[HISTORY:[1] Adopted by the Township Council of the Township of Galloway
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 189.
[1]
Editor's Note: Former Ch. 283, Sex Offenders’ Residency
Restriction, adopted 7-26-2005 by Ord. No. 1616, as amended, was repealed
5-26-2009 by Ord. No. 1788.
[Adopted 10-25-2016 by Ord. No. 1949-2016]
A.
Authorization. The Township Manager is authorized to provide consent on behalf of the Township to a property owner seeking access to adjacent Township property to perform trimming or clearing of existing trees or other vegetation in order to make the installation by the licensee of a solar energy system or to make the operation of such system more efficient. The Manager shall establish procedures and forms for the submission of a request for the issuance of such a license. The potential licensee shall submit the fee and escrow required by Chapter 189.
B.
Planner and engineer review. The potential licensee shall demonstrate
that the proposed trimming or clearing is reasonably necessary to
make the proposed solar energy system practical or more efficient.
Further, the proposed licensee must demonstrate that the proposed
trimming or clearing is limited to the minimum necessary for the project.
The Township Planner shall evaluate the proposed trimming or clearing
plan and its impact on the area, specifically any potential impact
on surrounding properties. The license may not be granted if there
is a substantial adverse impact on any surrounding property or if
the proposed trimming or clearing is more than the minimum necessary.
A proposed licensee must locate the proposed solar energy system so
as to reasonably minimize the amount of trimming or clearing and the
potential adverse impact on adjoining properties and the neighborhood.
C.
Submission. The request for the license shall be submitted for review
by the Township Planner and, if deemed appropriate by the Manager,
to the Township Engineer.
D.
Plan. The request for the issuance of a license shall include a trimming
or clearing plan sufficient for the Township to evaluate the proposal.
E.
Discretionary. The issuance of a license to allow the clearing or
trimming of trees and other vegetation on Township property or within
Township right-of-way is discretionary and may be denied by the Township.
If the issuance of a license is denied by the Township Manager, the
request may be submitted to the Township Council for review.
F.
Contractor. The proposed licensee must use a reputable and professional
tree trimming service acceptable to the Township Manager. The tree
trimming service must be fully licensed and bonded and shall provide
adequate evidence to the Township Manager prior to the Township providing
consent.
A.
Insurance. Before the issuance of a license, the proposed licensee
shall provide to the Township a certificate or certificates of insurance
evidencing that the licensee or the licensee's contractor maintains
commercial general liability insurance, including, but not limited
to, contractor's liability coverage, contractual liability coverage
and completed operations coverage to afford protection, with respect
to personal injury, death or property damage, of not less than $1,000,000
per occurrence combined single limit.
B.
Indemnification. The licensee, upon acceptance of the license, shall
agree to indemnify and hold the Township harmless from any claims,
losses, costs or expenses caused by the work performed under the license
by licensee or licensee's agent, employees or contractors. This
includes any and all claims, damages, suits, penalties, judgments,
liens, expenses, losses, damages and liabilities (including but not
limited to reasonable attorney and expert fees) in any manner arising
from the licensee's access or entry onto the Township property
or the licensee's breach of the license.
A.
Notice of entry. Prior to entering onto the Township property, the
licensee or the licensee's contractor shall provide at least
48 hours' prior notice to the Township Manager.
B.
Trimming or clearing. All clearing or trimming shall be fully in
accordance with the trimming or clearing plan approved by the Township.
Upon completion of the work, the licensee shall remove and appropriately
dispose of all trimmed or cleared timber and other materials.
C.
Permits and approvals. Licensee shall be responsible for and shall
obtain at licensee's own cost and expense any and all required
governmental permits and approvals necessary for the trimming and
clearing work being undertaken by licensee or licensee's agents,
employees or contractors. All work and activity shall be in full conformance
with all applicable laws, ordinances, rules and regulations of appropriate
governmental authorities.
D.
Liens. Licensee shall keep the Township property free and clear of
any liens resulting from the work and activities undertaken by licensee
or licensee's agents, employees or contractors.
A.
Application form. The request for a license shall be submitted by
submitting an application form which is available from the office
of the Township Planner or Township Zoning Officer.
B.
Plan. The following information shall be provided on the plan to
be submitted with the request:
(1)
Location and identification by size and species of individual trees
sought to be trimmed or removed, plus those trees with a diameter
of 12 inches or greater at 4 1/2 feet above the ground level
within the area of disturbance which are to be preserved.
(2)
Labeling of the entire area indicating tree trimming/removal and
tree protection.
(3)
Limit of disturbance line.
(4)
Areas reserved for topsoil stockpiling and storage of construction
equipment.
C.
Site protection.
(1)
Tree protection measures and the limit of disturbance line shown
on the plan shall be provided in the field with snow fencing or other
durable material and verified by a designated representative of the
Township prior to any disturbance. The snow fencing or other barriers
shall be a minimum of four feet high and remain in place until work
is complete. The barriers must be self-supporting.
(2)
Snow fencing or barriers used for tree protection shall be firmly
secured along the dripline, not less than six feet from the tree trunk.
(3)
The grade of the land within the dripline shall not be raised or
lowered more than six inches. No soil stockpiling or storage of equipment
or vehicles shall be permitted within the dripline or within six feet
of any tree to be preserved, whichever is greater.
(4)
No equipment shall be operated within six feet of any tree protected
by this article, nor shall such equipment be operated at any such
time in such a manner as to injure any such tree.
(5)
Where there is any damage to a tree noted for preservation, the licensee shall take immediate steps to prevent further damage and to repair or assist the tree. If the Township determined that a tree noted for preservation has sustained damage which makes it unlikely to survive long-term, the replacement provisions of § 233-52F(4)(a) shall apply.
A.
Prelicense. Prior to the Township taking any action on an application
for tree trimming or removal on Township property, an inspection of
the site shall be made by the Township. Such inspection shall include
the licensee's property, the Township property which is the subject
of the application and any adjoining land or lands in the vicinity
which could be impacted by the trimming or clearing.
B.
Post-permit.
(1)
Licensee shall notify the Township Planner in writing at least five
business days in advance of the commencement of work, and no work
may commence until the first post-permit site inspection has taken
place and approval is given by the Township.
(2)
The site inspection shall verify:
(a)
All trees identified to be removed or trimmed have been marked
by red ribbons attached to and completely circling the tree trunk
or by red paint sprayed around the trunk.
(b)
All trees identified to be protected are visibly marked by blue
ribbons attached to and completely circling the tree trunk.
(d)
Any areas which may be impacted by tree removal activity or
satisfactorily are protected with silt fencing.
C.
Subsequent inspections.
(1)
Upon approval. Subsequent unannounced inspections may be made at
any time during the tree trimming or removal work to verify continued
site protection.
(2)
Final inspection. Upon completion of the tree trimming or removal
work, the licensee shall notify the Township requesting a final inspection.
The final inspection shall verify that all work has been completed
in accordance with this article and the approved license.
[Amended 12-13-2016 by Ord. No. 1951-2016]
Any violation of this article or the license granted pursuant
to this article shall be subject to enforcement in the Municipal Court
of Galloway and, upon conviction, the licensee or any agent, employee
or contractor shall be subject to a fine of not more than $2,000.
In addition, the Township may pursue any action available at law or
in equity to which it may be entitled, including, but not limited
to, a suit for damages or equitable relief, including specific performance
of the obligations required by this article.
