[Ord. #515, S 97-1]
As used in this Chapter:
- shall mean any living deciduous tree having a trunk of a diameter greater than two and one-half (2 1/2") inches, any living coniferous tree having a diameter greater than two (2") inches, and any holly having a diameter greater than one (1") inch, measured at a point four and one-half 4 1/2') feet above the existing grade.
[Ord. #515, S 97-2]
It shall be unlawful and a violation of the provisions of this Chapter for any person to do any of the following acts to any tree growing in the Borough without having obtained a permit as provided in this Chapter:
Cut, break, damage, remove or kill.
Cut, disturb or interfere in any way with any root.
Spray with any chemical which may be injurious to the tree.
Place or distribute chemicals, including but not limited to salt, deleterious to tree health.
Maintain a stationary fire or device which vaporizes innocuous fumes deleterious to tree health.
Disturb soil in any manner that will disturb the root systems.
[Ord. #515, S 97-3]
Application for a permit shall be made directly to the Zoning and Code Enforcement Officer and shall contain:
The name and address of the applicant.
The location of the property.
A plot plan where any building(s) is to be erected.
The name and address of the property owner if other than the applicant.
The number, type and location on the property of the tree or trees sought to be cut, removed or destroyed.
The purposes for which the application is being made.
A statement by the applicant setting forth the total number of trees on the same lot or tract for which he/she has been previously granted permits and the dates the permits were issued.
[Ord. #515, S 97-4]
The following shall be legitimate but not exclusive reasons for the removal, cutting or destruction of a tree:
Hardship or danger to adjacent property.
Removal of diseased or damaged trees.
Transplanting or removal in a growing condition to other locations.
Installation of utilities or drainage of surface water.
If the trees are on areas to be occupied by buildings, driveways or recreation areas and are within a distance of fifteen (15') feet from the perimeter of the building(s).
If the trees are on areas with cuts or fills of land considered injurious or dangerous to the trees.
[Ord. #515, S 97-5]
The permit fee for trees located on a residential building lot shall be two ($2.00) dollars per tree, up to a maximum of ten ($10.00) dollars per lot, and two ($2,00) dollars per tree, up to a limit of forth ($40.00) dollars per acre for any other area.
No fees shall be charged for living trees transplanted to a suitable habitat.
[Ord. #515, S 97-6; New]
If a site plan is required, then the procedure in paragraph b. shall be followed. If a site plan is not required, then the Zoning and Code Enforcement Officer may issue a permit for the removal of the tree or trees.
If the total number of trees an applicant desires to remove, cut or destroy, when added to the previous number of trees permitted to be removed, cut or destroyed on the same tract or lot of land is greater than five (5), then prior to the issuance of a permit, the following procedures must be followed:
The lands covered by each application shall be viewed by the Borough Engineer, who shall inspect the trees which are the subject of the application as well as other physical conditions existing on the property.
The Borough Engineer, after viewing the lands in question, shall submit a report to the Zoning and Code Enforcement officer along with his recommendation as to whether the application should be approved or disapproved.
The Borough Engineer shall include in his report the estimated effect that the removal of the trees will have on soil erosion, dust and costs to control drainage. Additionally, the Borough Engineer should consider whether or not the destruction, cutting or removal would impair the growth and development of the remaining trees on the applicant's property or the adjacent properties, would lessen property values in the neighborhood and would substantially impair the aesthetic value of the area.
Within five (5) days after receipt of the Borough Engineer's report, the Zoning and Code Enforcement Officer shall notify the applicant, in writing, of the date, time and place of a hearing regarding his application, which hearing date shall not be later than fifteen (15) days after the Zoning and Code Enforcement Officer receives the Borough Engineer's report.
Along with the Zoning and Code Enforcement Officer, the Borough Engineer and a member of the Environmental Commission, who shall be chosen by the members of the Environmental Commission, shall participate in the hearing. The applicant may present any evidence which he/she deems relevant to his application, and all parties claiming an interest in the proceeding may be heard.
Approval or disapproval of the application will be determined by a majority vote of those officials participating in the hearing. The applicant will be notified, in writing, within five (5) days of the determination and the reasons therefor.
[Ord. #515, S 97-7; New]
Permits shall be required to do any of the acts enumerated in Section 13-2, except in the following cases:
For any tree located on a tract of land one (1) acre or less in size which is being used exclusively for residential purposes. Vacant land which is zoned or intended for residential use shall be covered by permit.
For any tree growing on property actually being used as a tree nursery, garden center or orchard.
[Ord. #515, S 97-8]
Each tree cut, damaged or destroyed in violation of this Chapter shall be deemed to be a separate and distinct violation. Any person violating any of the provisions of this Chapter shall be liable to the penalty as established in Chapter I, Section 1-5.