A.
Prohibited acts.
[Amended 1-16-2007 by L.L. No. 10-2006; 9-19-2023 by L.L. No. 2-2023]
(1)
It shall be unlawful for any person without a permit
to remove, destroy or substantially alter any tree with a DBH of 6.5
inches or more or the habit of said tree or to cause, order, direct,
permit or allow the removal, destruction or substantial alteration
of said tree or habit of said tree located on any improved real property
within the Incorporated Village of Plandome Manor.
(2)
It
shall be unlawful for any person without a permit to remove, destroy
or substantially alter 12 or more trees regardless of DBH or the habit
of said trees or to cause, order, direct, permit or allow the removal,
destruction or substantial alteration of any tree or habit of any
tree located on any improved real property within the Incorporated
Village of Plandome Manor.
(3)
As to any parcel of land located in an R-110 Zone, the requirements of Subsection A(1) shall only apply as to that portion of said parcel abutting any residential zone in the Village of Plandome Manor and, further, shall apply only to a depth of 50 feet from the line demarcating the abutting residential zone in the Village of Plandome Manor.
B.
It shall be unlawful for any person without a permit
to remove or destroy any tree or to cause, order, direct, permit or
allow the removal or destruction of any tree of any size located on
any unimproved real property within the Incorporated Village of Plandome
Manor.
C.
The foregoing provisions of this section shall not
apply to:
(1)
Horticulture pruning done pursuant to customarily
accepted ornamental or therapeutic practice which does not substantially
alter the habit of the tree.
(2)
Any emergency situation in which the removal, destruction or substantial alteration of any tree is necessary to prevent imminent danger to human life or property. However, any tree removed in an emergency situation shall be replaced in accordance with § 206-5 herein.
[Amended 9-19-2023 by L.L. No. 2-2023]
A.
No person, firm or corporation shall remove any tree
or trees on private property without first obtaining a tree removal
permit.
(1)
If the removal of a tree(s) on private property is in connection with another activity for which a permit is required under § 88-5A of this Code, a tree removal permit application as described in this section is required. In this section a "tree" is defined as any living woody plant which has a DBH of 6.5 inches or more, including its root system and the environment within the area defined by the outermost limits of its branches.
[Amended 9-19-2023 by L.L. No. 2-2023]
B.
If any such tree removal occurs within the six months prior to the filing of an application for a permit required by § 88-5A, the removal of a tree or trees is deemed to have taken place in connection with the permit required by § 88-5A. This subsection shall apply to any tree removal that occurred within the six-month period prior to the effective date of this subsection.
C.
In addition to the information required in § 88-5B of this Code, an application for a tree removal permit shall also include the following information:
(1)
The name and address of the applicant and status of
legal entity.
(2)
The status of the applicant with respect to the land.
(3)
Written consent of the owner or owners of the land,
if the applicant is not the owner or sole owner.
(4)
The location of the property, including the section,
lot and block number and street address.
(5)
The reason tree removal is sought.
(6)
The condition of each tree with respect to disease
and danger of falling.
(7)
A description of the size and type of each tree to
be removed, including common name and/or botanical name.
(8)
Such other information as may reasonably be required
by the Building Inspector to establish compliance with this section,
including, but not limited to, the following:
(a)
A signed statement from a New York State certified
arborist indicating the health of the tree.
(b)
An erosion control plan.
(c)
Photos of each tree to be removed.
(d)
A survey noting the location of any structures
or utilities endangered by the tree.
(e)
Alternative mitigation if the tree acts as a
visual and/or noise barrier to a road or highway.
(f)
Proposed methods to ensure the protection of
remaining trees. A copy of Tree Standards and Specifications will
be provided to the applicant.
(g)
Flagging of each tree to be removed.
D.
In making the determination to grant or deny the application,
the Building Inspector shall be guided by the following criteria:
(1)
The ability of the applicant to rearrange the layout
of proposed structures to minimize the removal of trees.
(2)
The necessity of removal or alteration of the tree
in question.
(3)
The condition of the tree with respect to disease
and danger of falling. In the event that the diseased condition of
the tree is not evident, the Building Inspector maintains the right
to require the applicant to submit proof from a New York State certified
arborist.
(4)
The proximity of the tree to proposed or existing
structures.
(5)
Whether the tree endangers the usefulness of a public
sewer or public utility.
(7)
The effect of the removal on:
(8)
Whether a denial of the permit will result in unnecessary
hardship or severe financial loss to the applicant.
E.
In the event that the Building Inspector denies a
request for a tree removal permit, the applicant may appeal his decision
to the Board of Zoning Appeals.
F.
No permit will be issued for tree removal unless:
