[HISTORY: Adopted by the Board of Trustees
of the Village of Southampton 11-10-2022 by L.L. No. 14-2022[1]. Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 107,
Trees, adopted May 2, 1961, as amended.
The Board of Trustees of the Incorporated Village of Southampton
hereby finds that there is a direct relationship between the preservation
and planting of trees, shrubs and associated vegetation in sufficient
number in the Village and the health, safety and welfare of Village
residents. Trees, shrubs and associated vegetation are related to
the natural scenic and aesthetic value and the physical and visual
qualities of the environment which the Village is obligated to protect.
Trees, shrubs and associated vegetation reduce noise, provide welcome
shade, preserve the balance of oxygen in the air by removing carbon
dioxide and fostering air quality, and help retain and/or create a
bucolic and rural atmosphere in the Village. Trees, shrubs and associated
vegetation also offer a natural barrier to noise, provide a natural
habitat for the wildlife in the Village, stabilize the soil and control
water pollution by preventing soil erosion and flooding, and yield
advantageous climate effects.
For the purpose of this chapter, the following terms, phrases,
words and any derivations shall have the meaning given herein:
Any tree that is defined as rare, endangered or protected
according to Village, county, state or federal law, rule or regulation;
one which has significant old age; one which is associated with historical
event or person; one which is a tree species of record size; one which
is considered irreplaceable and has unique value; or one which has
been determined by the Village of Southampton Tree Commission to have
scenic enhancement qualities.
Shall includes all public parks having individual names.
Any person, firm, partnership, corporation, public utility,
company, association or organization of any kind.
The outer edge of a street or highway right-of-way (ROW).
The person owning such property as shown on Village Tax Maps.
Shall includes all grounds owned by the Village.
Shall includes all ornamental and shade trees now or hereafter
growing on any right-of-way of a public street or on any public places
where otherwise indicated.
The entire width of every public way or right-of-way when
any part thereof is open to the use of the public, as a matter of
right, for purposes of vehicular and pedestrian traffic.
That part of a street or highway not covered by sidewalk
or other paving, lying between the property line and the edge of the
street. (Note: ROW = right-of-way.)
The Village of Southampton, New York.
The Superintendent of the Department of Public Works or his/her
designee.
The collection of shrubs, trees, vegetation and associated
natural features that make up the Village tree canopy and its growing
zone.
A written document that guides the work of the Tree Commission.
There shall be created a commission to be known and designated
as the "Tree Commission."
A.Â
The Tree Commission shall be composed of three members, with experience
or knowledge of trees or gardening.
(1)Â
One voting member shall be the Village Arborist.
(2)Â
Two voting members shall be appointed by the Mayor with approval
of the Village Trustees.
(3)Â
The two members initially appointed by the Mayor shall be appointed
as follows: one for two years, and one for one year, and serve until
their successors are duly appointed and approved by the Trustees.
(4)Â
Successors to those members appointed by the Mayor shall, thereafter
be appointed for terms of four years. Vacancies caused by resignation,
death or otherwise, shall be filled for the unexpired term in the
same manner as original appointments are made.
B.Â
All members of the Commission shall serve without pay.
The duties of the Tree Commission shall be as follows:
A.Â
To assist the properly constituted officials of the Village as well
as citizen and community groups, in the dissemination of news and
information regarding the selection, planting and maintenance of trees
within the corporate limits, whether they be on private or public
property.
B.Â
The responsibilities of the Commission may include, but not be limited
to, assist in the development of the Village Trees Management Plan,
draft requests for proposals to implement Village trees improvement
projects, establish an approved tree species list, review and prioritize
proposed projects, and offering such further advice and recommendations
as the Village Board may specify and deem necessary.
C.Â
The Tree Commission has the authority to issue recommendations to the Board of Trustees for the designation of heritage trees as defined in § 107-2.
[Amended 12-8-2022 by L.L. No. 24-2022]
D.Â
To provide regular and special meetings at which the subject of the
Village Trees Management may be discussed by the citizens of the Village:
E.Â
The Tree Commission shall provide for the adoption of rules and procedures
and for the holding of regular and special meetings as said Commission
shall deem advisable and necessary in order to perform the duties
set forth. A journal of proceedings and activities is to be recorded.
F.Â
The Tree Commission may engage in any other lawful activity in pursuit
of the mission of this Commission which may benefit the Village trees,
including such activities as:
Village Arborist shall, where possible, be a person skilled
or trained in forestry, horticulture, or other closely related field.
The Village Arborist shall have the following duties:
A.Â
The Village Arborist, in consultation with the Tree Commission, governs
the planting, maintenance and removal of trees on the streets or other
public sites in the Village.
A.Â
The Village Arborist shall report to the Tree Commission on a regular
basis and shall be in attendance at all regular and special meetings
of the Tree Commission, Tree Commission subcommittees or other community
meetings.
(1)Â
The Village Arborist, or the Tree Commission designee, shall record
all activities of the Commission or subcommittees of the Commission.
B.Â
The Village Arborist shall have the authority and jurisdiction of
regulating the planting, maintenance and removal of trees on streets
and other publicly owned properties to ensure safety or preserve the
integrity of such public sites by granting permits.
(1)Â
The Village Arborist shall have the authority to affix reasonable
conditions to the granting of a permit in accordance with the terms
of this chapter.
A.Â
The Tree Commission shall have the authority to formulate a Village
Trees Management Plan with the advice of consultants, agencies, and
approval of the Village's Board of Trustees.
B.Â
The Village Trees Management Plan shall include but not be limited
to the goals and missions of the Tree Commission, the process for
designating heritage trees, an inventory of resources, needed work,
associated cost and time schedules for work and relevant information
such as activities of the Tree Commission, standard tree maintenance
and planting specifications and permit application procedures.
Private donations to the Village to purchase trees to support
the Village Trees Management Plan may be deductible as a qualified
charitable contribution.
A.Â
The Village Arborist may order the pruning, treatment, or removal of trees on private land that cause obstructions, present insect or disease problems or are an otherwise present danger to public health or safety. Any person who shall fail to comply with a written order of the Village Arborist within the time fixed for compliance therewith, shall, upon conviction thereof, be subject to the penalties provided in Article II of Chapter 1 of the Code of the Village of Southampton.
B.Â
It shall be the duty of any person or persons owning or occupying real property bordering on any street upon which there may be trees, to prune such trees in such manner that they will not obstruct utilities (such as power lines or streetlights), the passage of pedestrians on sidewalks, vision of traffic signs or views of any street or drivable intersection (§ 95-7, Encroachment prohibited).
C.Â
It shall be the duty of any person owning or occupying real property,
bordering on any street, park or other public land, on which there
may be trees that are diseased, or insect infested, to remove, spray
or treat said trees in such a manner that they will not infect, damage
or endanger any nearby public vegetation or citizens in use of area.
No person shall intentionally damage, cut, transplant, carve
or remove any tree; attach any advertisements, nails, posters or other
apparatus to any tree; allow any gaseous liquid or solid substance
which is deemed harmful to trees to come in contact with them; or
set fire or permit any fire to burn when such fire or the heat thereof
will injure any portion of the tree.
A.Â
No person shall destroy or remove from the soil any tree growing
upon a parcel designated a public place, including but not limited
to the Village right-of-way (ROW) or commit any act which causes the
destruction or cessation of life functions of any tree growing upon
such real property without first having obtained a permit issued therefor
as prescribed by this chapter.
A.Â
Every applicant for a permit required by this chapter shall apply
to the Village Tree Commission. Such application shall include the
following information:
B.Â
In acting upon the application, the Village Tree Commission shall
consider the following:
(1)Â
The location and size of the tree or trees to be removed.
(2)Â
The condition of the trees with respect to disease and potential
for creating hazardous conditions.
(3)Â
The proximity of the trees to existing or proposed structures and
utility appurtenances.
(4)Â
The necessity of the removal for the proposed project.
(5)Â
The environmental and community character effect of the removal.
(6)Â
Any of the considerations enumerated in the legislative intent of
this chapter.
C.Â
The Village Tree Commission shall evaluate the considerations of Subsection B upon the advice and recommendations of the Village Arborist or his/her designee.
D.Â
The Village Tree Commission shall advise the applicant, in writing,
of its decision on the application within 30 days of the application's
submission and, upon the favorable determination of such application,
issue a permit therefor.
E.Â
The fee for a tree removal permit shall be as established by Village
Board resolution.
All public trees shall be protected during construction.
A.Â
Temporary wooden tree guards shall be installed immediately around
each tree impacted by demolition and/or construction and maintained
throughout the course of the entire demolition and construction process.
The contractor shall take extreme care to protect the root systems
of the existing trees. Bulk material, equipment, scaffold footings,
or vehicles shall not be stockpiled or parked within the critical
root zone of any tree.
B.Â
No person shall change natural drainage or attempt to excavate any
ditches, tunnels, trenches or lay any drive within a radius of 20
feet from any public tree without first obtaining a written permit
from the Village Arborist.
C.Â
No heritage tree shall be destroyed or removed from the soil, or
any act committed which causes the destruction or cessation of life
functions of any heritage tree located in the Village of Southampton
without permission of the Village Board of the Village of Southampton
and without a permit issued therefor as prescribed by this chapter.
A.Â
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 utility services shall be permitted to trim, prune or maintain any tree which may otherwise be lawfully altered by such person, to the minimum extent necessary to enable such person to repair existing utility services, without having first obtained a permit issued therefor pursuant to § 107-13 of this chapter.
B.Â
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 utility services shall first obtain
a permit prior to the destruction or removal from soil any tree growing
on public lands.
Any person, firm or corporation in violation of compliance with
any of the provisions of this chapter shall be guilty of a misdemeanor,
and upon conviction thereof shall be fined a sum no less than $1,000,
nor more than $2,000, or may be imprisoned for a term not exceeding
15 days, or both.
In the event any section, clause or provisions of this chapter
be declared by the courts to be invalid, the same shall not affect
the validity of the chapter as a whole, or parts thereof, other than
the part so declared to be invalid.
Should any section, subsection, sentence, clause, provision
or part of this chapter be held invalid for any reason, the remainder
of this chapter shall not be affected thereby but shall remain in
force and effect.
This local law shall take effect upon filing with the Secretary
of State pursuant to Municipal Home Rule Law.
