Northfield, NJ Zoning Ordinance

[Added 6-17-2008 by Ord. No. 8-2008]

§ 215-163 Findings and purpose.

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.

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.

§ 215-164 Definitions.

The following words and expressions, as used in this article, shall have the following meanings, unless the context clearly indicates a different meaning:

CITY

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.

CLEAR-CUTTING

The removal of all standing trees on a lot or portion of a lot.

DEATH OF A TREE

As determined by an appropriately appointed City official.

DEVELOPMENT

See § 215-5.

DIAMETER AT POINT OF MEASUREMENT

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."

DRIPLINE

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.

REPLACEMENT TREE

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.

SELECTIVE CUTTING

The removal of larger trees on an individual basis while leaving trees of lesser size.

SILVICULTURE

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]

SPECIMEN TREE

Any tree of DPM of 18 inches or greater unless specifically exempted by the provisions of this article.

THINNING

The removal of undesirable, competitive, diseased or damaged trees so as to cultivate and improve the development of remaining trees on the lot.

TREES

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.

WOODED ACRES PERMITTED FOR DEVELOPMENT

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.

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 215-165 Restrictions.

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.

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.

§ 215-166 Tree removal permit required; notice of clearing.

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.

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.

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.

§ 215-167 Exemptions.

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:

(a)

Dead, dying or obviously diseased (needs letter from arborist).

(b)

Trees which have suffered significant damage.

(c)

Any tree or trees whose angle or growth makes them a hazard to structures or human life.

(d)

Any tree growing on or over a public right-of-way or public land.

(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.

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.

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.

§ 215-168 Requirements for major and minor subdivisions and site plans.

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.

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.

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.

(3)

Inspections and approvals. Inspections after application submittals and approvals for clearing, for obtaining building permits, and for granting certificates of occupancy (COs) are as given in § 215-174.

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.

(5)

City option. If the City should decide that the applicant will not be required to replace the required trees on his site, the City may require the applicant to contribute $200 per tree not replaced, which monies shall be deposited into the Tree Bank Fund of § 215-170B.

Tree removal requirements for cluster and planned development. The standards and procedures of this § 215-168 and its subsections shall be followed for cluster and planned development, except for Subsection C(1)(b).

§ 215-169 Residential lots (excluding major and minor subdivisions).

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.

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.

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.

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.

(3)

Subsection F of this section shall be considered in the decision to permit the removal of any regulated trees.

Site protection. Site protection measures shall be provided in accordance with Subsection F(3)(b).

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)

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.

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.

City option. If the City should decide that the applicant will not be required to replace the required trees on his site; the City may require the applicant to contribute $200 per tree not replaced, which monies shall be deposited into the Tree Bank Fund of § 215-170B.

§ 215-170 Fees; Tree Bank Fund.

Applications made for permits in accordance with §§ 215-168B and 215-169B of this article shall be accompanied by the payment of a fee for the application to be considered. Fee levels are to be set from time to time by the Northfield City Council.[1]

[1]

Editor's Note: See § 215-177, Application and inspection fees.

Additionally, the City shall maintain a Tree Bank Fund as a depository for monies as specified in this article.

§ 215-171 Review standards.

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.

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.

§ 215-172 Permit and plan approval.

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.

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.

§ 215-173 Duration of permits.

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.

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.

§ 215-174 Inspection.

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.

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.

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.

§ 215-175 Enforcement; violations and penalties.

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.

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.

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]

(1)

Residential sites.

(a)

Eight inches to 12 inches DPM: minimum of $1,000 per tree; maximum of $2,000 per tree.

(b)

Twelve inches or larger DPM: minimum of $2,000 per tree.

(2)

Commercial or residential subdivisions.

(a)

Eight inches to 12 inches DPM: minimum of $2,000 per tree.

(b)

Twelve inches or larger DPM: minimum of $2,000 per tree.

§ 215-176 Tree Bank Fund management.

Locations. Tree Bank funds shall be allocated and expended with the following priorities:

(1)

The applicant's lot(s) or development site(s);

(2)

Public parcels of land adjacent to the applicant's lot(s) or development site(s); and

(3)

Other inadequately forested public lands throughout the City.

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.

§ 215-177 Application and inspection fees. [1]

Following is the schedule of fees for various applications:

Application fees:

(1)

Residential: $0.

(2)

Commercial: $50.

Inspection fees:

(1)