[HISTORY: Adopted by the Board of Trustees of the Incorporated Village
of Plandome 1-14-2003 by L.L. No. 1-2003. Amendments noted where applicable.]
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:
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.
The diameter of a tree measured at a height four feet six inches
from the ground.
Any individual, firm, partnership, association, company, public utility
or organization of any kind or any agent, employee or contractor thereof.
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.
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.
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.
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.
A.Â
Whenever any person shall undertake construction, excavation, grading or filling on private property in the Village, the owner of such property shall cause to be filed with the Village official a site plan which, in addition to any other matters required by law or regulation, shall plainly show the location of all Village trees located on any berm adjacent to such property, all routes of access and egress to the construction site intended or available to be used by vehicles or equipment, and a description of the method intended to be used to protect such Village trees as required by Subsection B.
B.Â
Before commencing any construction, excavation, grading
or filling, the owner shall cause the following precautions to be taken for
the protection of Village trees located on any adjacent berm:
(1)Â
With respect to any Village tree having a diameter at
breast height of 10 inches or less, a stable and substantial fence at least
four feet high and surrounding the entire protected zone of such tree shall
be erected and thereafter continuously maintained until the conclusion of
construction.
(2)Â
With respect to any Village tree having a diameter at breast height exceeding 10 inches, if it is determined by the Village official that compliance with Subsection B(1) hereof would unreasonably restrict access to the construction site, then a stable and substantial fence at least four feet high shall be erected and maintained at the maximum distance from the tree that the Village official determines is feasible, and any portion of the protected zone of such tree not enclosed by such fence shall be protected as the Village official may require.
C.Â
The Village official may impose, in addition to those regulations referred to in § 153-5, such other and further requirements as he may deem necessary to protect and preserve any Village tree from damage caused by or as a consequence of construction, excavation, grading, filling or soil compaction or other root damage.
D.Â
Anytime there has been any type of damage or destruction
of a Village tree adjacent to a property where work on the home or property
is taking place, it shall be assumed that said damage or destruction was caused
as a result of the work and the owner of the property shall be responsible
and liable for any penalties described herein.
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.
A.Â
B.Â
Whenever the Village official has reasonable grounds to believe that a continuing or repeated unlawful act threatens to seriously harm or destroy a Village tree, he may direct the immediate cessation of such unlawful act and, if the unlawful act continues, he may issue a stop-work order. Upon the issuance of a stop-work order, any and all persons shall immediately cease all work and related activities at the subject premises until all requirements of this chapter have been satisfied and the order has been duly rescinded. The order shall be in the form and shall be posted and served in the manner prescribed by § 175-49C of the Code of the Village of Plandome.
C.Â
In addition to the provisions of Subsection A above, the following requirements apply to any person who has committed or permitted an unlawful act:
(1)Â
If the unlawful act causes damage to any Village tree,
such person shall be assessed and be required to pay the Village the cost
of any remedial measures determined by the Village to be necessary or desirable
in the best interests of said damaged tree or surrounding area.
(2)Â
If, in the sole opinion of the Village official, the
unlawful act causes the removal, destruction or damage beyond repair of any
Village tree, such person shall be assessed and required to pay the Village
as compensation for its loss: if replacement of such tree is practical (and
whether or not the Village elects actually to replace it), a sum of money
equal to all costs which would be required to replace such tree with one of
the same or comparable type and size; or, if replacement of such tree is not
practical, a sum of money equal to the loss of the value of the Village tree
as determined by the Village. The determination as to whether replacement
of a Village tree is practical or desirable shall be made by the Village in
its sole discretion. In any case, the payment or assessment required under
this subsection shall include the actual cost of removal of such Village tree,
including stump, and all costs of the Village Arborist incurred in connection
with the unlawful act.
(3)Â
If the extent of damage to a Village tree as the result of an unlawful act is uncertain at the time of its commission, the Village may require a cash deposit sufficient either to pay for any necessary remedial measures and/or to satisfy any payments that may be required pursuant to Subsection C(2) above relative to the unlawful act. Such deposit shall be held for a period not exceeding two years and, at the end of such period, the Village shall remit to the depositor any unused balance.
D.Â
No certificate of occupancy shall be issued with respect
to any work as to which there exists any continuing violation or unsatisfied
obligation under this chapter.
