[1]
Editor's Note: Former Article 47, Wall and Fence Design Standards,
as amended, was repealed 9-3-2013 by Ord. No. 2013-12.
This article shall apply to all applications for development.
The following standards shall be used to prepare and review
any development plan:
A.
Location and spacing. Street trees shall be provided at intervals
of approximately 30 to 35 feet along each side of all streets, public
or private, existing or proposed. In addition, the approving authority
may also require additional street trees to be massed at critical
points along the street, such as the visual termination of a curve
in the roadway. On streets where healthy and mature street trees currently
exist and are being preserved, such may count toward the requirement.
B.
Planting placement. Street trees shall be planted a minimum of 3 1/2
feet inside the sidewalk, on or near the right-of-way line or, if
such location is not possible, in the planting strip, between the
curb and the sidewalk (or where same would be located if they existed).
On streets where existing street trees are consistently located at
a certain location so as to form a line parallel to the street, street
trees may be placed to continue this pattern. The placement and type
of street trees shall be such so as not to interfere with below-grade
utilities, roadways, sidewalks or streetlights.
C.
Corner lots and driveways. No street tree shall be planted in a planting
strip, between the curb and the sidewalk, within 25 feet of the intersecting
curblines (or edges of pavement where no curbs exist) of an intersection
or within 10 feet of a driveway apron.
D.
Type. The species of street trees planted shall be selected from
the recommended Borough street tree list, latest edition.
E.
Size. Street trees shall be planted at a minimum size of three inches
in caliper at time of planting.
F.
Borough Shade Tree Commission. In determining the number, location
and type of proposed street trees, the Borough Shade Tree Commission
may act in an advisory capacity to the approving authority.
G.
If the approving authority determines that some or all of the street
trees cannot be accommodated on or along the front of the subject
premises, the applicant shall pay to the Shade Tree Commission the
sum of $500 per street tree required, to be used by the Shade Tree
Commission for the planting of trees on public lands in the Borough.
H.
Newly planted street trees shall be monitored for a period of one
year to ensure the health of the trees. If the street trees die within
the one-year period, the developer/applicant shall replace the dead
tree(s). The developer/applicant shall remain liable to replace trees,
notwithstanding that the subject premises may have been conveyed to
another person or entity.
Each application to the Planning Board or Zoning Board of Adjustment
for approval of a major or minor subdivision or site plan that requires
the removal of trees, including street trees, shall include an application
for a tree removal permit. In the event that any tree sought to be
removed is within the line of any street, a copy of the application
shall be filed with the Borough Clerk. The application and development
proposal shall conform to the following provisions:
A.
Application form. The application form may be obtained from the Zoning
Officer and shall include the following information:
(1)
Name and address (street, lot and block) of the owner of the
premises and status of legal entity (individual, partnership, corporation,
etc.);
(2)
Description of the premises where removal is to take place,
including lot and block numbers, street address as assigned;
(3)
A list of all trees to be removed with a caliper equal to or
greater than six inches, identified by size and species, including
the total number of each species to be removed;
(4)
Purpose for tree removal (new construction, street or roadway,
driveway, utility easement, recreation areas, parking lot, etc.);
(5)
Proof that there are no delinquent property taxes or assessments
due on the property for which the application is submitted; and
(6)
Such other information as may be deemed necessary in order to
effectively process and decide such application.
B.
Landscape plan. A landscape plan prepared by a registered landscape
architect or registered professional engineer encompassing the property
subject to the application for development shall be submitted with
the application for tree removal.
(1)
The following base information shall be included on the landscape
plan:
(a)
Location of existing tree canopy within the property boundaries.
(b)
Location of individual trees with a caliper equal to or greater
than six inches, identified by size and species, within the area of
development/limit of disturbance.
(c)
Location of individual existing trees with a caliper equal to
or greater than six inches, identified by size and species, beyond
the area of development/limit of disturbance.
(d)
Location of individual existing trees and their driplines noted
for preservation within the area of development/limit of disturbance,
identified by size and species. Where clusters of trees exist on the
site or are contiguous with adjacent sites, fragmentation of the cluster
shall be avoided where possible.
(f)
Clear labeling of the areas intended for tree/vegetation removal.
(g)
Tree protection measures and material details and limit of disturbance
line.
(h)
Location of existing and proposed building structures.
(i)
All bodies of water and wetlands, including water retention
and detention areas.
(j)
Location of all existing driveways and parking areas.
(2)
Design requirements.
(a)
Only those trees necessary to permit the construction of buildings,
structures, streets, driveways, infrastructure and other authorized
improvements shall be removed. Existing vegetation shall be preserved
to the greatest extent feasible.
(b)
No more than 60% of existing tree canopy within the property
boundaries shall be removed. The location of the remaining 40% of
the tree canopy to be preserved shall be noted on the landscape plan.
(c)
No more than 10% of the existing trees with a caliper equal to or greater than 10 inches within the area of development/limit of disturbance shall be removed unless the applicant shall replant trees removed in accordance with the Tree Replacement Schedule provided in § 110-181.2. Calculations that result in a fractional number shall be rounded to the nearest whole number.
(d)
Input from the Shade Tree Commission shall be requested for
recommended areas of tree preservation.
(e)
(Reserved)
(f)
The approving authority may require a conservation easement
to protect any or all trees or tree canopy areas to remain on-site.
C.
Site protection.
(1)
Tree protection measures and the limit of disturbance line shown
on the landscape plan shall be provided in the field with snow fencing
or other durable materials and verified by the Zoning Officer or other
designated official prior to soil disturbance.
(2)
Protective barriers shall not be supported by the plants they
are protecting but shall be self-supporting. Barriers shall be a minimum
of four feet high and shall last until the construction is complete.
(3)
Chain-link fencing may be required for tree protection if warranted
by site conditions and relative rarity of the plant.
(4)
Snow fencing used for tree protection shall be firmly secured
along the dripline but shall be no less than six feet from the trunk.
(5)
The grade of the land located within the dripline shall not
be raised or lowered more than six inches unless compensated by welling
or retaining wall methods; and in no event shall welling or retaining
wall methods be less than six feet from the trunk of a tree.
(6)
No soil stockpiling, storage of building materials, construction
equipment or vehicles shall be permitted within the dripline or within
six feet of any remaining trees, whichever is greater.
(7)
Any clearing within the dripline, or within six feet of the
trunk of a remaining tree, whichever is greater, shall be done by
hand-operated equipment.
(8)
Where a tree that has been noted for preservation is severely damaged and unable to survive, tree replacement shall occur as provided in § 110-181.2.
(9)
No tree within any street line shall be removed unless the removal
is approved by the Borough.
A.
Where trees are proposed to be removed in accordance with § 110-112.7E or § 110-181.1, the replacement of such trees shall occur as prescribed in the following table:
|
Tree Replacement Schedule
| |
|---|---|
|
Caliper of Existing Tree Removed
(inches)
|
Number of Replacement Trees
(3-inch caliper)
|
|
Less than 6
|
1
|
|
From 6 to less than 12
|
3
|
|
From 12 to less than 18
|
4
|
|
From 18 to less than 24
|
5
|
|
From 24 to less than 30
|
7
|
|
From 30 to less than 36
|
10
|
|
36 or greater
|
The equivalent of 3-inch caliper trees or greater needed to
equal the caliper of the tree removed
|
|
Where street trees are proposed to be removed and has been approved by the Borough in accordance with § 110-181.1C(9) as part of an application to the Planning Board or Zoning Board of Adjustment, replacement shall be required at 150% of the above schedule.
|
B.
Replacement trees(s) shall be of nursery-grade quality, balled and burlapped and located on-site. If the approving authority or the Shade Tree Commission determines that some or all of the replacement trees required by § 110-181.2 cannot be accommodated on or along the front of the subject premises, the applicant shall pay to the Shade Tree Commission the sum of $500 per replacement tree required, to be used by the Shade Tree Commission for the planting of trees on public lands in the Borough.
C.
The type of replacement tree(s) shall be the same as the species
removed from the site or other species as approved by the Zoning Officer
as follows:
(1)
Flowering and evergreen trees shall constitute as 0.75 replacement
trees.
(2)
Arborvitae at least six feet tall at time of planting shall
constitute as 0.33 replacement trees.
(3)
Tree replacement calculations that result in a fractional number
shall be rounded to the nearest whole number.
(4)
Not more than 1/3 of the total number of replacement trees shall
consist of flowering and evergreen trees and arborvitae.
D.
The planting of all replacement trees shall be done by or supervised
by a person with horticultural training in tree care and planting
methods.
E.
Newly planted replacement trees shall be monitored for a period of
one year to ensure the health of the trees. If the replacement trees
die within the one-year period, the developer/applicant shall replace
the dead tree(s). The developer/applicant shall remain liable to replace
trees, notwithstanding that the subject premises may have been conveyed
to another person or entity.
In accordance with the design requirements provided in this
article, unless otherwise indicated herein, a tree removal permit
may only be granted for the following reasons and under the following
terms and conditions:
A.
The area proposed for tree removal is to be occupied by a building
or other structure; a street or roadway; a parking area; a patio;
a swimming pool; a recreation area; a power, drainage, sewerage or
any other utility line, easement, or right-of-way; or the area of
tree removal is 20 feet or less from either side of or around the
perimeter of any of the foregoing, whichever is applicable.
B.
In areas proposed for tree removal which are not to be occupied by any of the uses or facilities set forth in Subsection A of this section:
(1)
The continued presence of such tree or trees is likely to cause
danger to persons or property upon the property for which removal
is sought or upon adjoining or nearby property.
(2)
The area where such tree or trees are located has a cut, depression
or fill of land, or the topography of the land is such a character
as to be injurious or dangerous to such tree or trees or to tree or
trees located nearby.
(3)
The removal of trees is for the purpose of conducting forestry
activities, which activities include, but are not limited to, the
harvesting of trees in accordance with a forest management plan and
the thinning out of a heavily wooded area, with some trees to be removed
and other trees to remain.
C.
Upon an express finding by the approving authority, the proposed
removal of any or all of the trees or shrubs will not result in or
cause, increase or aggravate, on the property of the applicant or
upon adjacent property, soil erosion, sedimentation and dust, drainage
or sewerage problems, dangerous or hazardous conditions and depression
in the land value of the subject property and properties in the neighboring
area.
D.
The approving authority shall have the power to affix reasonable
conditions to the granting of the permit for the removal of trees
and/or the application for development.
Whenever an application for tree removal is granted under the
terms and conditions of this article, the following protective measures
shall be observed:
A.
No materials or temporary soil deposits shall be placed within the
dripline of any existing tree to be preserved.
B.
Except while engaged in tree removal, no equipment shall be operated within six feet of any tree protected by this article nor shall such equipment be operated at any time in such a manner as to break, tear, bruise, decorticate or otherwise injure any living or dormant tree. Except while engaged in tree removal, all requirements of § 110-181.6 shall be observed.
Permits granted for the removal of trees under the terms and
conditions of this article shall run with the land and shall remain
in force and effect for the following periods of time, and not thereafter.
Once the permit has expired, a new application must be submitted for
review and a new permit issued.
A.
If granted for a lot or parcel of land for which site plan approval
from the Planning/Zoning Board is required as a condition precedent
to obtaining a building permit, until expiration of the site plan
approval.
B.
If granted for a lot or parcel of land for which minor subdivision
is sought, one year from the date of perfection of such minor subdivision.
C.
If granted for a lot or parcel of land for which preliminary approval
of a major subdivision is sought, until expiration of such approval.
A.
Prior to taking final action upon any application for tree removal,
an inspection of the site shall be made by the Zoning Officer, or
such other officer as may be designated by the approving authority.
B.
Prior to any tree removal, all trees must be marked and areas to
be cleared identified for inspection by a municipal representative.
C.
The Zoning Officer shall periodically inspect the site throughout
the duration of the construction in order to ensure compliance with
this article. Such inspection shall be made of the site referred to
in the application, and of contiguous and adjoining land, as well
as of the lands in the vicinity of the application, for the purpose
of determining drainage conditions and physical conditions existing
thereon.
A.
The holder of a tree removal permit shall notify the Zoning Officer
in writing at least four business days in advance of when the tree
removal activity will commence.
B.
The notice shall include information as to the manner of disposal
of the removed trees.
C.
In the case of the removal of dead or diseased trees, the dead or
diseased trees shall not be turned into mulch and applied to the site
but shall be disposed of in a manner so as not to disease other trees
on site.
A review fee of $200 shall accompany the application for tree
removal.
A.
When regulated trees are removed without a tree removal permit or in violation of an approved tree removal permit, the affected areas shall be replanted in accordance with the schedule set forth in § 110-181.2 within 30 days of receipt of a notice of violation.
B.
Any person or persons or corporation violating any provision of this
article shall be subject to a fine not exceeding $1,000, or by a period
of imprisonment not exceeding 30 days, or by a period of community
service not exceeding 30 days.
