[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:
FRIENDS OF TREES
A not-for-profit corporation established to promote and support the protection and conservation of trees, woodlands and natural habitat on Shelter Island.
HABIT
The natural growing characteristics of any tree, which includes branch spread and distribution, branch height above ground and root spread and distribution.
PROTECTED TOWN TREE
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.
PUBLIC LANDMARK TREE
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.
PUBLIC ROADS
Roads, streets or highways owned by the Town of Shelter Island, County of Suffolk, or the State of New York.
SCENIC TREE ROAD
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.
SUBSTANTIALLY ALTER
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.