[HISTORY: Adopted by the Board of Trustees
of the Village of Port Jefferson 9-12-2005 by L.L. No. 6-2005.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Conservation Advisory Council — See Ch. 15.
Environmental quality review — See Ch. 129.
Flood damage prevention — See Ch. 145.
Sandpits and quarries — See Ch. 207.
Subdivision of land — See Ch. 220.
Zoning — See Ch. 250.
[1]
Editor's Note: This local law repealed former
Ch. 241, Trees, Grading and Land Clearing, adopted 2-24-1997 by L.L.
No. 1-1997.
A.
The destruction and damage of trees and other natural
vegetation; the indiscriminate and excessive cutting of trees, including
historic trees; the removal, stripping and storing of topsoil; and
the improper, indiscriminate or excessive clearing of land and the
alteration of land grades all cause barren and unsightly conditions,
destroy barriers to soil erosion, create increased surface drainage
problems, increase municipal costs to control drainage and remove
debris carried by runoff, impair the benefit of occupancy of existing
residential property, impair the stability and value of improved and
unimproved real property, damage public highways and adversely affect
the health, safety and general welfare of the inhabitants of the Village
of Port Jefferson. This chapter seeks to correct these conditions.
In addition, it is the Board of Trustees' intent and desire to enhance
the aesthetic qualities of lands within the Village attributable to
existing natural vegetation and to preserve the historic and rural
character of the Village to the maximum extent practicable.
B.
Caveat. It is not the purpose of this chapter to impose
undue restrictions on owners and/or residents of Village property,
nor to subject them to burdensome procedures and expense, in those
instances where such owner and/or resident contemplates normal maintenance
activities; the removal of significantly damaged, diseased or dead
trees and/or vegetation; alterations to the grade of any parcel of
land not exceeding two feet, as determined by an appropriate topographical
survey (one inch equals 20 feet and two-foot contours) or where the
total area of the parcel in question containing the contemplated work
does not exceed 100 square feet; minor removal of trees, shrubs, undergrowth
and/or natural vegetation; or natural tree pruning, all of which activities
are defined below.
A.
No person, firm or corporation or entity shall cut
down, destroy or remove natural vegetation and/or trees or habitat
or in any way clear or grade any parcel of land without first having
obtained the written approval of the Planning Board. Normal maintenance
activities, including the pruning and thinning of natural vegetation
and trees, and/or the removal of significantly damaged, diseased or
dead trees and/or other vegetation are excluded from the within requirements
with respect to developed lots or parcels.
B.
No person, firm, corporation or entity shall alter
the grade of any parcel of land without first having obtained a written
permit for such work from the Building Inspector. The Building Inspector
may issue such a permit, without prior approval of the Planning Board,
for all work areas within which the proposed grade changes are to
be less than four feet as determined by an appropriate topographical
survey (one inch equal to 20 feet and two-foot contours) and where
the total work area is greater than 100 square feet but less than
400 square feet. The Building Inspector may issue such a permit, only
upon prior approval by the Planning Board, for proposed grade changes
on all other sized work areas except that proposed grade changes of
less than two feet or within a work area of less than 100 square feet
are exempt from any permit requirements.
[Amended 12-6-2010 by L.L. No. 13-2010]
As used in this chapter, the following terms
shall have the meanings indicated:
The aboveground parts of the tree that give the tree its
normal shape at maturity.
Land improved by any building as defined in § 250-9 of the Code of the Village of Port Jefferson, New York.
The tree trunk diameter measured in inches at a height 4.5
feet above the ground. If a tree forks into multiple trunks below
4.5 feet, the trunk is measured at its most narrow point beneath the
forks.
Trees and shrubs or branches of trees and shrubs showing
no leaf growth for a full growing season.
The vertical line extending from the outermost edge of the
tree canopy to the ground.
The removal of tree's stumps, roots and the like.
The natural growing characteristics of any tree, which include
branch spread and distribution, branch height above the ground and
root spread and distribution.
Any exceptional specimen tree that is of unique and intrinsic
value to the general public because of its size, age, historic association
or ecological value.
The indiscriminate removal of trees, shrubs and/or undergrowth
by stripping or any other process, with the intention of preparing
real property for nonagricultural development purposes. This definition
shall not include the selective removal of nonnative tree and shrub
species when the soil is left relatively undisturbed, the removal
of dead trees, or normal mowing operations.
With respect to trees, the removal of two trees or less from
any property, except that such trees cannot be historic. With respect
to removal other than trees, "minor removal" shall be defined as not
exceeding 10% of the lot per year, but in no event shall such clearing
exceed the limits set forth in Table 1.[1] In all cases of minor removal, the owner/resident of the
subject property is encouraged to complete a short-form notice as
to such removal and file the same with the Village of Port Jefferson
Building Department.
Existing and naturally occurring indigenous vegetation that
grows and is maintained without need of irrigation or applications
of fertilizers, pesticides, herbicides or other substances.
The cutting or removing of any part of the branching structure
of a tree in either the crown, trunk, or root areas.
A woody plant smaller than a tree, usually having multiple
permanent stems branching from near the ground.
Trees damaged by weather, natural disasters, and the like
which are determined by the Planning Board or its designee to be incapable
of restoration to a normal growth pattern or have a structural defect
that constitutes a threat of injury to persons or damage to property.
Also known as stubbing, dehorning, or lopping; refers to
the cutting back of the leader stem or limbs into stubs larger than
three inches in diameter within the tree's crown so as to remove the
normal canopy and disfigure the tree.
The upper layer of soil, comprised primarily of a mixture
of organic matter and mineral matter, which may vary in depth from
three inches to 18 inches.
Any living, self-supporting woody perennial plant which has
a trunk caliper of four inches or more measured at a point six inches
above the ground and which normally obtains a height of at least 10
feet at maturity, usually with one main stem or trunk and many branches.
The thickness of trees measured in inches. A caliper measurement
for trees shall be measured six inches above the soil line.
Any area of land that has not been divided into lots on a
filed subdivision map.
[1]
Editor's Note: Table 1 is included as an attachment to this chapter.
A.
A removal permit issued upon approval by the Planning Board shall be required for the removal of any natural vegetation, including but not limited to any historic tree or any other trees, or in any way clearing or grading any parcel. A permit issued upon approval of the Planning Board shall be required for the alteration of the grade on any lot wherein the proposed grade changes are to be in excess of two feet, as determined by an appropriate topographical survey (a scale of one inch equals 20 feet and two-foot contours) and where the total area of the lot containing the proposed work is in excess of 100 square feet. Normal maintenance activities, including the pruning and thinning of natural vegetation and trees; removal of significantly damaged, diseased or dead trees and/or other vegetation; and minor removal of trees, are excluded from the requirements for the removal permit. The upper limit of material that is to be removed, deposited or rearranged is to be as first approved by the Planning Board. The fees associated with this approval process are set forth in the Table of Fees at the end of Chapter 250.
B.
Any removal permit, grade alteration permit, subdivision
approval and/or building permit required by this chapter or any other
provision of this Code shall be subject to the clearing standards
set forth in Table 1 annexed hereto.[1] The percentages shown in Table 1 shall apply to each lot
that is the subject of such permit and/or approval procedure. In the
case of a parcel consisting of less than 10,000 square feet, Table
1 shall not apply, but such parcel shall be subject to reasonable
clearing standards established by the issuer of any such permit and/or
approval.
[1]
Editor's Note: Table 1 is included as an attachment to this chapter.
C.
Administration. Except for minor removal and emergency situations, this chapter shall be administered by the Planning Board, which shall have the authority to promulgate rules and regulations for the effective administration of this chapter consistent with the legislative intent of this chapter. The Planning Board shall have the authority to delegate the administration of this chapter to the Planning Department. In the event of emergency situations, defined as meaning an immediate threat to life and/or property, the Village Planner is authorized to issue a removal permit as referenced in § 241-4A above. In such event, the Village Planner shall provide written notice to the Planning Board of the issuance of any such emergency removal permit.
[Amended 8-3-2009 by L.L. No. 7-2009; 11-4-2019 by L.L. No. 30-2019]
D.
Application; issuance of permit.
(1)
Every applicant for a permit required by this chapter
shall submit an application to the Planning Board on such form as
may be prescribed by the Planning Board. Said application shall include
the following information:
(a)
The name and address of the applicant and owner
of the subject property, if not the same.
(b)
The purpose of the proposed tree or vegetation
removal or grading activity.
(c)
The site of the proposed activity on the subject
property.
(d)
A site disturbance plan clearly indicating the
following:
[1]
An outline of existing wooded areas, naturally
vegetated areas, and landscaped areas on the subject property.
[2]
The location of all improvements, if any, on
the subject property.
[3]
A topographical survey (a scale of one inch
equals 20 feet scale) where grading is proposed.
[4]
Color photographs (eight inches by 10 inches
or larger) of the site clearly depicting the type of natural habitat
located on the site, including, but not limited to, woodland, marshlands,
bluff, tidal area, freshwater streams and wetlands.
[5]
A list of the predominant plant species and
natural animal habitats presently existing on the site.
[6]
The location of existing trees that which exceed
nine inches in diameter as measured three feet above the base of the
trunk.
[7]
The percentage of area to be cleared relative
to the lot size.
[8]
A map depicting safety barriers to be erected
around trees not being cleared and their habitat to prevent damage
from equipment or backfilling.
[9]
A plan for installing erosion control barriers
such as hay bales and siltation fences to control stormwater runoff,
and a map depicting planned locations for installation of erosion
control barriers.
(2)
In acting upon the application, the Planning Board
shall take into account the following criteria and considerations:
(a)
The location, type and size of the tree(s) and/or
vegetation to be removed.
(b)
The condition of the tree(s) and other vegetation
with respect to disease and potential for creating hazardous conditions.
(c)
The proximity of the tree(s) and other vegetation
to existing or proposed structures and utility appurtenances.
(d)
The need for the site clearing and removal of
vegetation or grading and tree(s) as proposed.
(e)
The environmental effect of the proposed clearing
and/or grading.
(f)
Any of the considerations enumerated in the
legislative intent of this chapter.
(3)
The Planning Board shall refer the application to
its staff or consultant or the Conservation Advisory Council for review
and advisement.
(4)
The Planning Board shall evaluate, in writing, the
considerations set forth in this section and any other criteria, as
well as the advice and recommendations of the Board's consultant or
staff or the Conservation Advisory Council.
(5)
The Planning Board shall advise the applicant, in
writing, of its decision on the application and the basis therefor,
and, upon the favorable determination of such application, shall issue
a permit therefor, with conditions, if any.
(6)
An application fee shall be submitted with each application
for a removal permit as follows:
[Amended 8-3-2009 by L.L. No. 2-2009]
|
Lot Size
(square feet)
|
Fee
| |
|---|---|---|
|
Less than or equal to 15,000
|
$50
| |
|
15,001 to 22,500
|
$100
| |
|
22,501 to 30,000
|
$150
| |
|
30,001 to 43,560
|
$200
| |
|
Greater than 43,560
|
$250
|
E.
Prior to the granting or withholding of approval, the Planning Board, or a committee of the Board including at least one Board member, shall inspect the lands covered by the application to observe the trees, shrubs and other natural vegetation thereon, the drainage and other physical conditions existing on the property and adjacent property. The Planning Board shall approve the application upon a finding that the cutting, destruction, removal, clearing or grading to be permitted would not impair the growth and development of the remaining trees, shrubs and other vegetation on the property of the applicant, would not impair existing drainage patterns, would not cause soil erosion and/or impair the stability of the land, would not significantly lessen property values in the neighborhood and would not substantially impair the aesthetic values of the area. The Planning Board shall be guided, in an overall sense, by the intent of this chapter as set forth in § 241-1. It shall have the authority to affix appropriate conditions, in order to effectuate the purpose of this chapter, to the grant of approval hereunder. Failure to comply with such conditions shall be a violation of this chapter.
F.
Within 60 days after receipt of the application, the
Planning Board shall render a written decision either granting or
denying the application and, as appropriate, shall issue the permit.
The decision and permit shall contain the basis for and conditions,
if any, of the approval or shall contain the reasons for disapproval
if the application is denied.
Prior to the commencement of any site clearing
or tree and natural vegetation alteration, a removal permit shall
be obtained from the Planning Board. During any type of clearing/grubbing
and development, the following measures will be utilized to protect
any tree on site that is not designated for removal:
A.
Soil disturbance under the canopy of the tree will
be limited to six inches removed or six inches added. Any soil added
under the canopy of the tree must be a loamy soil mix to ensure that
compaction is minimized.
B.
Designated existing trees scheduled to remain shall
be protected against:
C.
A temporary wooden snow fence or orange fencing shall
be erected at a minimum distance from trees not designated for removal
before commencement of any site clearing and grading. The fence is
to be a minimum of four feet tall, with posts set deep enough in the
ground to be stable without additional support. For protected trees
four inches in caliper or more, protective barricades shall be placed
a minimum distance of 10 feet from the base of each protected tree.
Nothing shall be placed inside of the protective barricades, including,
but not limited to, construction material, machinery, chemicals or
temporary soil deposits. When paving, excavation or hardscape must
be done within barricades; barricades shall be moved back to a secondary
location at the edge of work. Extra care must be taken at this time
by the contractor to ensure that no damage to the tree or its roots
occurs.
D.
All roots outside of the protective barricade to be
removed during development shall be severed clean, and a two-inch
layer of mulch shall be applied over the surface of exposed roots
during development.
(1)
Trenching shall be no closer than six times the diameter
at breast height (DBH) to the affected tree, nor shall it disrupt
more than 30% of the dripline root area.
E.
One corridor shall be designated for site access,
preferably where the driveway or parking area will be located. Construction
equipment access, material storage, fuel tank storage, chemical or
cement rinsing, vehicle parking and site office locations shall be
limited to nontree areas.
F.
If trees are wounded or stressed during construction,
any wounds to the bark should be cleaned to sound wood by removing
loose bark and wood, leaving a smooth edge around the wound. Do not
apply a wound dressing.
Maintenance pruning allows for the healthy,
uniform growth of a tree. Tree pruning shall promote the health and
natural growth of the tree.
A.
Surveying and soil investigation activities.
(1)
Destruction or removal of trees or other natural vegetation
incidental to surveying and soil investigation activities shall not
be undertaken for any parcel of property of any size unless such destruction
or removal is in conformity with a clearing plan approved by the Planning
Board pursuant to the provisions contained hereunder.
(2)
Prior to destruction or removal of trees or other
natural vegetation incidental to surveying and soil investigation
activities, the property owner, or designee, shall apply to the Planning
Board for permission to remove or destroy trees or other vegetation
in order to undertake said activities. No trees or natural vegetation
may be destroyed or removed except in conformity with an approved
clearing plan.
(3)
The application shall be accompanied by a topographical
map of the site; in addition, the Board may require an aerial photograph.
In the event that the applicant is applying for approval to construct
test holes for soil analyses and groundwater monitoring, the applicant
shall provide a map from the Suffolk County Department of Health Services
indicating its approved test hole and well sites. The applicant shall
indicate on the topographical map and on the aerial photograph the
boundaries of the site and the extent of clearing needed for the surveying
and soil investigation activities.
(4)
The fee for said application shall be $50 per each
existing or proposed residential lot and $150 per nonresidential lot.
(5)
The application shall be on such form and contain
such information as may be required by the Planning Board, and in
approving said application, the Planning Board may limit the amount
of tree and vegetation destruction or removal contemplated by the
applicant.
B.
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 alter 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
the provisions of this chapter.
C.
In the event that building permits have not been issued
for any previously approved subdivision map(s) or site plan, this
chapter shall apply, and no building permit shall be issued until
all applicable provisions of this chapter have been complied with.
D.
Subdivision/site plan applications.
(1)
Any person required by the Code of the Village of
Port Jefferson to submit an application to the Planning Board for
approval of a proposed subdivision or site plan shall submit with
such application the information required for a permit pursuant to
the provisions of this chapter. No subdivision or site plan shall
be approved by the Planning Board without due consideration of such
information.
(2)
No tree or natural vegetation removal or clearing
shall be permitted in connection with such subdivision map or site
plan approval until building permits have been issued for the proposed
project, except that clearing may commence prior to issuance of building
permits restricted to those areas shown on an approved subdivision
map for development as roads and/or drainage facilities.
E.
Any person who has filed an application for approval
of a subdivision or site plan prior to the effective date of this
chapter and has not received approval of the same prior to the effective
date of this chapter shall submit to the Planning Board such information
relative to the preservation of trees and natural vegetation and clearing
limits as the Planning Board may request.
F.
The New York State Department of Environmental Conservation
shall be permitted to trim, prune or remove trees pursuant to the
New York Environmental Conservation Law without the necessity of obtaining
a permit pursuant to this chapter.
G.
Normal maintenance activities, including the pruning
and thinning of natural vegetation, landscaped vegetation and trees
and/or the removal of significantly damaged, diseased or dead trees
and/or other vegetation, are excluded from the within requirements
with respect to developed lots or parcels.
It shall be unlawful for any person who is being paid a fee for the business of planting, cutting, trimming, pruning, removing, or otherwise modifying trees within the Village of Port Jefferson to conduct such business without first signing an affidavit stating that he/she has received and read Chapter 241, Trees, Grading and Land Clearing, of the Code of the Village of Port Jefferson, New York, and the 1935 ANSI A300 standards. Such affidavit shall be completed and submitted when making application to the Village of Port Jefferson for a removal permit, together with a bond, or cash alternative, in an amount determined by the issuer of any such removal permit, which bond or cash alternative must be in a form satisfactory to the Village Attorney.
The Building Inspector of the Village of Port
Jefferson shall enforce this chapter.
A.
Compliance with the provisions of this chapter shall
be the joint and several obligation of:
(1)
The owner of the property on which the trees and other
natural vegetation are located;
(2)
The tenant and/or occupant of such property;
(3)
Any person, corporation, entity or agent of the owner
or occupant of the property hired for the purpose of cutting down,
removing, pruning, etc., any trees, natural vegetation and/or habitat
within the Incorporated Village of Port Jefferson.
B.
This chapter shall not apply to any agency of the
Village of Port Jefferson or to any person, firm or corporation working
under the direction of the Village of Port Jefferson.
A.
Each violation of this chapter shall be punishable by a penalty or fine of not less than $500 but not exceeding $1,000 or imprisonment for not more than 15 days, or both. Each "tree," as defined in § 241-3, Definitions, shall constitute a separate violation. In addition, any person, firm, corporation or entity violating this chapter may be required by the Planning Board to replace each and every tree and/or natural vegetation cut, destroyed or removed with a tree and/or natural vegetation of comparable species and/or replace the original grading of the parcel of land upon which such violation occurred. A separate and distinct offense shall be deemed committed on each day during which or on which a violation occurs or continues.
[Amended 8-3-2009 by L.L. No. 7-2009]
B.
In addition to any penalties that may be imposed pursuant to Subsection A above, any person who violates any provision of this chapter or any conditions imposed upon issuance of a permit issued pursuant to this chapter may be ordered to cease and desist the unlawful destruction or removal of trees and/or restore the premises damaged by the unlawful destruction or removal of trees with such species of trees as are nearly comparable and to such suitable condition as the Board of Trustees may require. In the event that such person refuses or fails to restore the real property to a condition ordered by the Board of Trustees, the Board may proceed in a court of competent jurisdiction for an order directing such person to restore such property.
C.
The Village of Port Jefferson Building Inspector shall
withhold any certificate of occupancy (CO) while said violations remain
unresolved.
