[Added 5-12-2026 by L.L. No. 13-2026]
A. 
The purpose of the article is to define the permitting process required for the removal of trees and topographic changes beyond two foot contours to lands within the Town of Southampton.
B. 
It is the further purpose of this chapter to promote the health, safety, and welfare of the public by creating a process that oversees tree clearing and grading to avoid significant consequences such as soil erosion, loss of habitat, geologic instability and sedimentation in water bodies. Indiscriminate grade changes have the potential to flood adjacent properties, increase the use of berms and retaining walls that change natural drainage patterns and change the character of a neighborhood by denuding vegetation and building new structures that are out of scale with existing homes.
C. 
Removal of trees and native vegetation results in diminished wildlife habitat and increased greenhouse gas emissions. Removal of trees and native vegetation reduces the quality and quantity of living space for animals, weakens the overall health and stability of forests, and increases greenhouse gas levels in the atmosphere. Woods and natural features are an integral and irreplaceable part of the Town's character, adding value to property owners and defining streets and neighborhoods.
D. 
This Land Disturbance Ordinance establishes procedures that enable property owners to achieve their development objectives while recognizing that preservation of our environment is the responsibility of the entire community. Requiring a permit for land disturbance will ensure the orderly and balanced allocation of our shared natural heritage to meet the needs of our residents while not compromising the quality and health of the existing forest and the contours of naturally occurring terrain.
A. 
The provisions of this article shall apply to land disturbance that results in the removal of trees and/or topographic changes in accordance with the following:
(1) 
Land disturbance of any one area, or sum total of areas greater than 2,000 square feet (sq. ft.) and/or grade changes in excess of two foot contours from existing natural grade on properties with a lot size of 20,000 sq. ft. or greater in all residential and commercial districts.
(a) 
Any land disturbance of undeveloped/vacant forested property in any Residential or Commercial District of any size.
B. 
Exempt activities. The following activities are permitted without prior authorization or permit:
(1) 
Removal of hazardous, dead, dying, diseased trees and/or clean-up post-catastrophic event. If there is a catastrophic event or declared emergency where extensive tree damage has occurred, the Town Supervisor may declare a suspension of the land disturbance permit application, notice and other requirements, as set forth herein, for a specified period of duration and within specific neighborhoods or areas.
(2) 
Customary use, maintenance and management of existing cleared areas in agricultural use or horticulturally improved on the effective date of this article.
(3) 
Prescribed clearing, thinning, pruning for the purpose of forestry management conducted by municipal, county, state, federal agencies, or public utilities with jurisdiction over vegetated areas, including but not limited to the following:
(a) 
The New York State Department of Environmental Conservation shall be permitted to trim, prune or remove trees pursuant to the New York Environmental Conservation Law without the necessity of obtaining a permit pursuant to this chapter.
(b) 
Any person doing business as a public utility and/or subject to the jurisdiction of the New York State Public Service Commission and any duly constituted public agency or contractor authorized to provide utility services shall be permitted to excavate/trench, or trim/prune any tree which may otherwise be lawfully altered by such person, to the minimum extent necessary to enable such person to repair existing utility services, without having first obtained a permit issued therefor pursuant to § 330-69.9 of this chapter.
(4) 
Clearing related to septic system installations including septic tanks, septic lines, and drainage/leeching fields unless related to a site plan for the construction of a building to be served by the sanitary system. Any septic system installations shall only be exempt where installation of the system is permitted by the Suffolk County Department of Health, and/or the Town of Southampton.
(5) 
The clearing of vegetation within 20 feet of a business or house to provide separation for wildfire safety.
(6) 
Ordinary and customary maintenance, pruning, and care of trees and vegetation on any developed lot or tract, including removal of dead or damaged limbs, corrective pruning for structural integrity, clearance from structures or utilities, and aesthetic shaping, as long as these actions do not result in the removal of a significant tree or result in topping, ring barking, girdling or other actions that are considered detrimental to the health of tree(s).
(7) 
Clearing of agricultural reserve areas, and farmland areas in accordance with recorded covenants and any restrictions applicable to a specific property.
(8) 
The clearing of vegetation for the limited purpose and extent of installing a water quality monitoring well or irrigation well.
(9) 
Removal of prohibited and regulated plant invasive species, a defined term.
(10) 
Activity which is taking place pursuant to a valid permit issued by the Trustees of the Freeholders and Commonalty of the Town of Southampton.
As used in this article, the following terms shall have meanings as indicated:
APPLICANT
Any person, corporation, partnership, firm or any other entity making an application pursuant to this chapter.
CANOPY
The leafy upper layer of a tree or group of trees.
CERTIFICATE OF COMPLIANCE FOR LAND DISTURBANCE or REVEGETATION
A certificate that must be applied for and obtained from the Department of Land Management, upon completion of permitted land disturbance/clearing/revegetation, to ensure compliance with approvals.
CONSTRUCTION ZONE (also Work Zone)
Areas depicted on a survey that are directly impacted by the development of a site and depict reasonable clearing to effectively perform the necessary work. The construction zone shall at a minimum account for the angle of repose at grade for excavation or a 10-foot minimum for items placed beneath grade, a 20-foot envelope for all one-story structures and a 30-foot envelope for structures over one-story. Staging, parking, vehicular transit, and safety areas are to be accounted for given the terrain and scope of the work.
DIAMETER AT BREAST HEIGHT (DBH)
The diameter of the tree trunk or sum of the trunks, measured at 4.5 feet above natural grade level. The diameter may be calculated by using the following formula: DBH = circumference at 4.5 feet divided by 3.142.
EXEMPT LAND
Areas within the Town, within which this article does not apply, as certified in writing by the Land Management Administrator or designee, acknowledging the property was lawfully cleared of 85% or more natural vegetation, as of the effective date of this article and/or was lawfully cleared of natural vegetation after the effective date of this article. Undeveloped forested property, a defined term, and/or land without an established use shall not be considered as exempt.
EXEMPTION MEMORANDUM
Official documentation citing exemption from land disturbance requirements promulgated by this article (and in accordance with § 123-9).
HAZARDOUS TREE
A tree identified as structurally compromised which posed or poses a threat and/or imminent risk of personal injury, death or property damage in the fall zone.
INVASIVE SPECIES
A non-native species whose introduction does or is likely to cause economic or environmental harm, or harm to human, animal, or plant health.
LAND DISTURBANCE
Clearing, cutting, felling, topping, uprooting, killing, destroying, removing, major pruning, ring-barking, girdling, poisoning or otherwise damaging live and/or dead native vegetation, including trees, understory and groundcover filling, and any activity that disrupts the natural topography in woodland areas such as, grubbing, burying, excavating, trenching, uprooting, or altering drainage flows.
REGULATED ACTIVITIES
Land disturbance activities on residential, commercial, and industrial zoned lots, for both development and non-development purposes, except for those activities or lands, which are specifically exempt under this article.
REVEGETATION TOPOGRAPHIC CERTIFICATE
A certificate issued by the Planning Division verifying that mitigative measures have been accomplished to the satisfaction of the Town.
SIGNIFICANT TREE
All healthy trees with a trunk diameter at breast height (DBH) of at least 18 inches.
UNDEVELOPED FORESTED PROPERTY
A forested property that has not been cleared or otherwise developed pursuant to a permit issued by the Southampton Town, within the last 20 years prior to the submission of a land disturbance permit application.
WOODLANDS
Forested areas, vacant land, or areas that are predominantly naturally occurring or indigenous vegetation or native vegetation planted, and/or areas which were subject to a requirement by the Town, to undertake remedial action to restore or protect natural vegetation, by preservation of existing native vegetation, by self-heal or discontinuance of disturbance, followed by allowance for natural vegetative succession and recovery, and/or by active native planting and/or by a combination of the above, and/or which are subject to a covenant, easement or conservation management plan requiring same. Ornamental plants that are non-native, irrigated, and or species that are reliant on fertilizers shall not be eligible for consideration as components of woodland areas.
A. 
A land disturbance permit, consistent with the parameters herein, shall be required throughout the Town and is also applicable to properties within the boundaries of the Aquifer Protection Overlay District and Central Pine Barrens Compatible Growth Area Overlay Districts, unless the parcel is exempt, as defined herein.
B. 
A building permit shall not be authorized unless a land disturbance permit has been approved. Nothing shall preclude the issuance of a land disturbance permit in coordination with a building permit. A certificate of occupancy shall not be issued, however, until such time that the land disturbance certificate of compliance is issued.
C. 
A land disturbance permit shall not be construed as authorizing land disturbance in contravention of NYS State Department of Environmental Conservation regulations (6 NYCRR 617.1 through 617.10, State Environmental Quality Review), or other applicable State or Federal Law including, but not limited to the Endangered Species Act (16 U.S.C. § 1531), and Clean Water Act (33 U.S.C. § 1251 through 1387).
D. 
Where there are recorded covenants and restrictions, buffers, easements, Planning Board decisions, or other restrictions on land disturbance that were previously filed on a lot or tract, specific terms of the covenants and restrictions shall prevail. Where covenants and restrictions fail to address clearing and/or land disturbances, this chapter shall prevail.
A. 
Land disturbance shall be a regulated activity consistent with the following parameters:
(1) 
Removal of trees and/or any topographic changes pursuant to § 330-69.6A shall not commence until such time that a land disturbance permit has been issued by the Land Management Administrator or designee.
(2) 
Where a lot or tract is previously disturbed and allowed to revert to natural vegetation over a period of 20 years from the effective date of this Article, a land disturbance permit shall be based on the current extent of clearing for the lot or tract.
(3) 
Undeveloped forested properties or tracts shall not be cleared or otherwise disturbed, without a valid land disturbance permit.
(4) 
Nothing in this article shall be construed to prevent the ordinary maintenance and repair of any permitted structures on a lot or tract.
A. 
The request for a land disturbance permit from the Land Management Administrator or designee shall be made with the purpose for the proposed disturbance.
B. 
A general description of the location of proposed clearing expressed in square footage, and indicate the extent of existing woodlands and naturally vegetated areas proposed to be disturbed. An aerial photograph may be provided depicting the property boundaries and the areas proposed to be disturbed at scale. Recent site photographs of the existing vegetation, which is proposed to be disturbed, may be required as part of the application.
C. 
Applications for a land disturbance permit shall include an accurate depiction of the site indicating the area(s) proposed for disturbance, areas with slopes 15° or greater, and the location of any significant trees.
D. 
Details of retaining walls and any cut/fill grading plans for topographic changes shall also be submitted.
E. 
Requests for land disturbance in excess of 50% of the natural vegetation on any given site in accordance with § 330-69.6A shall include landscape plans stamped by a registered landscape architect, or prepared by certified arborist or landscape design professional and shall indicate areas necessary for the construction zone as defined herein. Said requests shall be submitted to the Planning Board.
A. 
Permits shall delineate specific areas for development and purpose for land disturbance. Considerations shall include, but are not limited to:
(1) 
The preservation of native habitat that includes both the vegetation and topography is required to the furthest extent practicable; where previously disturbed areas of a property or tract can reasonably accommodate the proposed site improvements those areas shall be developed/repurposed in place of disturbing additional areas.
(2) 
Significant tree(s), as defined herein, shall be preserved and protected to the furthest extent practicable.
(3) 
Habitat assemblages shall be linked to the furthest extent practicable between adjacent properties and open space to maintain natural processes and conserve contiguous forested areas and the canopy.
(4) 
Topography changes of two feet or more from existing natural grade will require review and approval by the Town Engineer and Floodplain Manager or designees to ensure that natural drainage patterns are not disrupted or are sufficiently mitigated.
B. 
For sites found by a court or competent jurisdiction to be non-compliant with the standards enumerated in this section, the Land Management Administrator or designee shall require and may approve a revegetation plan as an alternative to compliance, provided all other efforts have proven impractical.
(1) 
A revegetation/topographic certificate shall be obtained within one year of completion where a revegetation is required. An extension of time may be granted, for up to two additional years provided good cause.
(2) 
A corrective land disturbance permit may be issued that takes into account mitigative measures for site restoration while engaging in planned clearing that is deemed conforming. In such instance, a revegetation certificate shall be re-issued for the entire site prior to the issuance of a certificate of occupancy.
C. 
The Land Management Administrator or designee shall employ the following studies and issue within 30 days one of the following decisions upon receipt of the complete land disturbance permit application:
(1) 
The Land Management Administrator or designee shall utilize GIS mapping and may conduct a field inspection if necessary to assess the approximate location and extent of woodlands and natural vegetation at the site, inclusive of the identification of rare and vulnerable ecological communities.
(2) 
The GIS inventory shall be based upon the most current available information, including aerial interpretation and/or a field survey and shall be accompanied by a brief written assessment of the vegetative cover type, the presence of significant trees and significant slopes or grade changes.
(3) 
The Land Management Administrator or designee shall determine, based on the intensity and breadth of land disturbance if the applicant shall be required to submit additional information pertaining to the square footage of construction zones/work zone areas, as defined herein, or any pertinent information for good cause shown.
(4) 
Any history of land disturbance, planned or conducted prior to the effective date of this article, as well as the cumulative impacts of clearing, landscaping, and permitted improvements on individual lots, shall be considered, as part of the review of permit applications.
(5) 
Where a lot or tract contains woodlands or natural vegetation that connects to, or is contiguous to, off-site areas of native forest, or community preservation properties, additional restrictions may be imposed based upon good cause. The proposed disturbance shall preserve such connections or contiguity, to the maximum extent practicable, in order to allow for continued ecological function and sustainability. Breaks or gaps in forested areas should be minimized and, when possible, re-established by planting town approved native vegetation.
(6) 
The Land Management Administrator, or Chief Building Inspector or designee(s) may issue an exemption memorandum for activities that are exempt from this ordinance.
(7) 
If the proposed land disturbance is not consistent with the intent of the provisions of this article, or if the purpose of the land disturbance is for future development of the property, which has not been approved by the Town, the land disturbance application may be denied in whole or in part. This may allow landowners to manage their building process while still having the opportunity to address aspects of the decision, if necessary. An applicant may apply to the Planning-Board within 30 days upon issuance of a denial by the Land Management Administrator or designee. The Planning Board may consider said application using the guidelines set forth within this chapter in rendering a final determination.
D. 
Land disturbance applications in excess of 50% clearing or disturbance of the natural vegetation on any given site, pursuant to § 330-69.10E, shall be submitted to the Planning Board. In their assessment the Planning Board shall consider the following:
(1) 
Any practicable alternative that may achieve the objectives;
(2) 
An analysis and an assessment of the impacts of the proposed land disturbance on: woodland occurrence and size; presence of rare or vulnerable fauna, flora, and ecological communities/successional stage; ecological quality and degree to which the woodlands or native vegetation have been altered;
(3) 
The overall landscape context to include wildlife movement corridors, presence of steep slopes or highly erodible land; watershed values and adjacency to wetlands, ponds, creeks, bays and/or other watercourses;
(4) 
Impact to neighboring properties and any related impacts to endangered species such as the Northern Long Eared Bat.
(5) 
Determinations made by the Planning Board pursuant to this subsection shall be considered final determinations of the Town.
E. 
Permitted land disturbance shall be limited to the minimum amount necessary. Applications for clearing and/or land disturbance likely to have serious and irreversible impacts on the Town's natural resources inventory and ecological functions may be denied or approved with site specific conditions.
F. 
A continuous line of project limiting fence may be required around the areas to be cleared or disturbed, as authorized by permit, prior to the commencement of any clearing and/or land disturbance. The fence shall be maintained, repaired and replaced as often as necessary to contain and ensure clear visual demarcation of the area to be cleared, until the authorized clearing is complete, and until all disturbed areas are permanently vegetated and/or otherwise suitably stabilized.
G. 
As a condition of the land disturbance permit, the Town may require that a trenched in silt fence be installed, prior to the commencement of work, at the downslope edge of the area to be cleared or disturbed, to prevent erosion, siltation and encroachment within required protected areas. The screen shall be maintained, repaired and replaced as often as necessary to ensure proper function, until all disturbed areas are permanently vegetated and/or otherwise suitably stabilized. Sediments trapped by the screen shall be removed away from the screen to an approved upland location before the screen is removed.
H. 
Prior to any clearing and/or land disturbance, the applicant shall prominently display the land disturbance permit on the premises facing each public street on which the property abuts.
(1) 
The permit sign shall not be set back more than 10 feet from the street line and shall not be less than two or more than six feet above the grade at the street line.
(2) 
The permit sign shall be displayed not less than 24 hours immediately preceding the commencement of permitted land disturbance activities.
(3) 
The permit sign shall be displayed until all permitted work is complete and a land disturbance certificate of compliance has been issued.
I. 
A land disturbance and/or revegetation certificate of compliance shall be obtained, upon completion of authorized activities, in order to certify that the terms and conditions of this Article and the land disturbance permit are met.
J. 
Where a notice of violation has been issued for non-compliance with the provisions of this article, the property owner may file a revised land disturbance application subject to an "in-violation" fee, which shall be double the application fee. Payment of such fee does not exempt a permit applicant from any section of the Southampton Town Code.
A. 
The term of any land disturbance permit issued under this article shall be set for a period of one year. Permits may be renewed two times. Each renewal period shall be one year. The expiration date shall be clearly stated on the face of the permit.
A. 
Land disturbance permit application fees, and renewal fees shall be established and amended by resolution of the Town Board from time to time by fee schedule.
A. 
Clearing and/or land disturbance in the absence of a necessary permit or approval is prohibited within the Town of Southampton and the standards and requirements of this Article.
(1) 
Any person who has been determined to have violated this chapter by a court of competent jurisdiction shall be subject to a penalty no greater than $1,000 per offense, per day such offense continues. For purposes of this chapter, an offense is deemed to continue so long as a lot remains cleared in violation of this section, without a valid permit.
(2) 
In lieu of a fine, a judge may allow for community service not to exceed 24 hours per offense. Any violation of this section shall be an unclassified misdemeanor level offense. For purposes of plea bargaining, this section may be reduced and amended to a charge of violation of § 261-1B(4), and shall be considered a lesser, sealed violation level offense.
(3) 
Anyone convicted pursuant to this section shall be required to pay a mandatory blight mitigation surcharge of § 100. The blight mitigation surcharge shall be paid to the clerk of the court or administrative tribunal that rendered the conviction.
(4) 
Each day or part of a day on which a violation continues shall constitute a separate violation.
(5) 
When authorized by a duly adopted resolution of the Town Board, the Town Attorney may pursue any and all actions in law or equity, including but not limited to actions for compensatory damages; civil penalties; to compel compliance, or to restrain by injunction violations of the standards enumerated.