It is the purpose of this chapter to prevent
environmental degradation; to preserve existing natural resources;
to control the indiscriminate and excessive cutting and destruction
of trees; to prevent the destruction of the aesthetic character of
established neighborhoods within the Borough; and to provide for the
replacement of trees when removed.
[Amended 3-3-2022 by Ord. No. 2022-2]
As used in this chapter, the word "tree" shall
mean any woody plant having a diameter greater than six inches as
measured at a height of four feet six inches from the existing grade
(i.e., at its base).
It shall be unlawful to remove, destroy or substantially
alter in such a way as to impair or endanger the life of any tree
without first obtaining a tree removal permit.
The cutting, pruning or trimming of trees in
a manner which is not harmful to the health of the tree and which
will not endanger the tree's continued vitality is permitted.
[Amended 10-23-2003 by Ord. No. 2003-35]
Except as provided in §§
156-7 and
156-8 herein, all applications for a tree removal permit shall be filed with the Borough's Construction Official, who shall maintain an index of all such applicants. Applicants shall be required to submit the following information: name and address; tax block and lot; description of the property; purpose for the proposed tree removal; tree species, size and condition; a sketch, indicating the location of the tree(s) proposed for removal in relation to all structures on the property; and a filing fee in the amount of $75 per tree to be removed. The filing fee (not the application) is hereby waived for all owner-occupied single- and two-family homeowners, in the event that only one tree is being removed.
[Amended 10-23-2003 by Ord. No. 2003-35]
A. Upon the filing of an application for a tree removal permit under §
156-5 herein, and prior to the issuance of a tree removal permit, the Borough's Construction Official shall inspect the property which is the subject of the application, and in particular the tree(s) to be removed. The Construction Official shall issue a tree removal permit, provided one or more of the following criteria are met:
(1) The tree is dead, diseased or in danger of falling;
(2) The tree interferes with necessary utility service;
(3) The tree creates an unsafe condition or poses a threat
to public health and safety;
(4) The tree conflicts with other municipal ordinances
or regulations.
B. Notwithstanding the foregoing criteria, owners of
single-family and two-family residences may remove one tree each three
years, without satisfying the above criteria.
[Amended 3-3-2022 by Ord. No. 2022-2]
In connection with any trees to be removed under §§
156-7 and
156-8 herein to accommodate buildings, driveways, parking areas, lawn and recreation areas, etc., the following replacement/mitigation standards shall apply:
A. For every one tree removed, one replacement tree shall
be provided on site for every 12 inches of tree diameter removed;
B. Replacement trees shall be a minimum 3 1/2 inches
caliper nursery grade stock and of the same species of the tree to
be removed; or alternatively, a species that is natural to the area;
C. Where on-site replacement is not feasible, the applicant
shall be required to pay a fee to the municipal tree replacement fund
in an amount equal to the following amounts per tree to be removed:
(1) $500
per tree with a diameter of six inches to 24 inches.
(2) $1,000
per tree with a diameter greater than 24 inches.
[Amended 12-12-2002 by Ord. No. 2002-54; 3-23-2006 by Ord. No. 2006-16]
Any person who removes one or more trees without
a permit shall be subject to a fine up to $2,000 or a jail term not
to exceed 90 days, or both. Each tree removed without a permit shall
be considered a separate violation.
The terms of this chapter are hereby declared
to be severable; should any part, portion or provision be deemed invalid
or unconstitutional, said finding shall not affect any other part,
portion or provision thereof.
This chapter shall take effect immediately upon
final passage and publication according to law.