[HISTORY: Adopted by the Board of Trustees
of the Incorporated Village of Bayville 8-11-1975 by 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.
All unimproved real property and improved property which
is subject to further subdivision within the zoning district in which
it is located.
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.
A.
It shall be unlawful for any person to remove, destroy,
or substantially alter the habit of one or more of the live trees
or a dead tree on any parcel of real property unless a permit has
been obtained pursuant to this chapter.
[Amended 4-24-2023 by L.L. No. 6-2023]
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 Chapter 80, Zoning, of the Code 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 or a
dead tree on any real property within the Village, such person shall
first make application for a permit to the Village Board.
[Amended 4-24-2023 by L.L. No. 6-2023]
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 in an amount as set from time to time by resolution of the
Board of Trustees and submission of other required information and
approval by the Board, a permit will be granted.
[Amended 7-24-2000; 4-22-2002; at time of
adoption of Code (see Ch. 1, General Provisions, Art. I)]
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 adding the total sum due to the Village Tax on said real property
or may be collected by court action.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 $500 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.
