Vote Language:
VOTED: That Title V, Article 16, Sections 2 and 4 be and hereby are amended as follows:
ARTICLE 16
TREE PROTECTION AND PRESERVATION
A. The following definitions shall apply to this By-law:
"Demolition" - Any act of, or commencing the work of, destroying, pulling down, removing or razing a building or commencing the work of total or substantial destruction of a building; or removing the roof structure, or removing two exterior walls, of a building.
“Protected Tree” - Any existing healthy tree on private land with a DBH of eight (8) six (6) inches or greater located in the setback area, which does not pose an immediate hazard to persons or property or is not under imminent threat of disease or insect infestation.
“Tree Plan” - A site plan drawn and stamped by a certified land surveyor or engineer, and stamped by a certified arborist or landscape architect, showing all Protected Trees in the setback areas as defined herein and public shade trees near the property, and indicating, on the site plan or in a separate document, which Protected Trees will be retained, which will be removed, and, how critical root zones of each Protected Tree and public shade tree will be protected from damage during site work.
B. In all instances of construction or demolition as defined and applicable herein, the owner of the property shall submit a Tree Plan accompanied by a fee of $50, to the Tree Warden prior to or concurrent with an application for a building or demolition permit. Additionally, if any Protected Trees were removed during the 12 months preceding the application for a building or demolition permit, such trees shall be accounted for on the Tree Plan to the best of the owner's ability and shall be mitigated pursuant to paragraph 4.C. If no Tree Plan is required, the owner shall sign an affidavit on the Building Permit Application that no Tree Plan needs to be filed per the Tree Bylaw.
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