The Board of Trustees of the Incorporated Village of Plandome
hereby finds that it has been established that trees stabilize the
soil and control water pollution by preventing soil erosion and flooding,
absorb air pollution, provide us with oxygen, yield advantageous microclimatic
effects, have an intrinsic aesthetic quality, protect and increase
property values, offer a natural barrier to noise and provide a natural
habitat for wildlife, and that the removal or destruction of trees
causes deprivation of these benefits and disruption of the fundamental
ecological system of which they are an integral part. It is the intent
of this chapter to promote the health, welfare and safety of the present
and future residents of the Incorporated Village of Plandome by regulating
the removal and destruction of trees within its boundaries so as to
secure for them these benefits.
As used in this chapter, the following terms have the meanings
indicated:
APPLICANT
The owner of real property or the duly authorized agent of
such owner, seeking a permit to remove a tree or trees, or to conduct
activities that may require protection of trees on such property from
damage or destruction.
HABIT
The natural growing characteristics of any tree, which include
branch spread and distribution, branch height above ground and root
spread and distribution.
PERSON
Any individual, corporation, company, firm, partnership,
limited liability company, association, public utility, or other entity
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.
REMOVAL
The actual removal or causing the effective removal through
damaging, poisoning or harming by other direct or indirect actions
that a reasonable person would expect to cause the death of a tree,
either immediately or within the course of time.
SUBSTANTIAL ALTERATION
Any cutting, pruning, elevating or other alteration of the
habit of a tree which impairs or endangers the life of such tree or
destroys its natural symmetry, and includes but is not limited to
heavy or unnecessary cutting of top branches (topping), cutting of
major lower limbs (severe elevating) and drastic: pruning, but shall
not include customarily accepted maintenance or ornamental procedures.
TREE
Any living woody plant, including its root system and the
environment within the area defined by the outermost limits of its
branches, the trunk of which has a diameter at breast height of 10
inches or more.
UNLAWFUL ACT
The performance of any act or the creation of any condition
prohibited by this chapter or any regulations established or directions
issued pursuant to its terms or the failure to comply with any requirements
established by such chapter, regulations, or directions.
VILLAGE
The Incorporated Village of Plandome.
VILLAGE OFFICIAL
The Village Building Inspector or such other person as may
be duly appointed by the Mayor and the Board of Trustees to carry
out any of the duties set forth in this chapter.