[HISTORY: Adopted by the Board of Trustees of the Village of Westhampton
Beach 6-12-1987 by L.L. No. 15-1987. Section 170-8B amended at time of adoption
of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where
applicable.]
Unregulated and excessive, unexpected clearing of trees from land results
in the loss of various beneficial environmental qualities. There is an obvious
adverse impact on natural buffers between neighbors, soil stabilization and
preservation, wildlife habitats, air pollutant absorption and the maintenance
of intrinsic aesthetic qualities associated with woods and indigenous plant
settings. The intention of this chapter is to diminish the unregulated clearing
of trees while securing for the future benefit of all residents of this community
the many benefits of the remaining undisturbed woodland areas of the Village.
As used in this chapter, the following terms shall have the following
meanings:
The owner of real property or his agent.
Any individual, firm, partnership, corporation, company, entity,
association, utility or combination of the same.
The Planning Board of the Village of Westhampton Beach.
Any living, perennial woody plant, its branches, trunk and root system,
if greater than three inches in caliper of or diameter when measured three
feet from natural, undisturbed ground level.
No person and no applicant before any municipal agency or governmental
agency shall destroy or remove from the soil any tree growing upon a parcel
of real property in excess of 1/2 acre in area without obtaining a permit
therefor. Two or more contiguous parcels of real property in common ownership
are deemed, for purposes of administration of this chapter, merged, and the
total area of said parcels collectively shall determine the applicability
of this chapter.
This chapter shall be administered by the Planning Board.
Every applicant for a permit required by this chapter shall submit an
application to the Planning Board on such form as may be prescribed by the
Planning Board. Such application shall include the following information:
A.
In acting upon the application, the Planning Board shall
take into account the following considerations:
(1)
The location and size of the tree or trees to be removed.
(2)
The condition of the trees with respect to disease and
potential for creating hazardous conditions.
(3)
The proximity of the trees to existing or proposed structures
and utility appurtenances.
(4)
The necessity of the removal for the proposed project.
(5)
The environmental effect of the removal.
(6)
Any of the considerations enumerated in the legislative
intent of this chapter.
B.
The Planning Board shall evaluate the above considerations
and when appropriate seek the advice and recommendations of the Village of
Westhampton Beach Conservation Advisory Council.
The Planning Board shall advise the applicant, in writing, of its decision
on the application and, upon the favorable determination of such application,
issue a permit therefor.
A.
No person shall be required to obtain a permit as prescribed
by this chapter for the destruction or removal of trees incidental to surveying
and soil investigation activities.
B.
Any person doing business as a public utility subject to the jurisdiction of the New York Public Service Commission and any duly constituted public agency is authorized to trim, prune or alter 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 therefor pursuant to § 170-3 of this chapter.[1]
C.
The provisions of this chapter shall not apply to real
property included in any approved subdivision or approved site plan when such
approval was granted by the Planning Board prior to the effective date of
this chapter.
A.
Any person required to submit application to the Planning
Board for approval of a proposed subdivision or site plan after the effective
date of this chapter shall submit with such application the information required
for a permit pursuant to this chapter. No subdivision or site plan shall be
approved by the Planning Board without due consideration of such information.
Approval of a subdivision or site plan pursuant to this section shall relieve
the applicant for such approval of the necessity to obtain a permit required
by this chapter, and the approval of such subdivision or site plan shall constitute
adequate compliance with this chapter.
B.
Any person who has filed an application for approval
of a subdivision or site plan prior to the effective date of this chapter
and has not received approval of the same prior to the effective date of this
chapter shall submit to the Planning Board such information relative to the
preservation of trees as the Planning Board may request.
Any nursery or garden center harvesting trees on its own property in
the ordinary course of business within the Business 2 District shall be exempt
from the necessity of any permit hereunder.
Any person owning a parcel of less than two acres improved as of the
date of any proposed or anticipated tree removal with a legal residence as
principal use or legal commercial/industrial structure as principal use engaged
in normal yard maintenance or landscaping shall be exempt from the necessity
of any permit hereunder. A commercial/industrial structure, for purposes of
this chapter, shall include any place of public assembly, including, by way
of illustration and not limitation, all churches, schools, recreational centers,
clubs and multifamily developments.
A.
Criminal penalties. Any person who destroys or removes
any tree without having first obtained a permit issued therefor pursuant to
this chapter or who destroys or removes any tree in a manner inconsistent
with such permit or the requirements of an approved subdivision or site plan
shall be guilty of a violation punishable by a fine of not less than $250.
B.
Civil penalties. In addition to any criminal penalties
which may be imposed, any person who violates any provision of this chapter
may be ordered to restore the premises damaged by the unlawful destruction
or removal of trees to such suitable conditions as the Planning Board may
require. In the event that such person refuses or fails to restore the real
property to a condition ordered by the Planning Board, the Planning
Board may proceed, in a court of competent jurisdiction, for an order directing
such person to restore such real property in conformity with the requirements
of the Planning Board. In the event that the Village of Westhampton Beach
is compelled to restore such real property, all costs incurred incidental
to such restoration shall be assessed against the real property in question.
