[Ord. No. 03-36 § 1]
The Borough of Fairview has determined that it is necessary to maintain the Borough's tree stock so as to preserve the quality of life in Fairview because of its important role in maintaining the mature tree inventory, as well as preventing soil erosion and controlling drainage.
This section preserves and perpetuates the Borough's tree stock through providing regulatory control over removal of trees which have attained a specific minimum size and to provide for orderly replacement plans by property owners or their agents.
[Ord. No. 03-36 § 2]
For the purposes of this section, the below terms have the following defined meanings:
B&B (BALLED AND BURLAPPED)
Shall mean a method of excavation in which the subject tree is removed along with soil surrounding its roots and such soil and roots are wrapped and laced.
DIAMETER AT POINT OF MEASUREMENT or DPM
Shall mean the diameter of a tree measured at a point on the trees six inches from ground level on the downhill side.
EMERGENCY REMOVAL
Shall mean a removal which is necessitated by any event, whether natural or man-made, which requires the immediate removal of a regulated tree because it has been determined that such tree presents an imminent hazard to the public's safety. Such determination shall be made by a certified arborist or Borough Official as authorized by the Borough Administrator.
PROJECT
Shall mean any undertaking whatsoever which would involve potential damage to or which may result in the planned or unplanned removal of regulated trees. Such projects shall include, but not be limited to, new construction, modifications of existing structures, grade modification and drainage improvement works, except for those exempted in subsection 22-1.8 of this section.
REGULATED TREE
Shall mean a deciduous or coniferous tree which has attained at least 30 feet in height or a DPM of at least eight inches prior to any pruning, limb removal or other such activity.
REMOVAL
Shall mean any activity which results in cutting down completely or substantially eliminates a living regulated tree for the City's tree stock.
REMOVAL PERIOD
Shall mean a period of time consisting of 365 consecutive days after a project is regulated by this section.
REPLACEMENT PLAN
Shall mean a plan developed in accordance with and conforming to the provisions of this section which has been approved by the Construction Official.
REPLACEMENT TREE
Shall mean a nursery grown certified, balled and burlapped tree bearing a durable label upon which the following data is set forth: genus, species, variety, watering and fertilization requirements.
SITE PLAN
Shall mean a plan as defined by the Borough's Municipal Land Use Ordinance.
[Ord. No. 03-36 § 3]
With the exception of the exemptions set forth in subsection 22-1.8 of this section, no person shall cut or remove, or cause to be cut or removed, more than three regulated trees upon any lands within the Borough of Fairview unless cutting or removal is performed in strict accordance with the provisions of this section.
[Ord. No. 03-36 § 4]
A project permit is required for the removal of more than three regulated trees within the removal period.
[Ord. No. 03-36 § 5]
a. 
Project Permit Application Submission. A tree removal project permit shall be submitted to the Construction Official.
b. 
Application Contents. An application for applying for and issuing a tree removal project permit shall consist of the following:
1. 
The name and address of the owner of the land;
2. 
The description of the lands in question, including the lot and block number of the land as shown on the current Tax Map of the Borough of Fairview;
3. 
The purpose or reason for removing the tree(s);
4. 
The quantity, caliper size and species of tree(s) to be removed;
5. 
The proposed dates for commencement and completion of the project;
6. 
Name and address of the person having express charge, supervision, and/or control of the proposed removal of tree(s);
7. 
A written statement of plans for the proposed replanting of trees as required herein;
8. 
A statement granting permission to Borough officials or their employees to enter the premises and make surveys and inspections as the work progresses; and
9. 
A tree replacement plan that includes quantity, caliper size and species of tree(s) to be replanted.
c. 
The Construction Official shall review the application to determine whether such project complies with this section and shall provide written notice to the applicant indicating one of the following determinations:
1. 
The project permit is granted;
2. 
The project permit is granted subject to prescribed conditions attached to such notice; and
3. 
The project permit is denied, in which event the written notice shall state the reasons for such denial.
d. 
The Construction Official shall make the foregoing determination and prepare and furnish the foregoing notices within 30 calendar days following submission of a completed application.
e. 
Failure of the Construction Official to make said determination within such thirty-day period, or within any extension of time granted by the applicant, shall constitute and have the same effect as an approval.
f. 
Any proposed change in the approved project shall be submitted to the Construction Official for approval in the same manner as an original application for approval of a project.
g. 
The applicant shall maintain a copy of the approved project at the project location which shall be available for inspection.
[Ord. No. 03-36 § 6]
A tree replacement plan shall consist of the following:
a. 
A site plan, on a scale of one inch equals 30 feet or less, showing the location of existing trees and clearly marked property boundaries. There shall be a list identifying the number and species of trees inventoried. The site plan shall include the lot and block numbers, the street address, if assigned, and a certification of compliance with the requirements of the section.
b. 
Locations of streams and other watercourses.
c. 
Locations of slopes greater than 10% where any tree removal is proposed.
d. 
The location(s) on the tract where tree removal is to take place.
e. 
The total acreage of the tract.
f. 
The total number, by species, of existing trees with a DPM of eight inches or greater on the tract.
g. 
The total number, by species, of trees with a DPM of eight inches or greater which are to be removed.
h. 
All specific plans for replacement of removed trees shall be based on the following requirements:
1. 
The replacement trees shall be planted on the property where the trees were removed or in a location designated by the Construction Official.
2. 
The species of trees that are to be replaced shall be approved by the Construction Official in consultation with the Planning Board.
3. 
Replacement trees, including the size and number of trees, shall be planted in accordance with the following table:
Size of Tree Removed
(inches DPM)
Number of Replacement Trees with at least a 2 1/2" DPM
8, but less than 12
1
More than 12, but less than 18
2
More than 18, but less than 24
3
More than 24 but less than 36
More than 36 inches to be determined in consultation with the Construction Official after consideration of the project but in any event, not less than 6.
[Ord. No. 03-36 § 7]
In certain circumstances, the Construction Official may authorize a contribution to the Borough's Tree Fund in lieu of planting replacement trees on site where he/she determines that the purposes of this section would be furthered thereby. Such contribution shall bear a reasonable relationship to the cost of planting trees which would otherwise be required under subsection 22-1.6 of this section, but in no case shall it be less than $200 per required replacement.
[Ord. No. 03-36 § 8]
The following shall be exempt from the requirements of this section:
a. 
Commercial nurseries;
b. 
Pruning within the right-of-way by utility companies for maintenance of utility wires or pipelines. The utility company shall notify the Construction Official prior to commencing such work;
c. 
Trees that are deemed to be removed by the Borough that are on or over a public right-of-way;
d. 
Public park lands owned by the Borough of Fairview;
e. 
Trees that are removed as part of a project which is subject to Planning Board Site Plan approval;
f. 
Any projects that have received building permits prior to enactment of this section;
g. 
Trees that are deemed to be removed as part of a municipal project;
h. 
Emergency removals.
[Ord. No. 03-36 § 9]
No permit shall be issued for the removal of any tree within the minimum planting areas set forth in the Zoning Ordinance of the Borough of Fairview unless the Construction Official determines that such removal is necessary.
[Ord. No. 03-36 § 10]
An application for a tree removal permit shall be accompanied by the required fee as set forth below:
a. 
Permit for each tree removal: $50.
b. 
Projects involving 1/2 acre of land or less, the fee shall be $200 and, for each additional 1/2 acre or part thereof above one acre, the fee shall be increased by $50.
c. 
An escrow shall be established in the amount of two times the permit fee which shall be retained until the tree replacement plan is completed. Engineering review fees in connection with the implementation of a tree replacement plan shall be paid from the escrow at the rate established for engineering review fees in connection with site plan approval. In addition, in the event the tree replacement plan is not completed within the time specified by the Construction Official, the Borough may use such escrow to complete the tree replacement plan or, in lieu thereof, deposit said escrow in the tree replacement fund. Upon completion of the tree replacement plan, the balance remaining in said escrow after payment of the foregoing fees, if any, shall be returned to the applicant.
[Ord. No. 03-36 § 12]
Any person who violates any provisions of this section shall be liable for a fine not to exceed $1,000 or imprisonment for a term not in excess of 90 days or both.