Legislative Intent Code of the Town of Oyster Bay – Section § 225-1

The Town Board of the Town of Oyster Bay hereby finds and declares that the preservation of trees is necessary to protect the health, safety and general welfare of the Town of Oyster Bay and of its residents because trees provide shade, impede soil erosion, aid in water absorption and retention, inhibit excess runoff and flooding, enhance air quality by absorbing carbon dioxide and releasing oxygen, mitigate noise, provide a natural habitat for wildlife, provide screening, conserve energy, enhance property values and add to the aesthetic quality and character of the entire community. It is, therefore, the purpose of this chapter to protect existing healthy trees and to encourage the planting of new trees in appropriate locations on all private and public properties throughout the Town.

Regulated Activities; permit required:  Code of the Town of Oyster Bay – § 225-3

Except as specifically permitted elsewhere in this chapter, it shall be unlawful to remove a tree, as defined herein, unless a tree removal permit is granted pursuant to the requirements of this chapter.

Activities Permitted by Right:  Code of the Town of Oyster Bay – Section § 225-4

The following tree related activities are permitted by right:

A. Removal of any dead, diseased or severely damaged tree, if determined to be in such condition by the Commissioner of the Department of Parks or his/her duly authorized representative.

B. Removal of any tree under an actual or ongoing emergency condition when such tree removal is necessary for the protection and preservation of life or property.

C.Permitted forest management activities on properties covered under § 480-a of the Real Property Tax Law.

D.The removal of trees as required in connection with duly authorized activities of the Town of Oyster Bay or any department thereof.

Permit Application Process:  Code of the Town of Oyster Bay – Section § 225-5

A. Any person proposing to remove a tree(s) on any property in the Town of Oyster Bay shall file an application for a tree removal permit with the approval authority, as herein provided. An application for a tree removal permit shall not in and of itself be subject to the conduct of a public hearing nor shall notification of adjoining or other property owners be required. The approval authority shall make its determination based on an inspection of the subject property and the information submitted as a part of the application.

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 removed, as a condition for the issuance of a permit for tree removal. The location for planting the replacement trees shall be as approved by the approval authority.