[L.L. No. 3-2010, § 1]
The Village of Tuckahoe has a vital interest in the planting
and preservation of trees within its borders. Trees provide necessary
shade, green space and aesthetic appeal; they impede soil erosion,
inhibit excess runoff and flooding, reduce air pollution, aid in mitigating
noise, and provide other environmental benefits. The uncontrolled
destruction of trees deprives the community of all these benefits.
The purpose of this chapter is to preserve trees and minimize damage
and removal, thereby enhancing the health, property values and general
welfare of the residents of the Village of Tuckahoe.
[L.L. No. 3-2010, § 1]
As used in this chapter, the following terms shall have the
meanings indicated:
ACTUAL ONGOING EMERGENCY CONDITION
A condition in which severe weather, storms, natural or nonnatural
causes severely affect the integrity of a tree and such condition
poses an immediate threat to life, property or the general public.
CALIPER
The diameter of a tree trunk measured at a point six inches
above the root crown or as defined by the American Nursery Association
(ANA).
CERTIFIED ARBORIST
An arborist or firm certified by the International Society
of Arboriculture or another nationally recognized arboricultural organization.
DBH DIAMETER BREAST HEIGHT
The diameter of a tree measured at a point 4 1/2 feet
above ground level at the base of the tree on the uphill side.
HERITAGE TREE
A tree designated by the Village with the consent of the
owner upon a finding that the tree is unique and/or of importance
to the community.
INJURY TO TREES
Any action, during the course of permitted or nonpermitted
work that causes significant damage to a tree that causes or is likely
to cause the death of the tree.
INVASIVE SPECIES
Nonnative species that adversely affect the habitats they
invade economically, environmentally or ecologically and are listed
in the Invasive Plant Atlas of New England (IPANE), as amended.
PERSON
Any individual, firm, partnership, association or corporation
or other legal entity.
PUBLIC TREE OR SHRUB
Trees, shrubs, bushes on land within the property lines of
all streets or avenues, rights-of-way, park areas and/or other property
owned by the Village.
REPLACEMENT TREE
Any tree planted under the provisions of this chapter or
required by a decision of the Building Inspector, Superintendent of
the Department of Public Works or the Planning Board. Replacement
trees shall not be an invasive species or smaller than three inches
in diameter at the time of planting, unless specifically approved
as part of a tree replacement plan.
TREE PRESERVATION FUND
A fund established by the Village to receive payments pursuant
to this chapter; as well as voluntary donations which are to be used
in accordance with this chapter or to augment the planting of public
trees.