Tree Preservation Law A local law amending the chapter of the Code of the Village of Shoreham entitled: “Tree Preservation Local Law”
Be it enacted by the BOARD OF TRUSTEES OF THE VILLAGE OF SHOREHAM as follows:
Section 1: Title, Purpose, and Definitions
Pursuant to Section 10 of the Municipal Home Rule Law, the Village of Shoreham, County of Suffolk, State of New York, hereby amends the Code of the Village of Shoreham by replacing the existing Tree Preservation Law (Local Law 93-3), which is hereby repealed, with a new Tree Preservation Law, which shall be this local law No. 05-2.
1.1(b). Effective Date
The local law shall take effect twenty calendar days from October 11, 2005, which is the date of this local law’s adoption and filing pursuant to Section 27 of Municipal Home Rule Law.
The purpose of this local law is to preserve the wooded character of the Village of Shoreham by restricting any unauthorized destruction or removal of trees in the Village.
1.3(a) Protected Tree;
“Protected Tree” shall mean (1) any live tree which is located on Village property and which is of any size whatsoever; or (2) a live tree which is located on private property in the Village of Shoreham and has a diameter exceeding twelve inches at the height of five feet above the ground level at the base of the tree.
1.3(b) Village Property;
“Village Property” is any property in the Village which is owned by the Village of Shoreham. In the event that a tree is physically located on both Village property and private property due to the location of its trunk or trunks, then for purposes of this local law it shall be deemed to be on Village property, and therefore shall be a protected tree regardless of its diameter.
1.3(c) Private Property;
“Private Property” for purposes of this Local Law shall be deemed to be any property located in the Village of Shoreham which is not owned by the Village of Shoreham.
1.3(d) Destruction or Removal:
“Destruction or Removal” includes, but is not limited to, such practices as girdling, ringing the tree, excessive peeling of bark, compacting or overburdening the roots, trenching near the roots, application of herbicides or poisons, or any other practice or action which may reasonably be expected to cause disease, death, or decline of the tree, either immediately or within the course of time, but shall not include regular maintenance such as the customary pruning of a tree or the elimination of dead or dangerous trees or limbs posing an immediate threat to life or property.
1.3(e) The Trustees
“The Trustees” shall mean the Board of Trustees of the Village of Shoreham.
Section 2: Prohibited Destruction or Removal
The destruction or removal of more than three protected trees in a calendar year on any single and separate parcel of private property in the Village of Shoreham, or the destruction or removal of any protected tree on Village property, except as excluded in Section 2.2, is prohibited.
2.2 Permitted Destruction or Removal
Any destruction or removal of a protected tree on private property which either: (a) shall not constitute the destruction or removal of more than three protected trees on that property in any one calendar year; (b) occurs in conformance with a building permit issued by the Building Inspector; or (c) is authorized by a permit issued by the Trustees or their designee, is permitted. Any destruction or removal of a protected tree on Village property when authorized by the Trustees or their designee, is permitted.
Section 3: Enforcement
The Trustees or their designee shall have jurisdiction for the purpose of taking remedial action towards any violation of this local law, preventing the impending or continuing violation of this local law, enforcing this local law or the intent of this local law, and/or prosecuting this local law.
3.2. Penalties for Offenses, Separate Offense.
a. Any person or persons violating, or causing a violation of, any provision of this chapter shall be subject to a penalty for each and every violation of this local law.
b. The prohibited destruction and removal of each and every protected tree as defined in this local law shall be deemed to be a separate violation within this local law, punishable by a separate fine as provided for hereunder.
c. The penalty shall be not more than five hundred dollars per violation of this local law.
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