INCORPORATED VILLAGE OF DERING HARBOR
LOCAL LAW NO. 1 OF THE YEAR 2004

A LOCAL LAW ADOPTING REGULATIONS REGARDING THE CUTTING AND CLEARING OF TREES AND VEGETATION IN THE VILLAGE OF DERING HARBOR

BE IT ENACTED BY THE BOARD OF TRUSTEES OF THE INCORPORATED VILLAGE OF DERING HARBOR AS FOLLOWS:

Section
1.0 Enactment, Effective Date, Purpose and Definitions.
1.1 Title of Local Law
1.2 Enactment.
1.3 Effective Date.
1.4 Findings.
1.5 Purpose and Intent of Local Law.
2.0 General Provisions
2.1 Clearing and Cutting Unlawful
2.2 Prior Approval
2.3 Limitation on Clearing and Cutting
2.4 Application to Building Inspector
2.5 Action Not in Conformance with Law
3.0 Violations, Fines and Penalties of Enforcement
3.1 Violations
3.2 Fines and Penalties
3.3 Enforcement
4.0 Severability

Section 1.0     Title, Enactment, Effective Date, Purpose, and Definitions.

1.1. Title
This Local Law 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 and Vegetation in the Village of Dering Harbor.”

1.2. Enactment.
Pursuant to Section 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.

1.3. Effective Date.
This local law shall take effect on the filing of the approved Local Law with the Secretary of State of New York, which shall be within twenty (20) days after its approval by the Board of Trustees of the Incorporated Village of Dering Harbor.

1.4 Findings.
The Board of Trustees of the Village of Dering Harbor hereby determines and finds that the trees and natural vegetation 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 and natural vegetation 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 and vegetation 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.

1.5. Purpose and Intent of Local Law.
The purpose and intent of this Local Law is to adopt regulations regarding the clearing and cutting of trees and natural vegetation 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.

Section 2.0 General Provisions;

2.1 Clearing and Cutting Unlawful
It shall be unlawful for any person to remove, damage, allow to be removed or damaged, clear, grade, cut, or otherwise cause to be damaged, cut, removed, or disturbed, any trees or naturally occurring vegetation except in conformance with the provision of this local law.

2.2. Prior Approval
Approval by the Village of Dering Harbor shall be required prior to the removal, cutting, grading, or clearing of any trees or natural vegetation in the Village.

2.3. Limitation on Clearing or Cutting
The area of clearing, cutting, removal, or grading of any trees or natural vegetation on any particular property in the Village shall not exceed an area which is the smaller of ten percent (10%) of the total area of the property or that area which is within a distance of twenty-five feet (25′) of the perimeter of the main structure on the property, the main structure being the residence of the property owner if the property is improved by a residence.

2.4. Application to Building Inspection
A. Applications for the approval of the cutting, clearing, removal or grading of trees and or natural vegetation shall be made to the Building Inspection of the Village of Dering Harbor.
B. In the event that the cutting, clearing, removal or grading of trees and or natural vegetation is to be done in conjunction with work on a property that should otherwise require a building permit from the Village, the application for approval to cut, clear, remove, or grade trees and or natural vegetation shall be made simultaneous to and as part of the application for a building permit.
C. In the event that the cutting, clearing, removal or grading of trees and or natural vegetation is to be done other than in conjunction with work on a property that requires a building permit, the application for approval to cut, clear, remove or grade trees and or natural vegetation shall be made to the building inspection for approval.
D. An application for approval to cut, clear, remove or grade trees and or natural vegetation shall be accompanied by five copies of a survey which shall show all existing and proposed structures and improvements on the property, the natural vegetation and trees on the property, the areas already or proposed to be cut, cleared, removed or graded and a calculation of those areas and the total area of the property, and such other detail or items as may be requested by the Building Inspector on the Board of Trustees, together with the forms and fees that may be required.
E. The Board of Trustees shall from time to time adopt forms and fees or amend those forms and fees to be submitted with the required application.

2.5. Action not in Conformance with Law
A. Any application which proposes the cutting, clearing, removal or grading of trees and or natural vegetation which exceeds or is not in compliance with this local law shall be denied by the Building Inspector. B. If denied by the Building Inspector the sole right for an application for relief from or of a variance of the limitations of this law 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 local law and the determination made on the basis of that consideration shall be in the sole direction 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 or natural vegetation on the property and the criteria of an area variance under Article 7 of the Village Law and the Zoning 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.

Section 3.0. Violations, Fine and Penalties of Enforcement

3.1. Violations
It shall be a violation of this local law for any party to cut, clear, remove, damage or grade or cause to be cut, cleared, removed, damaged or graded any trees or vegetation in the Village of Dering Harbor without the prior approval of the Village in compliance with this local law.

3.2. Fines and Penalties
The fine and penalty for any violation of this local law shall be two hundred and fifty dollars ($250) for offense and each and every day that a violation shall exert, a violation being an action in violation of this local law, 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 local law the cost of the enforcement of this local law with respect to the violation and or the cost of restoration of the trees and natural vegetation that was cut, cleared, damaged, removed, or graded.

3.3. Enforcement
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.

Section 4.0. Severability

In the event that any section or portion of this Local Law shall be deemed to be unenforceable or of no effect, the remainder of the Local Law shall survive and remain in full force and effect.