Flood damage prevention — See Ch. 95.
Stormwater management — See Ch. 162.
Zoning — See Ch. 193.
ARTICLE IPlanting of Trees (§ 174-1 — § 174-5)
ARTICLE IIRemoval of Trees (§ 174-6 — § 174-16)
§ 174-1Prohibited locations.
§ 174-2Restricted species.
§ 174-3Removal of restricted species; notice.
§ 174-4Nonresident notice.
§ 174-5Violations and penalties.
From and after the passage and promulgation of this article, it shall be unlawful for any person, firm or corporation to plant or set out or cause to be planted or set out any trees of any kind whatsoever within two feet of the curb or public sidewalk line of any street.
It shall be unlawful for any person, firm or corporation to set out or plant or cause to be planted or set out within 1,000 feet of any street, lane or alley of said Borough in which sewers are or may hereafter be laid any of the following kinds or species of trees: Carolina poplar, Lombardy poplar or any other kinds of trees, the roots of which may interfere with the sewer system.
It shall be unlawful for any person, firm or corporation to maintain or permit to remain on its premises, within the limits of said Borough, any of the kinds of trees mentioned in the preceding section or any other kind of trees which may interfere with sewers, drains and sidewalks. Upon notice by the Town Council through any of its duly appointed agencies, such persons, firm or corporation offending shall, within 30 days from the date of said notice, remove the same.
Notices in cases of nonresidents of the Borough shall be given by posting on the premises for a period of 30 days and mailing to the addresses of the offenders if known, which notices shall be considered as equivalent to personal service.
Any person who shall violate any provision of this article shall, upon conviction thereof, be punishable by a fine of not more than $300 and costs of such proceedings or, upon default of payment of such fine and costs, by imprisonment in the county jail for a term of not more than 30 days.
§ 174-6Legislative intent.
§ 174-7Construal of provisions.
§ 174-8Word usage; definitions.
§ 174-9Prohibited acts; exceptions.
§ 174-10Permit required.
§ 174-11Contents of application; bond; insurance.
§ 174-12Application review procedures.
§ 174-13Harvest procedures.
§ 174-15Revocation of permit.
§ 174-16Penalties for offenses.
It is the intent of this article to promote the welfare of the people of the Borough of Baden by providing for regulation of the removal of trees in such a way as to protect and preserve the environment, roads and quality of the community in general. Trees are a natural resource and an integral part of the natural landscape of the Borough, providing soil erosion control, surface water flow barriers and scenic beauty, and fostering myriad plant and wildlife species. The removal or harvest of trees is therefore of prime concern to the people of the Borough of Baden and shall not be permitted, except as hereinafter provided.
No provision of this article shall be construed to repeal, modify or constitute an alternative to any lawful zoning, building construction, mining, land subdivision or environmental quality review law or any applicable state or federal regulation. Where the provisions of any such other law or regulation impose more stringent restrictions than are required by this article, the provisions of such law or regulation shall govern.
General construction of language. All words used in the present tense include the future tense; all words in the plural number include the singular number; and all words in the singular number include the plural number, unless the natural construction of the wording indicates otherwise. Unless otherwise specified, all distances shall be measured horizontally. The word "borough" means the Borough of Baden. The term "Zoning Inspector" and the term "Building Inspector" may and shall also include and be used and interpreted interchangeably with the term "Borough Forester/Consultant." An applicant for a timber harvesting permit may be the owner of said property upon which timber harvesting shall occur.
Definitions. As used in this article, the following terms shall have the meanings indicated:
- BOARD FOOT
- A measure of lumber 12 inches by 12 inches by one inch as measured by the International 1/4-inch Log Rule.
- COMMERCIAL TIMBER HARVESTING
- The cutting or removal of live healthy trees for sale or exchange of goods, commodities or services, when it is not performed in connection with legally permitted soil mining, building construction or building site development.
- NONCOMMERCIAL TIMBER HARVESTING
- The cutting or removal of trees when it is not performed as commercial timber harvesting.
- PROFESSIONAL FORESTER
- A person who has a minimum of a bachelor of science degree in forestry from a four-year college accredited by the Society of American Foresters and acceptable to the Borough Council.
- STANDARD CORD
- A cut stack of wood measuring four feet by four feet by eight feet or 128 cubic feet.
There shall be no cutting or removal of trees from any property in the Borough of Baden except as provided herein. These provisions shall not be construed as prohibiting or limiting the normal maintenance of trees or property through the selective removal of tree limbs, dead or diseased trees or brush.
No person, firm or corporation shall conduct any commercial timber harvesting operation in the Borough without first obtaining a timber harvesting permit from the Borough Council.
No person, firm or corporation shall conduct noncommercial timber harvesting in the town where the total harvest is to equal or exceed 15 standard cords of wood or 1,920 cubic feet of wood or 7,500 board feet of timber in a twelve-month period without first obtaining a timber harvesting permit from the Borough Council, except where such harvest is performed in connection with legally permitted soil mining, building construction or building site development. For those uses, a plan should be submitted to the Conservation Board for review under state environmental quality review statutes. All other noncommercial timber harvesting shall be exempt from permit requirements but must still adhere to the town's timber harvesting standards.
Application. In all cases where a timber harvesting permit is required, the applicant shall file with the Borough Secretary an application, in triplicate, for such permit, which shall include:
A letter of application stating a description of the proposed operation, the name and current address of the owner of the property to be harvested and the name and current address of the professional forester to be consulted in the operation. This letter shall bear the signature of the applicant and the property owner.
A site map which shall show:
The location and boundaries of the property to be harvested.
Existing topography at a contour interval of 10 feet.
The location and status of any previous timber harvesting operations on the property within the last five years.
All public roads within 500 feet of the property and roads that are to be used for access or removal of the harvest.
The location and bounds of areas to be harvested.
The intended location of storage piles, loading areas and skidding roads.
Road access to the property.
All existing or intermittent streams or standing bodies of water in or within 500 feet of harvest site.
Details of existing and proposed drainage, and proposed erosion control measures.
All buildings within 500 feet of the harvest site.
Sufficient data to determine whether the timber harvest will be controlled to prevent permanent environmental damage to the site or surrounding area.
A data sheet summarizing cutting operations, which shall include:
The total area involved in cutting operations.
The number of trees of each species to be cut.
The percentage of trees which have been cut in previous harvesting within the last five years.
The range, in inches, of diameter at breast height 4 1/2 feet above the ground of the trees to be cut.
The total board foot volume for each species to be cut.
The total volume to be removed from the cutting area.
The average number of board feet per acre to be cut.
For harvesting of trees for products such as fence posts, poles, pilings and firewood, the number of units per acre and the total number of units to be removed (expressed in the applicable unit of measurement, e.g., cords of firewood) may be shown in lieu of the items in Subsection A(3)(b), (d), (e) and (g).
An application fee in the amount of $300.
Proof of workmen's compensation insurance. The proof of said insurance or lawful exemption thereof shall be supplied at the time of consummation of the sale of timber.
Bond requirements: A performance bond shall be posted with the Borough Council in the amount of 10% of the contract price at the time of consummation of sale to insure conformance to the approved plans, contract and the erosion and sedimentation control plan. The Borough Council shall set a reasonable time limit for such bond, which will be two years unless otherwise designated. Said bond shall remain in full force and effect until a certificate of completion has been issued indicating compliance with the provisions of this article. In lieu of such a bond, the applicant may post a cash deposit or certified check with the Borough. The bonding requirement hereinabove described is separate and apart from any and all bonding requirements relevant and applicable to roads and vehicular travel thereon.
Owner's protective insurance policy. An owner's protective insurance policy shall be posted with the Borough Council in an amount and form to be determined by the Borough Council, but not to exceed $1,000,000, naming the Borough of Baden as a party insured, to insure the protection of the Borough of Baden against any liability arising from the logging operations. Said insurance shall be posted at the time of consummation of sale.
Each application for a timber harvesting permit, together with the required information described in § 174-11 shall be referred to the Borough Council by the Borough Secretary within five days of the date of the application for preliminary review. Within 45 days of the date the application is determined to be complete, the Borough Council shall call a public hearing on the application. Within 45 days after the close of the public hearing, the Borough Council shall forward its findings to the applicant and the Zoning Inspector, indicating that the application has been approved, disapproved with modifications or conditions. A copy of the Council's findings shall also be maintained in the office of the Borough Secretary.
Applicants for a permit shall reimburse the Borough the actual costs and fees incurred by the Borough for the following items and services:
Newspaper advertising costs (for publication of notices of public hearing);
Fair and reasonable fees associated with the services of a Borough forester/consultant who renders services to the Borough pursuant to authority and duties herein set forth; and
Fair and reasonable fees associated with the services of a Borough professional engineer who renders services to the Borough for project services directly related to the applicant's logging activity.
Should the Borough Council determine that a consultant should be retained to review the application, the applicant shall bear the cost of the consultant.
Permits issued under this section shall expire two years from the date of issuance, except that after a public hearing and upon a finding of the Borough Council that all terms and provisions of this article have been complied with, the Borough Council may extend permits for one-year periods.
Review by a professional forester. Where an applicant wishes to conduct timber harvesting under permit, the area to be harvested shall first be reviewed by a consulting professional forester who shall be retained by the applicant. Said foresters shall mark each tree to be removed, with paint or other distinctive means, at two points so as to be readily visible for inspection. One paint marking shall be low enough on the tree so as to be visible on the stump after the tree is removed.
No cutting or loading shall take place between the hours of 5:00 p.m. and 7:00 a.m. or on Sundays, New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day.
Timber harvesting shall be conducted in accordance with the operational standard entitled "Timber Harvesting Standards" which shall be maintained on file in the office of the Borough Secretary.
This article shall be enforced by the Borough Zoning Inspector. The Zoning Inspector may request and shall receive, so far as may be necessary in the discharge of his duties, the assistance and cooperation of the police and all other municipal officials exercising jurisdiction over property being harvested or harvesting operations.
The Zoning Inspector and assistants described above, upon the showing of proper credentials and in the discharge of their duties, may enter upon any property at any reasonable hour where timber harvesting is reported, proposed or being conducted, and no person shall interfere with such entry.
The Borough Council may revoke a timber harvesting permit theretofore issued in the following instances:
Where it finds that there has been any false statement or misrepresentation as to a material fact in the application, plan or information on which issuance of the permit was based.
Where it finds that the permit was issued in error and should not have been issued in accordance with applicable law.
Where the permittee fails or refuses to comply with a written order issued by the Zoning Inspector within the time fixed for compliance therewith.
Any person, firm or corporation who or which shall violate or fail to comply with a written order or notice of violation issued by the Zoning Inspector or with any of the provisions of this article or conditions of the timber harvesting permit shall be liable to punishment by a fine of not more than $300 or by imprisonment, or both. Each day that a violation continues shall be deemed a separate offense.