[HISTORY: Adopted by the Board of Trustees of the Village
of Sag Harbor 2-13-2024 by L.L. No. 2-2024. Amendments noted where
applicable.]
For the purposes of this chapter, the following terms, phrases
and words shall have the meanings indicated:
The property owner, or his/her duly authorized agent, requesting
a tree removal permit from the Village pursuant to this chapter.
The Village of Sag Harbor Building Inspector, upon consultation
with an ISA (International Society of Arboriculture) certified arborist
where required, will have approval authority for tree removal and
building permit applications. In the case of applications for site
plan and/or special permit approval, the approval authority shall
be the Village of Sag Harbor Planning Board upon consultation with
an ISA certified arborist.
The diameter or caliper of a tree measured at a point 4 1/2
feet above ground level at the base of the uphill side of the tree.
An imaginary, roughly circular line extending from the maximum
spread of the limbs of a tree to the ground.
International Society of Arboriculture certified arborist.
A plan or survey indicating the location, species, size,
dripline and health of all trees on a property which are 12 or more
inches in DBH as determined by a certified arborist and detailing
the methods and practices to be used to provide protection for all
such trees to be preserved.
The act of removing a tree(s) subject to this preservation
legislation or a percentage of its root system that could cause the
tree to die within a one-year period.
A permit granted pursuant to the requirements of this chapter
which allows the removal of one or more trees. When issued in connection
with a building permit, the tree removal permit shall constitute part
of the building permit and be processed in conjunction therewith.
A living, woody plant with an erect perennial trunk and a
definitely formed crown of foliage and a DBH of 12 or more inches.
Except as specifically permitted elsewhere in this chapter,
it shall be unlawful to remove a tree subject to this preservation
legislation, unless a tree removal permit is granted pursuant to the
requirements of this chapter.
The following tree-related activities are permitted without
a permit:
A.
Removal of any dead, diseased or severely damaged tree, if determined
to be in such condition by the Village of Sag Harbor Building Inspector
or an ISA certified arborist.
B.
Removal of any tree under an actual or ongoing emergency condition
when such tree removal is necessary for the protection and preservation
of life or property, such as after a hurricane or ice storm.
C.
The removal of trees in connection with duly authorized activities
of the Village of Sag Harbor or any department thereof.
D.
The removal of trees with a DBH of less than 12 inches.
A.
Any person or property owner proposing to remove a tree(s) with a
DBH of 12 inches or greater on any property in the Village of Sag
Harbor shall file an application for a tree removal permit with the
approval authority, as herein provided. Building permit applications
shall require the submission of a tree removal permit at the discretion
of the approval authority. The approval authority shall make its determination
based on an inspection of the subject property and, when required,
by an ISA certified arborist and the information submitted as a part
of the application.
B.
The application shall include the following information, unless waived
by the approval authority, and such other additional information and/or
certification as the approval authority determines to be necessary
or appropriate:
(1)
The name, address and telephone number of the property owner and,
if different, the applicant.
(2)
The street address and Tax Map designation of the subject property.
(3)
If the owner is not the applicant, a statement of authority from
the owner to make said application.
(4)
A description of the proposed tree removal and its purpose.
(5)
A survey, at a scale of not less than one inch equals 40 feet, of
the property showing the area to be disturbed and indicating the specific
tree(s) proposed to be removed, the location of any existing and proposed
improvements on the property, a tree preservation plan for all trees
which are to be preserved, and any additional information that the
approval authority may deem necessary or appropriate for the proper
evaluation of the application. All plans for the protection of trees
shall include the protection of potentially impacted off-site trees.
(6)
A plan of mitigation measures, including replanting, designed to
reduce the potential impacts of tree removal, such as flooding, erosion,
sedimentation, loss of buffer screening and/or disturbance of wildlife
habit.
(7)
For all applications, an application fee shall be required in the
amount to be determined by the Board of Trustees by resolution. In
addition, the fees of the ISA certified arborist shall be charged
back to the applicant. In the case of an application involving the
removal of one tree, the application fee may be waived or reduced,
at the discretion of the approval authority, where it is determined
that adequate mitigation, in terms of tree replacement, is provided.
(8)
Signature of the applicant attesting to the accuracy of all information
submitted as a part of the application.
C.
All information related to the permit application shall be maintained
on file in the office of the Village Building Department and maintained
as part of the building files for that property.
A.
In making a determination whether to grant, deny or grant with conditions
a tree removal permit, the approval authority shall consider the following
factors:
(1)
Whether the proposed tree removal is consistent with the purpose
and intent of this chapter.
(2)
Whether the tree or tree(s) to be removed are of a species listed
on the New York State Rare Plant List as endangered or threatened
trees.
(3)
The need for the proposed tree removal.
(4)
The availability of reasonable and practical alternatives to the
proposed tree removal.
(5)
The condition of the tree or trees proposed to be removed as determined
by the ISA certified arborist.
(6)
The location of the tree(s) proposed to be removed and their dripline(s)
with respect to existing and proposed site improvements.
(7)
The applicant's proposed mitigation measures, including the
planting of new trees of similar or greater size, dripline(s) and
other vegetation, erosion and sedimentation controls, drainage improvements,
etc.
B.
Any permit issued pursuant to this chapter shall contain all such
conditions as may be determined appropriate by the approval authority
to ensure both initial and continued compliance with the intent and
requirements of this chapter.
C.
The Building Inspector, or his designee, may suspend or revoke a
tree removal permit by issuing a stop-work order if he finds that
the applicant has not complied with one or more of the conditions
of the issuance of such permit or has exceeded the authority granted
in the permit or has failed to undertake the project in the manner
as set forth in the approved application. Similarly, a stop-work order
may be issued if no tree removal permit has been issued and a tree
or trees are about to be, or are in the process of being, removed.
D.
No permit granted pursuant to this chapter shall remove an applicant's
obligation to comply in all respects with all other applicable provisions
of any federal, state or local law or regulation, including, but not
limited to, the securing of any other required permit or approval.
E.
A copy of any tree removal permit which is granted shall be immediately
and prominently displayed along the street frontage of the subject
property until all approved work is completed and approved by the
Building Inspector.
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 public utility
service is hereby granted a continuing permit to trim, 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.
Trees in streets or other public places in the Village shall be subject to Village Code § 235-13, Trees and fences.
A.
Any determination made by the approval authority may be appealed,
within 10 days of receipt of the determination, to the Village Board
of Trustees. The appeal must be in writing, cite the specific nature
and reasons for the appeal and be filed in the Building Department
and Village Clerk's office. A hearing shall be held within 30
days of the appeal being filed in the Building Department and Village
Clerk's office (if not filed simultaneously, whichever date is
later). The Village Board of Trustees shall consult with the approval
authority, including the ISA certified arborist, and make a determination
by resolution at the next scheduled Board of Trustees meeting. The
Village Clerk shall send notification to the appellant of the determination
within five days of the Village filing.
B.
Any appeal from the determination of the Village Board of Trustees
shall be made by commencement of an action pursuant to the provisions
of Article 78 of the Civil Practice Law and Rules within 30 days of
the filing of the Village Board of Trustees determination.
Any site for which a tree removal permit application has been
submitted or required by the Building Inspector shall be subject to
inspection by representatives of the Village of Sag Harbor, including
but not limited to the Building Inspector or his designee at any reasonable
time, including weekends and holidays. The applicant, by reason of
making application for such permit, shall be deemed to have granted
its consent for such inspection.
A.
Within 30 days after completion of all tree removal activities authorized
under a permit issued in accordance with this chapter, the applicant
shall notify the approval authority of such completion.
B.
Within 30 days of such notification of completion, the approval authority,
or its duly authorized representative, shall inspect the tree removal
site for compliance with all conditions of the permit.
C.
When all tree removal activities authorized under a permit have been
deemed to be completed in an acceptable fashion, the approval authority,
or its duly authorized representative, shall issue a certificate of
completion, which shall be accompanied by the cancellation or return
of any bond or any other security collected in connection with said
permit.
D.
If the tree removal activities are found to be unacceptable, the
approval authority shall so notify the applicant. Such notification
of noncompliance shall include a list of all conditions which are
in violation of the terms of the permit and shall specify a time limit
for the correction of all such violations.
Nothing contained in this chapter shall be deemed to impose
liability upon the Village, the Village Board of Trustees, the approval
authority or individuals, companies or corporations hired by the Village,
nor to relieve the owner of any private property from the duty to
keep any tree, shrub or plant that he/she planted in the right-of-way
of a public street or that is on his/her property from constituting
a hazard to the subject property or neighboring properties, or an
impediment to travel or vision upon any street, sidewalk, park or
other public place within the Village of Sag Harbor.
A.
Any property owner or person who shall violate any of the provisions
of this chapter, or any rule, regulation or specification promulgated
thereunder, shall be deemed guilty of an offense and, upon conviction
thereof, shall be fined not more than $1,000. Each tree removed or
substantially damaged may be considered a separate offense and shall
be punishable as such hereunder. As an alternative to the payment
of the above-stated monetary fines, or in combination therewith, the
person who has committed the offense may be required to replace any
tree(s) unlawfully removed or substantially damaged with new trees,
of a type, size and location as determined appropriate by the approval
authority, or his/her duly authorized designee, equal to the total
DBH of all trees unlawfully removed or damaged.
B.
At the discretion of the Building Inspector, a stop-work order pursuant to Village Code § 92-12 may be issued to any property owner or person who shall violate any of the provisions of this chapter, or any rule, regulation or specification promulgated thereunder, while there is an open or active building permit on file with the Building Department.
