[Amended 9-19-2023 by L.L. No. 2-2023]
Each tree removed with a DBH of 6.5 inches or
greater shall be subject to the tree replacement guidelines enumerated
in this section:
A. Each tree removed shall be replaced with tree with
a DBH of 3.5 inches or greater. If 12 or more trees, regardless of
DBH, are proposed to be removed, then 1/2 the total number of trees
removed must be replaced with trees with a DBH of 3.5 inches or more.
B. The tree(s) to be planted in replacement shall be
located in an area of the property that complements existing or proposed
structures.
C. The proposed location of the new tree(s) shall be
approved by the Building Inspector, unless the tree removal is part
of a plan subject to review of the Design Review Board. If the Design
Review Board shall have jurisdiction over the application, it shall
approve the location of new tree(s).
D. The tree(s) to be planted in replacement shall be
from a similar size class or from a larger size class as the tree(s)
removed. Size classes are enumerated in the Tree Standards and Specifications
to be promulgated by the Building Inspector.
E. If the Building Inspector determines that the site
does not allow for the planting of the required number of trees, the
Building Inspector shall require the applicant to plant the maximum
number of trees possible, and the applicant shall pay an additional
fee to the Incorporated Village of Plandome Manor in an amount to
be established by resolution of the Board of Trustees. The fees collected
pursuant to this section shall be used to create a tree planting program
for the Village of Plandome Manor.
F. If the
application proposes the removal of 12 or more trees regardless of
DBH, the applicant shall only be required to replace 1/2 of the total
number of trees removed. However, the applicant shall be required
to pay a fee to the Incorporated Village of Plandome Manor in an amount
to be established by resolution of the Board of Trustees for the 50%
of trees that will not be replaced, plus an additional fee if the
applicant cannot replace at least 50% of the trees removed.
G. All required tree planting shall occur between April
1 and December 1 and 90 days after the tree removal. If plantings
cannot occur within 90 days of the removal due to the above planting
time restrictions, the Building Inspector shall require the applicant
to make a cash deposit in the form of a certified check payable to
the Incorporated Village of Plandome Manor in an amount which shall
be determined by the Building Inspector to be equal to the estimated
cost of planting the required number of trees and/or shrubs and, if
applicable, stabilizing the site. The term of said deposit shall not
exceed a period of six months, and the deposit shall not be released
until the plantings have been satisfactorily completed in accordance
with the approved tree removal permit.
(1) In the event of a default, such cash deposit shall
be forfeited to the Incorporated Village of Plandome Manor for the
Village's tree planting program, and the applicant shall be found
to be in violation of the conditions of the tree removal permit. The
Building Inspector shall determine the remedy of the violation; however,
in no circumstances shall such forfeiture of the deposit serve as
a remedy of the violation.
(2) Upon satisfactory completion of the contemplated work
in accordance with the application and this chapter, such cash deposit
shall be released by the Building Inspector with the approval of the
Board of Trustees. Satisfactory completion of the work shall be evidenced
by the Building Inspector.
Any person who willfully violates any provision of this chapter or any final determination or order of the Incorporated Village of Plandome Manor Code Enforcement Officer or Board of Trustees made in accordance with this chapter shall, in addition, be guilty of a violation, punishable as provided in Chapter
1, General Provisions, Article
I, Penalties and Assessments.
Nothing herein contained shall abridge or alter
any rights or remedies now or hereinafter existing, nor shall this
chapter or any provisions thereof or any rule or regulation promulgated
thereunder be construed as stopping the Village of Plandome Manor
from exercising its rights and fulfilling its obligations to protect
the public health and welfare. In addition to all other remedies available
to the Village, this chapter shall be enforceable by injunction in
an action brought in the Supreme Court.