[HISTORY: Adopted by the Board of Trustees
of the Village of Head-of-the-Harbor 1-17-2024 by L.L. No. 1-2024.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 149,
Trees, adopted 8-19-2020 by L.L. No. 5-2020, as amended.
A.
The Board of Trustees of the Incorporated Village of Head of the
Harbor hereby finds that there is a direct relationship between the
planting and management of trees and the preservation of natural vegetation
in populated areas of the Village and the health, safety and welfare
of Village residents, and that trees and natural vegetation are related
to the natural, scenic and aesthetic values and the physical and visual
qualities of the environment which the Village is obligated to protect.
Trees and natural vegetation provide privacy to Village residents,
reduce noise, provide shade that contributes to energy conservation,
preserve the balance of oxygen in the air by removing carbon dioxide
and fostering air quality, and create a bucolic and rural atmosphere
in the Village, especially along the roads. Trees and natural vegetation
also stabilize the soil and control water pollution by preventing
soil erosion and flooding, yield advantageous climatic effects and
provide a natural habitat for wildlife.
B.
The indiscriminate removal of trees and clearing of natural vegetation
causes soil erosion and alters the current pattern of stormwater runoff
and creates flooding on roadways and other real property in the Village
which results in increased Village costs for proper drainage control.
Said removal and clearing is detrimental to existing residential properties,
impairs the stability and value of real property in the area of said
removal or clearing and adversely affects the health, safety and general
welfare of the residents of the Incorporated Village of Head of the
Harbor.
For purposes of this chapter, the following terms, phrases and
words shall have the following meanings:
The owner, contract vendee or lessee of real property or
his duly authorized agent.
The substantial cutting, clearing and/or removal of more
than 750 square feet of contiguous natural vegetation occurring on
a property.
The natural growing characteristics of any tree or specimen
tree, which includes branch spread and distribution, branch height
above ground and root spread and distribution.
A woody perennial plant having a single, usually elongated
main stem, generally with few or no branches on its lower part, and
having a sufficient size depending on the following three categories
of trees: canopy, understory or evergreen.
Canopy trees (e.g., Acer rubrum, Fagus grandifolia, Tilia, Liriodendron,
Quercus) having a trunk circumference of 20 inches or greater, measured
at a point four feet six inches above ground level, except in the
case where a tree has been removed without benefit of a permit, in
which case the trunk circumference shall be measured at the highest
point remaining at or above ground level.
Understory trees (e.g., Cornus florida, Cercis, Carpinus, Nyssa)
having a trunk circumference of 10 inches or greater, measured at
a point four feet six inches above ground level, except in the case
where a tree has been removed without benefit of a permit, in which
case the trunk circumference shall be measured at the highest point
remaining at or above ground level.
Evergreen trees (e.g., Juniperus virginiana, Ilex opaca, Pinus
strobus) having a height of 10 feet or greater.
Plant species found on a property exclusive of any vegetation
associated with active agricultural or horticultural activity, home
gardens, or formalized landscape or turf areas.
Any resident of Head of the Harbor or any individual firm,
partnership, association, corporation, company, public agency, public
utility or organization of any kind or agent thereof.
All unimproved and improved real property within the Incorporated
Village of Head of the Harbor.
Any cutting or drastic pruning or elevating the habitat of
a mature tree which impairs, destroys or endangers the life of such
tree or specimen tree or its natural symmetry, and shall include but
not be limited to heavy or unnecessary cutting of top branches and
cutting of major lower limbs.
A.
It shall be unlawful for any person to perform or cause to be performed
the removal or substantial alteration of any mature tree located on
any real property within the Village without a permit from the Building
Inspector.
B.
It shall be unlawful for any person to perform or cause to be performed
the clearing of natural vegetation on any real property located within
the Village without a permit from the Building Inspector.
C.
The foregoing provisions of this section shall not apply to:
(1)
Horticultural pruning done pursuant to customarily accepted ornamental
or therapeutic practice which does not substantially alter the habitat
of the tree.
(2)
Any emergency situation in which the removal or substantial alteration
of any tree is necessary to prevent imminent danger to human life
or property.
(3)
The removal of a dead or diseased tree, provided the presence of
the dead or diseased tree to be removed is first verified by the Building
Inspector.
(4)
The removal of any invasive species identified in the list of invasive
species maintained or adopted by the Village, provided the presence
of the invasive species to be removed is first verified by the Building
Inspector.
(5)
The removal of any mature tree or clearing of vegetation that is not located within any required setback or buffer area, or within the areas protected by § 149-5 of this Code, and that is located within a front, side or rear yard and within the following distances of the footprint of a principal structure:
(a)
On a parcel containing 20,000 square feet or less: 25 feet.
(b)
On a parcel containing at least 20,000 square feet but less
than one acre: 35 feet.
(c)
On a parcel containing at least one acre but less than two acres:
50 feet.
(d)
On a parcel containing at least two acres but less than five
acres: 75 feet.
(e)
On a parcel containing at least five acres: 150 feet.
(6)
The removal or substantial alteration of any mature tree or clearing
of natural vegetation required for the maintenance of any road, utility
right-of-way or easement.
(7)
The removal or substantial alteration of any mature tree or clearing
of natural vegetation pursuant to a removal plan approved by the Planning
Board in connection with an approved site plan.
The fee for any permit required under this chapter shall be
established, and amended from time to time, by resolution of the Board
of Trustees.
A.
Other than for mature trees and natural vegetation that qualify for one or more of the exceptions set forth in § 149-3C, the Building Department shall not issue a permit for the removal of a mature tree or clearing of natural vegetation within the following areas:
(1)
Within 25 feet of the border, lot line, or boundary of the property
with an adjoining property.
(2)
Within 25 feet of any roadside frontage of the property, except for
construction of a driveway.
(3)
Within 100 feet of mean high water of Stony Brook Harbor.
(4)
Within 100 feet of the landward edge of any barrier bluff.
(5)
Within 100 feet of the boundary of any freshwater or saltwater wetland,
marshland, lake, seasonal drainage channel, stream, pond, or other
water body, including, but not limited to, any freshwater or tidal
wetland, as identified on and shown on the Freshwater or Tidal Wetlands
Maps, as such maps may be from time to time amended, prepared by or
for the State of New York and filed by the Department of Environmental
Conservation pursuant to Articles 24 and 25 of the Environmental Conservation
Law of the State of New York.
B.
Any person aggrieved by this section may appeal to the Zoning Board
of Appeals for relief. The Zoning Board of Appeals shall apply the
statutory factors for granting an area variance pursuant to § 7-712-b
of the Village Law, but may grant such relief only upon the added
finding that the hardship imposed upon the aggrieved person is the
result of unique topographical conditions or the irregular shape of
the subject property.
A.
Application for a permit shall be made to the Building Department.
B.
The application forms shall include, but not be limited to, the following:
(1)
The name and address of the applicant.
(2)
The purpose of the proposed removal, substantial alteration or clearing.
(3)
The site of the proposed removal, substantial alteration or clearing.
(4)
Unless waived by the Building Inspector, a sketch or plan of the
area indicating the following:
(a)
An outline of existing heavily wooded areas showing the tree
type and range of sizes.
(b)
The location and size of trees to be removed or substantially
altered and the perimeter of areas which are not to be disturbed.
(c)
The location of any existing or planned improvements on the
real property.
(d)
Any additional information that the Building Department may
reasonably deem necessary for evaluation of the application.
C.
The decision of the Building Department shall be based upon the following
criteria:
(1)
The condition of the tree with respect to public safety, disease
and danger of falling, proximity to existing or proposed structures
and interference with utility services or intended use of the land.
(2)
The necessity for the removal, substantial alteration or clearing
in question.
(3)
In cases where removal or substantial alteration is requested due
to the poor health or condition of a tree, the information contained
within any arborist report submitted in connection with the application.
(4)
The effect of the removal, substantial alteration or clearing on
the ecosystem and possible presence of protected habitat.
(5)
The effect of the proposed removal, substantial alteration or clearing
on the established character of the site.
(6)
The impact of proposed removal, substantial alteration or clearing
upon existing screening of any contiguous properties or any roads
bordering the property.
D.
The Building Inspector's action on a request for a permit pursuant
to this Chapter shall be deferred pending site plan approval from
the Planning Board when:
(1)
The tree removal or clearing of natural vegetation is proposed in
connection with a project for which site plan approval is required
pursuant to this Code;
(2)
The permit requests permission to remove twelve (12) or more mature
trees or any tree with a circumference of 113 inches (thirty-six-inch
diameter) or greater, measured at a point four feet six inches above
ground level;
(3)
The permit requests permission to clear 2,000 square feet or more
of contiguous natural vegetation; or
(4)
The Building Inspector determines, in their discretion, that the
extent of the requested tree removal or clearing and site conditions
are such that natural drainage, erosion, or slope stability on or
around the subject property will be negatively and substantially impacted.
As a condition to the issuance of a permit for the removal,
substantial alteration or clearing of natural vegetation, the Building
Department may require the planting of the same or an agreed-upon
alternative species of trees which are as nearly comparable in type
and size as practical to the trees and vegetation to be removed when
warranted by the individual character of the trees or vegetation or
the ecological setting.
Any person who shall violate any of the provisions of this chapter
shall be deemed guilty of a violation and, upon conviction thereof,
shall be subject to a fine of not less than $500 and not more than
$2,000 for each mature tree unlawfully removed or substantially altered
without a permit and a fine of not more than $1,000 for any other
violation under this chapter. Each such violation shall constitute
a separate offense and shall be punishable as such hereunder. When
pursuing a fine for a violation of this chapter, the Village may take
into consideration whether replacement trees or vegetation have been
planted.
The Building Inspector and any member of the Village Police
Department are hereby vested with authority to enforce the provisions
of this chapter, and any enforcement shall include a rebuttable presumption
that the person(s) responsible for any violation under this chapter
includes but is not limited to the record owner(s) and/or actual occupant(s)
of the property as well as any person actually engaged in the unauthorized
removal of trees or clearing of natural vegetation.
Nothing herein shall abridge or alter any rights or remedies
now or hereinafter existing, nor shall this chapter nor any provisions
thereof nor any rule or regulation promulgated thereunder be construed
as stopping the Village of Head of the Harbor from exercising its
rights and fulfilling its obligations to protect the public health
and welfare. In addition to all other remedies available to the Village,
this chapter shall be enforceable by injunction in an action brought
in a court of competent jurisdiction.
The Board of Trustees of the Village of Head of the Harbor hereby
establishes the Tree Committee of the Village of Head of the Harbor
to assist the Village in implementing a responsible program for planting,
maintenance, husbandry and removal of trees on properties in the Village
to maximize the benefits afforded by trees within the Village.
A.
Purpose. The Tree Committee shall serve as an advisory committee
to the Village of Head of the Harbor's Board of Trustees and
Building Department.
B.
Membership. The Tree Committee shall be comprised of no more than
seven members who shall be residents of the Village of Head of the
Harbor and who shall be appointed annually by, and serve at the pleasure
of, the Board of Trustees.
C.
Compensation. Members of the Tree Committee shall serve in a voluntary
capacity without compensation.
D.
Chairperson and Secretary. The Board of Trustees shall designate
a Chairperson of the Tree Committee and the Committee shall select
a Secretary from among the members.
E.
Rules and procedures. The Tree Committee shall adopt rules and procedures
for its meetings.
F.
Meetings. The Tree Committee will meet at such times as it deems
appropriate to accomplish its purposes.
The Tree Committee shall have the following duties and responsibilities:
A.
Develop and/or update annually a written plan, presented to the Board
of Trustees, for the care, preservation, pruning, planting, replanting,
removal or disposition of trees.
B.
Make recommendations to the Board of Trustees regarding:
(1)
The preservation and replenishing of trees and woods so as to minimize
undesirable environmental impacts and further beautify the Village
in furtherance of the health, safety and welfare of present and future
Village residents;
(2)
Proposed tree planting projects to be performed by the Village throughout
its various rights-of-way and Village-owned properties;
(3)
Action to be undertaken by the Village to maintain its Tree City
USA certification.
C.
Provide education and public awareness about tree preservation, tree
risk assessment, appropriate tree choices for given site conditions
and other aspects of tree stewardship.
D.
Assist the Board of Trustees in applying for grants related to tree
inventory management, community educational outreach, and other related
activities.
E.
Coordinate Arbor Day activities and other public forestry programs
benefiting the community.
F.
Upon request by the Board of Trustees, provide advice and recommendations
on tree-related matters.
G.
Develop, maintain and file with the Village a list of species of
trees suitable for planting in the Village of Head of the Harbor.
H.
Upon request by the Building Inspector, provide advice and recommendations
with regard to applications for permits to remove or substantially
alter any mature tree or clear brush or woody vegetation from real
property, and the quantity, size, species and location of any replacement
trees and vegetation that may be required as mitigation.
