For the purposes of this chapter, the following terms, phrases
and words shall have the meanings indicated:
APPLICANT
The property owner, or his/her duly authorized agent, requesting
a tree removal permit from the Village pursuant to this chapter.
APPROVAL AUTHORITY
The Village of Sag Harbor Building Inspector, upon consultation
with an ISA (International Society of Arboriculture) certified arborist
where required, will have approval authority for tree removal and
building permit applications. In the case of applications for site
plan and/or special permit approval, the approval authority shall
be the Village of Sag Harbor Planning Board upon consultation with
an ISA certified arborist.
DBH (DIAMETER AT BREAST HEIGHT)
The diameter or caliper of a tree measured at a point 4 1/2
feet above ground level at the base of the uphill side of the tree.
DRIPLINE
An imaginary, roughly circular line extending from the maximum
spread of the limbs of a tree to the ground.
ISA ARBORIST
International Society of Arboriculture certified arborist.
TREE PRESERVATION PLAN
A plan or survey indicating the location, species, size,
dripline and health of all trees on a property which are 12 or more
inches in DBH as determined by a certified arborist and detailing
the methods and practices to be used to provide protection for all
such trees to be preserved.
TREE REMOVAL
The act of removing a tree(s) subject to this preservation
legislation or a percentage of its root system that could cause the
tree to die within a one-year period.
TREE REMOVAL PERMIT
A permit granted pursuant to the requirements of this chapter
which allows the removal of one or more trees. When issued in connection
with a building permit, the tree removal permit shall constitute part
of the building permit and be processed in conjunction therewith.
TREES SUBJECT TO THIS CHAPTER
A living, woody plant with an erect perennial trunk and a
definitely formed crown of foliage and a DBH of 12 or more inches.
Except as specifically permitted elsewhere in this chapter,
it shall be unlawful to remove a tree subject to this preservation
legislation, unless a tree removal permit is granted pursuant to the
requirements of this chapter.
The following tree-related activities are permitted without
a permit:
A. Removal of any dead, diseased or severely damaged tree, if determined
to be in such condition by the Village of Sag Harbor Building Inspector
or an ISA certified arborist.
B. Removal of any tree under an actual or ongoing emergency condition
when such tree removal is necessary for the protection and preservation
of life or property, such as after a hurricane or ice storm.
C. The removal of trees in connection with duly authorized activities
of the Village of Sag Harbor or any department thereof.
D. The removal of trees with a DBH of less than 12 inches.
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 public utility
service is hereby granted a continuing permit to trim, remove or perform
such other acts with respect to trees growing adjacent to the public
streets of the Village, or which grow upon private property to the
extent that they encroach upon such public streets, as may be necessary
to comply with the safety regulations of said Commission and as may
be necessary to maintain the safe operation of its business.
Trees in streets or other public places in the Village shall be subject to Village Code §
235-13, Trees and fences.
Any site for which a tree removal permit application has been
submitted or required by the Building Inspector shall be subject to
inspection by representatives of the Village of Sag Harbor, including
but not limited to the Building Inspector or his designee at any reasonable
time, including weekends and holidays. The applicant, by reason of
making application for such permit, shall be deemed to have granted
its consent for such inspection.
Nothing contained in this chapter shall be deemed to impose
liability upon the Village, the Village Board of Trustees, the approval
authority or individuals, companies or corporations hired by the Village,
nor to relieve the owner of any private property from the duty to
keep any tree, shrub or plant that he/she planted in the right-of-way
of a public street or that is on his/her property from constituting
a hazard to the subject property or neighboring properties, or an
impediment to travel or vision upon any street, sidewalk, park or
other public place within the Village of Sag Harbor.