[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.
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 § 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:
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;
[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.