay or any department thereof.
A.
Any person proposing to remove a tree(s) on any property in the Town
of Oyster Bay shall file an application for a tree removal permit
with the approval authority, as herein provided. An application for
a tree removal permit shall not in and of itself be subject to the
conduct of a public hearing nor shall notification of adjoining or
other property owners be required. The approval authority shall make
its determination based on an inspection of the subject property and
the information submitted as a part of the application. The application
shall include the following information, unless waived by the approval
authority, and such other additional information and/or certification
as the approval authority determines to be necessary or appropriate:
(1)
The name, address and telephone number of the property owner and,
if different, the applicant.
(2)
The street address and Tax Map designation of the subject property.
(3)
If the owner is not the applicant, a statement of authority from
the owner to make said application.
(4)
A description of the proposed tree removal and its purpose.
(5)
A plan for the area to be disturbed indicating the specific tree(s)
proposed to be removed, the location of any existing and proposed
improvements on the property, a tree preservation plan for all trees
which are to be preserved, and any additional information that the
approval authority may deem necessary or appropriate for the proper
evaluation of the application. All plans for the protection of trees
shall include the protection of potentially impacted off-site trees.
(6)
A plan of mitigation measures, including replanting, designed to
reduce the potential impacts of tree removal, such as flooding, erosion,
sedimentation, loss of buffer screening and/or disturbance of wildlife
habit.
(7)
For all applications requiring Parks Department approval, an application
fee in the amount of $5 per inch of cumulative DBH for all trees proposed
to be removed, but not more than $75 per individual tree and not less
than a total of $50 per application. In the case of an application
involving the removal of three or fewer trees, the application fee
may be waived or reduced, at the discretion of the Commissioner of
the Parks Department, where it is determined that adequate mitigation,
in terms of tree replacement, is provided.
(8)
Signature of the applicant attesting to the accuracy of all information
submitted as a part of the application.
B.
Applications for permits shall be submitted not less than 10 workdays
prior to the proposed tree removal date.
C.
All information related to the permit application shall be maintained
on file in the office of the Town of Oyster Bay Department of Parks.
A.
In making a determination whether to grant, deny or grant with conditions
a tree removal permit, the approval authority shall consider the following
factors:
(1)
Whether the proposed tree removal is consistent with the purpose
and intent of this chapter.
(2)
Whether the tree or tree(s) to be removed are of a species listed
on the New York State Rare Plant List as endangered or threatened
trees.
(3)
The need for the proposed tree removal.
(4)
The availability of reasonable and practical alternatives to the
proposed tree removal.
(5)
The condition of the tree or trees proposed to be removed.
(6)
The location of the tree(s) proposed to be removed and their dripline(s)
with respect to existing and proposed site improvements.
(7)
The potential impact of the tree removal upon drainage patterns,
erosion potential, growth of adjacent vegetation, buffer screening
and access to light and air.
(8)
The applicant's proposed mitigation measures, including the
planting of new trees or other vegetation, erosion and sedimentation
controls, drainage improvements, etc.
B.
Any permit issued pursuant to this chapter shall contain all such
conditions as may be determined appropriate by the approval authority
to ensure both initial and continued compliance with the intent and
requirements of this chapter.
C.
The approval authority may require the planting of the same or an
alternate species of trees, which are comparable in type and size
to the trees to be removed, as a condition for the issuance of a permit
for tree removal. The location for planting the replacement trees
shall be as approved by the approval authority.
D.
The following is a list of acceptable and recommended shade tree
species for street tree and parking lot planting in the Town of Oyster
Bay:
|
Acer campestre (hedge maple)
|
|
Acer rubrum* (red maple) var. Autumn Flame; Franksred; October
Glory
|
|
Fraxinus americana* (white ash) var. Autumn Purple
|
|
Fraxinus pennsylvanica* (green ash) var. Marshall Seedless;
Summit
|
|
Gleditsia triacanthos (thornless honey locust) var. Shademaster
|
|
Nyssa sylvatica* (black tupelo)
|
|
Quercus acutissina (sawtooth oak)
|
|
Quercus alba* (white oak)
|
|
Quercus bicolor* (swamp white oak)
|
|
Quercus coccinea* (scarlet oak)
|
|
Quercus phellos* (willow oak)
|
|
Quercus rubra* (borealis) (northern red oak)
|
|
Tilia cordate (little leaf linden) var. Grenspire
|
|
Tilia tomentosa (silver linden) var. Green Mountain
|
|
Zelkova serrata (japanese zelkova) var. Village Green; Green
Vase
|
|
*
|
Indicates a species native to Long Island.
|
E.
In addition to the shade trees listed in Subsection D above, the following is a list of acceptable and recommended trees for planting on public and private properties:
|
Acer saccharum* (sugar maple) var. Green Mountain, Bonfire Legacy
|
|
Betula papyrifera* (paper birch)
|
|
Betula nigra* (river birch)
|
|
Betula lenta*(sweet birch)
|
|
Betula populifolia* (gray birch)
|
|
Carpinus caroliniana* (American hornbeam)
|
|
Carya cordiformis* (bitternut)
|
|
Carya glabra* (pignut)
|
|
Carya ovata* (shagbark hickory)
|
|
Carya ovalis* (sweet pignut)
|
|
Carya tomentosa* (mockernut)
|
|
Castanea dentata* (American chestnut)
|
|
Celtis occidentalis* (hackberry)
|
|
Fagus grandifolia* (American beech)
|
|
Fraxinus nigra* (black ash)
|
|
Juglans cinerea* (butternut)
|
|
Juglans nigra* (black walnut)
|
|
Liquidambar styraciflua* (sweetgum) var. Cherokee
|
|
Liriodendron tulipifera* (tulip tree)
|
|
Plantanus occidentalis* (American sycamore)
|
|
Quercus Montana* (chestnut oak)
|
|
Quercus stellata* (post oak)
|
|
Quercus palustris* (pin oak)
|
|
Quercus velutina* (black oak)
|
|
Salix nigra* (black willow)
|
|
Tilia americana* (American linden)
|
|
Ulmus fulva* (slippery elm)
|
|
Evergreen Trees
|
|
Chamaecyparis thyoides* (white cedar)
|
|
Ilex opaca* (American holly)
|
|
Juniperus virginiana* (red cedar)
|
|
Pinus echinata* (short leaf pine)
|
|
Pinus strobus* (white pine)
|
|
Pinus virginiana* (Virginia pine)
|
|
Pinus rigida* (pitch pine)
|
|
Tsuga Canadensis (hemlock)
|
|
Flowering Trees
|
|
Amelanchier Canadensis* (service berry, shadblow)
|
|
Cornus florida* (flowering dogwood)
|
|
Crataegus crusgalli* (hawthorn)
|
|
Diospyros virginiana* (persimmon)
|
|
Magnolia virginiana* (sweetbay magnolia)
|
|
Viburnum lentago* (nannyberry)
|
|
*
|
Indicates a species native to Long Island.
|
F.
The approval authority may further condition the issuance of a tree
removal permit upon the posting of a bond or other security acceptable
to the approval authority, in an amount and with surety and conditions
sufficient to secure compliance with the conditions and limitations
as set forth in the permit.
G.
The Commissioner of the Department of Parks, or his/her designee,
may suspend or revoke a tree removal permit by issuing a stop-work
order if he or she finds that the applicant has not complied with
one or more of the conditions of the issuance of such permit or has
exceeded the authority granted in the permit or has failed to undertake
the project in the manner as set forth in the approved application.
Similarly, a stop-work order may be issued if no tree removal permit
has been issued and a tree or trees are about to be, or are in the
process of being removed.
H.
Permits shall be valid for a period of six months unless a different
period is specifically stipulated in the permit issued by the approval
authority. Permits may be renewed by the approval authority upon the
applicant's submission of a renewal request and a fee in the
amount of $150 at least 20 workdays before the expiration of the permit.
Standards for the issuance of a renewal permit shall be the same as
those for the issuance of the original permit.
I.
No permit granted pursuant to this chapter shall remove an applicant's
obligation to comply in all respects with all other applicable provisions
of any federal, state or local law or regulation, including, but not
limited to, the securing of any other required permit or approval.
J.
A copy of any tree removal permit which is granted shall be immediately
and prominently displayed along the street frontage of the subject
property until all approved work is completed and approved by the
Department of Parks.
Any person doing business as a public utility subject to the
jurisdiction of the New York State Public Service Commission and any
duly constituted public agency authorized to provide utility service
is hereby granted a continuing permit to trim, remove or perform such
other acts with respect to trees growing adjacent to the public streets
of the Town, or which grow upon private property to the extent that
they encroach upon such public streets, as may be necessary to comply
with the safety regulations of said Commission and as may be necessary
to maintain the safe operation of its business.
No tree shall be removed from any public street or property
owned or under the control of the Town of Oyster Bay without the prior
written consent of the Town Superintendent of Highways. Such consent
shall only be granted if the tree constitutes a hazard to property
or persons using the adjoining streets, if its roots are causing damage
to the curb, gutters or sidewalks or if it unduly interferes with
the operation of public utilities and/or related infrastructure.
A.
Any determination made by the approval authority may be appealed
to the Tree Management Commission. Said Commission shall consist of
five individuals, as follows:
(1)
The Town Supervisor or his/her designee.
(2)
The Commissioner of the Department of Environmental Resources or
his/her designee.
(3)
The Commissioner of the Department of Parks or his/her designee.
(4)
The Commissioner of the Department of Planning and Development or
his/her designee.
(5)
The Commissioner of the Department of Public Works or his/her designee.
B.
Such appeal shall be taken within 30 days of the filing of the determination
of the approval authority. Any appeal from the determination of the
Tree Management Commission shall be made by commencement of an action
pursuant to the provisions of Article 78 of the Civil Practice Law
and Rules within 30 days of the filing of the Commission's determination.
Any site for which a tree removal permit application has been
submitted shall be subject to inspection by representatives of the
Town of Oyster Bay Department of Parks at any reasonable time, including
weekends and holidays. The applicant, by reason of making application
for such permit, shall be deemed to have granted its consent for such
inspection.
A.
Within 30 days after completion of all tree removal activities authorized
under a permit issued in accordance with this chapter, the applicant
shall notify the approval authority of such completion.
B.
Within 30 days of such notification of completion, the approval authority,
or its duly authorized representative, shall inspect the tree removal
site for compliance with all conditions of the permit.
C.
When all tree removal activities authorized under a permit have been
deemed to be completed in an acceptable fashion, the approval authority,
or its duly authorized representative, shall issue a certificate of
completion, which shall be accompanied by the cancellation or return
of any bond or any other security collected in connection with said
permit.
D.
If the tree removal activities are found to be unacceptable, the
approval authority shall so notify the applicant. Such notification
of noncompliance shall include a list of all conditions which are
in violation of the terms of the permit and shall specify a time limit
for the correction of all such violations.
Any person who shall violate any of the provisions of this chapter,
or any rule, regulation or specification promulgated thereunder, shall
be deemed guilty of an offense and, upon conviction thereof, shall
be fined not less than $350 but not more than $1,000 or imprisoned
for not more than 15 days, or by both such fine or imprisonment. Each
tree removed or substantially damaged shall be considered a separate
offense and shall be punishable as such hereunder. As an alternative
to the payment of the above-stated monetary fines, or in combination
therewith, the person who has committed the offense may be required
to replace any tree(s) unlawfully removed or substantially damaged
with new trees, of a type, size and location as determined appropriate
by the Commissioner of the Department of Parks, or his/her duly authorized
designee, up to a maximum size equal to the total DBH of all trees
unlawfully removed or damaged.
