§ 70-9. Penalties for offenses., Chapter 70. Tree Preservation, Land Use Legislation, Code of Ordinances, Brookhaven

Criminal penalties.

(1)

Any person who commits, takes part or assists in the destruction or removal of any tree without having first obtained a permit issued therefor pursuant to this chapter or who destroys or removes any tree in a manner inconsistent with such permit or the requirements of an approved subdivision or site plan shall be guilty of a violation punishable by a fine of not less than $500 nor more than $2,000 or by imprisonment for a period not to exceed 15 days, or by both such fine and imprisonment, for conviction of a first offense; and by a fine of not less than $1,000 nor more than $3,000 or by imprisonment for a period not to exceed 15 days, or by both such fine and imprisonment, for conviction of a second offense. This subsection shall not apply to landmark trees.

(2)

Any person who commits, takes part or assists in the destruction or removal of a landmark tree without having first obtained permission of the Town Board and a permit issued therefor pursuant to this chapter or who destroys or removes any landmark tree in a manner inconsistent with such permit shall be guilty of a violation punishable by a fine of not less than $500 nor more than $2,000. All fines collected pursuant to this subsection shall be deposited into a dedicated fund for the planting of trees within the Town of Brookhaven.

Civil penalties. In addition to any criminal penalties which may be imposed pursuant to Subsection A, any person who violates any provision of this chapter may be ordered to restore the premises damaged by the unlawful destruction or removal of trees to such suitable conditions as the Planning Board may require. In the event that such person refuses or fails to restore the real property to a condition ordered by the Planning Board, the Planning Board or the Town Board may proceed in a court of competent jurisdiction for an order directing such person to restore such real property in conformity with the requirements of the Planning Board. In the event that the Town of Brookhaven is compelled to restore such real property all costs incurred incidental to such restoration shall be assessed against the real property in question.

Revocation of approvals. In addition to any civil or criminal penalties which may be imposed pursuant to Subsection A or B, the Commissioner of the Department of Planning, Environment and Land Management is hereby authorized and empowered to revoke any building permit when it appears that unlawful destruction or removal of trees has taken place. The Planning Board is hereby authorized to revoke any site plan or subdivision approval where it appears that the unlawful destruction or removal of trees has taken place. In the event that a building permit, site plan or subdivision approval is to be revoked, a hearing must be held on not less than 48 hours' written notice to the person whose name appears on the building permit application, site plan application or subdivision application. Written notice shall also be given to the last known owner of the subject premises as appears on the current Brookhaven Town assessment roll. The hearing provided for therein shall, in the case of a building permit revocation, be held before the Commissioner of the Department of Planning, Environment and Land Management or his designee. The hearing called for in said notice, in the case of a site plan or subdivision approval revocation, shall be before the Planning Board. In the event that said building permit, site plan or subdivision approval is revoked, the Town Attorney is hereby authorized and empowered to institute a proceeding in a court of competent jurisdiction to restrain any further development on the subject site and to seek sufficient funds for restoration of the site as provided in Subsection B.

[Amended 11-20-2018 by L.L. No. 27-2018, effective 12-3-2018]