[HISTORY: Adopted by the Board of Trustees of the Incorporated Village
of Bayville 8-11-1975 as L.L. No. 13-1975. Amendments noted where applicable.]
Since it has been established that trees provide a natural habitat for
the wildlife of our area, absorb air pollution, provide us with oxygen, deter
soil erosion and flooding and offer a natural barrier to noise, and as the
removal of trees deprives us of these benefits and disrupts the ecological
balance in nature, it is therefore the purpose of this chapter to prevent
the indiscriminate destruction and removal of trees in the Incorporated Village
of Bayville.
As used in this chapter, the following terms shall have the meanings
indicated:
- APPLICANT
- The owner of real property or his duly authorized agent.
- BOARD
- The Board of Trustees of the Incorporated Village of Bayville.
- HABIT
- The natural growing characteristics of any tree which includes branch spread and distribution, branch height above ground and root spread and distribution.
- PERSON
- Any individual, firm, partnership, association, corporation, company, public agency, public utility or organization of any kind, or agent thereof.
- REAL PROPERTY
- All unimproved real property and improved property which is subject to further subdivision within the zoning district in which it is located.
- SUBSTANTIAL ALTERATION
- Any cutting, pruning, elevating or other alterations of the habit of a tree which impairs or endangers the life of such tree or destroys its natural symmetry and shall include but is not limited to heavy or unnecessary cutting of top branches (topping), cutting of major low limbs (severe elevating) or drastic pruning and shall not include customarily accepted or ornamental procedures.
- TREE
- Any living woody plant which is eight inches or more in diameter at a height of three feet above the base of the trunk, its root system and the environment within the area defined by the outermost limit of its branches. This definition shall, however, include mountain laurel (Kalmia latifolia) and dogwood (Cornus florida) of any size.
A.
It shall be unlawful for any person to remove, destroy
or substantially alter the habit of one or more of the trees on any parcel
of real property unless a permit has been obtained pursuant to this chapter.
B.
Nothing in this section shall be construed to prohibit
the alteration of the habit of any trees made in accordance with customarily
accepted ornamental procedures.
C.
This chapter shall not apply in an emergency situation
or to the removal, destruction or substantial alterations of any tree made
in accordance with an accepted landscape plan that is part of an approved
subdivision, building permit or site plan made pursuant to the Zoning Ordinance
of the Incorporated Village of Bayville.
This chapter shall be administered by the Board of Trustees on recommendation
of the Village Building Inspector.
A.
Whenever a person shall deem it necessary to remove,
destroy or substantially alter one or more of the live trees on any real property
within the Village, such person shall first make application for a permit
to the Village Board.
B.
The application shall be made on such form as may be
prescribed by the Village Board and shall include but not be limited to the
following:
C.
The decision of the Board will be based upon the following
criteria:
(1)
The condition of the trees with respect to disease and
hazardousness, danger of falling, proximity to existing or proposed structures
and interference with utility services.
(2)
The necessity of the removal for the project in question.
(3)
The effect of the removal on ecological systems.
(4)
The character established at the proposed site of removal
with respect to existing vegetation management practice.
D.
Upon the submission of an application and payment of
fee of $25, plus $10 per tree to be removed, and submission of other required
information and approval by the Board, a permit will be granted.
[Amended 7-24-2000; 4-22-2002]
A.
Private property. Any tree growing on private property
which is endangering or, in the opinion of the Board, constitutes a danger
to the public streets or public places or which in any way endangers the usefulness
of a public sewer or public utility shall be removed or trimmed by the owner
of the property within 14 days after receipt of such notice from the Board.
In the event the property owner fails to remove or trim such tree within said
time, the Board may then remove or trim such tree and assess the cost thereof
against the property owner. Ten days' prior notice of the hearing before the
Village Board shall be given to the property owner and, upon confirmation
by the Village Board, such cost shall become a lien on the property and the
resolution assessing such costs shall be recorded with the Village Clerk and
the office of the County Clerk or may be collected by court action.
B.
Streets and public places. No tree shall be removed from
any public street or property owned or under the control of the Incorporated
Village of Bayville without the prior written consent of the Board. Such consent
shall only be granted if the tree constitutes a hazard to property or persons
using the adjoining streets, if its roots are causing excessive damage to
the curb, gutters or sidewalks or if it unduly interferes with the sewer system,
if any, and public utilities. Any tree being removed for the benefit of the
property owner shall be removed and replaced with an approved tree at the
expense of the property owner in the event the Board so requires.
The Board may require the planting of the same or an agreed-upon alternate
species of trees, which are as nearly comparable in type and size as practical
to the trees to be removed, when the individual character of the trees or
the ecological setting requires special consideration, as a condition for
the issuance of a permit for tree removal. The location for planting of the
replacement trees shall be agreed upon prior to issuance of the permit for
removal.
Any person doing business as a public utility subject to the jurisdiction
of the New York State Public Service Commission and any duly constituted public
agency authorized to provide and providing utility service shall be given
a permit from the Board, valid for one year from the date of issuance, permitting
such person to trim, brace, remove or perform such other acts with respect
to trees growing adjacent to the public streets of the Village or which grow
upon private property to the extent that they encroach upon such public streets
as may be necessary to comply with the safety regulations of said Commission
and as may be necessary to maintain the safe operation of its business.
Any person committing an offense against any provision of this chapter
or any rule, regulation or specification promulgated hereunder shall, upon
conviction, be guilty of a violation pursuant to the Penal Law of the State
of New York punishable by a fine not exceeding $250 or imprisonment for a
term not exceeding 15 days, or both such fine and imprisonment.
Nothing herein contained shall abridge or alter any rights of action
or remedies now or hereinafter existing nor shall this chapter, or any provision
hereof, or any rule or regulation promulgated hereunder be construed as estopping
the People of the Incorporated Village of Bayville from exercising its rights
and fulfilling its obligations to protect the public health and welfare.
