[HISTORY: Derived from Sec. 4 of the General
Ordinances; amended in its entirety 5-3-2004 by L.L. No. 1-2004. Subsequent amendments
noted where applicable.]
No person shall cut, break or injure any living
tree or shrubbery on any public property or remove any of the same
without having first obtained written permission from the Village
Clerk.
[Amended 7-2-2007 by L.L.
No. 2-2007; 11-3-2014 by L.L. No. 4-2014]
A.
For purposes of this Chapter 122, a "dangerous tree" or "hazardous tree" shall mean either a tree, or any part thereof, that is determined by an ISA-certified arborist retained by the Village to create or present, or to be reasonably likely to create or present, a hazard or danger to any public street, public right-of-way or utility easement, or to any person using, or personal property located in, any public street, public right-of-way or utility easement, or to any utility lines, equipment or appurtenances located within any public street, public right-of-way or utility easement, or any tree, the roots of which are causing damage to curbs, gutters, sidewalks, or to sewer, water or utility mains, lines, equipment or appurtenances, located within any public street, public right-of-way or utility easement.
B.
For purposes of this Chapter 122, a "landowner" shall mean the record owner of any parcel of real property lying located entirely or partially within the Village of Plandome Heights.
C.
For purposes of this Chapter 122, an "abutting parcel" shall mean a parcel of real property located entirely or partially within the Village, and abutting any public street or public right-of-way or subject to any utility easement.
D.
It shall be unlawful for any landowner to allow the existence of
a dangerous or hazardous tree that is overhanging from his abutting
parcel on to, or is otherwise situated on his abutting parcel in proximity
to, any public street, public right-of-way or utility easement such
that it constitutes a "dangerous tree" or a "hazardous tree" with
respect thereto.
E.
The Board of Trustees shall provide for the enforcement of this section
by resolution, at such intervals as it deems appropriate. Upon resolution
of the Board of Trustees requiring that a landowner correct or remove
a dangerous tree or a hazardous tree on his abutting parcel, the Village
Clerk shall give to such landowner written notice that there is a
dangerous or hazardous tree situated on his abutting parcel, and that
failure of said landowner to correct or remove the dangerous or hazardous
tree, as directed in the Board resolution, within 15 days of delivery
of such notice shall constitute a violation of this chapter; provided,
however, that, if within such 15-day period, the landowner contests
in a signed writing to the Village Clerk the Board's determination
that a tree is a dangerous or hazardous tree, setting forth the basis
for the landowner's disagreement, then the Village's ISA-certified
arborist shall make the final determination as to whether corrective
action or removal is needed, and the obligation of the landowner to
take action shall be suspended until that final determination is made,
and notice thereof given to such landowner, as set forth herein. After
any such contest, the arborist, in a signed and dated writing delivered
to the Village Clerk and the contesting landowner, shall determine,
as applicable, whether either his initial determination that the subject
tree is a dangerous or hazardous tree was correct, or the tree is
dangerous or hazardous due to its roots causing damage to curbs, gutters,
sidewalks, or to sewer, water or utility mains, lines, equipment or
appurtenances, located within any public street, public right-of-way
or utility easement. If the arborist's final determination confirms
the need for corrective action or removal of the dangerous tree, then
the failure of said landowner within 10 days of delivery of such confirming
notice to correct or to remove said tree in accordance with such confirming
notice shall constitute a violation of this chapter.
F.
Upon the failure of a landowner to correct or remove a dangerous or hazardous tree on his abutting parcel within the applicable time frame established under the preceding Subsection E, the Board of Trustees may cause said dangerous condition to be corrected, or said dangerous or hazardous tree to be removed, and assess the expense thereof upon the abutting parcel upon which such tree is located. Such charge shall constitute a lien and charge upon such abutting parcel until paid or otherwise satisfied or discharged, and shall be collected by the Village Treasurer in the manner provided by law for the collection of delinquent Village real property taxes.
No person shall remove, prune or do any act
upon any tree located on Village property, except pursuant to an express
written grant of authority by the Village; or harm, damage, cut, trim,
break or otherwise injure any such tree or its roots; or park any
vehicle or machinery, or fuel any such equipment, or pile, heap or
store any building materials, soil, debris or other matter, or make
any mortar or cement or dispose of any paint or other chemical substances
within the drip line of any such tree; or do any other act which a
reasonable person would expect to cause any such tree to die, either
immediately or within the course of time.
A.
Whenever any person shall undertake construction, excavation, grading or filling on private property in the Village, the owner of such property shall cause to be filed with the Building Inspector a site plan which, in addition to any other matters required by law or regulation, shall plainly show the location of all trees on any Village right-of-way adjacent to such property, all routes of access and egress to the construction site intended or available to be used by vehicles or equipment, and a description of the method intended to be used to protect such Village trees as required by Subsection B.
B.
Before commencing any construction, excavation, grading
or filling, the owner shall cause the following precautions to be
taken for the protection of trees located on any adjacent Village
right-of-way:
(1)
With respect to any Village tree having a diameter
of 10 inches or less, at a height of 4 feet 6 inches from the ground,
a stable and substantial fence at least 4 feet high and surrounding
the entire drip line of such tree shall be erected and thereafter
continuously maintained until the conclusion of construction.
(2)
With respect to any Village tree having a diameter exceeding 10 inches, at a height of 4 feet 6 inches from the ground, if it is determined by the Building Inspector that compliance with Subsection B(1) hereof would unreasonably restrict access to the construction site, then a stable and substantial fence at least 4 feet high shall be erected and maintained at the maximum distance from the tree that the Building Inspector determines is feasible, and any portion of the drip line of such tree not enclosed by such fence shall be protected as the Building Inspector may require.
C.
The Building Inspector may impose, in addition to
the above regulations, such other and further requirements as he may
deem necessary to protect and preserve any Village tree from damage
caused by, or as a consequence of construction, excavation, grading,
filling or soil compaction or other root damage.
D.
Whenever there has been any damage to or destruction of a Village tree adjacent to an abutting parcel that was the site of any work for which a building permit is required under the Village Code, at any time commencing with the issuance of the building permit for such work through and including the first anniversary of the issuance of a certificate of completion or occupancy with respect to such work, said damage or destruction shall be deemed to have been caused as a result of such work, and the owner of the abutting parcel upon which such work was performed shall be responsible and liable for a violation of this section, and, if found guilty, shall be punishable as set forth in § 122-6, Penalties for offenses, of this Chapter 122.
[Amended 11-3-2014 by L.L. No 4-2014]
[Amended 7-2-2007 by L.L.
No. 2-2007; 4-6-2009 by L.L. No. 2-2009; 11-3-2014 by L.L. No. 4-2014]
A.
Trees on Village property. If the Board of Trustees determines that any tree on Village property is dangerous or hazardous, then the Board shall determine whether such tree requires corrective action or removal. The Board of Trustees may elect, but is not obligated, to retain an ISA-certified arborist or other person or entity deemed by the Board to have suitable qualifications to advise the Board in making any such determination. Notwithstanding the foregoing, the Mayor may make any such determination, and authorize action with respect to any dangerous or hazardous tree on Village property without Board action if the Mayor determines that prompt action is warranted in order to protect the public health and safety, or public or private property. The cost to the Village of correcting a dangerous condition of a tree on Village property or removing a dangerous or hazardous tree on Village property shall be borne by the Village unless said dangerous or hazardous tree is situated on Village land adjacent to any public street o:fthe Village, i.e., within the Village right-of-way, in which case it will be subject to the following Subsection B.
[Amended 4-10-2019 by L.L. No. 2-2019]
B.
Trees located within the Village right-of-way.
(1)
All trees located within the Village right-of-way shall be maintained, and all dangerous trees or hazardous trees that require removal or corrective action as required in Subsection B(3), below, shall be corrected or removed, by the owner of the abutting parcel that abuts the portion of the Village right-of-way in which any such tree is located.
(2)
The removal of trees shall include the grinding of the stump and
root flares 6 inches to 8 inches below grade, the removal of the grindings
and the installation of topsoil to grade.
(3)
The Board of Trustees shall provide for the enforcement of this Subsection B by resolution, at such intervals as it deems appropriate. Upon resolution by the Board of Trustees requiring that an abutting landowner correct or remove any "dangerous tree" or a "hazardous tree," as defined in § 122-2 above, located within the public right-of-way abutting a paved public street, the Village Clerk shall give to the abutting landowner written notice that there is a dangerous or hazardous tree located on the right-of-way abutting his abutting parcel, and that failure of said landowner to correct or remove said tree within 15 days of delivery of such notice shall constitute a violation of this chapter; provided, however, that if, within such 15-day period, the landowner contests in a signed writing to the Village Clerk the Board's determination that a Village tree in the public right-of-way abutting his abutting parcel is a dangerous or hazardous tree, setting forth the basis for the landowner's disagreement, then the Village's ISA-certified arborist shall make the final determination as to whether corrective action or removal is needed and the obligation of the landowner to take action shall be suspended until that final determination is made, and notice thereof given to such landowner, as set forth herein. After such contest, the arborist, in a signed and dated writing delivered to the Village Clerk and the contesting abutting landowner, shall determine, as applicable, whether either his initial determination that the subject tree is a dangerous or hazardous tree was correct, or the tree is dangerous or hazardous due to its roots causing damage to curbs, gutters, sidewalks, or to sewer, water or utility mains, lines, equipment or appurtenances, located within any public street, public right-of-way or utility easement. If the arborist's final determination confirms the need for corrective action or removal of the dangerous tree, then the failure of said landowner within 10 days of delivery of such confirming notice to correct or to remove said tree in accordance with such confirming notice shall constitute a violation of this chapter.
(4)
Upon the failure of a landowner to correct or remove a dangerous or hazardous tree from the abutting Village right-of-way within the applicable time frame established under the preceding Subsection (3), the Board of Trustees may cause said dangerous condition to be corrected, or said dangerous or hazardous tree to be removed, and assess the expense thereof upon the abutting parcel, and such charge shall constitute a lien and charge upon the abutting parcel upon which it is levied until paid or otherwise satisfied or discharged, and shall be collected by the Village Treasurer in the manner provided by law for the collection of delinquent Village real property taxes.
[Amended 4-6-2009 by L.L.
No. 2-2009; 9-8-2014 by L.L. No. 3-2014; 11-3-2014 by L.L. No. 4-2014]
Any person found guilty of a violation of any of the provisions of §§ 122-1, 122-3, 122-4 or 122-5 of this chapter 122 shall be required to replace any living tree that is damaged or destroyed as the result of such violation with a like tree, in consultation with the Village Arborist as to location, type and size. Furthermore, any person found guilty of a violation of any of the provisions of §§ 122-1, 122-3, 122-4 and 122-5 of this chapter 122 shall be punished by a fine or penalty up to and including $2,500.
[Added 3-15-2012 by L.L. No. 2-2012]
A.
The plant species specified in this section are hereby determined
to be invasive and dangerous to the public health, safety and welfare
of persons and property in the Village. From and after the time any
plant species is placed on such list, no person or entity shall plant,
or cause or permit the planting of, any such plant species in the
Village.
B.
In the event that any such prohibited invasive species is located
on any property in the Village at the time such species is identified
as a prohibited species or is planted on any property in violation
of this section, the owners and occupants of the property on which
such plant is so located or planted shall be responsible for confining
the plant to the property of such owner or occupant and shall take
any and all reasonable action necessary to prevent such plant from
invading any other property in the Village.
C.
The following plant species are prohibited in the Village pursuant
to this section:
(1)
Golden bamboo, also known as "Phyllostachys aurea";
(2)
Japanese timber bamboo, also known as "Phyllostachys bambusoides";
(3)
Common bamboo, also known as "Bambusa vulgaris";
(4)
Arrow bamboo, also known as "Pseudosasa japonica"; and
(5)
Any other species commonly considered to be classified as "bamboo."
D.
Any person who violates any provision of this § 122-7, upon conviction thereof, shall be deemed guilty of a violation pursuant to the Penal Law of the State of New York, punishable as set forth in Article III, General Penalty, of Chapter 1, General Provisions, of this Code. In addition, this § 122-7 may be enforced by civil action, including an injunction, and any owner of real property who has violated, or permitted or suffered a violation, of this section may be directed by the Board of Trustees to install in, on or under his or her property an appropriate barrier to control the spread of any invasive species located on his or her property in violation of this section. Where such direction has been made, no building permit or certificate of occupancy shall be issued for structures on such parcel until such installation has been completed to the reasonable satisfaction of the Village Building Inspector.
