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Village of Dering Harbor, NY
Suffolk County
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[HISTORY: Adopted by the Board of Trustees of the Village of Dering Harbor 5-22-2004 by L.L. No. 2-2004; amended in its entirety 5-8-2021 by L.L. No. 3-2021. Subsequent amendments noted where applicable.]
This chapter shall be entitled "Trees of the Incorporated Village of Dering Harbor."
This chapter is enacted pursuant to § 10 of the Home Rule Law and the Village Law of the State of New York, the Incorporated Village of Dering Harbor, County of Suffolk and State of New York.
This chapter and any amendments hereto shall take effect on the filing of the approved local law with the Secretary of the State of New York.
The Board of Trustees of the Village of Dering Harbor hereby determines and finds that the trees in the Village of Dering Harbor comprise an important feature of the aesthetic quality and natural beauty of the Village and its environment. The Board of Trustees further finds and determines that it is in the best interests of the Village, its residents and property owners to adopt regulations regarding the clearing and cutting of trees to protect the environment and quality of life in the Village as well as the aquifer and public water supply in the Village of Dering Harbor.
The purpose and intent of this chapter is to adopt regulations regarding the clearing and cutting of trees in order to protect and ensure the aesthetic qualities of the character and quality of life in the Village, the environment of the Village and the aquifer and public water supply in the Village.
A. 
It shall be unlawful for any person without a permit to cut down, remove, disturb, or destroy any tree or substantially alter the habit of any tree within the Village unless a valid permit shall have been issued for said work pursuant to this chapter.
B. 
It shall be unlawful for any person who owns or occupies real property to cause, suffer, permit, or allow the cutting down, removal, disturbance, or destruction of any tree or the substantial alteration of the habit of any tree on real property, unless a valid permit shall have been issued for said work pursuant to this chapter.
C. 
It shall be unlawful for any person, contractor, landscaper, tree service contractor, construction superintendent or their agent(s) to cause, suffer, permit, or allow the cutting down, removal, disturbance, or destruction of any tree or the substantial alteration of the habit of any tree on real property, unless a valid permit shall have been issued for said work pursuant to this chapter.
Prior approval to remove a tree on a property shall be obtained from the Board of Trustees, except where the removal of a tree on a property is in conjunction with an application for subdivision review, prior approval shall be obtained from the Planning Board, and where the removal of a tree on a property is in conjunction with the construction of a new dwelling that is subject to architectural review, prior approval shall be obtained from the Architectural Review Board.
A. 
For the purposes of this chapter, a tree is any living woody plant which is at least 18 inches in diameter at 4 1/2 feet above the ground. The tree's root system shall be regarded as part of the tree.
B. 
A tree to be cut or removed must be marked by attaching a ribbon five feet high measured from the ground to the tree to identify the proposed tree(s) to be removed or altered. The ribbon signifying the tree(s) to be removed or altered shall be on said tree(s) for at least 10 days before any approval is granted. The Board may request the Building Inspector inspect the property to verify the markings prior to action by the Board and again when the clearing has been completed to assure compliance.
C. 
The approval for removing or destroying a tree shall be based on the following criteria:
(1) 
The age, condition of the tree with respect to disease and danger of falling, proximity to existing or proposed structures, and interference with utility services.
(2) 
The necessity of the removal or alteration of the tree in question.
(3) 
Whether the tree is considered to be nonnative or an invasive species.
(4) 
The potential impact of any removal or alteration upon existing screening of any public property, road or highway bordering the property.
(5) 
In cases where a property is to be developed under subdivision or the construction of a new dwelling on a lot, the potential for clear cutting of trees.
(6) 
The noteworthiness of the tree to the character of the community based upon, among other things, its size, species, and location.
D. 
Any permit issued hereunder may be revoked and all work authorized by said permit halted if the permit was obtained by false or misleading statements or the work being performed is not proceeding in accordance with the terms of the permit and the provisions of this chapter.
E. 
A permit issued pursuant to this chapter shall expire 12 months from and after the date of its issuance. No work may be performed under an expired permit.
A. 
Application for a permit to remove a tree on a property shall be made to the Board of Trustees. Application for a permit to remove a tree on a property that is subject to subdivision review shall be made to the Planning Board. Application for a permit to remove a tree on a property in conjunction with the construction of a new dwelling that is subject to architectural review shall be made to the Architectural Review Board. Applications to each respective board shall be made to the Village Clerk and transmitted to the applicable board.
B. 
The application shall be made on such form(s) as may be prescribed by the Board of Trustees or, in the case of subdivision review, the Planning Board or, in the case of architectural review for construction of a new dwelling, the Architectural Review Board and shall include, but not be limited to, the following:
(1) 
The name and address of the applicant, including authorization of the owner of the property and all required disclosure forms;
(2) 
Identification of the property street address and Suffolk County Tax Map number;
(3) 
A written description of the size and location of the tree(s) to be removed and the purpose of the proposed tree removal or alteration;
(4) 
A written description of the condition of the tree with respect to disease, hazard, proximity to existing or proposed structures, and interference with utility services and other criteria set forth in § 180-8C;
(5) 
Photographs, site plan, diagram or map of the property or site to assist the Board in understanding the location of the tree(s) to be removed or altered;
(6) 
If applicable, a written report or recommendation of a certified arborist or qualified tree service company that will be performing the removal. Any proposed tree service company shall be required to provide satisfactory proof of its experience and licensing upon request;
(7) 
Such other information deemed necessary by the Board of Trustees, Planning Board or Architectural Review Board to assist in the review of the application.
C. 
The fee for an application to the Board of Trustees, Planning Board or Architectural Review Board shall be determined from time to time by resolution of the Board of Trustees. The fee shall be paid upon submission of the application and shall not be refundable.
D. 
Emergency removal of trees. An application for an emergency removal of a hazardous tree may be reviewed and approved by the Mayor or a member of the Board of Trustees designated by the Mayor under the following procedures:
[Added 4-10-2023 by L.L. No. 1-2023]
(1) 
An application designated as an emergency removal is to be filed with the Village Clerk in the same manner, including required fees, as required in this section. The application shall include a statement from a certified arborist or other qualified expert and/or a written explanation of the circumstances and conditions that gave rise to the need for immediate emergency removal and the safety reasons why the tree must be removed before the next scheduled meeting of the Board of Trustees.
(2) 
The application for an emergency removal of a hazardous tree shall be forwarded to the Mayor or the designated Trustee by the Village Clerk and the Mayor or the designated Trustee shall be afforded an opportunity to inspect the property and the tree to be removed.
(3) 
A waiting period lasting until the end of the second business day following the receipt of the application by the Village Clerk is required before removal action is taken. This waiting period allows time for the Mayor or the designated Trustee to evaluate the tree and communicate his/her findings and decision to the Village Clerk. If approved, the Village Clerk will issue a permit. Failure of the Mayor or the designated Trustee to respond by the end of the waiting period shall result in the automatic approval and issuance of a permit.
(4) 
Failure of the applicant to submit a complete application or to provide sufficient justification of the circumstances and conditions that gave rise to the need for immediate emergency removal may be grounds for the Mayor or the designated Trustee to defer the review of the application to the Board of Trustees at their next scheduled meeting.
(5) 
The emergency procedures herein may be waived when a tree is determined to be dangerous by a police officer, firefighter, public works official or civil defense official acting in his or her professional capacity during or in the aftermath of catastrophic events or states of emergency, or when tree removal is determined to be necessary by Fire Department personnel actively engaged in fighting a fire.
A. 
The Board of Trustees has found that portions of the Village remain in their wooded natural condition, which has remained an important natural resource and attribute of the character of the Village. In furtherance of the previous regulatory provisions limiting clearing of vacant lots, and pursuant to the objectives of this chapter as set forth in § 180-1, the Board of Trustees finds it necessary to continue to preserve and protect the natural wooded character of these vacant properties in the Village by prohibiting the clear cutting on a vacant, unimproved property.
B. 
For the purposes of this § 180-10, a tree is defined as any living woody plant which is at least 12 inches in diameter at 4 1/2 feet above the ground. The tree's root system shall be regarded as part of the tree.
C. 
Except where the clearing of trees is authorized by the Planning Board or Architectural Review Board in connection with a development application, at no time hereafter shall the trees in excess of 12 inches in diameter on a vacant, unimproved property be in any way cleared, removed, disturbed, injured or destroyed without the prior approval of the Board of Trustees.
D. 
Application to obtain such approval of the Board of Trustees shall be made in the same form and manner as provided under § 180-9, except that a survey or diagram of the vacant property to be cleared must be submitted showing all trees in excess of 12 inches in diameter. Every such tree must be marked by a ribbon at 4.5 feet above the ground and every tree to be removed must be marked with a second ribbon of a different color at five feet above the ground. The Board of Trustees may request the Building Inspector inspect the property to verify the markings prior to action by the Board of Trustees and again when the clearing has been completed to assure compliance.
E. 
No more than 40% of the trees on a vacant, unimproved property shall be cleared, removed, or disturbed. All stumps must be removed or ground to grade, and the felled trees, branches and debris must be removed from the property within the permit period.
A. 
No person shall in any way cut down, remove, disturb, or destroy any street tree or any tree on Village property or substantially alter the habit of any street tree or any tree on Village property without the prior written permission of the Board of Trustees.
B. 
No person shall cut down, remove, disturb, or destroy any street tree or any tree on Village property to install, alter or relocate a driveway, drainage structure, sidewalk or utility without the prior written permission of the Board of Trustees.
A. 
Any tree growing on real property which constitutes a danger to a public street or public place or the public using the same or which in any way endangers the usefulness of a public water, sewer/septic, drainage or utility lines, or which by reason of infestation or blight endangers other trees in the Village, or which constitutes a danger to life and/or property or private property, including, but not limited to, the property of the owner of the tree and/or such owner's immediate neighbors, shall be removed or the habit thereof altered by the owner of said real property as directed by the Board of Trustees or its designee.
B. 
In the event that the property owner fails to comply with the directive of the Board of Trustees or its designee within the time specified, the Village may then take the action directed by the Board of Trustees and assess the cost thereof against the property owner. If the assessment is not paid within 30 days of demand, the Village may add such assessment to the Village's annual real estate taxes for the subject real property and collect such sum as a special assessment and as a part of said Village taxes, including all penalties and interest thereon as apply to such real estate taxes.
C. 
The directive from the Board of Trustees shall be in writing, shall clearly state the source of the danger, the action to be taken and the date by which such action must be taken and shall be served on the owner of the real property personally or by certified or registered mail, return receipt requested, addressed to said owner at the last address for said owner on the tax records of the Village. If served by mail, the notice shall be deemed received three days after the notice is deposited in a depository maintained by the United States Postal Service.
A. 
Any application which proposes the cutting, clearing, or removal of trees and which exceeds or is not in compliance with this chapter shall be denied.
B. 
Any person aggrieved by an act or determination of the Board of Trustees, Planning Board or Architectural Review Board in the exercise of the authority granted in this chapter shall be an Article 78 proceeding which shall be brought within 30 days of the filing of the decision with the Clerk.
It shall be a violation of this chapter for any party to cut, clear, remove, damage or cause to be cut, cleared, removed, or damaged any trees in the Village of Dering Harbor without the prior approval of the Village in compliance with this chapter.
Any person who shall violate any of the provisions of this chapter shall be deemed guilty of a violation under the New York State Penal Law and, upon conviction thereof, shall be subject to:
A. 
A fine of not more than $5,000 for each tree illegally removed, destroyed or substantially altered and a fine of not more than $5,000 for any other such violation; or
B. 
Imprisonment for a term of not more than 15 days; or
C. 
Both such fine and such imprisonment.
D. 
Each such violation shall constitute a separate offense and shall be punishable as such hereunder.
A. 
The Building Inspector and Code/Ordinance Enforcement Officer of the Village of Dering Harbor shall have the authority to enforce the provisions of this chapter. In the absence or inability of the Building Inspector to perform said duties, the same shall be performed by an Assistant Building Inspector or other person designated by resolution of the Board of Trustees.
B. 
The Village, at its option, may pursue civil remedies, including, but not limited to, seeking injunctive or other relief prohibiting or staying action or requiring restoration, and the election of a civil remedy by the Village shall not be exclusive of or preclude the prosecution of the violation and assessment of fines and penalties before a court of proper jurisdiction.
In the event that any section or portion of this chapter shall be deemed to be unenforceable or of no effect, the remainder of this chapter shall survive and remain in full force and effect.