Babylon City Zoning Code
ARTICLE XXX
Clearing of Land
[Added 10-20-1987]
§ 213-369 Findings; intent.
A.
The Town Board hereby finds that there is a direct relationship between the planting of trees, shrubs and associated vegetation in sufficient number in populated areas and the health, safety and welfare of this community and as related to the natural, scenic and aesthetic values of trees and the physical and visual qualities of the environment which the Town of Babylon is authorized to protect.
B.
Trees and such vegetation stabilize the soil and control water pollution by preventing soil erosion and flooding, yield advantageous microclimatic effects, provide a natural habitat for wildlife, abate noise, preserve the balance of oxygen in the air by removing carbon dioxide and fostering air quality, provide welcome share to people and add color and verdure to human construction.
C.
The destructive and indiscriminate removal of trees and related vegetation causes increased governmental costs for proper drainage control, impairs the benefits of occupancy of existing residential properties and impairs the stability and value of both improved and unimproved real property in the area of destruction and adversely affects the health, safety and general welfare of the inhabitants of the Town. It is therefore the intent of the Town to enact regulations, special conditions and restrictions regarding the removal or destruction of trees or the substantial alteration of grade level around trees to provide for the protection and conservation of trees and related vegetation in support of the health, safety and general welfare of Town residents.
§ 213-370 Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
APPLICANT
The owner of real property or their duly authorized employee, agent or any person or persons acting on their behalf requesting a land clearing permit for the removal of trees, shrubs and associated and related vegetation from private or public property, pursuant to the provisions of this chapter.
COMMISSIONER
The Commissioner of the Department of Planning and Development of the Town of Babylon.
DEPARTMENT
The Department of Planning and Development of the Town of Babylon.
PERSON
Any individual or individuals, corporation, firm, partnership, association, trust, estate, public utility, public authority or any unit of government or agency or subdivision thereof.
PRIVATE PROPERTY
Any real estate or part thereof, yard or driveway, other than that used as a public place, road, street or highway, situated in the Town of Babylon not public property as hereinafter defined and not otherwise exempted by state or federal law.
PUBLIC PROPERTY
All streets, sidewalks and easements that the Town may have over, under or upon any private property located in the Town or other areas dedicated or commonly used by the public, as well as all lands in which title is vested in the Town of Babylon, other political subdivision or agency or public authority thereof located within the Town of Babylon.
TREE
Any woody plant having a diameter of one inch or more at its thickest point, its root system and the environment within the area defined by the outermost limits of its branches, whether living or unliving, standing or downed.
VEGETATION
Including, but not limited to, trees, shrubs, bushes, grasses, flowers and other similar plant life.
§ 213-371 Land clearing permit required.
[Amended 4-9-1996 by L.L. No. 7-1996]
Any person wishing or intending to clear any private or public property of any trees or associated vegetation shall first obtain a land clearing permit from the Town of Babylon, Department of Planning and Development, Building Division, and pay such fee as shall be established from time to time by Town Board resolution.
§ 213-372 Administration.
A.
This chapter shall be administered by the Department, which shall have the authority to promulgate rules and regulations for the effective administration and management of this chapter, consistent with the legislative intent of this chapter.
B.
The Commissioner, after consultation with the Department of Environmental Control, the Chief Building Inspector and any appropriate federal, state or county agencies, may approve, approve with conditions or deny a land clearing permit.
C.
Each permit shall be valid for a period of 90 days from the date of issuance.
§ 213-373 Application for permit.
A.
Every applicant for a land clearing permit required by this chapter shall submit a complete and notarized application to the Department of Planning and Development, Building Division, on forms to be prescribed by the Commissioner, which shall include, but not be limited to, the following items:
(1)
The name and address of the applicant and owner, if not the same.
(2)
A statement of consent of the owner of the property that he is aware of the application and agrees to its being made.
(3)
The physical address and Suffolk County Tax Map Number of the subject property from which any trees or associated vegetation are to be removed.
(4)
A description of the existing physical and vegetative site conditions on the subject property, including the number and types of trees, types of vegetation, ground cover and any other related information required by the Commissioner.
(5)
A detailed explanation of the reasons why the applicant is proposing to clear the subject premises of trees and associated vegetation.
(6)
The zoning classification of the subject property.
(7)
The proposed use of the subject property subsequent to the clearing of the property.
(8)
A proposed site development schedule.
(9)
A true and complete copy of the last deed of record as recorded by the Suffolk County Clerk's office for the subject property.
B.
The Department shall, in administering this chapter, impose such conditions and safeguards as it may deem appropriate, necessary or desirable to preserve the protect the spirit and objectives of this chapter and shall give consideration, among other things, to:
(1)
The number, size and location of the tree or trees and associated vegetation to be removed.
(2)
The condition of the tree or trees with respect to disease and the potential for creating hazardous conditions.
(3)
The proximity of the trees to existing or proposed structures and utility appurtenances.
(4)
The use or necessity of trees as a buffer between the subject property and adjoining properties.
(5)
The necessity of the removal of a tree or trees.
(6)
The environmental effects of the land clearing.
(7)
Any of the considerations enumerated in the legislative intent of this chapter.
§ 213-374 Performance bond.
A.
Every applicant for a land clearing permit shall be required to post with the Town, as a condition precedent to receiving a land clearing permit, a performance bond approved by the Town Board in the amount of $2,500 for the completion of such land clearing work.
B.
Said bond shall remain in full force and effect for a period of three years, commencing on the date of the issuance of the land clearing permit. The insurance company carrying the bond shall give a thirty-day notice to the Town of Babylon of any cancellation of the bond.
§ 213-375 Penalties for violations.
[Amended 10-7-2003 by L.L. No. 26-2003; 4-27-2022 by L.L. No. 10-2022]
A.
Any person who shall violate any of the provisions of this chapter or any person who shall clear land in violation of a condition imposed by the Commissioner on a validly issued land clearing permit shall be guilty of an offense.
B.
Any person convicted of an offense based on violating the provisions of this chapter must have a fine imposed in an amount fixed by the court of not less than $250 nor more than $1,500 or a term of imprisonment not to exceed 15 days, or both, for each violation thereof.
C.
Each day's continued violation shall constitute a separate offense.
D.
Civil penalties, where imposed in a specific ordinance pursuant to the laws of the State of New York, shall be in addition to any fine and/or imprisonment provided for in Subsections A, B and C of this section. In addition, any person found by the Bureau of Administrative Adjudication to have violated this article shall likewise be subject to a monetary penalty of not less than $250 nor more than $1,500.
E.
In addition to the fine and/or imprisonment and civil penalties as provided for in Subsections A, B, C and D of this section, the Town Board may also take any of the following actions:
(1)
Maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of any section of this chapter.
(2)
If conditions existing on the property violate the provisions of this chapter or violate any condition imposed on a land clearing permit, the Commissioner shall serve or cause to be served a written notice, either personally or by certified mail, return receipt requested, upon the owner, applicant, lessee or occupant of said property. Said notice shall contain substantially the following: the name of the owner, applicant, lessee or occupant of the property; the address or location of the property; the identification of the property as the same appears on the current assessment roll of the Town; a statement of the condition of the property as found on the inspection; a demand that the property be replanted or otherwise restored to the condition in which it existed prior to the clearing of the land on or before 30 days after the service or mailing of such notice; a statement that a failure or refusal to comply with the provisions of this chapter and the notice given pursuant thereto within the time specified will result in a duly authorized officer, agent or employee of the Town entering upon the property and replanting or restoring the property to the condition in which it existed prior to the clearing of the land; and that the cost and expense of such removal shall be certified to the Assessor of the Town and shall be assessed against the described property and shall constitute a lien thereon to be collected as provided by law.
F.
Nothing contained herein shall require notice as a prerequisite to the commencement of criminal or civil proceedings for a violation of any of the provisions of this chapter.