[Added 6-17-2008 by Ord. No. 8-2008]
A.
The City Council of the City of Northfield, believing
that inadequate tree density, whether occurring by natural causes,
or as currently existing on public and private land throughout the
City, or due to indiscriminate, uncontrolled and excessive destruction,
removal and cutting of trees upon lots and tracts of land within the
City, causes increased drainage control costs, increased soil erosion
and sedimentation, decreased fertility of the soil, degradation of
water resources, decreased groundwater recharge, increased buildup
of atmospheric carbon and increased dust tending to impact the character
and aesthetic value of the City and decreased property values, all
of which render land unfit and unsuitable for its most appropriate
use and adversely affects the health, safety, enjoyment and general
welfare of the inhabitants of the City, desires to regulate and control
unnecessary, indiscriminate, or excessive cutting of trees within
the City, replace and preserve the maximum possible number of trees
in the course of development of a site and throughout the City, protect
larger, older specimens of trees, encourage the replanting and preservation
of trees on public lands throughout the City, enhance the replenishment
of atmospheric oxygen, prevent the spread of tree disease or infestation
to healthy trees on development sites and on public lands throughout
the City, and encourage innovative design and grading to promote the
preservation of existing trees.
B.
The City Council of the City of Northfield recognizes
that there is a strong relationship between the integrity of the City
and the region's water resources, air quality, slope development,
tree removal, replanting and health, soil disturbance, stormwater
management and the general use of land resources. Therefore, the management
of these resources is an important health, safety, and general welfare
concern.
The following words and expressions, as used
in this article, shall have the following meanings, unless the context
clearly indicates a different meaning:
The City of Northfield, and its departments, including but
not limited to the Planning and Zoning Board or its Engineer, the
Zoning Office or a duly recognized representative of either entity.
The removal of all standing trees on a lot or portion of
a lot.
As determined by an appropriately appointed City official.
See § 215-5.
The diameter of a tree measured 4 1/2 feet (forestry
method) above the ground level on the downhill side for existing trees.
Trees utilized in the replacement of existing trees or proposed as
part of a landscape plan shall be measured 12 inches above ground
level for trees over a four-inch caliper; the measurement shall be
six inches above grade for trees four-inch caliper (nursery method)
or less. "Diameter at point of measurement" may appear as the abbreviation
"DPM."
A limiting line established by a series of perpendicular
drop points marking the maximum radius of the crown of an existing
tree, but not less than six feet from the trunk, whichever is greater.
A nursery-grown tree, properly balled, marked with a durable
label indicating genus, species, and variety, and satisfying the standards
established for nursery stock and installation thereof, set forth
by the American Nursery and Landscape Association.
The removal of larger trees on an individual basis while
leaving trees of lesser size.
The management of any wooded tract of land to ensure its
continued survival and welfare, whether for commercial or noncommercial
purpose, pursuant to a plan approved by the New Jersey Bureau of Forestry.[1]
Any tree of DPM of 18 inches or greater unless specifically
exempted by the provisions of this article.
The removal of undesirable, competitive, diseased or damaged
trees so as to cultivate and improve the development of remaining
trees on the lot.
Any deciduous or coniferous species which reaches a typical
height of 12 feet or more, and has a typical DPM or four inches or
greater at maturity.
The wooded lands within a lot or tract which are not specifically
excluded by any federal, state, county or City law or ordinance, deed
restriction or covenant running with the land. For purposes of this
article, those lands specifically eliminated from consideration as
wooded acres permitted for development include, but are not limited
to, wetlands as defined by N.J.S.A. 13:9B-1 et seq. Exceptions for
extreme hardships may be made by the Planning Board at its discretion.
A.
Cutting or removal. With the exception of the exemptions set forth in § 215-167, no person shall cut or remove, or cause to be cut or removed, any existing tree with a diameter at point of measurement (DPM) of eight inches or greater upon any lands within the City unless the cutting or removal can be accomplished in accordance with the provisions of this article. This article shall further be clarified to include trees within City rights-of-way.
B.
Other restrictions. Causing death to any tree for
any reason or by any means whatsoever, whether directly or indirectly,
purposefully or accidentally, shall be considered the equivalent of
purposefully cutting and clearing that tree.
A.
With the exception of the exemptions set forth in § 215-167 and subject to the provisions of § 215-167, no tree shall be cut or otherwise removed from any lands in the City, including the right-of-way of any street or easement, without a tree removal permit. All applications to the City for approval of a major subdivision, minor subdivision, or any site plan requiring tree removal, unless otherwise exempt pursuant to this article, shall include an application for a tree removal and protection permit. All applications for tree removal and protection permits, whether in conjunction with major or minor subdivisions, site plan applications, or otherwise, shall be made to the Zoning Officer of the City of Northfield for referral to the approving agency. No tree that was planted or preserved as part of any landscape plan or in accordance with any street requirements approved in conjunction with a subdivision or site plan shall be removed, except for such trees directed to be removed pursuant to § 215-167A(6), (7) and B below.
B.
Individual commercial lots not subject to a development
application may be cleared up to 20% of the lot area, within the allowable
building envelope. Up to three trees within the building setback areas
as outlined in this chapter can also be removed in any two-year period.
C.
However, clearing of the property that is carried
out pursuant to this article and which is not part of an application
for subdivision or site plan, shall preclude said property from being
the subject of a development application for a period of two years
from the date of clearing so as to discourage "pre-clearing" of property
and circumventing the provisions of this article. Unless the owner
of a property which has been cleared in excess of the limitations
set forth in this article notifies the City Zoning Officer in writing
at least two years in advance of becoming an applicant for development
of any kind on the property in question, such failure to provide adequate
notice of clearing at least two years prior to becoming an applicant
will be grounds for the City Construction Office or Planning/Zoning
Board to find any application for construction or development incomplete.
Such adequate notice shall be sent by certified mail at any time.
However, any application for construction or land development will
not be deemed complete until two years after adequate notice has been
provided.
A.
The following shall be exempt from the requirements
of this article:
(1)
Commercial nurseries and fruit orchards.
(2)
Christmas tree farms.
(3)
Single-family residential lots from which the owner
or its contractor or other worker is removing not more than three
trees, all with DPMs between eight inches and 12 inches, in any consecutive
two-year period, within the building setbacks area as outlined in
this chapter; any tree, regardless of size, located in the allowable
building envelope as outlined in this chapter.
(4)
Trees directed to be removed by City, county, state, or federal authority pursuant to law, and trees to be removed per § 215-171B.
(5)
Removal of trees which have been previously determined
by the Office of the City Zoning Officer or personnel approved by
the Office of the City Zoning Officer to be:
(6)
Pruning
or removal of trees within the right-of-way by utility companies for
maintenance of utility wires or pipelines and the pruning of trees
within sight easements.
(7)
Development projects for which applications have been
deemed complete on or before the effective date of this article.
(8)
Clearing required assuring proper operation of alternate
energy sources, such as solar, geothermal HVAC or wind-energy machines.
Certification from the manufacturer, stating the minimum required
clearing, shall be provided to the Zoning Office.
B.
The following exemptions apply to single-family residential
uses:
(1)
Where the location of an existing tree provides no
other alternative but to place a structure outside the permitted building
setbacks.
(2)
Where the location of an existing tree negatively
impacts on an existing septic field.
(3)
Where tree removal is necessary for the placement
of a driveway, deck, patio, shed, lawn area, or swimming pool or the
recreational use by the inhabitants of the dwelling, or any other
authorized improvements but in the vicinity of an existing tree.
C.
The following tree species shall be exempt from the
provisions of this article concerning preservation in a disturbed
area, unless the City determines a specific tree is a unique specimen:
See county tree list.
A.
Application review procedure. Every application to
the City for approval of a major subdivision, minor subdivision, or
any site plan that requires the removal of trees of DPM of eight inches
or greater shall be accompanied by a tree preservation plan. This
plan is for City consideration; approval in conjunction with subdivision
or site plan approval does not constitute a permit for tree removal.
Subsequent tree removal and protection permit applications are to
be made for each right-of-way (ROW, meaning a street or similar path
offering ingress to or egress from the lots of the development), for
each easement, and for each lot of the subdivision or site, or group
thereof, as each applicable, as each lot or group is to be developed.
Said applications shall conform to the plan as approved and may be
grouped as desired by the applicant in accordance with the approved
plan, as one permit application, except that the clearing of each
lot or group of lots within a subdivision shall take place on an individual
basis separate from ROW clearing, and clearing for areas outside of
the residential lot areas, requiring a separate permit application.
The plan shall include a map, at a scale no finer than one inch equals
30 feet, prepared by either a land surveyor, or a professional engineer
or planner licensed by the State of New Jersey, and shall include:
(1)
The boundary and acreage of the site and all block
and lot numbers as shown on the Tax Map of the City;
(2)
The location and identity of all trees of DPM of eight
inches or greater.
(3)
Specified proposals for replanting or replacements,
if applicable.
(4)
The location of streams and watercourses.
(5)
The location of slopes with grades steeper than 15%
from which trees are to be removed.
(6)
Areas noted where tree removal is necessary due to
grade changes. Areas shall be shaded and noted accordingly.
B.
Permit application procedure.
(1)
Application form. The application form shall be available
from the Office of the City Zoning Officer and shall include the following
information:
(a)
Name and address of the applicant for the permit,
status of legal entity (individual, partnership, corporation of this
or any other state);
(b)
Status of the applicant with respect to land
(owner, lessee, tenant, purchaser, under contract, etc.) and, if other
than the owner of the property, an accompaniment providing the owner's
written consent;
(c)
Address of the property (street and number)
and block and lot number;
(d)
A list of all trees, deciduous or coniferous,
to be removed with a DPM equal to or greater than eight inches, identified
by size and species, including total number of each species to be
removed;
(e)
Purpose for tree removal (construction, street
or roadway, driveway, utility easement, recreation areas, patio, parking
lot, etc.);
(f)
Other information the applicant deems necessary
in order effectively to process and decide such application; and
(g)
Claims for exemptions and provisions for supporting
information. Where a highly desirable specimen tree is worthy of preservation,
an applicant may submit a variance application to the Planning/Zoning
Board without cost to provide flexibility for relocating a structure
outside of the building envelope.
(2)
Landscape plan. The following information shall be
provided on a landscape plan prepared in accordance with this article:
(a)
Location of tree canopy within the property
boundaries. "Tree canopy" is defined to include any deciduous or coniferous
species existing at the time of application with a DPM of four inches
or greater.
(b)
Location and identification by size and species of individual trees as listed in Subsection B(1)(d) for removal, plus those trees of DPM of eight inches or greater within the area of development/limit of disturbance which are to be preserved.
(c)
Clear labeling of the entire area intended for
tree removal/protection.
(d)
Limit of disturbance line.
(e)
Areas reserved for topsoil stockpiling and storage
of construction equipment.
(f)
Identification of proposed structures, utility
lines, waste lines, septic fields (if applicable) and fuel storage
tanks (if applicable). The landscape plan is to accompany the submission
of the application.
(3)
Submission. The application and landscape plan are
to be filed with the Office of the City Zoning Officer and the Office
of the City Planning/Zoning Board for each ROW, for each easement,
and for each individual lot or group of lots in the subdivision or
on the site plan, as applicable.
C.
Clearing requirements.
(1)
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. Trees located
beyond 10 feet of a building foundation or driveway shall be preserved,
unless an exception is granted.
(b)
Existing tree canopy clearing.
[1]
For residential development, no more of the
existing tree canopy within the property boundaries shall be removed
beyond the limits in this subsection. Existing tree canopy comprised
of the remaining lot area shall be noted for preservation. The permitted
clearing limits for residential development shall be either 10% greater
than the allowable site coverage, or 10% less than the open space
requirement, expressed as a percentage of site area, whichever is
greater. The Planning/Zoning Board will also consider the extent to
which the proposed landscaping plan ameliorates the impact of the
tree clearing and determine whether additional landscaping requirements
may be necessary at the time of site plan or subdivision review.
[2]
For commercial development, tree protection
shall be determined on a case-by-case basis, upon review of the applicant's
tree removal and preservation plan, in accordance with the requirements
of this article and the quality of landscaping proposed with the development.
The combination of selective tree clearing and quality of landscaping
will be considered by the Planning Board, evaluating each proposal
on the basis of its appearance to the community as a commercial development.
(c)
Landscape standards may be waived by the Planning/Zoning
Board when trees and/or shrub masses are preserved and/or relocated
on-site that duplicate or essentially duplicate the landscape requirements
contained in this section. Existing trees and/or shrub masses preserved
within wetlands, wetland transition areas, or other use-restricted
areas are excluded.
(d)
Any appropriate City reviewing authority shall
have the option of requiring a conservation easement to protect any
or all trees or tree canopy areas to remain on site.
(e)
A healthy historic tree, or an endangered species
or specimen tree, shall be preserved to an extent reasonably possible
by the modification of lot development plans. If such modifications
requires a variance, a variance application may be made to the appropriate
agency without cost.
(2)
Site protection.
(a)
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 material and verified by a designated
representative of the Office of the City Zoning Officer prior to soil
disturbance. For purposes of enforcement, the designated representative
of the City shall be the City of Northfield Zoning Officer or his
designee.
(b)
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 last until construction is
complete.
(c)
Chain-link fence may be required for tree protection
if warranted by site conditions and relative rarity of the plant.
(d)
Snow fencing used for tree protection shall
be firmly secured along the dripline, but not less than six feet from
the trunk.
(e)
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.
(f)
No soil stockpiling, storage of building materials,
construction equipment or vehicles shall be permitted within the dripline
or within six feet of any existing tree to be preserved, whichever
is greater.
(g)
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. 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. Excavating
operations within four feet of any tree require a separate permit
from the Office of the City Zoning Officer.
(h)
Parasitic growth, such as clinging vines, are
to be removed from all trees noted for preservation and which are
to be protected as required herein. Such removal is an ancillary requirement
of the granting of a clearance permit.
D.
Tree
care and plantings.
(1)
Tree replacement and reforestation.
(a)
Where clearing and/or construction on the site
results in accidental or deliberate removal or severe damage which
will eventually result in the death of any tree noted for preservation,
the developer shall replace the tree(s) in accordance with the following
table in accordance with its approved subdivision or site plan:
|
DPM of Existing Tree Removed
(inches)
|
Minimum Number of Replacement Trees1
| |
|---|---|---|
|
Less than 8
|
0
| |
|
8 to less than 12
|
2
| |
|
12 to less than 18
|
4
| |
|
18 to less than 24
|
6
| |
|
24 to less than 30
|
8
| |
|
30 to less than 36
|
10
| |
|
Equal to or greater than 36
|
122
|
|
NOTES:
| ||
|---|---|---|
|
1
|
Replacement trees shall be located on site.
| |
|
2
|
Additional tree for each inch of DPM greater
than 36.
| |
(b)
All trees required for planting by this Subsection D shall be of a hardwood deciduous species indigenous to the area of a minimum 2 1/2 inch caliper, unless alternatives are granted by the appropriate approving authority such as the Planning/Zoning Board, or the Office of the City Zoning Officer on a case-by-case basis.
(2)
Damage assessment. When a tree noted for preservation has been inadvertently damaged during construction, the developer or owner shall take immediate steps to preclude resultant tree death. Such steps shall include staking, bark painting, and deep root fertilization and/or pruning under direction of a licensed arborist. However, where the City authority determines after field investigation that a large specimen tree has sustained significant damage such that there is doubt concerning its chances for long-term survival, the provisions of Subsection D(1)(b) apply.
(3)
Pollution recovery. For every residential, commercial,
or industrial site development, the plan shall include the addition
of one tree for every four parking spaces.
(4)
Bonding for tree replacements. The developer or property owner shall post a bond of $200 per replacement tree, at the time of requesting a CO, if such replacements are not installed. A conditional CO may be issued pending such replacements. Conditional COs will be made final COs upon full replacement installation with return of bond money, or after one year if no replacements are installed, with forfeiture of bond money to the Tree Bank Fund of § 215-170B.
A.
Applicability. Except as provided in § 215-167, Exemptions, any residential lot that is removing more than three trees with DPMs between eight inches and 12 inches within the building setback area, in any consecutive two-year period, shall submit an application for a tree removal/protection permits to the Office of the City Zoning Officer. The application and development proposal shall conform to the provisions contained herein.
B.
Application form.
(1)
The tree removal/protection application form shall
be available from the Zoning Officer and the office of the Zoning
Officer, and shall be identical to that required for major/minor subdivisions
and site plans, and shall require all of the same information to be
provided.
(2)
Where a highly desirable specimen tree is worthy of
preservation, an applicant may submit a variance application to the
appropriate agency without cost to provide flexibility for relocating
a structure outside of the building envelope.
(3)
No application fee is required for any single-family
residential property.
C.
Sketch data. A sketch shall be provided with the application,
showing the location of the trees to be removed with a DPM of eight
inches or greater and their proximity to existing and/or proposed
structures and property lines. The sketch shall also show areas reserved
for topsoil stockpiling and storage of construction equipment.
D.
Design requirement.
(1)
Trees to be removed shall be only those trees necessary
to permit the construction of buildings, structures, decks, driveways,
lawn area, swimming pools and the like.
(2)
Existing vegetation shall be preserved to the greatest
extent feasible. Trees located beyond 15 feet of a building foundation
or driveway shall be preserved unless an exemption is granted by the
receiving agency.
E.
Site protection. Site protection measures shall be
provided in accordance with Subsection F(3)(b).
F.
Additional tree removal criteria. In addition to the
design requirements stated above, the City or its Zoning Officer may
grant a tree removal permit based upon one or more of the following
circumstances: (Reserved)
G.
Review by Zoning Board. If, in the opinion of the
City or its Zoning Officer, the request for tree removal does not
satisfy any of the above criteria, the applicant may request that
the application be forwarded to be Planning/Zoning Board for action.
Decisions of the Planning/Zoning Board are final.
H.
Tree replacement.
(1)
For every tree removed with a DPM of eight inches
or greater but less than 18 inches, either as not approved by application
or accidentally injured during construction, a replacement tree shall
be planted on the residential lot under an approved permit. Said replacement
shall be a minimum of 2 1/2 inches' caliper, shall be of a species
similar to that of the tree removed, and shall be planted within the
two-year time period associated with the application.
(2)
For every tree removed with a DPM of 18 inches or
greater, either as approved by application or accidentally injured
during construction, two replacement trees shall be planted on the
residential lot. Said replacements shall be of a minimum of 2 1/2
inches' caliper, shall be species similar to that of the tree removed,
and shall be planted within the two-year time period associated with
the application.
(3)
The developer or property owner shall post a bond of $200 per required replacement tree at the time of submitting the request for a tree removal/protection permit, to satisfy the requirements above. Bond money will be returned upon the full completion of tree replacements. Bond monies will be forfeited to the Tree Bank Fund of § 215-170B if full replacements are not completed within two years of the granting of the tree removal/protection permit.
A.
B.
Additionally, the City shall maintain a Tree Bank
Fund as a depository for monies as specified in this article.
A.
Granting permits.
(1)
In addition to any design requirements provided in
this article and unless otherwise indicated herein, a tree removal
permit may be granted for the following reasons and under the following
terms and conditions:
(a)
That 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.
(b)
That the area where such tree or trees are located
has a cut, depression to fill of land, or the topography of the land
is of such a character as to be injurious or dangerous to such tree
or trees, or to trees, or to a tree or trees located nearby.
(c)
That 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.
(2)
Tree removal is conditioned on an express finding
by the City or its Zoning Officer that the proposed removal will not
result in or cause, increase, or aggravate any or all of the following
conditions: impaired growth or development of remaining trees or shrubs
on the property of the applicant, or upon adjacent property; soil
erosion, sedimentation, and dust; drainage or sewerage problems; or
dangerous or hazardous conditions.
(3)
The City or its Zoning Officer shall have the power
to affix reasonable conditions to the granting of any permit for the
removal of trees. New Jersey certified tree experts may be consulted
to recommend specimen trees to be preserved as well as to identify
trees with questionable survival rates.
B.
Certification. Upon certification by the City Zoning
Officer that one or more trees located on lands in the City, either
public or private, is diseased or harboring destructive insects and
should be destroyed because of danger of further infection or infestation
of additional trees upon same or adjoining lands, the City Zoning
Officer may, with or without the consent of the owner of the lands
involved if private, order the destruction and/or removal of said
trees, provided the lands involved are restored to their original
condition using nursery stock that has been set aside by the tree
banking program.
A.
Time for approval.
(1)
Where the plan is submitted as part of an application
for major subdivision, minor subdivision or site plan approval, the
time for approval shall be governed by the time requirements applicable
to major subdivision, minor subdivision or site plans.
(2)
Where the application for a tree removal and protection permit is made subsequently for ROWs, easements, or for lots or groups of lots of a subdivision or site, or in connection with a single-family lot (not part of a major or minor subdivision), the City or its Zoning Officer shall act on the application within 20 days of its receipt or within such additional time as consented to by the applicant. Failure to act within 20 days, or any extension thereof, shall be deemed to be an approval of the application, and thereafter the City or its Zoning Officer shall issue a tree removal permit based thereon. However, no tree removal activity shall be undertaken until the inspection requirements of § 215-174 shall have been satisfied. A copy of the signed application shall be sent to the applicant as a permit.
B.
Denial. No approval of a plan submitted to an agency
shall be granted if the agency finds that the proposed tree removal
plan is contrary to the best interests of the public health, safety,
or general welfare.
A.
Permits
granted for the removal/protection 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:
(1)
If granted for a lot or parcel of land for which no
building permit is required: one year from the date of issuance.
(2)
If granted for a lot or parcel of land for which a
building permit is required, but for which no site plan approval is
required by the City Planning Board: until expiration of the building
permit granted with such tree removal permit.
(3)
If granted for a lot or parcel of land for which site
plan approval from the agency is required as a condition precedent
to obtaining a building permit: until expiration of the site plan
approval, or expiration of the building permit issued after such site
plan approval, whichever comes first.
(4)
If granted for a lot or parcel of land for which minor
subdivision is sought: one year from the date of granting such minor
subdivision approval.
(5)
If granted for a lot or parcel of land for which preliminary
approval of a major subdivision is sought: until expiration of such
approval.
B.
Any new lot created by way of subdivision will have
to comply with the requirements of this section; as such, the developer
will be required to submit a tree protection plan for each individual
lot. This plan, having been approved by the City, will indicate trees
that are to be preserved. The developer must attest to that fact that
he/she has informed the potential lot purchaser that no further clearing
of the property may be done for a period of two years without being
subject to the penalty section of this article.
A.
Pre-permit. Prior to taking final action upon any
application for tree removal and protection, an inspection of the
site shall be made by:
(1)
A duly designated representative of the City considering
granting approval of the plan.
(2)
The Zoning Officer, the City Engineer, or an arborist
appointed by the City and paid by the applicant as may be required
for all other cases. Such inspections shall be made of the site referred
to in the application, and of contiguous and adjoining lands, as well
as of lands in the vicinity of that of the application, for the purpose
of determining drainage conditions and physical conditions existing
thereon.
B.
Post-permit.
(1)
The holder of the tree removal permit shall notify
the City Zoning Officer in writing at least four business days in
advance of when he wishes to commence tree removal activity. However,
no tree removal activity shall begin until the first post-permit site
inspection takes place and approval to commence is given by the City
Zoning Officer.
(2)
The notification shall also include a description
of the manner of disposal for the removed trees.
(3)
Site inspection shall verify:
(a)
All trees identified to be removed in the application
and accompanying sketch are marked by red ribbons attached to and
completely circling the tree trunk, or by red paint sprayed around
the truck.
(b)
All trees identified to be saved in the application
and sketch are visibly marked by blue ribbons attached to and completely
circling the tree trunk.
(c)
The limit-of-disturbance line is identified per § 215-168C(2) or 215-169E of this article.
(d)
Tree protection measures for all trees and DPM equal to or greater than eight inches, not scheduled for removal, as identified on the landscape plan or sketch, have been taken per § 215-168C(2) or 215-169E of this article.
(e)
Any steep slope areas on the lot which may be
impacted by tree removal activity are satisfactorily protected with
silt fencing.
(f)
No tree removal activity has been undertaken
and no construction activity which may jeopardize trees to be saved
has begun.
(4)
The inspector, upon completion of this first inspection,
may verbally approve or deny commencement of tree removal activity,
but shall follow up and issue a written notice within two business
days. If a denial is issued, the written notice shall specify all
reasons for the denial.
C.
Subsequent inspection.
(1)
Should the first post-permit inspection result in denial to commence tree removal activity, the permit holder, when he believes he has satisfied all concerns, shall repeat the procedures of Subsection B, and the inspector shall verify the requirements therein upon a repeat first inspection.
(2)
Upon approval.
(a)
Subsequent unannounced inspections can be made
at any time during tree removal activity to verify continued site
protection.
(b)
Upon completion of tree removal activity, the
permit holder shall notify the City Zoning Officer, requesting a second
inspection.
[1]
The second inspection shall verify:
[a]
All trees scheduled to be removed
have been removed.
[b]
Tree disposals have been made per
the notice for first inspection.
[c]
No trees identified to be saved
have been compromised.
[d]
Save-tree identification markings,
limit-of-disturbance markings and steep slope fencing all remain in
place.
[e]
Tree protection measures remain in place.
[2]
Successful passing of the second inspection
is a prerequisite for the issuance of a building permit when such
is required. The City Zoning Officer shall issue a report in writing
of the results of the second inspection within two business days.
(c)
Tree replacement. When tree replacements are
specified by this article, a final inspection is to be performed.
The permit holder shall request such an inspection in writing to the
City Zoning Officer when all replacement trees have been planted and
staked. Successful passing of the final inspection is a prerequisite
to the issuance of a CO, where applicable, and the return of bond
monies.
A.
The appropriately appointed or assigned City official(s)
or its Zoning Officer shall enforce the provisions of this article.
Enforcement means the following:
(1)
Withholding approval for the issuance of a building
permit or CO, as applicable;
(2)
Requesting the Construction Official of the City to
issue a stop-work order; the Building Division shall act on this request
within one business day;
(3)
Issuing a summons in Municipal Court; and
(4)
Withholding release of or confiscating bond monies.
B.
Should any tree requiring the issuance of a removal/protection permit be removed without such permit, the City or its Zoning Officer shall, in addition to any other enforcement measures take, according to Subsection A above, issue a tree removal summons returnable in Municipal Court to the property owner(s) or person(s) exercising dominion and control over the property and any contractor(s) or individual(s) who actually removed said trees. The tree removal municipal summons shall expose the aforesaid persons and/or entities to penalties on a per-tree basis for each individual tree removed without the requisite tree removal/protection permit.
C.
Upon conviction in Municipal Court for removal of any tree without
the requisite removal/protection permit, the property owner and/or
person(s) who actually cut down such tree shall be subject to a term
of imprisonment not exceeding 90 days, a period of community service
not exceeding 90 days or a fine as follows:
[Amended 5-30-2017 by Ord. No. 6-2017]
B.
Tree Bank funds at a particular location shall be
allocated and expended with the following priorities:
(1)
Replacing trees identified by the City Zoning Officer
or personnel approved by the City as having suffered damage sufficient
to kill or eventually kill them due to the applicant's development
activities;
(2)
Planting trees where the City Zoning Officer or personnel
approved by the City have determined there is inadequate forestation;
(3)
Removing and replacing trees identified by the City
Zoning Officer or personnel approved by the City that are dead, dying
or diseased;
(4)
Properly disposing of trees that are dead, dying or
diseased so as not to spread any disease or infestation to healthy
trees; and
(5)
Preserving trees by performing appropriate tree maintenance
as specified by the City Zoning Officer or personnel approved by the
City.
