Village of Plandome Manor, NY Tree Replacement

[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:

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.

The tree(s) to be planted in replacement shall be located in an area of the property that complements existing or proposed structures.

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).

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.

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.

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.

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.