Village of Dering Harbor, NY
Suffolk County
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[HISTORY: Adopted by the Board of Trustees of the Village of Dering Harbor 5-22-2004 by L.L. No. 2-2004. Amendments noted where applicable.]
This chapter shall be entitled "Local Law No. 1 of 2004 of the Incorporated Village of Dering Harbor, A Local Law Adopting Regulations Regarding the Cutting and Clearing of Trees in the Village of Dering Harbor."
Pursuant to § 10 of the Home Rule Law and the Village Law of the State of New York, the Incorporated Village of Dering Harbor, County of Suffolk and State of New York, hereby enacts by this local law of 2004, a local law of the Village of Dering Harbor.
This chapter shall take effect on the filing of the approved local law with the Secretary of State of New York, which shall be within 20 days after its approval by the Board of Trustees of the Incorporated Village of Dering Harbor.
The Board of Trustees of the Village of Dering Harbor hereby determines and finds that the trees in the Village of Dering Harbor comprise an important feature of the aesthetic quality and natural beauty of the Village and its environment. The Trustees further find and determine that the pristine environment of the Village is essential to the character and quality of life in the Village of Dering Harbor. The Board of Trustees also determines that the protection of existing trees in the Village is essential to the aquifer and the proper operation of the Village's public water supply thereby ensuring public health and safety. The Board of Trustees further finds and determines that it is in the best interests of the Village, its residents and property owners to adopt regulations regarding the clearing and cutting of trees to protect the environment and quality of life in the Village as well as the aquifer and public water supply to in the Village of Dering Harbor.
The purpose and intent of this chapter is to adopt regulations regarding the clearing and cutting of trees in order to protect and ensure the aesthetic qualities of the character and quality of life in the Village, the environment of the Village and the aquifer and public water supply in the Village.
It shall be unlawful for any person to remove, damage, allow to be removed or damaged, clear, cut, or otherwise cause to be damaged, cut, or removed any trees except in conformance with the provision of this chapter.
Approval by the Village of Dering Harbor shall be required prior to the removal, cutting, grading, or clearing of any trees in the Village.
A. 
A tree is any living woody plant which is at least nine inches in diameter at 4.5 feet above the ground. The tree's root system shall be regarded as part of the tree.
B. 
It shall be unlawful for any person to remove or destroy any tree without the permission of one of two Trustees designated by the Board of Trustees. This approval must be in writing and signed by said Trustee. A tree to be cut or removed must be marked.
C. 
The approval for removing or destroying a tree shall be based on the following criteria:
(1) 
The presence of the tree causes hardship.
(2) 
The tree is diseased, in poor physical condition or threatens the health of other trees.
A. 
In the event that the cutting, clearing or removal of trees is to be done in conjunction with work on a property that would otherwise require a building permit from the Village, the application to cut, clear or remove trees shall be made simultaneous and as part of the application for a building permit to be approved by the Building Inspector. The applicant will submit to the Building Inspector two copies of a survey which will show all trees on said property in the areas proposed to be cut, cleared or removed. Each tree to be cut or removed must be marked. No more than 10% of all trees on said property may be cut, cleared or removed.
B. 
In the event of a subdivision application, the applicant will submit to the Planning Board for its approval two copies of a survey which will show all trees on said property in the areas proposed to be cut, cleared or removed. Each tree to be cut or removed must be marked. No more than 10% of all trees on said property may be cut, cleared or removed.
A. 
Any application which proposes the cutting, clearing, removal of trees and which exceeds or is not in compliance with this chapter shall be denied.
B. 
If denied, the sole right for an application for relief from or of a variance of the limitations of this chapter shall be to the Board of Trustees. The Board of Trustees shall consider an application for the granting of relief or a variance from the limitations of this chapter and the determination made on the basis of that consideration shall be at the sole discretion of that Board. The Board of Trustees shall consider the impact of the proposed action on the environment and quality of life of the Village, the neighborhood and the surrounding properties, the aesthetic value and or unique or significant nature of the trees and on the property and the criteria of an area variance under Article 7 of the Village Law and Chapter 230, Zoning, of the Code of the Village of Dering Harbor, the protection and maintenance of the aquifer and public water supply and such other criteria as may be determined by the Board of Trustees to be appropriate.
It shall be a violation of this chapter for any party to cut, clear, remove, damage or cause to be cut, cleared, removed, damaged any trees in the Village of Dering Harbor without the prior approval of the Village in compliance with this chapter.
The fine and penalty for any violation of this chapter shall be $250 for each offense, and each and every day that a violation shall exist, a "violation" being an action in violation of this chapter, shall be a separate offense. The Village of Dering Harbor and/or a court of proper jurisdiction may assess as a fine or penalty under this chapter the cost of the enforcement of this chapter with respect to the violation and/or the cost of restoration of the trees that were cut, cleared, damaged, removed.
The Village, at its option, may pursue civil remedies, including, but not limited to, seeking injunctive or other relief prohibiting or staying action or requiring restoration, and the election of a civil remedy by the Village shall not be exclusive of or preclude the prosecution of the violation and assessment of fines and penalties before a court of proper jurisdiction.
In the event that any section or portion of this chapter shall be deemed to be unenforceable or of no effect, the remainder of this chapter shall survive and remain in full force and effect.