[HISTORY: Adopted by the Township Council of the Township of Galloway as indicated in article histories. Amendments noted where applicable.]
Fees — See Ch. 189.
Editor's Note: Former Ch. 283, Sex Offenders’ Residency Restriction, adopted 7-26-2005 by Ord. No. 1616, as amended, was repealed 5-26-2009 by Ord. No. 1788.
[Adopted 10-25-2016 by Ord. No. 1949-2016]
Authorization. The Township Manager is authorized to provide consent on behalf of the Township to a property owner seeking access to adjacent Township property to perform trimming or clearing of existing trees or other vegetation in order to make the installation by the licensee of a solar energy system or to make the operation of such system more efficient. The Manager shall establish procedures and forms for the submission of a request for the issuance of such a license. The potential licensee shall submit the fee and escrow required by Chapter 189.
Planner and engineer review. The potential licensee shall demonstrate that the proposed trimming or clearing is reasonably necessary to make the proposed solar energy system practical or more efficient. Further, the proposed licensee must demonstrate that the proposed trimming or clearing is limited to the minimum necessary for the project. The Township Planner shall evaluate the proposed trimming or clearing plan and its impact on the area, specifically any potential impact on surrounding properties. The license may not be granted if there is a substantial adverse impact on any surrounding property or if the proposed trimming or clearing is more than the minimum necessary. A proposed licensee must locate the proposed solar energy system so as to reasonably minimize the amount of trimming or clearing and the potential adverse impact on adjoining properties and the neighborhood.
Submission. The request for the license shall be submitted for review by the Township Planner and, if deemed appropriate by the Manager, to the Township Engineer.
Plan. The request for the issuance of a license shall include a trimming or clearing plan sufficient for the Township to evaluate the proposal.
Discretionary. The issuance of a license to allow the clearing or trimming of trees and other vegetation on Township property or within Township right-of-way is discretionary and may be denied by the Township. If the issuance of a license is denied by the Township Manager, the request may be submitted to the Township Council for review.
Contractor. The proposed licensee must use a reputable and professional tree trimming service acceptable to the Township Manager. The tree trimming service must be fully licensed and bonded and shall provide adequate evidence to the Township Manager prior to the Township providing consent.
Insurance. Before the issuance of a license, the proposed licensee shall provide to the Township a certificate or certificates of insurance evidencing that the licensee or the licensee's contractor maintains commercial general liability insurance, including, but not limited to, contractor's liability coverage, contractual liability coverage and completed operations coverage to afford protection, with respect to personal injury, death or property damage, of not less than $1,000,000 per occurrence combined single limit.
Indemnification. The licensee, upon acceptance of the license, shall agree to indemnify and hold the Township harmless from any claims, losses, costs or expenses caused by the work performed under the license by licensee or licensee's agent, employees or contractors. This includes any and all claims, damages, suits, penalties, judgments, liens, expenses, losses, damages and liabilities (including but not limited to reasonable attorney and expert fees) in any manner arising from the licensee's access or entry onto the Township property or the licensee's breach of the license.
Notice of entry. Prior to entering onto the Township property, the licensee or the licensee's contractor shall provide at least 48 hours' prior notice to the Township Manager.
Trimming or clearing. All clearing or trimming shall be fully in accordance with the trimming or clearing plan approved by the Township. Upon completion of the work, the licensee shall remove and appropriately dispose of all trimmed or cleared timber and other materials.
Permits and approvals. Licensee shall be responsible for and shall obtain at licensee's own cost and expense any and all required governmental permits and approvals necessary for the trimming and clearing work being undertaken by licensee or licensee's agents, employees or contractors. All work and activity shall be in full conformance with all applicable laws, ordinances, rules and regulations of appropriate governmental authorities.
Liens. Licensee shall keep the Township property free and clear of any liens resulting from the work and activities undertaken by licensee or licensee's agents, employees or contractors.
Application form. The request for a license shall be submitted by submitting an application form which is available from the office of the Township Planner or Township Zoning Officer.
Plan. The following information shall be provided on the plan to be submitted with the request:
Location and identification by size and species of individual trees sought to be trimmed or removed, plus those trees with a diameter of 12 inches or greater at 4 1/2 feet above the ground level within the area of disturbance which are to be preserved.
Labeling of the entire area indicating tree trimming/removal and tree protection.
Limit of disturbance line.
Areas reserved for topsoil stockpiling and storage of construction equipment.
Tree protection measures and the limit of disturbance line shown on the plan shall be provided in the field with snow fencing or other durable material and verified by a designated representative of the Township prior to any disturbance. The snow fencing or other barriers shall be a minimum of four feet high and remain in place until work is complete. The barriers must be self-supporting.
Snow fencing or barriers used for tree protection shall be firmly secured along the dripline, not less than six feet from the tree trunk.
The grade of the land within the dripline shall not be raised or lowered more than six inches. No soil stockpiling or storage of equipment or vehicles shall be permitted within the dripline or within six feet of any tree to be preserved, whichever is greater.
No equipment shall be operated within six feet of any tree protected by this article, nor shall such equipment be operated at any such time in such a manner as to injure any such tree.
Where there is any damage to a tree noted for preservation, the licensee shall take immediate steps to prevent further damage and to repair or assist the tree. If the Township determined that a tree noted for preservation has sustained damage which makes it unlikely to survive long-term, the replacement provisions of § 233-52F(4)(a) shall apply.
Prelicense. Prior to the Township taking any action on an application for tree trimming or removal on Township property, an inspection of the site shall be made by the Township. Such inspection shall include the licensee's property, the Township property which is the subject of the application and any adjoining land or lands in the vicinity which could be impacted by the trimming or clearing.
Licensee shall notify the Township Planner in writing at least five business days in advance of the commencement of work, and no work may commence until the first post-permit site inspection has taken place and approval is given by the Township.
The site inspection shall verify:
All trees identified to be removed or trimmed have been marked by red ribbons attached to and completely circling the tree trunk or by red paint sprayed around the trunk.
All trees identified to be protected are visibly marked by blue ribbons attached to and completely circling the tree trunk.
Any areas which may be impacted by tree removal activity or satisfactorily are protected with silt fencing.
Upon approval. Subsequent unannounced inspections may be made at any time during the tree trimming or removal work to verify continued site protection.
Final inspection. Upon completion of the tree trimming or removal work, the licensee shall notify the Township requesting a final inspection. The final inspection shall verify that all work has been completed in accordance with this article and the approved license.
[Amended 12-13-2016 by Ord. No. 1951-2016]
Any violation of this article or the license granted pursuant to this article shall be subject to enforcement in the Municipal Court of Galloway and, upon conviction, the licensee or any agent, employee or contractor shall be subject to a fine of not more than $2,000. In addition, the Township may pursue any action available at law or in equity to which it may be entitled, including, but not limited to, a suit for damages or equitable relief, including specific performance of the obligations required by this article.