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:
APPLICANT
The owner of real property or his agent.
PERSON
Any individual, firm, partnership, corporation, company, entity,
association, utility or combination of the same.
PLANNING BOARD
The Planning Board of the Village of Westhampton Beach.
TREE
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. The name and address of the applicant and owner, if not
the same.
B. The purpose of the proposed tree removal.
C. The site of the proposed tree removal.
D. An attached sketch plan of the area clearly indicating
the following:
(1) An outline of existing heavily wooded areas on the site.
(2) The location of any improvements on the property.
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.
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.