A landscape buffer shall be provided in any nonresidential zone and for any nonresidential use where a development abuts a residential zone or residentially developed property. The buffer shall provide a year-round visual screen to minimize adverse impacts from the site on adjacent properties. The following buffer area and landscaping requirements shall apply, unless a different requirement is set forth elsewhere in this chapter:
A. 
The following buffer widths are required:[1]
District
Required Buffer
(feet)
Side
Rear
CBD, CO, O
10
10
LM, RW, LB-1, LB-2, LB-3
10
20
SC, HSO
15
25
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Buffer areas will be contiguous with residential property lines and shall be of uniform width.
C. 
If the buffer is less than 20 feet wide, the applicant may be required to erect and landscape a six-foot-high stockade fence within the buffer area, parallel to the lot line of the abutting residential lot.
D. 
Buffer areas shall be maintained and kept clean of all debris, rubbish, weeds and tall grass. Any screen planting shall be maintained permanently, and any plant material which does not live shall be replaced within one year or one growing season.
E. 
No structure, activity, storage of materials, driveways or parking of vehicles shall be permitted in the buffer area, except permitted signs as specified in the district regulations.
F. 
Requirements for planting in buffer area.
(1) 
A solid and continuous landscaped screen shall be planted and maintained around parking and loading areas, eliminating glare of vehicle lights and enhancing the building from the abutting residential areas. The landscaped screen shall consist of evergreen trees, such as hemlock, Douglas fir, Norway spruce, etc. Evergreen trees shall not be less than five feet high when planted, and the lowest branches shall be not more than one foot above the ground. In the event that the existing evergreen trees do not cover the required area from the ground, said landscaping screen shall be supplemented with evergreen shrubbery.
(2) 
In addition to the landscaped screen, shade trees may be required.
(3) 
If the buffer area includes existing growth of evergreen and deciduous trees and shrubbery, but not enough to provide a suitable screen as required above, existing trees and shrubbery may remain and shall be supplemented by additional evergreen plantings to provide the required landscaped screen. In the event the approving authority finds that further plantings of evergreens will not grow satisfactorily in said buffer areas, stockade fencing, six feet high, shall be erected in the buffer area.
G. 
The approving authority shall have the power to waive any of the requirements or details specified above if it determines an adequate buffer can be provided in less than the required width while maintaining the purposes of this section. The approving authority, when considering waiving any of the buffer requirements, shall review the proposed plat and the standards and purposes of this chapter and, to these ends, shall consider the location of buildings, parking areas, outdoor illumination and topographic features of the area and existing features, such as trees and streams; the efficiency, adequacy and safety of the proposed layout of driveways, streets, sidewalks and paths; the adequacy and location of screening and parking areas, structures and uses; and such other matters as may be found to have a material bearing on the above standards and objectives.
No person shall do or cause to be done any of the following acts affecting trees, shrubbery or ornamental material planted or growing naturally within the rights-of-way or public places under the jurisdiction of the Borough, except with a written permit obtained from the Construction Official or other approving authority:
A. 
Cut, trim, break, disturb the roots of, or spray with defoliants any living tree or shrub, or injure, misuse or remove any structure or devices placed to support or protect any tree or shrub.
B. 
Place or remove, or climb with spikes, any living tree or shrub.
C. 
Fasten any rope, wire, electric attachments, sign or other device to a tree or shrub or to any guard about such tree or shrub.
D. 
Close or obstruct any open space provided about the base of a tree or shrub to prohibit the access of air, water or fertilizer to the roots of such tree or shrub.
E. 
Pile any building material or make any mortar or cement within six feet of a tree or shrub.
F. 
Change the grade of the soil within the limits of the lateral spread of the branches of any such tree.
G. 
Wire, cable and electric current. Every person having control over any wire for transmission of an electric current along a public highway shall, at all times, guard all trees through which, or near which, such wire passes against any injury from the wire or cable or from the electric current carried by it. The device or means used shall in every case be subject to approval by the Department of Construction Official.
H. 
Guy wires and braces prohibited. No person shall place any guy wire, brace or other device on any tree in such a manner as to injure it.
I. 
Chemical damage. No person shall permit any brine, gas or injurious chemical or liquid to come in contact with the stump or roots of any tree or shrub upon a public roadway other than routine salting for hazardous road conditions as affect the health and safety of the general public.
J. 
Interference with Department of Construction Official. No person shall prevent, delay or interfere with any lawful work undertaken by the Department of Construction Official or its authorized agent.
A. 
Removal required; notice. In case any tree or shrub or any part thereof along the public roadway shall become dangerous to public safety, the owner of the property in front of which such tree or shrub is located shall forthwith remove the same, or the required part thereof, upon receipt of written directive to that effect from the Department of Construction Official.
B. 
Standard established. The owner or tenant of any lands lying within the Borough shall keep all brush, hedges and other plant life, growing within both 10 feet of any roadway and within 25 feet of the intersection of two roadways, cut to a height of not more than 2 1/2 feet. This shall not require the cutting down of any trees where there is vision through the trees at a height of between 2 1/2 feet from the ground and eight feet from the ground.
C. 
Removal by Borough. If the owner fails to remove the tree or shrub or portion thereof within two weeks after receipt of written notice to do so, the work shall be performed by the Borough under the supervision of the office of the Zoning Officer, or a designated agent of the Borough, who shall certify the cost thereof to the Council.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
Costs charged against lands; lien established. Upon receipt of the certified costs, the Borough shall examine same and, if found correct, shall cause the costs to be charged against the lands or, if the Council deems the costs to be excessive, shall cause the reasonable cost thereof to be charged against the lands. The amount so charged shall forthwith become a lien upon the lands and shall be added to and become and form part of the taxes next to be assessed and levied upon the lands, the same to bear interest at the same rate as other taxes, and shall be collected and enforced by the same officer and in the same manner as taxes.
If any person shall continue to violate any of the provisions of this chapter, after being duly notified of such violation, or shall neglect or refuse to comply with any lawful order of the office of the Zoning Officer, such violator shall be punishable as provided in § 195-83L of this chapter.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Findings. The development of unimproved or vacant land for the purpose of erecting home sites can result in indiscriminate and excess cutting of trees upon tracts of land and can create increased surface drainage and soil erosion, thereby increasing municipal costs to control drainage within the Borough. Excessive removal and destruction of trees impairs the stability and value of improved and unimproved real property in such areas, with attendant deterioration of conditions affecting the health, safety and general welfare of the inhabitants of the Borough. Further, regulations for the indiscriminate removal of trees is within the police power of the Borough.
B. 
Definitions. For the purpose of this section, the following words shall have the meanings indicated:
BUFFER AREA
The distance from the side and rear property lines, beginning at the front setback line of the lot and running to the rear line in the case of side lines and for the entire width of the side and/or rear line.
BUILDING PLOT
A parcel of land upon which a building has been or may be erected in accordance with this chapter.
PERMITS
A license issued by the Construction Official to remove or destroy trees from any unimproved or vacant land as defined in this section.
TREE
Any living tree, having a trunk of a diameter of eight inches or greater, measuring at a height of four feet above natural grade.
UNIMPROVED OR VACANT LAND
Such privately owned land upon which no home has been completely built, and for a period of two years after the certificate of occupancy is issued.
C. 
Application of provisions. The provisions of this section shall apply to all unimproved or vacant lands within the Borough.
D. 
Permit required; application procedures.
(1) 
Permit required. No property owner shall remove or destroy, or cause to be removed or destroyed by any person, any tree on any unimproved or vacant tract of land within the Borough unless a permit is obtained for such removal.
(2) 
Application fee. The permit shall be obtained from the Construction Official upon an application being made therefor and a fee of $10 with each application.
(3) 
Application information where no building permit is requested. 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, the name of the owner of property with the consent of the owner, if different from applicant, the location and species of trees on a sketch of the property and the reasons for the removal or destruction.
(4) 
Application information where building permit is sought. An applicant/owner shall file, along with an application for a permit for removal or destruction of trees, where a building permit for construction is being sought, a site plan, a plan showing the location and 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 the architect, engineer or landscape architect, under the seal of such professional.
(5) 
Determination of Planning Board; issuance of permits. The Planning Board shall determine which trees may be removed, and the permit for such removal shall be issued by the Construction Official at the time of the issuance of the building permit.
(6) 
Referral to other agencies. The Planning Board shall refer all applications to the Shade Tree Advisory Committee and/or Environmental Advisory Committee for their examination and opinion. Their report shall be submitted to the Planning Board within 20 days of receipt of same. The Planning Board shall not be bound by the recommendations of these Committees, and failure to submit a report to the Planning Board within 20 days shall not be construed as a restriction at any time following the expiration of the twenty-day period.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(7) 
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.
E. 
Standards for removal. The following shall be the standards to be applied in determining which tree may be removed:
(1) 
Hardship in such cases shall be based on 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 requiring removal may be found to exist.
(2) 
Any area to be occupied by a building, driveway, walkway, or 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 facilities, provided the required buffer is not impacted. If no such facilities are provided, the trees may be removed within 20 feet of the rear of a dwelling, provided that in no event shall trees be removed from the rear yard buffer, except as permitted in this chapter.
(3) 
The area in the required buffer shall remain undisturbed except for supplemental grading as approved by the Planning Board, provided that no grading shall be permitted within the dripline of a tree which has a caliper of minimally six inches, and further provided that planting shall be permitted in the required buffer. It is further provided that driveways (or walls supporting same) shall be allowed in a buffer, but in no event shall a driveway be permitted to intrude more than five feet into the buffer. Notwithstanding any other provision herein, no tree in a buffer may be removed.
(4) 
Where the area has a cut or fill deemed injurious or dangerous to trees, there may be removal of trees in such area, as determined by the Construction Official.
(5) 
The Construction Official and/or Borough Engineer 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, and may consider the opinion of the Shade Tree Advisory Committee and/or Environmental Advisory Committee.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(6) 
The permit shall be granted if there is a finding that the removal and destruction will not impair the growth and development of remaining trees on the property of the applicant or adjacent properties and will not cause erosion of soil, impair existing drainage, lessen property values in the neighborhood or impair the aesthetic values of the area.
F. 
Regulations.
(1) 
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 in with extension tile to the outer crown of the tree. No structure, equipment or movable machinery which would injure the tree shall be permitted to operate within six feet of any trees, in order not to disturb the soil and thereby injure the tree prior to removal for construction activity, and all trees to be retained shall be tagged. Said tagging shall be reviewed by the Office of the Construction Official.
(2) 
Exempt lands or activities. The following lands or activities shall be exempt from the provisions of this section: Borough, county and state land.
G. 
Removal of diseased trees; fees for services of tree experts.
(1) 
No fee shall be charged for a permit required for the removal of diseased or damaged trees.
(2) 
In cases where the service of a tree expert is required and where a building permit is applied for at the same time, the cost thereof shall be borne by the applicant, and payment of the same shall be a condition precedent to the release of the bond filed or the issuance of a permit.
H. 
Penalty; replacement schedule.
[Amended 1-18-2011 by Ord. No. 11-04]
(1) 
Any individual, corporation or association violating any provision of this section shall, upon conviction thereof, be punishable by a fine not exceeding $1,000 per offense. The cutting, destruction or removal of each tree shall constitute a separate offense.
(2) 
If trees are cut, destroyed or removed for any reason in conjunction with any land use, development or soil movement activity in excess of the specified number of trees which were approved for removal by the Planning Board or Zoning Board, restitution shall be made by the applicant in accordance with the following schedule:
Diameter of Tree Removed
(inches)
Number of 2-Inch Caliper Trees To Be Provided
8 to 15
6
16 to 24
10
25 to 36
15
37 and over
20