[Added 6-11-1974 by L.L. No. 5-1974]
Since it has been established that trees provide a natural habitat
for the wildlife of our area, absorb air pollution, provide us with
oxygen, deter soil erosion and flooding and offer a natural barrier
to noise, and as the removal of trees deprives us of these benefits
and disrupts the ecological balance in nature, it is therefor the
purpose of this article to prevent the indiscriminate destruction
and removal of trees in the Village of the Branch, Smithtown, New
York.
For the purpose of this article the following terms, phrases
and words shall have the meanings ascribed herein:
The owner of real property or his duly authorized agent.
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, public agency, public utility or organization of any kind,
or agent thereof.
Includes all unimproved real property and improved property
which is subject to further subdivision within the zoning district
in which it is located.
Any cutting, pruning, elevating or other alteration of the
habit of a tree which impairs or endangers the life of such tree or
destroys its natural symmetry, and shall include but is not limited
to heavy or unnecessary cutting of top branches (topping), cutting
of major lower limbs (severe elevating) or drastic pruning and shall
not include customarily accepted or ornamental procedures.
Any living, woody plant, its root system and the environment
within the area defined by the outermost limits of its branches, which
is eight inches in diameter at a height of three feet above the base
of the trunk. Included in this definition is minor forest vegetation
of any size, including but not limited to, dogwood, amelanchier, mountain
laurel, sumac and wild rose.
A.
It shall be unlawful for any person to remove, destroy or substantially
alter the habit of one or more of the trees on any parcel of real
property unless a permit has been obtained pursuant to this article.
B.
Nothing in this section shall be construed to prohibit the alteration
of habit of any trees made in accordance with customarily accepted
ornamental procedures.
C.
This article shall not apply in an emergency situation or to the
removal, destruction or substantial alteration of any tree made in
accordance with an accepted landscape plan that is part of an approved
subdivision, building permit or site plan made pursuant to the Code
of the Village of the Branch.
This article of the Village of the Branch Code shall be administered
by the Building Inspector of the Village of the Branch.
A.
Whenever a person shall deem it necessary to remove, destroy or substantially
alter one or more of the live trees on any real property within the
Village, such person shall first make application for a permit to
the Building Inspector.
B.
The application shall be made on such form as may be prescribed by
the Building Inspector and shall include but not be limited to the
following:
C.
The decision of the Building Inspector will be based upon the following
criteria:
(1)
The condition of the trees with respect to disease and hazardousness,
danger of falling, proximity to existing or proposed structures and
interference with utility services.
(2)
The necessity of the removal for the project in question.
(3)
The effect of the removal on ecological systems.
(4)
The character established at the proposed site of removal with respect
to existing vegetation management practice.
D.
Upon the submission of an application and other required information
and approval by the Building Inspector, a permit will be granted.
A.
Private property. Any tree growing on private property which is endangering
or in the opinion of the Building Inspector constitutes danger to
public streets or public places or which in any way endangers the
usefulness of a public sewer or public utility, shall be removed or
trimmed by the owner of the property within 14 days after receipt
of such notice from the Building Inspector. In the event the property
owner fails to remove or trim such trees within said time, the Building
Inspector may then remove or trim said tree and assess the cost thereof
against the property owner. Ten days prior notice of the hearing before
the Village Board shall be given to the property owner and, upon confirmation
by the Village Board, such cost shall become a lien on the property
and the resolution assessing such costs shall be recorded with the
County Clerk's office or may be collected by court action.
B.
Streets and public places. No tree shall be removed from any public
street or property owned or under the control of the Village of the
Branch without the prior written consent of the Building Inspector.
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 excessive damage to the curb, gutters or sidewalks or if it
unduly interferes with the sewer system and public utilities. Any
tree being removed for the benefit of the property owner shall be
removed and replaced with an approved tree at the property owner's
expense in the event the Building Inspector so requires.
A.
The Building Inspector may require the planting of trees from a list
of approved species which the Building Inspector shall maintain, which
trees are as nearly comparable in size as practicable as the trees
to be removed when the individual character of the trees or the ecological
setting requires such consideration as a condition for the issuance
of a permit for tree removal. In addition thereto, the Building Inspector
may require the planting of trees from said approved list as a condition
for site plan approval and issuance of a building permit. The location
for planting of the replacement or for new trees shall have been agreed
upon prior to the issuance of a permit for approval or site plan approval.
B.
The Building Inspector may require the installation of wells or protective
devices around existing trees wherever the grade of land to be subdivided
will be raised or lowered as part of the construction process.
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 and providing
utility service shall be given a permit from the Building Inspector
valid for one year from the date of issuance, permitting such person
to trim, brace, remove or perform such other acts with respect to
trees growing adjacent to the public streets of the Village 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 the Village and as may be necessary to maintain the safe operation
of its business.
Any person aggrieved by any act or determination of the Building
Inspector in the exercise of the authority herein granted shall have
the right to appeal to the Village Board of Trustees, whose decision
shall be final and conclusive. An appeal shall be in writing, stating
the decision appealed from and reasons for the appeal.
Any person who shall violate any of the provisions of this article
or any rule, regulation or specification promulgated thereunder, shall
be deemed guilty of an offense against this article and upon conviction
thereof shall be fined not more than $500 or imprisoned for not more
than 15 days, or by such fine or imprisonment. Each such violation
shall constitute a separate offense and shall be punishable as such
hereunder.
Nothing herein contained shall abridge or alter any rights of
action or remedies now or hereinafter existing, nor shall this article,
or any provision thereof, or any rule or regulation promulgated thereunder,
be construed as estopping the People of the Village of the Branch
from exercising its rights and fulfilling its obligations to protect
the public health and welfare.
[Amended 7-9-2013 by L.L.
No. 3-2013]
The Board of Trustees may, by resolution, set an application
fee for the aforementioned tree removal.
