[Ord. #515, S 97-1]
As used in this Chapter:
TREE
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:
a. Cut, break, damage, remove or kill.
b. Cut, disturb or interfere in any way with any root.
c. Spray with any chemical which may be injurious to the tree.
d. Place or distribute chemicals, including but not limited to salt,
deleterious to tree health.
e. Maintain a stationary fire or device which vaporizes innocuous fumes
deleterious to tree health.
f. 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:
a. The name and address of the applicant.
b. The location of the property.
c. A plot plan where any building(s) is to be erected.
d. The name and address of the property owner if other than the applicant.
e. The number, type and location on the property of the tree or trees
sought to be cut, removed or destroyed.
f. The purposes for which the application is being made.
g. 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:
a. Hardship or danger to adjacent property.
b. Removal of diseased or damaged trees.
c. Transplanting or removal in a growing condition to other locations.
d. Installation of utilities or drainage of surface water.
e. 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).
f. If the trees are on areas with cuts or fills of land considered injurious
or dangerous to the trees.
[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:
a. 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.
b. 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.