[HISTORY: Adopted by the Board of Trustees of the Incorporated
Village of Plandome 10-10-2017 by L.L. No. 2-2017. Amendments noted where applicable.]
GENERAL REFERENCES
Trees — See Ch. 153.
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:
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.
The Design Review Board of the Incorporated Village of Plandome.
The diameter of a tree measured at a height four feet six
inches from the ground.
The natural growing characteristics of any tree, which include
branch spread and distribution, branch height above ground and root
spread and distribution.
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.
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 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.
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.
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.
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.
The Incorporated Village of Plandome.
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.
A.
It shall be an unlawful act for any person to remove or substantially
alter a tree on any non-Village-owned property within the Village
unless:
(1)
A permit for tree removal or substantial alteration only (that is,
without other changes to the property that would require approval
by the Design Review Board) is first obtained from the Village Official
in accordance with the provisions of this chapter and the regulations
promulgated thereunder; or
(2)
The tree removal or substantial alteration work is done as specified
in a site plan accepted and approved by the Design Review Board as
part of an approved building permit for the real property on which
such tree is located; or
(3)
The alteration of habit by the pruning of such tree is in accordance
with customarily accepted maintenance or ornamental procedures; oi
(4)
In the event of a life- or property-threatening circumstance requiring
the emergency removal or substantial alteration of a tree, in which
case the Village Official, or, in his absence, the Foreman of the
Department of Public Works, or a person designated by the Mayor, may
authorize the removal or substantial alteration, which shall be certified
in writing by the person giving such authorization either before or
after the event as circumstances require.
A.
Any applicant desiring a tree removal permit pursuant to § 153-3A(1)
of this chapter shall submit a written application to the Village
Official, together with any filing fee that may from time to time
be required by resolution of the Board of Trustees. The application
shall include the following information:
(1)
The name and address of the applicant, and, if the applicant is a
legal entity, its status;
(2)
Status of the applicant with respect to the real property on which
the tree(s) is located;
(3)
Written consent of the owner of such real property if the applicant
is not the owner;
(4)
Name of the person preparing any map, diagram or drawing submitted
with the application;
(5)
The location of the property by street address and lot numbers as
shown on the Nassau County Land and Tax Map;
(6)
The designation of any tree(s) proposed to be removed or substantially
altered pursuant to the permit being sought;
(7)
A diagram or photograph of the real property specifically designating
the area or areas of proposed tree removal or substantial alteration;
(8)
The reason for the proposed tree removal or substantial alteration.
B.
Any applicant desiring to remove or substantially alter one or more trees pursuant to § 153-3A(2) of this chapter in connection with construction, alteration or other work for which a building permit is required shall submit a site plan pursuant to § 175-34.3C of this Code, which, in addition to information required thereunder, shall include the following information:
(1)
The location of all proposed structures and driveways on the property;
(2)
Any proposed grade changes that might adversely affect or endanger
any trees on the site other than those for which the permit is being
sought;
(3)
The proposed use of any area on the property from which a tree is
proposed to be removed or substantially altered pursuant to the permit
being sought;
(4)
A description of the methods intended to be used to protect any trees
on the site, other than those for which the permit is being sought,
from damage during the work under the building permit applied for,
which methods shall comply with any regulations for such protection
that the Design Review Board may from time to time adopt;
(5)
A description of the methods to be used to preserve, after construction
is concluded, all remaining trees and their root systems from damage
due to further activities such as landscaping and corrective action
at the building site, and the means of providing water and nutrients
to their root systems thereafter;
(6)
A designation of all materials to be planted with an indication of
the size, species, methods of planting and location;
(7)
Any other information that the Design Review Board may deem necessary
or desirable.
C.
Application fees.
(1)
Applications to a Village Official to remove or substantially alter a tree under § 153-3A(1) shall be subject to a fee set by resolution of the Board of Trustee and shall be included in Chapter 87, Fees, as time to time amended or updated.
(2)
Applications to the Design Review Board to remove or substantially
alter a tree under § 153-3A(2) shall not be subject to an
additional fee except the ordinary fee associated with a DRB review.
A.
The decision of the Village Official under § 153-3A(1)
or the Design Review Board under § 153-3A(2) to permit the
removal or substantial alteration of a tree or trees shall take into
account the following considerations:
(1)
The location and size of the tree or trees to be removed or substantially
altered;
(2)
The condition of the tree or trees with respect to disease and potential
for creating hazardous conditions;
(3)
The proximity of the tree or trees to existing or proposed structures
and utility appurtenances;
(4)
The reason for the proposed removal or substantial alteration;
(5)
The environmental effect of the proposed removal or substantial alteration,
including but not limited to the effect on erosion, soil moisture
retention, the flow of surface waters and drainage, the water table,
water quality and aquifer recharge, air movement and air quality,
noise pollution or abatement and other existing vegetation;
(6)
The number and density of trees in the area and the effect of the
proposed removal or substantial alteration on property values of the
neighborhood;
(7)
The adequacy of the plans for protection of remaining trees from
damage during construction and for providing for the preservation
of such remaining trees after construction is concluded;
(8)
The extent to which the removal or substantial alteration would impair
existing buffering between the property and neighboring sites and
the extent to which such impairment would adversely affect the use,
enjoyment and value of such neighboring property;
(9)
The extent to which any adverse impacts of the proposed removal or
substantial alteration are mitigated by proposed replanting of new
trees or other vegetation;
(10)
The ease with which the applicant can revise a proposed improvement
or construction to accommodate existing trees;
(11)
The economic hardship that would be imposed on the applicant
if the permit were denied.
B.
For help in making these assessments, Village Official under § 153A-3A(1) or the Design Review Board under § 153A-3A(2) shall have the authority to engage a professional arborist as needed, with any costs to be paid by the applicant.
A.
A violation of any of the provisions of this chapter shall constitute
a violation under the Penal Law of the State of New York and each
such a violation shall be subject to a fine of not more than $25,000.
Each tree which is cut down, removed or destroyed and each tree the
habitat of which is substantially altered in violation of the provisions
of this chapter shall constitute a separate violation.
B.
In addition to the above penalties, any owner of real property who
has violated or permitted a violation of this chapter upon such real
property may be directed by the Design Review Board to replace, with
new trees having a diameter at breast height as may be reasonably
determined by such Board, any trees removed, destroyed, or substantially
altered in violation of this chapter. Where such a direction has been
made, no building permit or certificate of occupancy shall be issued
for structures on such real property until such direction has been
fully complied with. Each tree not replaced in accordance with such
a direction shall constitute a separate violation under this section.
C.
In addition to any other remedy provided by this law, this chapter
may be enforced by a civil action or proceeding by the Village, including
a proceeding for injunctive relief.
