[HISTORY: Adopted by the Board of Trustees of the Village of Northport
10-15-1974 by L.L. No. 3-1974 (Ch. 78 of the 1966 Code). Amendments noted
where applicable.]
Since it has been established that trees stabilize the soil and control
water pollution by preventing soil erosion and flooding, absorb air pollution,
provide us with oxygen, yield advantageous microclimatic effects, have an
intrinsic aesthetic quality, provide a natural barrier to noise and provide
a natural habitat for the wildlife in our area, and that the removal of trees
deprives us of these benefits and disrupts fundamental ecological systems
in which they are integrally involved, it is, therefore, the purpose of this
chapter to prevent the loss of trees within the boundaries of the Village
of Northport by controlling their indiscriminate destruction by regulating
removal or destruction of trees prior to and during construction and during
occupancy.
[Amended 8-17-1999 by L.L.
No. 12-1999; 4-17-2001 by L.L.
No. 3-2001]
It shall be unlawful for any person to remove, destroy or substantially
alter the habitat of more than 10% of the trees on any parcel of real property
within the Village of Northport or remove, destroy or substantially alter
any designated tree or the habitat of any designated tree on any parcel of
real property within the Village of Northport or remove, destroy or substantially
alter any tree or designated tree or the habitat of any tree or designated
tree from the bed of any street or highway within the Village of Northport,
unless:
A.
A permit is first obtained from the Director of Code
Compliance;
B.
The work is done as specified in an accepted and approved
landscape plan as part of an approved subdivision plat, site plan or building
permit for the real property in question;
C.
The alteration of the tree, designated tree or habitat
is in accordance with customarily accepted ornamental procedures as determined
and approved by the Director of Code Compliance; or
D.
The removal is of nursery stock from ground owned or
rented by a legally established nursery in the course of its normal business.
For the purpose of this chapter, the following terms, phrases and words
shall have the meanings ascribed herein:
The Code Compliance Director or any duly appointed assistant, or
the Deputy Code Compliance Director, or such other person charged by the Board
of Trustees with the enforcement of village laws and ordinances.
Any tree as defined in this chapter which has a diameter measured
at breast height (4.5 feet up from the ground surface) of 16 inches or greater.
[Added 4-17-2001 by L.L.
No. 3-2001]
The natural growing characteristics of any tree which includes branch
spread and distribution, branch height above the ground and root spread and
distribution.
Any individual, firm, partnership, association, corporation, company
or organization of any kind, or agent thereof.
Includes all unimproved real property and improved real property
within the Village of Northport not owned by the said village or by a public
utility, governmental agency or other municipality or agency thereof.
The entire width of every public way or right-of-way when any part
thereof is opened to or used by the public for vehicular or pedestrian traffic
to the entire width thereof, or the entire width of every street or highway
as shown on a legally approved subdivision map filed in the office of the
Clerk of the County of Suffolk.
Any cutting, pruning, elevating or other alteration of the tree or
the habitat of a tree which impairs or endangers the life or life processes
of the tree or destroys its natural symmetry; and shall include but is not
limited to heavy or unnecessary cutting of top branches (topping), cutting
of major lower limbs (sever elevating) or drastic pruning, but not including
customarily accepted ornamental procedures.
[Added 4-17-2001 by L.L.
No. 3-2001]
[Amended 4-17-2001 by L.L.
No. 3-2001]
Any living woody plant, its root system and the habitat within the area
defined by the outermost limits of its root system and branches, which is
six inches in diameter at breast height (4.5 feet up from the ground surface
or greater).
Minor forest vegetation of any size, such as dogwood, amelanchier and
mountain laurel.
This chapter of the Village Code shall be administered by the Code Compliance
Director.
A.
If a person shall deem it necessary to remove, destroy
or substantially alter the habitat of more than 10% of the live trees on any
parcel of real property within the Village of Northport, or to remove, destroy
or substantially alter the habitat of any designated tree on any parcel of
real property within the Village of Northport, or to remove, destroy or substantially
alter any live tree or designated tree in the bed of any street or highway
in said village, and said person does not have an accepted and approved landscape
plan or Planning Board approval and the alteration of habitat is not in accordance
with customarily accepted ornamental procedures, then said person shall first
make application for a permit to the Code Compliance Director to do so.
[Amended 8-17-1999 by L.L.
No. 12-1999; 4-17-2001 by L.L.
No. 3-2001]
B.
C.
The decision by the Code Compliance Director will be
based upon the following criteria:
(1)
The condition of the trees in respect to disease and
hazardousness.
(2)
The necessity of the removal for the project in question.
(3)
The effect of the removal on ecological systems.
(4)
The character established at the proposed site of removal
with respect to existing vegetation in the immediate vicinity and locale.
(5)
Good horticultural and vegetation management practices.
(6)
Whether or not the denial of the permit will result in
unnecessary hardship or severe financial loss to the applicant.
D.
Upon the submission of an application and other required
information and approval by the Department, a permit will be granted.
E.
Planning Board action which is deemed approval of tree
removal.
[Added 4-17-2001 by L.L.
No. 3-2001]
(1)
Where tree removal, including removal of a designated
tree, is proposed in connection with any site plan or subdivision plat submitted
or to be submitted to the Planning Board for approval, trees, including designated
trees, shall be removed from the affected real property only in conjunction
with an approved final subdivision plat or final site plan. The Planning Board
shall apply the same criteria and procedures set forth herein for tree permits
granted by the Code Compliance Director.
(2)
Subdivision construction plans or site plans approved
by the Planning Board showing trees, including designated trees, to be removed
and trees to be preserved shall be deemed a tree removal permit for the removal
of trees so determined.
(3)
The Planning Board, in connection with any site plan
or subdivision application, may require the replacement of trees, including
designated trees, removed from the affected real property prior to site plan
or subdivision application. The Planning Board may require that structures
shown on the plans be moved or relocated in order to preserve trees, including
designated trees, considered by the Planning Board to have particular value.
The Planning Board may refer such subdivision construction plans or site plans
to the Code Compliance Director and Village Engineer for his or her recommendation.
The Planning Board may determine certain trees, including designated trees,
to be preserved and specify means for their preservation.
The Code Compliance Director may require the planting of the same or
agreed-upon alternate species of trees when the individual character of the
tree(s) or the ecological setting requires special consideration as a condition
for the issuance of a permit for tree removal. The location for the planting
of the replacement trees shall be agreed upon prior to the issuance of the
permit for removal.
[Amended 8-17-1999 by L.L.
No. 12-1999]
A.
Any tree or shrub growing on real property which is endangering
or in any way may endanger the security or usefulness of a public sewer, public
street or other public place, or which is diseased, is hereby declared to
be a public nuisance, and the Code Compliance Director shall notify the property
owner and any occupant by certified mail, return receipt requested, that a
tree or shrub is a public nuisance and should be trimmed or removed, as the
case may be. In the event the property owner or occupant fails to remove or
trim such tree or shrub within 10 days after receipt of such notice, the Code
Compliance Director may remove said tree, in which event the village may seek
a penalty against the said landowner for the actual expenses of removing the
said trees or shrubs.
B.
No tree shall be removed from any street, highway or
property owned or controlled by the Village of Northport without prior written
approval of the Code Compliance Director. Such consent shall only be granted
if the tree constitutes a hazard to property or the public, if its roots are
causing substantial damage to curbing, gutters or sidewalks or if it interferes
with the sanitary or storm sewer system or other public utilities.
[Added 4-17-2001 by L.L.
No. 3-2001]
In case of emergency caused by a tree being in a hazardous or dangerous
condition posing an immediate threat to person or property, any member of
the Police Department, Fire Department or the Code Compliance Director may
authorize the removal of such tree forthwith.
Any decision made by the Code Compliance Director may be appealed to
the Village Board of Trustees. Such appeal must be submitted in writing to
the Village Clerk within 20 days of the date action was taken by the said
Director, and shall briefly state the grounds for such appeal. The Village
Clerk shall set the matter for hearing before the Board of Trustees no later
than 30 days from the date of filing such appeal, and he shall notify the
appellant and Code Compliance Director of such hearing date. Upon such hearing,
the Board of Trustees may affirm, revise or modify the decision of the Code
Compliance Director. Such decision of the Board of Trustees shall be subject
to judicial review as otherwise provided by law.
Any decision of the Code Compliance Director or the Village Board of
Trustees pursuant to the provisions of this chapter shall be in writing and
shall state the facts relevant to the issue. Such decision shall further state
the facts on which the decision is based and the reason for said decision.
Nothing herein contained shall abridge or alter any rights of action
or remedies now or hereinafter existing, nor shall this chapter nor any provision
thereof nor any rule or regulation promulgated thereunder be construed as
estopping the People of the Village of Northport from exercising its right
and fulfilling its obligations to protect the public health and welfare, nor
shall any other statute, ordinance or local law be affected by this enactment.
A.
Any person who shall violate any of the provisions of
this chapter, or any rule, regulation or specification promulgated thereunder,
shall be guilty of a violation.
B.
Any person convicted of violating the provisions of this
chapter, or the rules, regulations and specifications promulgated thereunder,
shall be fined in an amount not more than $500, or imprisoned for a term not
to exceed 15 days, or both such fine and imprisonment, for each tree that
was removed in excess of those allowed to be removed pursuant to this chapter.
[Amended 8-17-1999 by L.L.
No. 12-1999]
