Permit required for tree removal. No property owner,
tenant or any other person shall remove or destroy, or cause to be
removed or destroyed, by any person or entity, any specimen of tree
over 12 inches in caliper on any unimproved or vacant tract of land,
or on any other parcel or plot of land within the borough, unless
a permit is obtained for such removal. A permit shall be obtained
from the Construction Official, upon application being made therefor
and a fee of $10 with each application is paid.
Application information. An application for a permit
for removal or destruction of any tree or tract where no building
permit is requested or contemplated shall contain the name of the
applicant, name of the owner of the property, with consent of the
owner, if different from the applicant, location and species of trees
on a sketch of property and reasons for the removal or destruction.
In the event that an application for tree removal is sought in connection
with a building permit, a site plan or plan showing the location of
species of trees on site and which trees on the property are to be
removed, together with the condition of such trees shown on the plan,
by an architect or engineer, under the seal of such architect or engineer,
shall be provided.
Appeal. In the event of denial of any permit, the
applicant seeking appeal from the decision of the Construction Official
shall proceed before the Board of Adjustment as provided by statute.
Hardship, in which such cases shall be based upon
an examination of all circumstances considering the applicant's hardship.
If the hardship of the owner outweighs the public benefit promoted
by retention of trees, the hardship requirement removal may be found
to exist.
In any area to be occupied by a building, driveway,
walkway, drainage field, septic tank, recreation area (tennis courts,
swimming pools or similar facilities), may have the trees removed,
but not more than 15 feet around the perimeter of such facility.
The area that has a cut or fill deemed injurious or
dangerous to trees may have removal of trees in such area, as determined
by the Construction Official.
The Construction Official shall view the land where
the tree or trees are to be removed, as well as drainage or other
physical conditions existing on subject or adjoining property.
The permit shall be granted if there is a finding
that the removal and destruction will not impair the growth and development
of the remaining trees on the property of the applicant or adjacent
properties, and would not cause erosion of soil, impair existing drainage,
lessen property values in the neighborhood or impair the aesthetic
values of the area.
Protection of trees. No soil material, permanent or
temporary, shall be placed within six feet of any tree. Where grading
may be required, trees shall be walled into the outer crown of the
tree.
No structure, equipment or removable machinery which
would injure the trees shall be permitted to operate within six feet
of any trees in order not to disturb the soil or compact it so as
to injure the tree or tree roots.
Prior to removal for construction activity, all trees
to be retained shall be tagged. Such tagging shall be reviewed by
the office of the Construction Official.
Replacement of trees. To the extent possible, the
elimination of any deciduous tree of required caliper shall be replaced
in equal number by a tree of at least three-inch caliper, the species
of which is either identical to the tree being removed or is otherwise
referred to in the United States Soils Conservation Services as compatible
with the soil type or a coniferous tree of at least eight feet in
height at the time of planting. Coniferous trees shall be replaced
by similar coniferous trees of at least eight feet in height at time
of planting.
Any person violating any of the provisions of this
section shall, upon conviction, be subject to a fine not exceeding
$500 or imprisonment in the county jail for a term not exceeding 90
days, or both, and a period of community service not to exceed 20
days. Each tree removed in violation of this section shall be deemed
to constitute a separate and distinct offense and violation of this
chapter.