§ 70-8. Landmark trees., Chapter 70. Tree Preservation, Land Use Legislation, Code of Ordinances, Brookhaven

A landmark tree, located upon Town of Brookhaven owned property, may be established by Town Board resolution.

A landmark tree, located upon property not owned by the Town of Brookhaven, may be established by Town Board resolution after obtaining written permission from the property owner.

The Commissioner of Planning, Environment and Land Management shall provide a written recommendation to the Town Board regarding the designation of a landmark tree. The Commissioner of Planning, Environment and Land Management shall obtain the recommendation of the Superintendent of Highways for all trees proposed as landmark trees within the Town rights-of-way, recharge areas or any other land that is under the jurisdiction of the Superintendent of Highways prior to making a recommendation to the Town Board. The Commissioner of Planning, Environment and Land Management shall consider the following:

(1)

Whether the tree is rare or endangered pursuant to any local, state or federal agency having jurisdiction over same; or

(2)

Whether the tree is included in New York State's Big Tree Register or is on the American Forests National Register of Big Trees; or

(3)

Whether the tree has been designated as an historic landmark by the Town, state or federal government; or

(4)

Whether the tree has been designated as a New York State Champion or an American Forests Champion Tree; or

(5)

Whether the tree possesses exceptional value or quality in illustrating or interpreting the heritage of the Town of Brookhaven, State of New York or the United States; or

(6)

Whether the tree was alive and present for any key historical events in Town of Brookhaven, State of New York or the United States; or

(7)

Whether the tree contains special environmental, social, aesthetic, or historical characteristics which warrant conservation, preservation or protection from adverse influences; or

(8)

Any other factors which the Commissioner determines to be relevant to protecting and designating a tree as a landmark.

The Commissioner of Planning, Environment and Land Management shall maintain a list of all landmark trees.

No landmark tree shall be destroyed or removed from the soil or any act committed which causes the destruction or cessation of life functions of any landmark tree located in the Town of Brookhaven without permission of the Town Board of the Town of Brookhaven and without a permit issued therefor as prescribed by this chapter.

(1)

Exceptions:

(a)

This section shall not apply to the Superintendent of Highways when acting in accordance with the authority granted pursuant to Highway Law § 153.

(b)

This section shall not apply to the removal or substantial alteration of a hazardous landmark tree or a dead or dying tree that has been established as a landmark tree in an emergency to protect persons, wildlife or property from imminent danger, as determined by the Town, an ISA certified arborist, emergency service worker, or as documented by photographic evidence.

(c)

This section shall not apply to a public utility subject to the jurisdiction of the New York State Public Service Commission removing or trimming trees on lands within its jurisdiction.

Editor's Note: This ordinance also renumbered former § 70-8 as § 70-9.