A landscape buffer shall be provided in any nonresidential zone
and for any nonresidential use where a development abuts a residential
zone or residentially developed property. The buffer shall provide
a year-round visual screen to minimize adverse impacts from the site
on adjacent properties. The following buffer area and landscaping
requirements shall apply, unless a different requirement is set forth
elsewhere in this chapter:
B.
Buffer areas will be contiguous with residential property lines and
shall be of uniform width.
C.
If the buffer is less than 20 feet wide, the applicant may be required
to erect and landscape a six-foot-high stockade fence within the buffer
area, parallel to the lot line of the abutting residential lot.
D.
Buffer areas shall be maintained and kept clean of all debris, rubbish,
weeds and tall grass. Any screen planting shall be maintained permanently,
and any plant material which does not live shall be replaced within
one year or one growing season.
E.
No structure, activity, storage of materials, driveways or parking
of vehicles shall be permitted in the buffer area, except permitted
signs as specified in the district regulations.
F.
Requirements for planting in buffer area.
(1)
A solid and continuous landscaped screen shall be planted and
maintained around parking and loading areas, eliminating glare of
vehicle lights and enhancing the building from the abutting residential
areas. The landscaped screen shall consist of evergreen trees, such
as hemlock, Douglas fir, Norway spruce, etc. Evergreen trees shall
not be less than five feet high when planted, and the lowest branches
shall be not more than one foot above the ground. In the event that
the existing evergreen trees do not cover the required area from the
ground, said landscaping screen shall be supplemented with evergreen
shrubbery.
(2)
In addition to the landscaped screen, shade trees may be required.
(3)
If the buffer area includes existing growth of evergreen and
deciduous trees and shrubbery, but not enough to provide a suitable
screen as required above, existing trees and shrubbery may remain
and shall be supplemented by additional evergreen plantings to provide
the required landscaped screen. In the event the approving authority
finds that further plantings of evergreens will not grow satisfactorily
in said buffer areas, stockade fencing, six feet high, shall be erected
in the buffer area.
G.
The approving authority shall have the power to waive any of the
requirements or details specified above if it determines an adequate
buffer can be provided in less than the required width while maintaining
the purposes of this section. The approving authority, when considering
waiving any of the buffer requirements, shall review the proposed
plat and the standards and purposes of this chapter and, to these
ends, shall consider the location of buildings, parking areas, outdoor
illumination and topographic features of the area and existing features,
such as trees and streams; the efficiency, adequacy and safety of
the proposed layout of driveways, streets, sidewalks and paths; the
adequacy and location of screening and parking areas, structures and
uses; and such other matters as may be found to have a material bearing
on the above standards and objectives.
No person shall do or cause to be done any of the following
acts affecting trees, shrubbery or ornamental material planted or
growing naturally within the rights-of-way or public places under
the jurisdiction of the Borough, except with a written permit obtained
from the Construction Official or other approving authority:
A.
Cut, trim, break, disturb the roots of, or spray with defoliants
any living tree or shrub, or injure, misuse or remove any structure
or devices placed to support or protect any tree or shrub.
B.
Place or remove, or climb with spikes, any living tree or shrub.
C.
Fasten any rope, wire, electric attachments, sign or other device
to a tree or shrub or to any guard about such tree or shrub.
D.
Close or obstruct any open space provided about the base of a tree
or shrub to prohibit the access of air, water or fertilizer to the
roots of such tree or shrub.
E.
Pile any building material or make any mortar or cement within six
feet of a tree or shrub.
F.
Change the grade of the soil within the limits of the lateral spread
of the branches of any such tree.
G.
Wire, cable and electric current. Every person having control over
any wire for transmission of an electric current along a public highway
shall, at all times, guard all trees through which, or near which,
such wire passes against any injury from the wire or cable or from
the electric current carried by it. The device or means used shall
in every case be subject to approval by the Department of Construction
Official.
H.
Guy wires and braces prohibited. No person shall place any guy wire,
brace or other device on any tree in such a manner as to injure it.
I.
Chemical damage. No person shall permit any brine, gas or injurious
chemical or liquid to come in contact with the stump or roots of any
tree or shrub upon a public roadway other than routine salting for
hazardous road conditions as affect the health and safety of the general
public.
J.
Interference with Department of Construction Official. No person
shall prevent, delay or interfere with any lawful work undertaken
by the Department of Construction Official or its authorized agent.
A.
Removal required; notice. In case any tree or shrub or any part thereof
along the public roadway shall become dangerous to public safety,
the owner of the property in front of which such tree or shrub is
located shall forthwith remove the same, or the required part thereof,
upon receipt of written directive to that effect from the Department
of Construction Official.
B.
Standard established. The owner or tenant of any lands lying within
the Borough shall keep all brush, hedges and other plant life, growing
within both 10 feet of any roadway and within 25 feet of the intersection
of two roadways, cut to a height of not more than 2 1/2 feet.
This shall not require the cutting down of any trees where there is
vision through the trees at a height of between 2 1/2 feet from
the ground and eight feet from the ground.
C.
Removal by Borough. If the owner fails to remove the tree or shrub
or portion thereof within two weeks after receipt of written notice
to do so, the work shall be performed by the Borough under the supervision
of the office of the Zoning Officer, or a designated agent of the
Borough, who shall certify the cost thereof to the Council.[1]
D.
Costs charged against lands; lien established. Upon receipt of the
certified costs, the Borough shall examine same and, if found correct,
shall cause the costs to be charged against the lands or, if the Council
deems the costs to be excessive, shall cause the reasonable cost thereof
to be charged against the lands. The amount so charged shall forthwith
become a lien upon the lands and shall be added to and become and
form part of the taxes next to be assessed and levied upon the lands,
the same to bear interest at the same rate as other taxes, and shall
be collected and enforced by the same officer and in the same manner
as taxes.
If any person shall continue to violate any of the provisions of this chapter, after being duly notified of such violation, or shall neglect or refuse to comply with any lawful order of the office of the Zoning Officer, such violator shall be punishable as provided in § 195-83L of this chapter.
A.
Findings. The development of unimproved or vacant land for the purpose
of erecting home sites can result in indiscriminate and excess cutting
of trees upon tracts of land and can create increased surface drainage
and soil erosion, thereby increasing municipal costs to control drainage
within the Borough. Excessive removal and destruction of trees impairs
the stability and value of improved and unimproved real property in
such areas, with attendant deterioration of conditions affecting the
health, safety and general welfare of the inhabitants of the Borough.
Further, regulations for the indiscriminate removal of trees is within
the police power of the Borough.
B.
BUFFER AREA
BUILDING PLOT
PERMITS
TREE
UNIMPROVED OR VACANT LAND
Definitions. For the purpose of this section, the following words
shall have the meanings indicated:
The distance from the side and rear property lines, beginning
at the front setback line of the lot and running to the rear line
in the case of side lines and for the entire width of the side and/or
rear line.
A parcel of land upon which a building has been or may be
erected in accordance with this chapter.
A license issued by the Construction Official to remove or
destroy trees from any unimproved or vacant land as defined in this
section.
Any living tree, having a trunk of a diameter of eight inches
or greater, measuring at a height of four feet above natural grade.
Such privately owned land upon which no home has been completely
built, and for a period of two years after the certificate of occupancy
is issued.
C.
Application of provisions. The provisions of this section shall apply
to all unimproved or vacant lands within the Borough.
D.
Permit required; application procedures.
(1)
Permit required. No property owner shall remove or destroy,
or cause to be removed or destroyed by any person, any tree on any
unimproved or vacant tract of land within the Borough unless a permit
is obtained for such removal.
(2)
Application fee. The permit shall be obtained from the Construction
Official upon an application being made therefor and a fee of $10
with each application.
(3)
Application information where no building permit is requested.
An application for a permit for removal or destruction of any tree
or tract where no building permit is requested or contemplated shall
contain the name of the applicant, the name of the owner of property
with the consent of the owner, if different from applicant, the location
and species of trees on a sketch of the property and the reasons for
the removal or destruction.
(4)
Application information where building permit is sought. An
applicant/owner shall file, along with an application for a permit
for removal or destruction of trees, where a building permit for construction
is being sought, a site plan, a plan showing the location and species
of trees on site, and which trees on the property are to be removed,
together with the condition of such trees shown on the plan by the
architect, engineer or landscape architect, under the seal of such
professional.
(5)
Determination of Planning Board; issuance of permits. The Planning
Board shall determine which trees may be removed, and the permit for
such removal shall be issued by the Construction Official at the time
of the issuance of the building permit.
(6)
Referral to other agencies. The Planning Board shall refer all
applications to the Shade Tree Advisory Committee and/or Environmental
Advisory Committee for their examination and opinion. Their report
shall be submitted to the Planning Board within 20 days of receipt
of same. The Planning Board shall not be bound by the recommendations
of these Committees, and failure to submit a report to the Planning
Board within 20 days shall not be construed as a restriction at any
time following the expiration of the twenty-day period.[1]
(7)
Appeal. In the event of denial of any permit, the applicant
seeking appeal from the decision of the Construction Official shall
proceed before the Board of Adjustment as provided by statute.
E.
Standards for removal. The following shall be the standards to be
applied in determining which tree may be removed:
(1)
Hardship in such cases shall be based on an examination of all
circumstances considering the applicant's hardship. If the hardship
of the owner outweighs the public benefit promoted by retention of
trees, the hardship requiring removal may be found to exist.
(2)
Any area to be occupied by a building, driveway, walkway, or
recreation area (tennis courts, swimming pools or similar facilities)
may have the trees removed, but not more than 15 feet around the perimeter
of such facilities, provided the required buffer is not impacted.
If no such facilities are provided, the trees may be removed within
20 feet of the rear of a dwelling, provided that in no event shall
trees be removed from the rear yard buffer, except as permitted in
this chapter.
(3)
The area in the required buffer shall remain undisturbed except
for supplemental grading as approved by the Planning Board, provided
that no grading shall be permitted within the dripline of a tree which
has a caliper of minimally six inches, and further provided that planting
shall be permitted in the required buffer. It is further provided
that driveways (or walls supporting same) shall be allowed in a buffer,
but in no event shall a driveway be permitted to intrude more than
five feet into the buffer. Notwithstanding any other provision herein,
no tree in a buffer may be removed.
(4)
Where the area has a cut or fill deemed injurious or dangerous
to trees, there may be removal of trees in such area, as determined
by the Construction Official.
(5)
The Construction Official and/or Borough Engineer shall view
the land where the tree or trees are to be removed, as well as drainage
or other physical conditions existing on subject or adjoining property,
and may consider the opinion of the Shade Tree Advisory Committee
and/or Environmental Advisory Committee.[2]
(6)
The permit shall be granted if there is a finding that the removal
and destruction will not impair the growth and development of remaining
trees on the property of the applicant or adjacent properties and
will not cause erosion of soil, impair existing drainage, lessen property
values in the neighborhood or impair the aesthetic values of the area.
F.
Regulations.
(1)
Protection of trees. No soil material, permanent or temporary,
shall be placed within six feet of any tree. Where grading may be
required, trees shall be walled in with extension tile to the outer
crown of the tree. No structure, equipment or movable machinery which
would injure the tree shall be permitted to operate within six feet
of any trees, in order not to disturb the soil and thereby injure
the tree prior to removal for construction activity, and all trees
to be retained shall be tagged. Said tagging shall be reviewed by
the Office of the Construction Official.
(2)
Exempt lands or activities. The following lands or activities
shall be exempt from the provisions of this section: Borough, county
and state land.
G.
Removal of diseased trees; fees for services of tree experts.
(1)
No fee shall be charged for a permit required for the removal
of diseased or damaged trees.
(2)
In cases where the service of a tree expert is required and
where a building permit is applied for at the same time, the cost
thereof shall be borne by the applicant, and payment of the same shall
be a condition precedent to the release of the bond filed or the issuance
of a permit.
H.
Penalty; replacement schedule.
[Amended 1-18-2011 by Ord. No. 11-04]
(1)
Any
individual, corporation or association violating any provision of
this section shall, upon conviction thereof, be punishable by a fine
not exceeding $1,000 per offense. The cutting, destruction or removal
of each tree shall constitute a separate offense.
(2)
If
trees are cut, destroyed or removed for any reason in conjunction
with any land use, development or soil movement activity in excess
of the specified number of trees which were approved for removal by
the Planning Board or Zoning Board, restitution shall be made by the
applicant in accordance with the following schedule:
|
Diameter of Tree Removed
(inches)
|
Number of 2-Inch Caliper Trees To Be Provided
| |
|---|---|---|
|
8 to 15
|
6
| |
|
16 to 24
|
10
| |
|
25 to 36
|
15
| |
|
37 and over
|
20
|
