A.
Tree Preservation Commission. A Tree Preservation Commission is hereby
created which shall assist the Planning Board or the Board of Adjustment,
as the case may be, in an advisory capacity on tree preservation and
management matters pertaining to the Town. The Tree Preservation Commission
of the Town Council shall consist of seven members, all of whom shall
be residents of the Town, and shall be appointed by the Mayor with
the approval of the Town Council as follows:
[Amended 12-8-2020 by G.O. No. 2202]
(1)
One member shall be a Class IV member of the Planning Board and shall
serve for a one-year term;
(2)
One member shall be a member of the Code Review and Town Property
Committee of the Town Council and shall serve for a one-year term;
and
(3)
Five members shall be from the general public ("general members")
and shall each serve three-year terms.
B.
Functions. The functions and duties of the Commission shall include,
but not be limited to:
(1)
Working with the Code Enforcement Officer in reviewing tree removal
applications;
(2)
Making recommendations regarding the issuance of tree removal permits
to the Planning Board or Board of Adjustment;
(3)
Conducting on-site visits to the properties of applicants before
the Planning Board or Board of Adjustment;
(4)
Creating an inventory of trees on vacant land and subdividable lots;
(5)
Identifying issues of special concern pertaining to tree preservation;
(6)
Developing tree preservation policies;
(7)
Creating and publishing, and/or generally communicating, a recommended
species list of trees for the Town;
(8)
Promoting and encouraging the planting of suitable species within
the Town; and
(9)
Participating in the development, coordination and implementation
of tree planting plans for the Town.
The Tree Preservation Commission may, as a public courtesy,
create an inventory listing the trees on vacant and subdividable lots
in the Town. Upon completion of the tree inventory, the Town Clerk
shall send notices to property owners (as listed in the most current
tax records) of those vacant and subdividable lots which are listed
on the tree inventory. Notwithstanding the foregoing, the absence
of a tree inventory or lack of notice as described herein shall not
be a valid defense to any violation of the provisions of this chapter.
Under the circumstances set forth in this section, no tree shall
be cut or otherwise removed from any lands located in the Town unless
a tree removal permit has been issued from the Code Enforcement Officer.
Tree removal permits are required when an application (as described
in this chapter) has been approved by the Planning Board, the Board
of Adjustment, or the Code Enforcement Officer, whichever is applicable.
A tree removal permit based thereon shall be issued by the Code Enforcement
Officer under the following circumstances:
A.
Where property is being developed and requires subdivision or site
plan approval;
B.
Where Town trees are to be removed [provided that applications for
removal of such trees shall only be made by the adjacent property
owner(s)];
C.
Where properties that contain existing dwellings or structures that
will be removed or demolished to facilitate the construction of a
new or replacement building or buildings within the next one year;
D.
Whenever two or more trees, in the aggregate, having a DBH of eight
inches or more are to be removed from a property over a six-month
period;
E.
Where there is any construction that may affect trees of six-inch
DBH or greater on Town or private property that are not otherwise
approved for removal. These trees shall be protected with a barrier
equal to a one-foot radius for each inch of DBH, with a minimum protective
barrier of a ten-foot radius. Nothing is to be allowed within the
barrier to prevent equipment from damaging the tree roots and to prevent
the piling of soil on the roots. The tree removal application shall
define and specify the placement and location of the barrier devices
to be used to protect the specified trees; or
F.
Where a tree is over 16 inches DBH.
The following shall be exempt from the requirements of this
chapter:
A.
Commercial nurseries.
B.
The Town of Westfield.
C.
Golf courses.
D.
Cemeteries.
E.
Any tree on publicly owned land or public right-of-way and removed
by the public agency or its representatives.
F.
Dead or diseased trees, upon certification by the Code Enforcement
Officer or a qualified New Jersey certified tree expert.
G.
Partially or completely fallen trees by acts of nature, or trees
which, in the opinion of the Code Enforcement Officer, endanger or
create a hazard to public safety.
In all instances in which a tree removal permit is required pursuant to § 29A-7 above, the following requirements shall apply:
A.
Tree removal application. A tree removal application shall be filed,
which shall indicate: i) the name and address of the owner of the
premises; ii) the name and address of the applicant if other than
the owner (accompanied by the owner's consent to the application);
and iii) a description by the lot and block number(s) of the premises
for which the permit is sought. The form of the application shall
be determined by the Code Enforcement Officer and shall be available
from the Department of Public Works. In the case of a subdivision
where the final house footprint and related structures are not known
at the time of the application, the Planning Board or Board of Adjustment,
as the case may be, shall condition its approval upon submission of
a tree preservation plan and proposed planting plan as part of the
construction permit application.
B.
Time and place for filing tree removal applications.
(1)
When property is being developed, and requires subdivision or site plan approval, or which is subject to § 29A-7(c), a tree removal application shall be filed with the Planning Board or Board of Adjustment, as appropriate, at least 28 days prior to the next scheduled Planning Board or Board of Adjustment meeting.
(2)
All other tree removal applications shall be submitted to the Code
Enforcement Officer.
C.
Submission of tree preservation plan in certain circumstances.
(1)
When property is being developed and requires subdivision or site
plan approval. A person developing property which requires subdivision
or site plan approval shall submit, at the same time as his application
for subdivision or site plan approval, a tree preservation plan indicating
proposed locations of roads, lot improvements and existing trees.
(2)
When a demolition permit is sought. When an applicant seeks to demolish
more than 50% of a principal structure in anticipation of immediate
or future redevelopment or reconstruction of that principal structure,
a tree preservation plan shall also be submitted with the tree removal
application, unless the applicant certifies that no trees shall be
removed as part of the demolition and construction.
D.
Contents of tree preservation plan. The tree preservation plan shall
contain the following information:
(1)
A description of the premises upon which tree removal is to take
place by street address and Town Tax Map lot and block number;
(2)
The size of the lot upon which tree removal is to take place;
(3)
A survey of the species and quantity of trees which are to be removed,
setting forth the location and type of each tree having a DBH of six
inches or more;
(4)
Specific proposals for replanting or reforestation, if applicable;
(5)
A description of the type of tree removal project (i.e., thinning,
selective cutting, clear cutting or aesthetic improvement cut and
barrier devices to protect remaining trees);
(6)
Location of streams, watercourses and wetland property;
(7)
Location of slopes greater than 10% where any tree removal is proposed;
(8)
Identification of any grade changes in excess of six inches around
trees to be saved; and
(9)
Identification of all tree protection measures that the applicant
will take, including the erection of silt fencing, construction fencing
and tree preservation fencing.
E.
Submission of the tree preservation plan.
(1)
The applicant shall submit 10 copies of the tree preservation plan
to the Planning Board or the Board of Adjustment, as the case may
be, in accordance with this chapter.
(2)
The applicant shall also submit three copies of the tree preservation
plan to the Code Enforcement Officer at the time of submission to
the Planning Board or Board of Adjustment, to enable the Code Enforcement
Officer to make his or her recommendations to the Tree Preservation
Commission. The Code Enforcement Officer may accompany the Tree Preservation
Commission to the site and assist the Commission in formulating its
recommendations to the Planning Board or Board of Adjustment.
F.
Conditions for issuance of building permit. In circumstances in which
a tree preservation plan is required, no building permit shall issue
unless the applicant has erected, around protected trees, fencing
or other protective barrier acceptable to the Code Enforcement Official.
The protective barriers shall be placed at least 10 feet from the
trunk of any tree and shall remain in place until all construction
activity is terminated. No equipment, chemicals, soil deposits or
construction materials shall be placed within any area so protected
by barriers. Any landscaping activities subsequent to the removal
of the barriers shall be accomplished with light machinery or hand
labor. In those circumstances where the Planning Board or Board of
Adjustment requires that a tree preservation plan be submitted as
a condition to its approval of an application, the approval of the
tree preservation plan by the Code Enforcement Officer or Town Engineer,
as the case may be, shall be a condition precedent to the issuance
of a building permit for any construction to occur on the property
that is the subject of the tree preservation plan. The Town Engineer
or Code Enforcement Officer shall consult with the Tree Preservation
Commission in connection with the approval of the tree preservation
plan.
A.
Reviewing applications when the property is being developed and requires
subdivision or site plan approval. The Planning Board or the Board
of Adjustment, as the case may be, shall review all applications for
tree removal where the property is being developed and requires subdivision
or site plan approval. The Planning Board or Board of Adjustment shall
act on such application in connection with the related development
application at the public meeting concerning the application or within
such additional time as is consented to by the applicant. The Planning
Board or the Board of Adjustment, as the case may be, shall refer
the application to the Tree Preservation Commission for its report
and recommendations. This referral shall be made when the application
for development is deemed complete or is scheduled for a hearing,
whichever occurs sooner. Failure to refer the application as required
shall not invalidate any hearing or proceeding. The Tree Preservation
Commission may provide its advice, which shall be conveyed through
its delegation or one of its members or staff to testify orally at
the hearing on the application and to explain any written report which
may have been submitted by the Commission to the Planning Board or
Board of Adjustment. The Planning Board or Board of Adjustment may
rely on, but is not bound by, the report and recommendations of the
Tree Preservation Commission in reaching its decision to approve or
deny the tree removal application.
B.
Reviewing all other applications. The Code Enforcement Officer shall review all other applications as required under § 29A-7. The Code Enforcement Officer shall act on the application within 20 days of its receipt or within such additional time as is consented to by the applicant. The Code Enforcement Officer shall refer the application to the Tree Preservation Commission for its report and recommendations. The Code Enforcement Officer may rely on, but is not bound by, the report and recommendations of the Tree Preservation Commission in reaching its decision to approve the tree removal application.
C.
Expedited review for applications to remove trees which may be a
hazard to persons or property. The Planning Board, the Board of Adjustment,
or the Code Enforcement Officer, whichever is applicable, shall act
on an application for the removal of a tree which the applicant believes
is a hazard to persons or property within 10 days of its receipt,
or as soon as is practicable. When the application is before the Planning
Board or the Board of Adjustment, such Boards shall refer such applications
to the Code Enforcement Officer for a report and recommendations.
The Planning Board or Board of Adjustment may rely on the report and
recommendations of the Code Enforcement Officer in reaching its decision
to approve the tree removal application. Notwithstanding the foregoing,
in the event that the applicant believes that the condition of a tree
constitutes an imminent hazard to persons or property, the applicant
shall contact the Code Enforcement Officer or other Town official
to make arrangements for elimination of the hazard.
A.
General criteria for approval of a tree removal application. The
determination of the Planning Board, Board of Adjustment or the Code
Enforcement Officer, as applicable, in granting or denying a tree
removal application or a tree removal permit shall be based on reasonable
standards, including, but not limited to, the following:
(1)
Any area to be occupied by a building, drainage field, septic tank,
swimming pool or similar facility may have all trees removed within
15 feet around the perimeter of such facility;
(2)
Any area to be occupied by a paved surface, including, but not limited
to, driveways, sidewalks, and/or patios, may have a tree removed within
five feet of such paved surface;
(3)
Any deviation from the requirements of the above paragraphs contained
in Subsection (a) hereof shall be subject to the review and approval
of the Code Enforcement Officer and Tree Preservation Commission;
and
(4)
Except as permitted in § 29A-11(a)(1), there shall be no
clear cutting permitted on slopes of 10% or greater in grade; however,
selective cutting or thinning is permitted.
B.
Other factors to be considered in an application for removal of any
tree:
(1)
Whether the proposed action would cause soil erosion, impair existing
drainage, lessen property values in the neighborhood or impair the
aesthetic values of the area;
(2)
The number, species, size and location of existing trees in the area
and the effect of the requested action on shade areas, air pollution,
historic values, scenic beauty, and the general welfare of the Town
as a whole;
(3)
The tree's health, the desirability of that species as a Town tree,
and/or the condition and number of other Town trees in the vicinity;
(4)
Whether the tree's condition and size provide a threat of damage
to the property;
(5)
Whether there are other less onerous means of accomplishing the applicant's
goals;
(6)
Preservation of tree clusters;
(7)
Other information the Planning Board, Board of Adjustment or Code
Enforcement Officer, as applicable, finds pertinent to the decision
including, if necessary, information obtained at a public hearing;
and
C.
Intent. The spirit of the provisions of this section shall be to
grant permits in such a way that the Town can meet its goals, including,
but not limited to, preserving the environment, controlling drainage,
preserving privacy and maintaining aesthetic and economic values in
the Town.
A.
Specific conditions. The Planning Board, Board of Adjustment or the
Code Enforcement Officer, as applicable, shall have the discretion
to impose specific conditions on the holder of a tree removal permit.
Specific conditions may include, but are not to be limited to, requiring
replacement trees, selecting the type of trees to be preserved and
selecting the location of the trees to be preserved.
B.
Special condition for removal of 75% or more trees. If an applicant seeking a tree removal permit pursuant to § 29A-7 seeks to remove more than 75% of the trees on a site, the applicant or owner shall make a contribution to the Tree Trust Fund in the amount of $500 for each tree above the 75% threshold that will be removed. Payments made thereunder shall be designated for the sole purpose of replanting trees in the Town as performed by the Department of Public Works in coordination with the Tree Preservation Commission. The funds shall be deposited into the Tree Trust Fund.
C.
Changes after the tree removal application is approved. In the case
of an application where a tree preservation plan is required, the
applicant shall submit a revised tree preservation plan to the Planning
Board or Board of Adjustment for subsequent approval if the applicant
changes the road pattern or lot layout site improvements, or makes
any other material change in the site plan as determined by the Code
Enforcement Officer after the application is approved.
D.
When shade tree planting is required. Any person developing a property
which requires subdivision or site plan approval shall plant at least
one shade tree for every 50 feet of frontage on any proposed or existing
right-of-way. Closer spacing may be required for certain species as
determined by the Code Enforcement Officer and the Commission. All
types and locations of shade trees to be planted shall be shown on
the approved tree preservation plan approved by the Planning Board
or the Board of Adjustment, and shall be planted in accordance with
the specifications for planting shade trees as provided by the Planning
Board or Board of Adjustment. If it is impossible because of weather,
season or other circumstances for the applicant to plant trees in
accordance with this chapter, a person shall deposit in escrow with
the Town Clerk an amount to be determined and specified by the Code
Enforcement Officer to cover the cost of purchasing and planting each
tree. When applicable, no street shall be accepted by the Town Council
until the Code Enforcement Officer notifies the Town Council that
the applicant has complied with this chapter.
E.
Effective term of permit. Any tree removal permit shall be valid
for a period of no more than two years from the date of approval.
The Planning Board, Board of Adjustment or Code Enforcement Officer,
whichever is applicable, upon showing of good cause by the applicant,
may recommend the extension of any permit for an additional period
not to exceed one year, provided that the applicant submits an updated
application.
A.
Tree Trust Fund. There is hereby created a Tree Trust Fund, which
will be administered under the direction of the Code Enforcement Officer
in conjunction with the Town Administrator. The fund shall consist
of monies paid by property owners and developers pursuant to this
chapter, as well as donations, grants or bequests made to the trust
fund.
B.
Deposits into the Tree Trust Fund. Deposits shall be made into the
Tree Trust Fund as follows:
(1)
When any person removes or destroys any tree without authorization, and, pursuant to § 29A-22, the Code Enforcement Officer, or the Planning Board or Board of Adjustment permits such person to contribute an amount as determined by the Code Enforcement Officer to purchase and plant a replacement tree, rather than such person planting a replacement tree.
(2)
When the Code Enforcement Officer, or the Planning Board or Board
of Adjustment requires the planting of a replacement tree as a condition
to the issuance of a tree removal permit, and further permits the
person seeking the tree removal permit to contribute such amount as
determined by the Code Enforcement Officer to purchase and plant a
replacement tree, rather than such person planting a replacement tree.
(3)
When, pursuant to § 29A-12(b), an applicant seeks to remove more than 75% of the trees on a site.
(4)
When any gift, grant, donation, or bequest is made to the Town to
promote the purposes of this chapter.
A.
Posting of tree bond. In the event that a replacement tree is required
on property that is being developed and requires subdivision or site
plan approval, a tree bond shall be posted for two years to provide
for the cost of the replacement tree if such replacement tree dies
during the two-year period. A tree bond to guarantee performance as
may be required by this chapter shall be posted in the following instances:
(1)
When a replacement tree is required to be planted by any person pursuant
to the requirements of this chapter.
(2)
With the intent of protecting against damage to right-of-way trees,
in all instances in which construction is occurring or will occur
on property having a lot frontage immediately adjacent to any tree
or trees within the Town right-of-way, and the construction involves
the demolition of 50% or more of the existing principal structure
on the property, and the property is being developed and requires
or required subdivision or site plan approval.
B.
Amount of tree bond. In each instance in which a tree or trees are
to be replaced, the applicant shall post a cash bond in the amount
of $500 for each tree to be replaced, in a form acceptable to the
Town to guarantee compliance with the approved tree removal and replacement
plan. In each instance in which construction will occur under the
circumstances set forth in § 29A-14(a)2 above, the applicant
shall post a cash bond in the amount, determined at the discretion
of the Code Enforcement Officer, of up to $2,500 per tree located
in whole or in part within the public right-of-way to cover any damage
to, or destruction of, such trees.
C.
Release of tree bond. Whenever a tree bond is required to be posted
as required by this section, such bond shall not be released to the
applicant for a period of two years, and only after the Code Enforcement
Officer has inspected the new tree, or the right-of-way tree, as the
case may be, and approved the release.
Prior to issuance of a certificate of occupancy, where applicable, the Code Enforcement Officer shall visit the subject site to determine whether there has been compliance with the provisions of this chapter and, where applicable, whether the trees designated for preservation in the tree preservation plan, are, in fact, standing. If the Code Enforcement Officer determines that a replacement tree is required, the Code Enforcement Officer will withhold the certificate of occupancy until the requirements of § 29A-21 are satisfied.
A.
When a replacement tree is required. In the event of unauthorized
removal or destruction of any tree or trees by any person, or where
the Code Enforcement Officer, Planning Board or Board of Adjustment
has required the planting of a replacement tree as a condition to
the issuance of a tree removal permit, such person shall replace or
provide compensation for each tree destroyed or removed in the following
manner:
(1)
By providing a replacement tree which:
(a)
Shall be of like or, in the opinion of the Code Enforcement
Officer, a superior species; and
(b)
Shall have a caliper of at least 1/2 of the DBH of the tree that has been removed or destroyed (the "caliper replacement requirement"), which caliper replacement requirement may be satisfied with multiple replacement trees in such number as set forth in the chart set forth in Subsection (c) below; and
(c)
Shall be planted in such a manner as to be compatible with the
spatial limitations and size of the species at maturity; or
(2)
By contributing to the Tree Trust Fund in an amount necessary to
purchase and plant a replacement tree as set forth in § 29A-16(a)(1),
provided that the right to choose this option is at the discretion
of the Planning Board or Code Enforcement Officer, whichever is applicable.
B.
Location of replacement trees. The Code Enforcement Officer shall
determine the location and configuration for the planting of replacement
trees, which determination will be based on, but not limited to, the
following considerations: erosion, drainage, aesthetics, and tree
clustering.
C.
Chart of multiple replacement trees.
|
Diameter of existing tree
(inches)
|
Number of Replacement Trees
|
|---|---|
|
From 10 to 12
|
1
|
|
From 12 to 16
|
2
|
|
From 16 to 18
|
3
|
|
From 18 to 21
|
4
|
|
From 21 to 24
|
5
|
|
From 24 to 27
|
6
|
|
From 27 to 30
|
7
|
|
From 30 to 33
|
8
|
|
From 33 to 36
|
9
|
|
From 36 to 39
|
10
|
|
From 39 to 42
|
11
|
|
From 42 and greater
|
12
|
A.
Following approval of a tree removal permit, the owner of the property
or an authorized agent of the owner shall provide notice in the manner
set forth herein.
B.
The owner of the property for which a tree removal permit has been
approved shall provide to each owner of lots adjoining the subject
property and to the owners of wired or other facilities, the temporary
removal of which may be necessitated by the proposed work, notice
that a tree removal permit has been issued.
C.
The notice shall contain the following information:
(1)
The date of issuance of the tree removal permit;
(2)
Contact information for the owner of the property and the contractor
to perform the tree removal, including name, address and telephone
number and cellular telephone information, if any; and
(3)
The estimated date of the proposed tree removal.
D.
Notice to adjoining property owners shall be given at least three
days prior to the proposed date of tree removal by serving a copy
thereof on the adjoining property owner as reflected in the current
records of the Tax Assessor of the Town, or mailing a copy thereof
by certified mail to the adjoining property owner at his, her or their
address as reflected in the current records of the Tax Assessor of
the Town. The owner or his authorized agent shall file an affidavit
of proof of service of the notice required by this section with the
Code Enforcement Officer.
A.
The Tree Preservation Code Enforcement Panel. A Tree Preservation
Code Enforcement Panel shall be created and shall be comprised of
the Chair of the Tree Preservation Commission or his designee, the
Chair of the Planning Board or his designee and the Town Administrator
or his designee.
B.
Right to a hearing. Any applicant who is denied a tree removal permit
or any other person who is affected by any other action by the Planning
Board, the Board of Adjustment or the Code Enforcement Officer in
connection with the enforcement of any provision of this chapter or
of any rule or regulation adopted pursuant hereto, may request and
shall be granted a hearing on the matter before the Tree Preservation
Code Enforcement Panel. A written petition requesting such a hearing
and containing a statement of the grounds therefor shall either be
delivered personally to the Town Administrator or sent by certified
or registered mail, return receipt requested, within 30 business days
from the date of the action which is being appealed.
C.
Hearing. Upon receipt of such a petition, the Town Administrator
shall set a time and place for such a hearing and shall give the petitioner
written notice thereof. At such hearing, the petitioner shall be given
an opportunity to be heard and to show why the decision or action
should be affirmed, overruled, or modified. The hearing shall be commenced
not later than 10 business days after the day on which the petition
was filed (or as soon thereafter as is practicable), provided that
upon application of the petitioner, the Town Administrator may postpone
the date of the hearing for a reasonable time beyond such 10 business
day period if, in his judgment, the petitioner has submitted a good
and sufficient reason for such postponement. The Panel shall consider
the findings of the Planning Board, Board of Adjustment, the Tree
Preservation Commission, and the Code Enforcement Officer, and the
testimony and submissions, if any, of the petitioner. After such hearing,
the Tree Preservation Code Enforcement Panel shall affirm, overrule
or modify the action of the Planning Board, Board of Adjustment or
Code Enforcement Officer.
D.
Record of proceedings. The findings and decision of the Tree Preservation
Code Enforcement Panel shall be in writing and entered as a matter
of public record in the office of the Town Clerk. Such record shall
also include a copy of every notice or order issued in connection
with the matter. The record of these proceedings shall be retained
for 60 days after the final decision is made.
E.
Subsequent appeal. Any person aggrieved by a decision of the Tree
Preservation Code Enforcement Panel or other final order may seek
relief therefrom in any court of competent jurisdiction.
A.
Code Enforcement Officer. Except as otherwise provided, the requirements
of this chapter shall be enforced by the Code Enforcement Officer,
who shall seek such penalties as are provided herein.
B.
Issuance of stop-work orders. The Code Enforcement Officer may issue
a stop-work order to immediately stop any tree work or other activity
which he or she believes is being carried on in violation of any provision
of this chapter. The stop-work order shall be issued in writing and
a copy served upon any person engaged in such tree work or such other
activity. If no such person is present upon the property, the stop-work
order shall be served upon the owner of the property in question.
Where the Code Enforcement Officer has a reasonable belief that
any person has removed or otherwise destroyed any tree in violation
of this chapter, or has otherwise violated any provision of this chapter,
the Code Enforcement Officer shall notify such person of the violation
and refer the matter for adjudication by the Tree Preservation Commission.
Should the Commission, upon notice to the alleged violator and an
opportunity to be heard, determine that the violation occurred, the
Commission shall: 1) assess a fine upon the alleged violator up to
the retail value of the tree, as determined by the International Society
of Arboriculture, utilizing the trunk formula method (TFM); 2) direct
that the violator replace each tree removed or destroyed by another
tree of a species approved by the Town Engineer or his designee that
is at least three inches caliper measured at six inches above the
ground; or 3) assess both remedies. Should the alleged violator fail
or refuse to comply with the determination of the Tree Preservation
Commission within 30 days of its determination, the Code Enforcement
Officer shall serve a summons and complaint in the Municipal Court
upon the alleged violator and, in addition to the remedies set forth
above, the Code Enforcement Officer may seek, and the Municipal Court
may assess, an additional fine not to exceed $2,000. The illegal removal
of each tree in violation of this chapter or the failure to adequately
protect each tree during construction shall be deemed a separate violation
carrying with it a separate penalty as set forth above. Each and every
day such violation continues shall be deemed a separate and distinct
offense. In addition to the foregoing, the Town may institute and
maintain a civil action for injunctive relief restraining the continuance
of any unlawful tree removal project. Ignorance of the existence of
this chapter or the provisions of this chapter shall not constitute
a valid defense in either a civil or criminal proceeding.
A.
Revocation of tree removal permit. The Code Enforcement Officer may
revoke a tree removal permit where the tree removal application contains
a false or misleading statement as to a material fact of or where
there is noncompliance with the terms and conditions of the tree removal
permit.
B.
Submission of new application. Where it is found that an applicant
submitted an application containing a false or misleading statement
as to a material fact, said applicant shall not be permitted to submit
a new application for one year from the time of filing the application
containing false or misleading statements.
