[Added 10-20-1987]
A.
The Town Board hereby finds that there is a direct
relationship between the planting of trees, shrubs and associated
vegetation in sufficient number in populated areas and the health,
safety and welfare of this community and as related to the natural,
scenic and aesthetic values of trees and the physical and visual qualities
of the environment which the Town of Babylon is authorized to protect.
B.
Trees and such vegetation stabilize the soil and control
water pollution by preventing soil erosion and flooding, yield advantageous
microclimatic effects, provide a natural habitat for wildlife, abate
noise, preserve the balance of oxygen in the air by removing carbon
dioxide and fostering air quality, provide welcome share to people
and add color and verdure to human construction.
C.
The destructive and indiscriminate removal of trees
and related vegetation causes increased governmental costs for proper
drainage control, impairs the benefits of occupancy of existing residential
properties and impairs the stability and value of both improved and
unimproved real property in the area of destruction and adversely
affects the health, safety and general welfare of the inhabitants
of the Town. It is therefore the intent of the Town to enact regulations,
special conditions and restrictions regarding the removal or destruction
of trees or the substantial alteration of grade level around trees
to provide for the protection and conservation of trees and related
vegetation in support of the health, safety and general welfare of
Town residents.
As used in this chapter, the following terms
shall have the meanings indicated:
The owner of real property or their duly authorized employee,
agent or any person or persons acting on their behalf requesting a
land clearing permit for the removal of trees, shrubs and associated
and related vegetation from private or public property, pursuant to
the provisions of this chapter.
The Commissioner of the Department of Planning and Development
of the Town of Babylon.
The Department of Planning and Development of the Town of
Babylon.
Any individual or individuals, corporation, firm, partnership,
association, trust, estate, public utility, public authority or any
unit of government or agency or subdivision thereof.
Any real estate or part thereof, yard or driveway, other
than that used as a public place, road, street or highway, situated
in the Town of Babylon not public property as hereinafter defined
and not otherwise exempted by state or federal law.
All streets, sidewalks and easements that the Town may have
over, under or upon any private property located in the Town or other
areas dedicated or commonly used by the public, as well as all lands
in which title is vested in the Town of Babylon, other political subdivision
or agency or public authority thereof located within the Town of Babylon.
Any woody plant having a diameter of one inch or more at
its thickest point, its root system and the environment within the
area defined by the outermost limits of its branches, whether living
or unliving, standing or downed.
Including, but not limited to, trees, shrubs, bushes, grasses,
flowers and other similar plant life.
[Amended 4-9-1996 by L.L. No. 7-1996]
Any person wishing or intending to clear any
private or public property of any trees or associated vegetation shall
first obtain a land clearing permit from the Town of Babylon, Department
of Planning and Development, Building Division, and pay such fee as
shall be established from time to time by Town Board resolution.
A.
This chapter shall be administered by the Department,
which shall have the authority to promulgate rules and regulations
for the effective administration and management of this chapter, consistent
with the legislative intent of this chapter.
B.
The Commissioner, after consultation with the Department
of Environmental Control, the Chief Building Inspector and any appropriate
federal, state or county agencies, may approve, approve with conditions
or deny a land clearing permit.
C.
Each permit shall be valid for a period of 90 days
from the date of issuance.
A.
Every applicant for a land clearing permit required
by this chapter shall submit a complete and notarized application
to the Department of Planning and Development, Building Division,
on forms to be prescribed by the Commissioner, which shall include,
but not be limited to, the following items:
(1)
The name and address of the applicant and owner, if
not the same.
(2)
A statement of consent of the owner of the property
that he is aware of the application and agrees to its being made.
(3)
The physical address and Suffolk County Tax Map Number
of the subject property from which any trees or associated vegetation
are to be removed.
(4)
A description of the existing physical and vegetative
site conditions on the subject property, including the number and
types of trees, types of vegetation, ground cover and any other related
information required by the Commissioner.
(5)
A detailed explanation of the reasons why the applicant
is proposing to clear the subject premises of trees and associated
vegetation.
(6)
The zoning classification of the subject property.
(7)
The proposed use of the subject property subsequent
to the clearing of the property.
(8)
A proposed site development schedule.
(9)
A true and complete copy of the last deed of record
as recorded by the Suffolk County Clerk's office for the subject property.
B.
The Department shall, in administering this chapter,
impose such conditions and safeguards as it may deem appropriate,
necessary or desirable to preserve the protect the spirit and objectives
of this chapter and shall give consideration, among other things,
to:
(1)
The number, size and location of the tree or trees
and associated vegetation to be removed.
(2)
The condition of the tree or trees with respect to
disease and the potential for creating hazardous conditions.
(3)
The proximity of the trees to existing or proposed
structures and utility appurtenances.
(4)
The use or necessity of trees as a buffer between
the subject property and adjoining properties.
(5)
The necessity of the removal of a tree or trees.
(6)
The environmental effects of the land clearing.
(7)
Any of the considerations enumerated in the legislative
intent of this chapter.
A.
Every applicant for a land clearing permit shall be
required to post with the Town, as a condition precedent to receiving
a land clearing permit, a performance bond approved by the Town Board
in the amount of $2,500 for the completion of such land clearing work.
B.
Said bond shall remain in full force and effect for
a period of three years, commencing on the date of the issuance of
the land clearing permit. The insurance company carrying the bond
shall give a thirty-day notice to the Town of Babylon of any cancellation
of the bond.
[Amended 10-7-2003 by L.L. No. 26-2003; 4-27-2022 by L.L. No. 10-2022]
A.
Any person who shall violate any of the provisions
of this chapter or any person who shall clear land in violation of
a condition imposed by the Commissioner on a validly issued land clearing
permit shall be guilty of an offense.
B.
Any person convicted of an offense based on violating
the provisions of this chapter must have a fine imposed in an amount
fixed by the court of not less than $250 nor more than $1,500 or a
term of imprisonment not to exceed 15 days, or both, for each violation
thereof.
C.
Each day's continued violation shall constitute a
separate offense.
D.
Civil penalties, where imposed in a specific ordinance pursuant to the laws of the State of New York, shall be in addition to any fine and/or imprisonment provided for in Subsections A, B and C of this section. In addition, any person found by the Bureau of Administrative Adjudication to have violated this article shall likewise be subject to a monetary penalty of not less than $250 nor more than $1,500.
E.
In addition to the fine and/or imprisonment and civil penalties as provided for in Subsections A, B, C and D of this section, the Town Board may also take any of the following actions:
(1)
Maintain an action or proceeding in the name of the
Town in a court of competent jurisdiction to compel compliance with
or to restrain by injunction the violation of any section of this
chapter.
(2)
If conditions existing on the property violate the
provisions of this chapter or violate any condition imposed on a land
clearing permit, the Commissioner shall serve or cause to be served
a written notice, either personally or by certified mail, return receipt
requested, upon the owner, applicant, lessee or occupant of said property.
Said notice shall contain substantially the following: the name of
the owner, applicant, lessee or occupant of the property; the address
or location of the property; the identification of the property as
the same appears on the current assessment roll of the Town; a statement
of the condition of the property as found on the inspection; a demand
that the property be replanted or otherwise restored to the condition
in which it existed prior to the clearing of the land on or before
30 days after the service or mailing of such notice; a statement that
a failure or refusal to comply with the provisions of this chapter
and the notice given pursuant thereto within the time specified will
result in a duly authorized officer, agent or employee of the Town
entering upon the property and replanting or restoring the property
to the condition in which it existed prior to the clearing of the
land; and that the cost and expense of such removal shall be certified
to the Assessor of the Town and shall be assessed against the described
property and shall constitute a lien thereon to be collected as provided
by law.
F.
Nothing contained herein shall require notice as a
prerequisite to the commencement of criminal or civil proceedings
for a violation of any of the provisions of this chapter.
