[HISTORY: Adopted by the Town Board of the
Town of Huntington 8-5-2008 by L.L. No. 22-2008.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed
former Ch. 186, Tree Preservation, adopted 9-10-2002 by L.L. No. 35-2002.
A.
The Town Board hereby finds that the indiscriminate
and excessive cutting of trees and shrubs, or specimen trees, results
in increased municipal costs for the control of drainage and erosion
and impairs the natural scenic and aesthetic qualities of the environment,
which the Town is obligated to protect. The maintenance of large and
mature trees is one of the most significant factors in maintaining
the character of the Town and protection of the large and mature trees
is crucial to the health, safety and comfort and general welfare of
the Town, its residents and property owners. It has been well established
that trees provide a natural habitat for the wildlife of our area,
absorb air pollution, provide oxygen, reduce energy costs, increase
property values, deter soil erosion and flooding and offer a natural
barrier to noise, and as the removal of trees deprives us of these
benefits and disrupts the ecological balance in nature, it is therefore
the purpose of this chapter to regulate the indiscriminate destruction,
substantial alteration or removal of trees in unincorporated portions
of the Town of Huntington.
B.
Specifications and standards of practice. The Town
of Huntington hereby adopts the Arboricultural Specifications and
Standards of Practice of the International Society of Arboriculture
as published under American National Standard for Tree Operations
(ANSI A300-1995) or the most recent edition.
For the purposes of this chapter, the following
terms, phrases and words shall have the meanings stated:
The Department of Planning and Environment of the Town of
Huntington.
Includes, but is not limited to, such practices as girdling,
ringing the tree, excessive peeling of bark, excessive harmful pruning,
improper use of machinery on the tree, compacting or overburdening
the roots, trenching near the roots, application of herbicides, defoliants
or poisons, altering the natural grade to expose the roots or cover
the trunk, paving with concrete, asphalt or other impervious surfaces
within such proximity as to be harmful to the tree by impeding the
free passage of water, air or nutrients to the roots, attaching or
maintaining any rope, wire, nails, advertising posters or other contrivance,
allowing any gaseous, liquid or solid substance which is harmful to
such trees to come in contact with them or set fire or permit any
fire to burn when such fire or the heat therefrom will injure any
portion of any tree, or any other practice or action which may reasonably
be expected to cause disease or decline of a tree, either immediately
or within the course of time, or result in the unnatural death of
a tree, but shall not include regular maintenance such as pruning
of a tree or elimination of dead or dangerous trees or limbs, if done
within the accepted standards of arboriculture (ANSI).
That area extending from the trunk of the tree to the outer
limit of tree canopy.
The natural growing characteristics of any tree, which includes
branch spread and distribution, branch height above the ground and
root spread and distribution.
The selective removal of living or dead parts of a tree.
Pruning can include, but is not limited to, maintaining shape, reducing
size, improving health, regulating growth and reducing risk.
Any cutting or pruning in excess of the normal and customary
cutting and pruning necessary to preserve the health of the tree or
maintain its ornamental characteristics, as determined by the Town.
Any living, woody, perennial plant having a primary axis
(trunk) emerging from the ground.
A tree that is dead or has been damaged beyond repair, or
is in an advanced state of decline, as determined by an official of
the Town or an arborist certified by the International Society of
Arboriculture (ISA). This determination may require documentation
via either resistograph readings or photographs.
A tree that has a condition, disease or defect that poses
an imminent danger to life or property as determined by the Town,
an ISA Certified Arborist, or emergency service worker such as a police
officer or fireman.
Any tree that is defined as rare or endangered according
to the Town of Huntington, or any other local, state, federal agency
having jurisdiction; or any large or outstanding specimen of small
species; or tree included in New York State's "Big Tree List"; or
any tree or shrub that has been previously designated by the Town
of Huntington or other agency as historic landmark; or any tree that
has been designated a New York State Champion or United States Champion
by the American Forestry Association.
Any tree that is one hundred and thirteen (113) inches in
circumference, or greater, measured at a height of four and one half
(4 1/2) feet from the ground.
Any tree which is thirty-two (32) inches or greater in circumference
measured at a height of four and one-half (4 1/2) feet above
grade that has not grown to the size of a Large Tree.
Any tree that is less than thirty-two (32) inches in circumference
measured at a height of four and one-half (4 1/2) feet above
grade.
A group of trees of any size forming a common canopy and
including any under-story vegetation.
A.
Written consent of property owner required. It shall
be unlawful for any person or business entity to cut, damage, carve,
dig, remove or substantially alter any tree, whether living or not
living, standing or downed, on public or private property, without
the prior written consent of the property owner. Any person or business
entity having the prior written consent of the property owner shall
display the consent, upon demand, to any police officer or town officer
empowered to enforce local laws and ordinances of the Town of Huntington.
The failure to produce the written consent upon request shall be a
violation of this Chapter.
B.
Public property.
(1)
No person or business entity shall plant, spray, fertilize,
treat, prune, disturb the root system or cause or permit the destruction,
or damage, or removal, or substantial alteration of any tree of any
size on town-owned or maintained land, public right-of-way, or other
public place, without written permission or directive by the owner.
(2)
No person or business entity shall fasten or attach
to any publicly owned or maintained tree any sign, poster, bill, notice
or advertisement of any kind.
(3)
No person or business entity shall deposit, place,
store or maintain upon any town-owned or maintained lands, public
right-of-way, or other public place any stone, brick, sand, concrete
or other material which may cause destruction or damage or removal
of any tree growing therein except as approved by the owner.
(4)
No person or business entity shall cause or permit
excavation or construction on land that will reasonably be expected
to destroy or damage any publicly owned or maintained tree, including
its roots, without first obtaining permission from the owner.
C.
Protection of trees during construction activity.
All trees near any excavation or construction shall be guarded by
a substantial fence, frame or box of not less than four (4) feet in
height. Whenever possible, such fence, frame or box should run along
the edge of the trees' dripline. All soil, debris, rubble or construction
material shall be kept outside the enclosure. At no time shall the
fence, frame, or box extend beyond the sidewalk into the street, nor
shall such fence, frame, or box cause a hardship for those using the
sidewalk.
D.
Obstruction. It shall be unlawful for any property
owner or person in charge of property adjoining any public right-of-way
to permit any tree, shrub, or woodland on their property to obstruct
the passage or visibility of pedestrians or motorists.
A.
It shall be unlawful for any person or business entity
to cause, permit or allow the removal, destruction, or substantial
alteration of any Landmark Tree, Large Tree, Medium Tree or more than
three (3) Small Trees or Woodland, within a one (1) year period, without
first obtaining a permit from the Department.
B.
Exemptions. No permit shall be required where the
following exists:
(1)
Work consistent with an approved landscape, grading,
drainage or clearing plan where a building permit has been issued.
Where the proposed plan does not have a landscaping plan, no permit
is required for the removal of any tree, vegetation or woodland located
within twenty-five (25) feet of any proposed building, drainage structure
or driveway proposed for construction.
(2)
Emergencies: The removal or substantial alteration
of hazardous trees in an emergency to protect persons, wildlife or
property from imminent danger, as determined by the Town, an ISA Certified
Arborist, emergency service worker, or as documented by photographic
evidence;
(3)
Dead or dying tree. The removal of a dead or dying
tree;
(4)
Surveying, data collection, or soil investigation.
The removal or pruning of trees, except the removal of any Landmark
Tree, to allow sufficient access for surveying, data collection or
soil investigation activities involving an application under review
by the Town;
(5)
Legally-established nurseries and farms. The removal
of a tree by a legally-established nursery or farm, as defined in
the Huntington Town Code, provided that such activity is in furtherance
of their normal business operations. This exemption does not apply
to the removal of any Landmark Tree, any tree located within a required
buffer or the expansion of their operations;
(6)
Public utilities. The normal trimming, cutting or
substantial alteration of trees by a utility company to install, maintain
or replace utility lines or cables located within the utility company's
right-of-way. Prior permission from the Town Highway Office is required
before such work commences;
(7)
Public land. The removal, trimming or substantial
alteration of trees on public land or public right-of-way for the
purpose of regular maintenance provided proper authorization has been
obtained by the governmental agency having jurisdiction.
(8)
Activities in the performance of the Town's governmental
function.
A.
Application procedure. Each application for a tree
permit shall include the following:
(1)
Name, address and signature of the applicant. Where
applicant is not the property owner, written consent of property owner
is required.
(2)
Address and Suffolk County Tax Map Number of the property
where work is to be performed.
(3)
Name and address of the person or business entity
performing the work, including the company's Suffolk County Home Improvement
License Number and signature of company's representative.
(4)
Photograph(s) of the tree(s) or woodland proposed
to be removed or substantially altered, and photograph(s) from the
tree(s) showing the view toward all neighboring properties. All photographs
shall include a point of reference to determine scale, such as a yardstick
or person.
(5)
Condition of the tree(s) or woodland to be removed
or substantially altered.
(6)
Purpose for the removal or substantial alteration
of the tree(s) or woodland.
(7)
A site plan or subdivision map which received a final
approval from the Planning Board and which includes the location and
circumference of each tree(s) to be removed. Circumference is to be
measured at four and one half (4 1/2) feet from grade. If no
such plan is available, a survey, an accurate sketch or plan of the
area shall include the following:
(a)
Property boundary lines.
(b)
An outline of existing heavily wooded areas
on the site.
(c)
Location and circumference of each tree(s) to
be removed. Circumference is to be measured at four and one half (4 1/2)
feet from the ground.
(d)
Location of any structures on the property.
(e)
Location of any proposed development or improvement
on the property.
(f)
North arrow and scale.
(8)
A proposed mitigation plan, if any, to plant the same
or alternate species of vegetation as determined to be necessary by
the Department.
(9)
When the proposed tree removal occurs within a hillside
area, as defined in the Town Code, a sketch of the proposal on an
accurate topographical survey showing two (2) foot contours shall
be required.
(10)
The condition of the tree(s) or woodland to
be removed or altered with respect to disease and public safety.
(11)
The reason for the removal or substantial alteration
of the tree(s) or woodland.
(12)
Whether the tree in question is a Landmark Tree.
(13)
The percentage of trees that are proposed to
be removed in relationship to the total number of trees on the property
as a whole.
(14)
Designated Wetlands. A Letter of Non-jurisdiction
or Letter of Approval from New York State Department of Environmental
Conservation must accompany any application for a tree permit for
any tree or woodland located within one hundred (100) feet of a designated
wetland.
(15)
Additional information that the Department may
deem necessary for the proper evaluation of the application.
B.
Permit Application Fee.
(1)
Each application shall be accompanied by personal
or certified check or money order, in the amount of twenty-five ($25.00)
dollars for every five (5) trees or portion thereof to be removed
or substantially altered. For single-family residential property,
the fee shall be no greater than five hundred ($500) dollars.
(2)
Unauthorized work. The application fee shall be three
(3) times the amount established if removal, destruction, or substantial
alteration of any tree, group of trees, or woodland has commenced
or been completed at any time before a permit is issued by the Department.
The Department may approve or deny an application
in whole or in part. The Director may condition the issuance of a
permit, as he deems advisable or necessary to protect and safeguard
the health, welfare and safety of persons or property. Failure to
comply with the terms and conditions of the permit is a violation
of this Chapter and may be a basis for revocation. In reviewing the
application the Department shall consider the following:
(1)
The condition of the tree(s) or woodland to be removed
or altered with respect to disease and public safety.
(2)
The reason for the removal or substantial alteration
of the tree(s) or woodland.
(3)
Whether the tree in question is a Landmark Tree.
(4)
The effect of the removal on existing habitat, including
soil erosion impacts, loss of species designated as endangered, threatened
or of special concern by the New York State Department of Environmental
Conservation, or the loss of New York State protected plant species;
(5)
(Reserved)
(6)
The character of the community and the impact, if
any, on the views and vistas;
(7)
The nature and extent of the mitigation proposed,
if any, with respect to replanting of replacement vegetation.
(8)
Additional information that the Department may deem
necessary for the proper evaluation of the application.
Term of Permit. Each permit issued shall expire
one (1) year from the date of issuance. All work shall be completed
within such period. An additional extension of three (3) months may
be granted by the Director upon good cause shown, as long as an extension
is requested prior to the expiration of the original term.
The permit shall be properly posted in a conspicuous
place on the frontage of the premises for which it was issued so as
to be easily inspected. All permits shall be posted at all times during
the performance of the work and shall not be removed until the work
is completed. A property owner or permit holder who fails to post
a permit shall be deemed in violation of this Chapter.
It shall be unlawful to alter, obscure, deface,
change, transfer to another property or otherwise tamper with any
portion of a permit issued by the Town. The property owner and/or
permit holder shall be strictly liable for a violation of this Section.
In addition to any other penalty provided for herein, the Town may
issue a stop-work order, and the Director may revoke the permit.
A.
In the event any tree is removed or substantially
altered without the proper permit or the filing of written confirmation
that a tree is dead or dying, there shall be a rebuttable presumption
that the tree was not dead or dying, the exemptions in § 186-5
do not apply, and that a permit for such action should have been obtained.
B.
There shall be a rebuttable presumption that the owner
or occupant, on whose land any tree has been removed, cut down, destroyed
or substantially altered without the necessary permit, is responsible
for performing or allowing the act to occur, except on publicly-owned
or maintained land, or other public right-of-way.
C.
There shall be a rebuttable presumption that the person
or business entity who removed, cut down, destroyed or substantially
altered a tree without the necessary permit had the permission of
the property owner or occupant of the land to perform such activity,
except on publicly-owned or maintained land or other public right-of-way.
[Amended 11-6-2019 by L.L. No. 56-2019]
(A)
Any person or business entity that violates any provision of this
Chapter or any rule, regulation or specification promulgated hereunder
shall be guilty of an offense. Each tree removed, cut down, destroyed
or substantially altered in violation of this Chapter shall constitute
a separate offense, punishable in like manner.
(B)
Any person or business entity convicted of violating any provision
of this Chapter or any rule, regulation and specification promulgated
hereunder shall be subject to the following penalties:
(1)
A fine of not less than three hundred dollars ($300) and not
more than seven hundred fifty dollars ($750) for each tree that is
removed in excess of those allowed to be removed pursuant to this
Chapter or, in the case of woodland, not less than three thousand
dollars ($3,000) and not more than fifteen thousand dollars ($15,000)
per acre or any portion thereof, whichever is calculated to be greater,
with the maximum fine trebled for any unauthorized tree removal on
Town property; and/or
(2)
Imprisonment not exceeding fifteen (15) days for each offense.
(C)
Any person or entity found by the Bureau of Administrative Adjudication
to have violated any provision of this Chapter shall likewise be subject
to a monetary penalty within the range of fines authorized in subdivision
(B) for any offense or continuing offense.
(D)
In addition to the penalties set forth herein, the applicant may
be:
(1)
Ordered to plant replacement trees, shrubs and/or groundcover,
on the affected premises, planting plan to be approved by the Department;
and/or
(2)
Ordered to pay the replacement value of each tree illegally
removed, destroyed or substantially altered. Replacement value for
the purposes of this Section shall be determined utilizing the most
recent edition of the "Guide of Plant Appraisal" published by the
Council of Tree and Landscape Appraisers. Said funds shall be deposited
into a Town Tree Program to be administered by the Director and used
by the Town for the planting and/or maintenance of Town trees.
(E)
Any person convicted of violating the provisions of this Chapter
or any rules, regulations and specifications promulgated hereunder,
or found by the Bureau of Administrative Adjudication to have violated
any provisions of this Chapter, shall be prohibited from receiving
any other tree permits for the same property for a period of six (6)
months after a violation has occurred.
(F)
In addition to the criminal and civil penalties set forth herein
or in other applicable law, rule or regulation, the Town Attorney
is authorized to pursue civil and equitable relief in the name of
the Town in a court of competent jurisdiction, including but not limited
to compensatory actions; civil penalties in the amount of up to two
hundred and fifty ($250) dollars per day, or any part thereof; an
action to compel compliance with or to restrain by injunction the
violation of this Chapter; and other remedies which in the opinion
of the Town Attorney may seem necessary and proper.
