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.
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.
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.
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.