Preview
FILED: NASSAU COUNTY CLERK 11/06/2018 02:15 PM INDEX NO. 609905/2018
NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 11/06/2018
EXHIBIT J
FILED: NASSAU COUNTY CLERK 11/06/2018 02:15 PM INDEX NO. 609905/2018
Town
NYSCEF ofOyster NO.NY45Trees:
DOC.Bay, §225-8 Trees in streetsand otherpu... RECEIVEDhttps://ecode360.com/26878401
NYSCEF: 11/06/2018
Chapter 225: Trees
[HISTORY: Adopted by the Town Board of the Town of Oyster Bay 11-27-1973 (Ch. 8,Art. IV,of the 1971 Code,
amended in itsentirety9-25-2007 by L.L. No. 12-2007. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Parks Department - See Ch· 4, Art X.
Environmental quality review - See Ch.11o.
License and permits - See Ch.147.
Parks and recreation - See Ch.168.
§ 225-1 Legislative
intent.
The Town Board of the Town of Oyster Bay hereby finds and declares thatthe preservation of trees isñecessary to
protect the health, safety and geñéral welfare of the Town of Oyster Bay and of itsresidents because trees provide
shade, impedê soil erosion, aid in water absorption and retention, inhibit excess runoff and ficod:ñg, êñhañce air
quality by absorbing carbon dioxide and releasing oxygen, mitigate noise, provide a natural habitat for wildlife,provide
screening, conserve energy, enhance pi vgeny values and add to the aesthetic quality and character of the entire
community. Itis,therefore, the purpose of thischapter to protect existing healthy trees and to encourage the planting
of new trees in appropriate !ocations on allprivate and public properties throughout the Town.
§ 225-2 Defini
For the purposes of thischapter, the fc:!cwing terms, phrases and words shallhave the meañ;ñgs indicated:
APPLICANT
The property owner, or his/her duly authorized agent, requeging a tree removal permit from the Town pursuant
to this chapter.
APPROVAL AUTHORITY
The Town of Oyster Bay Department of Parks except, inthe case of applications for siteplan and/or special permit
approval, the authority responsible for the approval of such app!ications shallbe the approval authority.
DBH (DIAMETER AT BREAST HEIGHT)
The diameter or caliper of a tree measured at a point 41/2 feet above ground levelat the base of the uphill side of
the tree.
DRIPLINE
An imaginary, roughly circular line extêñd:ñgfrom the maximum spread of the limbs of a tree to the ground.
TREE
A living,woody plant with an erect perennial trunk and a definite:yformed crown of foliage and a DBH of eight or
more inches.
TREE PRESERVATION PLAN
A plan indicating the location, species, size, drip|iñê and ccñditicñ of alltrees on a property which are eight or
more inches DBH and detailing the methods and practices to be used to provide protection for allsuch trees to
be preserved.
TREE REMOVAL
Any act which will cause a treeto be removed or to die within a one-year period.
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Town
NYSCEF ofOyster NO.NY45Trees:
DOC.Bay, § 225-8 Trees instreets and other pu... RECEIVEDhttps://ecode360.com/2687840
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TREE REMOVAL PERMIT
A permit granted pursuant to the requirements of thischapter which allows the removal of one or more trees.
§ 225-3 Regulated activities; permit
required.
Except as specifically permitted elsewhere in thischapter, itshall be unlawful to remove a tree, as defined herein,
unless a tree removal permit is granted pursuant to the requirements of thischapter.
§ 225-4 Activities permitted
by right.
The following tree relatedactivities are permitted by right:
A. Remova| of any dead, diseased or severely damaged tree, if determined to be in such conditica by the
Commissioner of the Department of Parks or his/her duly authari-ed representative.
B. Removal of any tree under an actual or cagõing emergency condition when such tree removal isnecessary for the
protection and preservation of lifeor property.
C. Permitted forest managemêñt activitieson properties covered under § 480-a of the Real Property Tax Law.
D. The removal of trees as required in connection with duly authorized activitiesof the Town of Oyster Bay or any
department thereof.
§ 225-5 Permit application process; approval
authority.
A. person proposing to remove a tree(s) on any property in theTown of Oyster Bay shallfilean app!!cation for a
Any
tree removal permit with the approval authority,as herein provided. An application for a tree removal permit shall
not in and of itselfbe subject to the conduct of a public hearing nor shallnotification of adjc|ning or other
owners be required. The approval authority shall make itsdetermination based on an inspection of the
property
subject property and the information submitted as a part of the application. The application shall include the
following information, unless waived by the approval authority, and such other additional information and/or
certification as the approval authority determines to be necessary or appropriate:
(1) The name, address and telepher,e number of the property owner and, ifdifferent, the applicant.
(2) The streetaddress and Tax Map designation of the subject property.
If theowner is not the applicant, a statement of authority from the owner to make said application.
(3)
A description of the proposed tree removal and its purpose.
(4)
A plan for the area to be disturbed indicating the specific tree(s) proposed to be removed, the !ocation of
(5)
any existing and proposed improvements on the property, a tree preservation plan for alltrees which are to
be preserved, and any additional informatica that the approval authority may deem necessary or appropriate
for the proper evaluation of the application. All plans for the protection of trees shall include the protection
of patentially impacted off-sitetrees.
(6) A plan of mitigatica measures, including replanting, designed to reduce the potential impacts of tree
removal, such as f|õõding, erosion, sedimentation, loss of buffer screening and/or disturbance of wildlife
habit.
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(7) For allapplications requiring Parks Department approval, an application fee in the amcüñt of $5 Per inchof
cumulative DBH for alltrees prõposed to be removed, but not more than $75 Per individual tree and not less
than a total of $50 Per application. Inthe case of an application iniciving the removal of three or fewer trees,
the application fee may be waived or reduced, at the discretion of the Commissioner of the Parks
Department, where itis determiñéd that adequate mitigation, interms of tree replacement, is provided.
(8) Signature of the applicant attesting to the accuracy of allinformation submitted as a part of the application.
B. Applications for permits shallbe submitted not lessthan to workdays prior to the proposed tree removal date.
C. All information related to the permit application shall be maintained on file in the office of the Town of Oyster
Bay Department of Parks.
§ 225-6 Determination by approval
authority.
A. In making a determination whêther to grant, deny or grant with conditions a tree removal permit, the approval
authority shallconsider the following factors:
(1) Whether the proposed tree removal isconsistent with the purpose and intent of this chapter.
(2) Whether the tree or tree(s) to be removed are of a species listed on the New York State Rare Plant Listas
endangered or threatened trees.
(3) The need for the proposed tree removal.
(4) The of
availability reasonable and practicalalternatives to the proposed tree remaval.
(5) The condition of the tree or trees proposed to be removed.
The location of the tree(s) proposed to be removed and their dripline(s) with respect to existing and
(6)
proposed siteimprovements.
The potential impact of the tree removal upon drainage patterns, erosicñ potential, growth of adjacent
(7)
vegetation, buffer screening and access to light and air.
The applicant's proposed mitigation measures, including the planting of new trees or other vegetation,
(8)
erosion and sedimentation controls, drainage improvements, etc.
B. Any permit issued pursuant to this chapter shallcontain allsuch conditions as may be determined appropriate by
the approval authority to ensure both initialand continued compliance with the intent and requirements of this
chapter.
C. The approval authority may require the planting of the same or an alternate species of trees, which are
comparable in type and size to the trees to be remõved, as a condition for the issuance of a permit for tree
removal. The location for planting the replacement trees shallbe as approved by the approval authority.
D. The following is of
a list acceptable and monunended shade tree species for street tree and parking lot planting
in the Town of Oyster Bay:
Acer campestre (hedge maple)
Acer rubrum* (red var.Autumn October
maple) Flame; Franksred; Glory
Fraxinus americana* (white var.Autumn Purple
ash)
Fraxinus pennsylvanica"(green ash) var. Marshall Seedless; Summit
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NYSCEF
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NYSCEF: 11/06/2018
Gleditsia triacanthos (thornless honey locust) var. Shademaster
Nyssa sylvatica* (blacktupelo)
Quercus acutissina (sawtooth oak)
Quercus alba* (white oak)
Quercus bicolor*
(swamp white oak)
Quercus coccinea* (scarlet oak)
phellos'
Quercus (willow oak)
Quercus rubra* (northern red
(borealis) oak)
Tiliacordate (littleleaf linden)var.Grenspire
Tiliatomentosa (silver linden) var.Green Mountain
Zelkova serrata (Japanese zelkova) var.Village Green; Green Vase
* Indicates a species native to Island.
Long
Indicates a species nativeto Long Island.
E. In addMcñ to the shade trees listed in Subsection D above, the fü||üvving is a list
of acceptable and recommended
trees for planting on public and privateproperties:
Acer saccharum* (sugar var. Green Banfire
maple) Mountain, Legacy
Betula papyrifera* (paper birch)
nigra*(river
Betula birch)
Betula lenta*(sweet birch)
Betula populifolia*
(gray birch)
caroliniana* (American
Carpinus hornbeam)
Carya cordiformis'
(bitternut)
glabra*
Carya (pignut) .
Carya ovata* (shagbark hickory)
Carya ovalis*(sweet pignut)
Carya tomentosa*
(mockernut)
Castanea dentata* (American chestnut)
Celtis occidentalis*
(hackberry)
Fagus grandifolia' (American beech)
Fraxinus nigra* (black ash)
Juglans cinerea*
(butternut)
nigra*(black
Juglans walnut)
Liquidambar styraciflua* var. Cherokee
(sweetgum)
Liriodendron tulipifera*
(tuliptree)
Plantanus occidentalis* (American sycamore)
Quercus Montana' (chestnut oak)
stellata*
Quercus (post oak)
palustris*(pin
Quercus oak)
velutina* (black
Quercus oak)
Salix nigra*(black willow)
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Tilia americana* (American linden)
Ulmus fulva*
(slipperyelm)
Evergreen Trees
Chamaecyparis thyoides* (white cedar)
Ilexopaca* (American holly)
virginiana* (red
Juniperus cedar)
Pinus echinata* (short leafpine)
Pinus strobus" (white pine)
Pinus virginiana* (Virginiapine)
Pinus rigida*(pitch pine)
Tsuga Canadensis (hemlock)
Flowering Trees
Amelanchier Canadensis* (service berry,shadblow)
florida*
Cornus (flowering dogwood)
Crataegus crusgalli*
(hawthorn)
Diospyros virginiana*
(persimmon)
Magnolia virginiana*
(sweetbay magnolia)
Viburnum lentago*
(nannyberry)
* Indicates a species nativeto 1sland.
Long
F. The approval authority may further condition the issuance of a tree remova: permit upon the posting of a bond or
other security acceptable to the approval authority, in an amount and with surety and conditions sufficient to
secure compliance with the conditions and limitations as setforth in the permit.
G. The Commissicñêr of the Department of Parks, or his/her desigñêê, may suspend or revoke a tree removal permit
by issuing a stop-work order if he or she finds that the applicant has not complied with one or more of the
conditicñs of the issuance of such permit or has exceeded the authority granted in the permit or has failed to
undertake the project in the manner as set forth in the approved applicatión. Similarly,a stop-work order may be
issued ifno tree remova| permit has been issued and a treeor trees are about to be, or are in the process of being
removed.
H. Permits shall be valid for a period of six months unless a different period isspecifically stipu!ated in the permit
issued by the approval authority. Permits may be renewed by the apprcval authority upon the applicant's
submission of a renewal request and a fee in the amount of $150 at least 20 workdays before the expiration of the
permit. Standards for the issuance of a renewal permit shall be the same as those for the issuance of the criginâi
permit.
I. No permit granted pursuant to thischapter shall remove an applicañt'sobligation to comply in allrespects with all
other applicable prõvisicñs of any federal, state or local law or regulation, including, but not limited to, the
securing of any other required permit or approval.
J. A copy of any tree removal permit which isgranted shall be immediately and promiñêñtly displayed along the
street frontage of the subject property untilall approved work iscompleted and approved by the Department of
Parks.
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NYSCEF ofOyster NO.NY45Trees:
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and otherpu... RECEIVEDhttps://ecode360.com/26878401
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§ 225-7 Public
utilities.
Any person doing business as a public utility subject to the jurisdiction of the New York State Public Service
Csmmission and any duly constituted public agency authorized to provide service
utility 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
Town, 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 itsbusiness.
§ 225-8 Trees in streets and other public
places.
~7 No tree shall be rêmGved from public street or owned or under the control of the Town of Oyster
any property Bay
without the prior written consent ofthe Town Superintendent of Highways. Such consent shall only be granted ifthe
tree constitutes a hazard to property or persons using the adjoining streets,ifitsroots are causing damage to the curb,
gutters or sidewalks or ifitunduly interferes with the operation of public utilities
and/or related infrastructure.
§ 225-9 Appeals; Tree Management
Commission.
A. Any determination made by the approval authority may be appealed to the Tree Management Commission. Said
Commission shall consist of fiveindividuals,as follows:
(1) The Town Supervisor or his/her designee.
(2) The Commissioner of the Department of Envirõñmental Rescürces or his/herdesignee.
(3) The Commissioner of the Department of Parks or his/her designee.
(4) The Commissioner of the Department of Planning and Develcpmêñt or his/her designee.
(5) The Commissioner of the Department of Public Works or his/her desigñêê.
B. Such appeal shallbe taken within 30 days of the filingof the determination of the approval authority. Any appeal
from the determination of the Tree Management Commission shall be made by comnmn.ement of an action
pursuant to the próvisicñs of Article 78 of the Civil Practice Law and Rules within 30 days of the filing of the
Commission's determination.
§ 225-10 Inspe
Any site for which a tree removal permit epp!!cetion has been submitted shall be subject to inspection by
representatives of the Town of Oyster Bay Department of Parks at any réãsüñäb|é time, including weekends and
holidays. The applicant, by reason of making application for such permit, shall be deemed to have granted itsconsent
for such inspection.
§ 225-11 Action upon completion
of work.
A. Within 30 days aftercampktion of alltree removal activitiesauthorized under a permit issued in accordance with
this chapter, the applicant shallnotify the approval authority of such completion.
B. Within 3o days of such notification of completion, the approval authority, or itsduly authorized represeritative,
shallinspect the tree removal sitefor compliance with allconditions of the permit.
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C. When alltree removal activitiesauthorized under a permit have been deemed to be completed in an acceptable
fashion, the approval authority, or itsduly authorized representative, shall issuea certificate of comp:êtion, which
shall be accõmpanied by the cancellation or return of any bond or any other security collected in connection with
said permit.
D. Ifthe tree removal activitiesare found to be unãcceptab!e, the approval authority shallso notify the applicant.
Such notificationof ñóncampliance shall include a listof allconditicas which are in Wo!atioñ of the terms of the
permit and shall specify a time limitfor the correction of allsuch Wolations.
§ 225-12 Penalties for
offenses.
Any person who shallviolate any of the picvisicñs of this chapter, or any rule,regulation or specification promulgated
thereunder, shall be deemed guilty ofan affense and, upon conviction thereof, shall be fined not less than $350 but not
more than $1,000 or imprisoned for not more than 15 days, or by both such fine or imprisonment. Each tree removed
or subnantia!!y damaged shall be considered a separate offense and shallbe punishable as such hereunder. As an
alternative to the payment of the above-stated monetary fines, or in combination therewith, the person who has
committed the offense may be required to replace any tree(s) unlawfully removed or substantially damaged with new
trees, of a type, size and !ocation as determined appropriate by the Commissioner of the Department of Parks, or
his/her duly authorized designee, up to a maximum size equal to the total DBH of alltrees unlavvfülly removed or
damaged.
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Preview
FILED: NASSAU COUNTY CLERK 11/06/2018 02:15 PM INDEX NO. 609905/2018 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 11/06/2018 EXHIBIT J FILED: NASSAU COUNTY CLERK 11/06/2018 02:15 PM INDEX NO. 609905/2018 Town NYSCEF ofOyster NO.NY45Trees: DOC.Bay, §225-8 Trees in streetsand otherpu... RECEIVEDhttps://ecode360.com/26878401 NYSCEF: 11/06/2018 Chapter 225: Trees [HISTORY: Adopted by the Town Board of the Town of Oyster Bay 11-27-1973 (Ch. 8,Art. IV,of the 1971 Code, amended in itsentirety9-25-2007 by L.L. No. 12-2007. Subsequent amendments noted where applicable.] GENERAL REFERENCES Parks Department - See Ch· 4, Art X. Environmental quality review - See Ch.11o. License and permits - See Ch.147. Parks and recreation - See Ch.168. § 225-1 Legislative intent. The Town Board of the Town of Oyster Bay hereby finds and declares thatthe preservation of trees isñecessary to protect the health, safety and geñéral welfare of the Town of Oyster Bay and of itsresidents because trees provide shade, impedê soil erosion, aid in water absorption and retention, inhibit excess runoff and ficod:ñg, êñhañce air quality by absorbing carbon dioxide and releasing oxygen, mitigate noise, provide a natural habitat for wildlife,provide screening, conserve energy, enhance pi vgeny values and add to the aesthetic quality and character of the entire community. Itis,therefore, the purpose of thischapter to protect existing healthy trees and to encourage the planting of new trees in appropriate !ocations on allprivate and public properties throughout the Town. § 225-2 Defini For the purposes of thischapter, the fc:!cwing terms, phrases and words shallhave the meañ;ñgs indicated: APPLICANT The property owner, or his/her duly authorized agent, requeging a tree removal permit from the Town pursuant to this chapter. APPROVAL AUTHORITY The Town of Oyster Bay Department of Parks except, inthe case of applications for siteplan and/or special permit approval, the authority responsible for the approval of such app!ications shallbe the approval authority. DBH (DIAMETER AT BREAST HEIGHT) The diameter or caliper of a tree measured at a point 41/2 feet above ground levelat the base of the uphill side of the tree. DRIPLINE An imaginary, roughly circular line extêñd:ñgfrom the maximum spread of the limbs of a tree to the ground. TREE A living,woody plant with an erect perennial trunk and a definite:yformed crown of foliage and a DBH of eight or more inches. TREE PRESERVATION PLAN A plan indicating the location, species, size, drip|iñê and ccñditicñ of alltrees on a property which are eight or more inches DBH and detailing the methods and practices to be used to provide protection for allsuch trees to be preserved. TREE REMOVAL Any act which will cause a treeto be removed or to die within a one-year period. lof7 9/19/2018 5:21 PA FILED: NASSAU COUNTY CLERK 11/06/2018 02:15 PM INDEX NO. 609905/2018 Town NYSCEF ofOyster NO.NY45Trees: DOC.Bay, § 225-8 Trees instreets and other pu... RECEIVEDhttps://ecode360.com/2687840 NYSCEF: 11/06/2018 TREE REMOVAL PERMIT A permit granted pursuant to the requirements of thischapter which allows the removal of one or more trees. § 225-3 Regulated activities; permit required. Except as specifically permitted elsewhere in thischapter, itshall be unlawful to remove a tree, as defined herein, unless a tree removal permit is granted pursuant to the requirements of thischapter. § 225-4 Activities permitted by right. The following tree relatedactivities are permitted by right: A. Remova| of any dead, diseased or severely damaged tree, if determined to be in such conditica by the Commissioner of the Department of Parks or his/her duly authari-ed representative. B. Removal of any tree under an actual or cagõing emergency condition when such tree removal isnecessary for the protection and preservation of lifeor property. C. Permitted forest managemêñt activitieson properties covered under § 480-a of the Real Property Tax Law. D. The removal of trees as required in connection with duly authorized activitiesof the Town of Oyster Bay or any department thereof. § 225-5 Permit application process; approval authority. A. person proposing to remove a tree(s) on any property in theTown of Oyster Bay shallfilean app!!cation for a Any tree removal permit with the approval authority,as herein provided. An application for a tree removal permit shall not in and of itselfbe subject to the conduct of a public hearing nor shallnotification of adjc|ning or other owners be required. The approval authority shall make itsdetermination based on an inspection of the property subject property and the information submitted as a part of the application. The application shall include the following information, unless waived by the approval authority, and such other additional information and/or certification as the approval authority determines to be necessary or appropriate: (1) The name, address and telepher,e number of the property owner and, ifdifferent, the applicant. (2) The streetaddress and Tax Map designation of the subject property. If theowner is not the applicant, a statement of authority from the owner to make said application. (3) A description of the proposed tree removal and its purpose. (4) A plan for the area to be disturbed indicating the specific tree(s) proposed to be removed, the !ocation of (5) any existing and proposed improvements on the property, a tree preservation plan for alltrees which are to be preserved, and any additional informatica that the approval authority may deem necessary or appropriate for the proper evaluation of the application. All plans for the protection of trees shall include the protection of patentially impacted off-sitetrees. (6) A plan of mitigatica measures, including replanting, designed to reduce the potential impacts of tree removal, such as f|õõding, erosion, sedimentation, loss of buffer screening and/or disturbance of wildlife habit. 2 of 7 9/19/2018 5:21 Pl4 FILED: NASSAU COUNTY CLERK 11/06/2018 02:15 PM INDEX NO. 609905/2018 Town NYSCEF ofOyster NO.NY45Trees: DOC. Bay, § 225-8 Trees in streetsand other pu... RECEIVEDhttps://ecode360.com/2687840 NYSCEF: 11/06/2018 (7) For allapplications requiring Parks Department approval, an application fee in the amcüñt of $5 Per inchof cumulative DBH for alltrees prõposed to be removed, but not more than $75 Per individual tree and not less than a total of $50 Per application. Inthe case of an application iniciving the removal of three or fewer trees, the application fee may be waived or reduced, at the discretion of the Commissioner of the Parks Department, where itis determiñéd that adequate mitigation, interms of tree replacement, is provided. (8) Signature of the applicant attesting to the accuracy of allinformation submitted as a part of the application. B. Applications for permits shallbe submitted not lessthan to workdays prior to the proposed tree removal date. C. All information related to the permit application shall be maintained on file in the office of the Town of Oyster Bay Department of Parks. § 225-6 Determination by approval authority. A. In making a determination whêther to grant, deny or grant with conditions a tree removal permit, the approval authority shallconsider the following factors: (1) Whether the proposed tree removal isconsistent with the purpose and intent of this chapter. (2) Whether the tree or tree(s) to be removed are of a species listed on the New York State Rare Plant Listas endangered or threatened trees. (3) The need for the proposed tree removal. (4) The of availability reasonable and practicalalternatives to the proposed tree remaval. (5) The condition of the tree or trees proposed to be removed. The location of the tree(s) proposed to be removed and their dripline(s) with respect to existing and (6) proposed siteimprovements. The potential impact of the tree removal upon drainage patterns, erosicñ potential, growth of adjacent (7) vegetation, buffer screening and access to light and air. The applicant's proposed mitigation measures, including the planting of new trees or other vegetation, (8) erosion and sedimentation controls, drainage improvements, etc. B. Any permit issued pursuant to this chapter shallcontain allsuch conditions as may be determined appropriate by the approval authority to ensure both initialand continued compliance with the intent and requirements of this chapter. C. The approval authority may require the planting of the same or an alternate species of trees, which are comparable in type and size to the trees to be remõved, as a condition for the issuance of a permit for tree removal. The location for planting the replacement trees shallbe as approved by the approval authority. D. The following is of a list acceptable and monunended shade tree species for street tree and parking lot planting in the Town of Oyster Bay: Acer campestre (hedge maple) Acer rubrum* (red var.Autumn October maple) Flame; Franksred; Glory Fraxinus americana* (white var.Autumn Purple ash) Fraxinus pennsylvanica"(green ash) var. Marshall Seedless; Summit 3 of7 9/19/2018 5:21 Ph FILED: NASSAU COUNTY CLERK 11/06/2018 02:15 PM INDEX NO. 609905/2018 NYSCEF Town ofOyster NO.NY45Trees: DOC.Bay, § 225-8 Trees instreets and other pu... RECEIVEDhttps://ecode360.com/2687840 NYSCEF: 11/06/2018 Gleditsia triacanthos (thornless honey locust) var. Shademaster Nyssa sylvatica* (blacktupelo) Quercus acutissina (sawtooth oak) Quercus alba* (white oak) Quercus bicolor* (swamp white oak) Quercus coccinea* (scarlet oak) phellos' Quercus (willow oak) Quercus rubra* (northern red (borealis) oak) Tiliacordate (littleleaf linden)var.Grenspire Tiliatomentosa (silver linden) var.Green Mountain Zelkova serrata (Japanese zelkova) var.Village Green; Green Vase * Indicates a species native to Island. Long Indicates a species nativeto Long Island. E. In addMcñ to the shade trees listed in Subsection D above, the fü||üvving is a list of acceptable and recommended trees for planting on public and privateproperties: Acer saccharum* (sugar var. Green Banfire maple) Mountain, Legacy Betula papyrifera* (paper birch) nigra*(river Betula birch) Betula lenta*(sweet birch) Betula populifolia* (gray birch) caroliniana* (American Carpinus hornbeam) Carya cordiformis' (bitternut) glabra* Carya (pignut) . Carya ovata* (shagbark hickory) Carya ovalis*(sweet pignut) Carya tomentosa* (mockernut) Castanea dentata* (American chestnut) Celtis occidentalis* (hackberry) Fagus grandifolia' (American beech) Fraxinus nigra* (black ash) Juglans cinerea* (butternut) nigra*(black Juglans walnut) Liquidambar styraciflua* var. Cherokee (sweetgum) Liriodendron tulipifera* (tuliptree) Plantanus occidentalis* (American sycamore) Quercus Montana' (chestnut oak) stellata* Quercus (post oak) palustris*(pin Quercus oak) velutina* (black Quercus oak) Salix nigra*(black willow) 4 of 7 9/19/2018 5:2 1 PM FILED: NASSAU COUNTY CLERK 11/06/2018 02:15 PM INDEX NO. 609905/2018 NYSCEF Town ofOyster NO.NY45Trees: DOC. Bay, § 225-8 Trees instreetsand otherpu... RECEIVEDhttps://ecode360.com/2687840 NYSCEF: 11/06/2018 Tilia americana* (American linden) Ulmus fulva* (slipperyelm) Evergreen Trees Chamaecyparis thyoides* (white cedar) Ilexopaca* (American holly) virginiana* (red Juniperus cedar) Pinus echinata* (short leafpine) Pinus strobus" (white pine) Pinus virginiana* (Virginiapine) Pinus rigida*(pitch pine) Tsuga Canadensis (hemlock) Flowering Trees Amelanchier Canadensis* (service berry,shadblow) florida* Cornus (flowering dogwood) Crataegus crusgalli* (hawthorn) Diospyros virginiana* (persimmon) Magnolia virginiana* (sweetbay magnolia) Viburnum lentago* (nannyberry) * Indicates a species nativeto 1sland. Long F. The approval authority may further condition the issuance of a tree remova: permit upon the posting of a bond or other security acceptable to the approval authority, in an amount and with surety and conditions sufficient to secure compliance with the conditions and limitations as setforth in the permit. G. The Commissicñêr of the Department of Parks, or his/her desigñêê, may suspend or revoke a tree removal permit by issuing a stop-work order if he or she finds that the applicant has not complied with one or more of the conditicñs of the issuance of such permit or has exceeded the authority granted in the permit or has failed to undertake the project in the manner as set forth in the approved applicatión. Similarly,a stop-work order may be issued ifno tree remova| permit has been issued and a treeor trees are about to be, or are in the process of being removed. H. Permits shall be valid for a period of six months unless a different period isspecifically stipu!ated in the permit issued by the approval authority. Permits may be renewed by the apprcval authority upon the applicant's submission of a renewal request and a fee in the amount of $150 at least 20 workdays before the expiration of the permit. Standards for the issuance of a renewal permit shall be the same as those for the issuance of the criginâi permit. I. No permit granted pursuant to thischapter shall remove an applicañt'sobligation to comply in allrespects with all other applicable prõvisicñs of any federal, state or local law or regulation, including, but not limited to, the securing of any other required permit or approval. J. A copy of any tree removal permit which isgranted shall be immediately and promiñêñtly displayed along the street frontage of the subject property untilall approved work iscompleted and approved by the Department of Parks. 5 of 7 9/19/2018 5:21 PM FILED: NASSAU COUNTY CLERK 11/06/2018 02:15 PM INDEX NO. 609905/2018 Town NYSCEF ofOyster NO.NY45Trees: DOC.Bay, §225-8 Trees in streets and otherpu... RECEIVEDhttps://ecode360.com/26878401 NYSCEF: 11/06/2018 § 225-7 Public utilities. Any person doing business as a public utility subject to the jurisdiction of the New York State Public Service Csmmission and any duly constituted public agency authorized to provide service utility 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 Town, 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 itsbusiness. § 225-8 Trees in streets and other public places. ~7 No tree shall be rêmGved from public street or owned or under the control of the Town of Oyster any property Bay without the prior written consent ofthe Town Superintendent of Highways. Such consent shall only be granted ifthe tree constitutes a hazard to property or persons using the adjoining streets,ifitsroots are causing damage to the curb, gutters or sidewalks or ifitunduly interferes with the operation of public utilities and/or related infrastructure. § 225-9 Appeals; Tree Management Commission. A. Any determination made by the approval authority may be appealed to the Tree Management Commission. Said Commission shall consist of fiveindividuals,as follows: (1) The Town Supervisor or his/her designee. (2) The Commissioner of the Department of Envirõñmental Rescürces or his/herdesignee. (3) The Commissioner of the Department of Parks or his/her designee. (4) The Commissioner of the Department of Planning and Develcpmêñt or his/her designee. (5) The Commissioner of the Department of Public Works or his/her desigñêê. B. Such appeal shallbe taken within 30 days of the filingof the determination of the approval authority. Any appeal from the determination of the Tree Management Commission shall be made by comnmn.ement of an action pursuant to the próvisicñs of Article 78 of the Civil Practice Law and Rules within 30 days of the filing of the Commission's determination. § 225-10 Inspe Any site for which a tree removal permit epp!!cetion has been submitted shall be subject to inspection by representatives of the Town of Oyster Bay Department of Parks at any réãsüñäb|é time, including weekends and holidays. The applicant, by reason of making application for such permit, shall be deemed to have granted itsconsent for such inspection. § 225-11 Action upon completion of work. A. Within 30 days aftercampktion of alltree removal activitiesauthorized under a permit issued in accordance with this chapter, the applicant shallnotify the approval authority of such completion. B. Within 3o days of such notification of completion, the approval authority, or itsduly authorized represeritative, shallinspect the tree removal sitefor compliance with allconditions of the permit. 6 of7 9/19/2018 5:21 PlM FILED: NASSAU COUNTY CLERK 11/06/2018 02:15 PM INDEX NO. 609905/2018 NYSCEF Town of DOC.Bay, Oyster NO.NY45 Trees: §225-8 Trees instreets and other pu... RECEIVED NYSCEF: 11/06/2018 https://ecode360.com/268784C C. When alltree removal activitiesauthorized under a permit have been deemed to be completed in an acceptable fashion, the approval authority, or itsduly authorized representative, shall issuea certificate of comp:êtion, which shall be accõmpanied by the cancellation or return of any bond or any other security collected in connection with said permit. D. Ifthe tree removal activitiesare found to be unãcceptab!e, the approval authority shallso notify the applicant. Such notificationof ñóncampliance shall include a listof allconditicas which are in Wo!atioñ of the terms of the permit and shall specify a time limitfor the correction of allsuch Wolations. § 225-12 Penalties for offenses. Any person who shallviolate any of the picvisicñs of this chapter, or any rule,regulation or specification promulgated thereunder, shall be deemed guilty ofan affense and, upon conviction thereof, shall be fined not less than $350 but not more than $1,000 or imprisoned for not more than 15 days, or by both such fine or imprisonment. Each tree removed or subnantia!!y damaged shall be considered a separate offense and shallbe punishable as such hereunder. As an alternative to the payment of the above-stated monetary fines, or in combination therewith, the person who has committed the offense may be required to replace any tree(s) unlawfully removed or substantially damaged with new trees, of a type, size and !ocation as determined appropriate by the Commissioner of the Department of Parks, or his/her duly authorized designee, up to a maximum size equal to the total DBH of alltrees unlavvfülly removed or damaged. 7 of7 9/19/2018 5:21 PM