[HISTORY: Adopted by the Town Board of the Town of Shelter Island 9-25-2001
by L.L. No. 14-2001. Amendments noted where applicable.]
GENERAL REFERENCES
Subdivision of land — See Ch. 111.
The Town of Shelter Island finds and declares that there is a direct
relationship between the preservation, maintenance and planting of trees,
shrubs and associated vegetation on Shelter Island and the health, safety
and general welfare of Town residents. Such flora is directly related to the
special quality of Shelter Island's environment as articulated in the
Comprehensive Plan and needs to be maintained and enhanced:
A.
Trees and woodlands stabilize soils, help control runoff
and erosion, provide shade and reduce evaporation, all of which enhance the
Island's aquifer, creeks, bays and harbors;
B.
Trees and woodlands act as buffers, provide shelter against
cold winds, reduce noise, purify the air and provide a rural and bucolic quality
to the Island, especially along roadsides and shorelines, creating important
viewshed and special places;
C.
The indiscriminate destruction and removal of trees and
woodlands cause the loss of these benefits and reduce the stability and value
of improved and unimproved land on Shelter Island.
As used in this chapter, the following terms shall have the meanings
indicated:
A not-for-profit corporation established to promote and support the
protection and conservation of trees, woodlands and natural habitat on Shelter
Island.
The natural growing characteristics of any tree, which includes branch
spread and distribution, branch height above ground and root spread and distribution.
Any living woody plant which is at least 12 inches in diameter at
4.5 feet above the ground whose trunk is wholly located on Town, county or
state property, including roadsides.
A protected Town tree which is specifically nominated by the Shelter
Island Friends of Trees ("FoT") and as designated by the Town Board, and which
meets at least one of the following criteria: the tree is estimated to be
at least 50 years old, is of a special size, shape or position relative to
other trees of the same species on Shelter Island, is an unusual species or
is located on a site highly visible to the public and important to the immediate
local community.
Roads, streets or highways owned by the Town of Shelter Island, County
of Suffolk, or the State of New York.
A Town, county or state road that contains at least 10 protected
Town trees located within a continuous half-mile segment along the public
road and which is specifically nominated by the FoT and so designated by the
Town Board.
Any cutting, pruning, elevating or other alteration of the habit
of a tree which affects its natural shape or is detrimental to its health;
and which shall include but is not limited to heavy or unnecessary cutting
of top branches (topping), cutting of major lower limbs (elevating), drastic
pruning, cutting, compacting or damaging the root system or the placing of
harmful chemicals on the ground surrounding the tree.
The Highway Superintendent is vested with the custody of protected Town
trees and public landmark trees which are shade trees and with the prosecution
of damage to such trees pursuant to the Highway Law of the State of New York.
To the extent that the administration and enforcement of this chapter shall
fall outside the purview of the Highway Superintendent, the Town Board hereby
grants such authority to administrate and enforce this chapter to the Code
Enforcement Officer. Notwithstanding the foregoing, the Town Board reserves
the right to designate public landmark trees and scenic tree roads and to
issue any permits that may be required under this chapter.
The FoT shall propose to the Town Board an initial inventory of not
more than 10 protected Town trees of any one species to be nominated as public
landmark trees, provided all such trees meet the criteria of a public landmark
tree. The list may include up to 100 individual trees as public landmark trees.
The FoT shall propose to the Town Board certain areas of public roads
containing at least 10 protected Town trees to be nominated as scenic tree
roads, provided all such trees are located within a half-mile segment and
that they constitute a unique area of mature trees readily visible to the
general public.
Pursuant to the Highway Law of the State of New York, the Highway Superintendent
has the right, authority and obligation to order the removal, destruction
or substantial alteration of any tree, or part thereof, which is located in
whole or in part on public land which he believes is creating an imminent
danger to human life or property without prior referral to the Town Board
or the FoT.
The Town shall encourage good tree stewardship practices on public and
private land by working with the FoT through regular inspections, education
and the establishment of a planting policy on Town land. By June 30 of each
year, the FoT shall submit an annual Stewardship Plan for Public Landmark,
and Protected Town Trees to the Town Board and the Highway Superintendent
showing those trees in need of maintenance and care, including invasive vine
control, as well as planned tree planting on Town property for each year.
The FoT and Highway Superintendent shall meet not later than July 31 to discuss
the annual tree maintenance and planting programs for the following 12 months.
Where professional advice is needed, the parties may ask for the opinion of
a qualified arborist.
A tree permit shall be required for the following activities:
A.
Cutting or pruning the trunk, branches or roots, applying
harmful chemicals or altering the habit in any way of a public
landmark tree.
B.
Removing, destroying or substantially altering any protected
Town tree.
C.
Causing either A or B to occur.
D.
Acceptance of a permit constitutes an agreement that
the permit holder and his or her authorized representative hereby indemnify,
release and hold harmless the Town, its authorized representatives and FoT
and its authorized representatives from liability from any bodily injury or
property damage or any other liability as may occur in connection with the
issuance of a permit. The permit holder understands and agrees that neither
the Town nor FoT have made any representations concerning the safety of the
activity authorized by such permit and that he or she has assumed full responsibility
for such activity.
An application for a tree permit must be made on a form available at
the office of the Town Clerk. Upon receipt of a complete application, the
Town Clerk shall forward copies to the Town Board, the Highway Superintendent,
the Code Enforcement Officer and the FoT. All parties shall review the application
and make their respective recommendations to the Town Board within 30 days
after transmittal of the application.
A.
The Town Board may by resolution grant, deny, partially
grant or partially deny an application for a permit, and shall do so within
60 days from the receipt of either a complete application or any additional
information that it deems necessary, whichever is later. In making its determination,
the Town Board shall consider the following criteria:
(1)
The Town's preference to protect and maintain protected
Town trees and public landmark trees wherever and whenever possible.
(2)
The uniqueness and visual importance of the tree(s) to
the community of Shelter Island.
(3)
The physical condition of the tree(s), including health
and disease.
(4)
The location of the tree(s) with respect to danger of
falling, proximity to existing or proposed structures, unsafe interference
with utility services and other potentially hazardous conditions.
(5)
The practical alternatives to removal of tree(s), including
safety and cost.
(6)
The effect of removal or substantial alteration of the
tree(s) to the immediate environment, including the negative impact of change
to the visual character of the site.
B.
Should the Town Board grant a permit allowing the removal
of a protected Town tree or public landmark tree, it may direct that the applicant
replace such tree with a tree on the preferred tree list. The FoT may make
a recommendation to the Highway Superintendent as to the species, size, location
and time of planting of the replacement tree. At a minimum, it shall be at
least three inches in diameter at 4.5 feet above the ground or 15 feet in
height, be planted on the same property as the removed tree, and be visible
to the public, if at all possible. If such is not possible, the applicant
shall donate the replacement tree together with any expenses associated with
its planting on Town land.
The Town may maintain a Town Tree Stewardship and Planting Fund as a
separate line item in the Town's annual budget. This fund may be used
for the maintenance and preservation of public landmark trees, protected Town
trees, and trees on scenic tree roads as well as for the planting of new trees
on Town land.
All public utilities operating on Shelter Island shall be required to
obtain an annual permit from the Superintendent of Highways to prune and cut
trees on Shelter Island, and shall be required to give advance notification
of such activities to the Town. The Superintendent of Highways shall keep
the FoT fully informed of any planned pruning and cutting by utilities.
A violation of this chapter is an offense and shall be punishable as
follows:
A.
For a first conviction, by a fine not less than the sum
of $100 nor more than $500 for each tree removed or substantially altered.
B.
For a second conviction, by a fine of not less than $500
nor more than $1,000 for each tree removed or substantially altered.
C.
For a third conviction or subsequent conviction, by a
fine of not less than $1,000 for each tree removed or substantially altered.
D.
For any conviction regarding intentional material damage
to a public landmark tree, a fine of not less than $1,000 or more than $2,500
shall apply.
E.
Each violation of the provision of this chapter shall
be a separate and distinct offense.
F.
In addition, any offender may be ordered by the court
to replant and replace trees that were improperly removed with trees of the
same size and species, insofar as that is possible. The court shall specify
a reasonable time for completion of such restoration.
G.
In addition to the above-referenced penalties, the Town
reserves the right to seek whatever civil and equitable relief may be available
and appropriate.
