[HISTORY: Adopted by the Mayor and Council of the Borough
of Pine Beach: Art. I, 12-27-1989 by Ord. No. 89-13-388. Section 163-6 amended at time
of adoption of Code; see Ch. 1, General Provisions, Art. I. Other
amendments noted where applicable.]
[Adopted 12-27-1989 by Ord. No. 89-13-388]
As used in this article, the following terms have the meanings
indicated:
Any living tree which shall have a diameter at breast height
[4 1/2 feet] of at least 2 1/2 inches.
Any lot, as of the date of the adoption of this article, the owner of which shall own no adjacent property and which shall contain no principal structure as defined in Chapter 175, Zoning and Subdivision. For the purposes of this definition, a lot shown separately on the Tax Map but which is adjacent to any developed lot owned by the same owner shall not be considered a "vacant isolated lot." Any lot which is adjacent to other lands owned by the same owner, all of which are vacant, shall be deemed to be a "vacant isolated lot."
No person who is the owner of a vacant isolated lot in the Borough of Pine Beach shall remove or shall permit or suffer to be removed any tree from the aforesaid lot until a valid building permit shall have been issued by the Borough of Pine Beach for construction of a permitted structure on said lot. The issuance of said permit shall be contingent upon the provisions of § 163-4 of this article.
In the event that the lot is cleared pursuant to a validly issued
building permit and the permit expires and is not renewed within 30
days, the property owner shall be responsible to replant upon the
aforesaid lot at least one tree per thousand square feet of lot area
or portion thereof, which trees shall be at least 2 1/2 inches
in diameter at breast height [4 1/2 feet above the base of the
tree] or, if evergreens, a minimum of six feet in height. The trees
replanted shall be distributed evenly across the property.
In the event that a lot must be replanted as provided herein,
such replanting shall be completed not later than seven months from
the date of expiration of the building permit. The property owner
shall be required to post $2,500 in the form of cash, certified check
or guaranteed letter of credit, insuring the survival of the trees
for a two-year period from planting. The funds shall be returned once
a structure is enclosed with windows and siding.
Nothing herein shall be construed to limit the removal of shrubs
or underbrush not meeting the requisite size as set forth herein or
to prohibit the removal of any dead or diseased tree which is determined
by the Construction Official to be in danger of falling or which the
Construction Official determines constitutes a hazard to the general
health, safety and welfare.
Any person violating this article or the owner of any property
upon which a violation has occurred shall be subject to one or more
of the following: a fine up to $1,000, imprisonment in the county
jail for up to 90 days or community service for a period not to exceed
90 days. Each day that a violation continues shall be deemed to be
a separate offense for which a separate penalty may be assessed.
