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:
APPLICANT
The owner of real property or his duly authorized agent.
HABIT
The natural growing characteristics of any tree which includes
branch spread and distribution, branch height above ground and root
spread and distribution.
PERSON
Any individual, firm, partnership, association, corporation,
company, public agency, public utility or organization of any kind,
or agent thereof.
REAL PROPERTY
Includes all unimproved real property and improved property
which is subject to further subdivision within the zoning district
in which it is located.
SUBSTANTIAL ALTERATION
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.
TREES
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.
This article of the Village of the Branch Code shall be administered
by the Building Inspector of the Village of the Branch.
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.