[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:
- The owner of real property or his duly authorized agent.
- The Board of Trustees of the Incorporated Village of Bayville.
- The natural growing characteristics of any tree which includes branch spread and distribution, branch height above ground and root spread and distribution.
- 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.
- 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.
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.
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.
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.
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.
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:
Name and address of the applicant.
Purpose of the proposed tree removal.
Site of the proposed tree removal.
An attached sketch or plan of the area indicating the following:
The decision of the Board will be based upon the following criteria:
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.
The necessity of the removal for the project in question.
The effect of the removal on ecological systems.
The character established at the proposed site of removal with respect to existing vegetation management practice.
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]
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.
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.