The Board of Trustees of the Incorporated Village of Plandome hereby
finds: that protection and maintenance of the stock of Village trees are necessary
and desirable for the health and welfare of the Village and the preservation
of the natural, scenic, aesthetic and environmental quality of the Village
in general and its public places in particular; that for this reason the Village
has expended public funds to plant and maintain Village trees and continues
to do so; that construction activity undertaken in areas near such trees constitutes
a serious threat of damage to them and of long-term depletion of the stock
of Village trees; and that it is necessary to adopt this chapter in order
to establish standards to control such activity and prevent such damage.
As used in this chapter, the following terms shall have the meanings
indicated:
BERM
The property owned by the Village lying between any property line
of a lot and the curb or border of the paved portion of an adjacent street.
PERSON
Any individual, firm, partnership, association, company, public utility
or organization of any kind or any agent, employee or contractor thereof.
PROTECTED ZONE
That ground area around a tree consisting of a circle the radius
of which is the distance from the tree trunk at ground level to a point under
the furthermost tip of the most extended branch of such tree.
UNLAWFUL ACT
The performance of any act or the creation of any condition prohibited
by this chapter or any regulations established by the Board of Trustees or
directions issued by the Village official pursuant to its terms or the failure
to comply with any requirements established by such chapter, regulations or
directions.
VILLAGE OFFICIAL
The Village Building Inspector or such other person as may be duly
appointed by the Mayor and Board of Trustees to carry out the duties set forth
in this chapter.
VILLAGE TREE
A tree, including the root system, located on Village property, including
but not limited to a berm.
No person shall remove, prune or spray with chemicals or do any act
upon any Village tree except pursuant to an express written grant of authority
by the Village; or harm, damage, cut, trim, break or otherwise injure any
such tree or its roots; or park any vehicle or machinery, or fuel any such
equipment, or pile, heap or store any building materials, soil, debris or
other matter, or make any mortar or cement or dispose of any paint or other
chemical substances within the protected zone of any such tree; or do any
other act which a reasonable person would expect to cause any such tree to
die, either immediately or within the course of time.
The Board of Trustees may, from time to time, adopt such regulations as deemed necessary and proper for carrying out the purposes of this chapter, and such regulations shall be enforceable in the manner provided in §
153-6 hereof.