(a) Intent.
(1) It is the intent of the Council of the City of Bedford to preserve the City's woodland areas, stabilize sloped grades, reduce surface runoff, erosion and downstream flooding, retain areas of rainfall percolation into the water table, ameliorate climatic and weather extremes, support wildlife and preserve the vegetational aesthetics.
(2) To this end this Council proposes, when development requires the removal or reduction of trees and vegetation, to reduce the number of potentially hazardous or otherwise undesirable trees and vegetation, and to select more beneficial trees and vegetation as opposed to less beneficial, and to promote a mixture of ages and species of vegetation where it naturally may occur.
(3) It is not the intent of this Council to restrict or hinder acceptable development within the City, but only to establish guidelines for development compatible with long-term preservation of the woodland areas.
(b) Scope. In general, a permit for tree cutting shall be required for any cutting of trees within the City except for the purposes and exceptions listed in subsection (d) hereof.
(c) Permit Required.
(1) Whenever a property owner contemplates cutting of a tree or trees for the purpose of construction of subdivision improvements, construction of new structures, alteration of existing structures, construction of additions to existing structures, gaining access to property, conducting any earth activity, obtaining a view, thinning of existing trees or vegetation, creating a pasture, or in preparation for recreation or other use, the property owner must obtain a permit from the City Building Commissioner.
(2) A property owner applying for a lot split or a subdivision where tree cutting is a logical consequence of the application must also comply with the requirements of this Chapter.
(3) Alternatively, a property owner may obtain a permit to cut a tree or trees for up to ten (10) years in accordance with a master plan. Such master plan shall be reviewed and approved by the owner and by an experienced arborist in concert with the owner. Such master plan shall provide for long-term woodland management and all cutting trees or vegetation shall be in strict accordance with the permit requiring adherence to the master plan. The plan shall be binding upon the owner(s) and his or her successors and assigns.
(d) Exceptions. In addition to any exceptions created in other sections of this Code, no tree cutting permit shall be required for removal of trees under the following conditions:
(1) Trees not less than 9" in caliper (diameter) (measured 54" above the ground) may be cut without a permit; however, where multiple trees of less than 9" in caliper (diameter) are to be cut for the purpose of creating a view, a plan and permit are required.
(2) Property owners may not cut more than two (2) trees per year larger than 9" in caliper (diameter) without a permit.
(3) Meadow maintenance under a long-term permit already issued may be done without a new permit.
(4) Dead and diseased trees, and damaged trees which threaten life or property, or which cannot be revived (e.g., blown off vertical), may be removed without a permit; however, a tree-cutting contractor for such work must be licensed.
(e) Acceptable Tree Removal Areas. The City Building Commissioner may grant a tree removal permit only in the following areas:
(1) Within the area to be occupied by a permanent structure together with 15 feet on all sides, subject to the City approval of the location of the structure.
(2) Within an area occupied by access roads, parking areas, accessory buildings, sidewalks, utility installation and similar necessary development (subject to City approval of the location of said improvements).
(f) Prohibitions. Notwithstanding any other provisions of subsection (d) hereof, logging of trees for economic gain is prohibited.
(g) Plan Required. The property owner, to obtain a permit, must submit a plan consistent with the requirements of this Chapter that meets the approval of the City. The Building Commissioner will apply the principles of maintaining the woodland and/or meadow nature of the City of Bedford cited in this section’s intent in deciding whether the plan is satisfactory or must be altered in order to obtain a permit.
(h) Requirements of Plan. The plan filed with the City pursuant to subsection (g) hereof shall include:
(1) The location of all trees 9" or larger in caliper (diameter) (measured 54" above ground), within the area to be modified from its natural state and 25' beyond in each direction, or to the property line, whichever is less;
(2) An indication of which trees remain and which will be removed. Trees to be removed will be marked on site with red ribbon;
(3) A general description of all other types of vegetation in the same area;
(4) Existing and proposed topography;
(5) The nature and location of all improvements;
(6) The name and address of contractor.
(i) Tree Survey; Site Inspection. Within two weeks of submittal of the plan, the Building Commissioner will approve, approve with modifications, or disapprove the plan; if approved, the Building Commissioner shall issue a permit authorizing selective cutting of timber but only after the City representative and the owner or his representative shall together inspect the area to be selectively cut, to red ribbon the specific trees to be cut. Only trees so ribboned shall be cut. Each unauthorized cutting of an unmarked tree shall constitute a separate violation of this section and shall constitute grounds for the immediate revocation of the permit.
(j) Tree Protection; Damage. The owner or his representative shall take all reasonable actions necessary to protect all remaining trees on the property during construction. To obtain a permit, a plan to protect other trees on the construction site must be submitted and approved.
(k) Licensing. All contractors for tree-cutting (other than the property owner) must obtain a license from the City before tree-cutting begins. Tree-cutting by a licensed contractor must be in compliance with an approved tree-cutting permit, or fall within the exceptions in subsection (d) hereof. The license fee is $5.00 and is good for one year.
(l) Schedule of Fees; Deposit. At the time of the filing of an application for a tree cutting permit, the owner or his authorized representative shall file the following fee:
(1) A non-refundable fee of five dollars ($5.00) for each tree over 9" caliper to be removed.
(2) A deposit of one hundred dollars ($100.00) or such larger or lesser amount as may be determined by the Building Commissioner based on his estimate of cost to be incurred by the City and the City Arborist in reviewing the application for a permit and to insure the payment by the applicant of expenses incurred by the City in processing the application and pertinent papers connected therewith. The cost and expense of any investigation which may be necessary by the Building Commissioner, City Arborist or such other professionals and such other City officials to determine whether the proposed application is in accordance with the law, the cost of any and all notices required and all other necessary expenses shall be paid by the owner. The actual expenses shall be paid by the owner upon demand of the Finance Director. The unexpended balance of the deposit shall be refunded to the applicant upon completion of all administrative proceedings involved in connection therewith. No filing fee shall be refunded or returned; no permits shall be issued until any amounts required to be paid by the applicant have been paid.
(3) Alternatively, in lieu of all other fees or deposits, a non-refundable fee of five dollars ($5.00) shall be required for a master plan permit issued pursuant to subsection (c)(3) hereof.
(4) The fee required by subsection (l)(1) of this section may be waived, at the discretion of the Building Commissioner, in those circumstances when the Building Commissioner believes that the tree cutting is part of a long-term meadow management or tree management plan consistent with the intent of this Chapter.
(m) Appeal. Any person aggrieved by any of the provisions of this section, final determination of the Building Commissioner or City Arborist may appeal to the Planning Commission. Such appeal shall be taken within 20 days after the date of the decision by filing with the Building Commissioner and City Clerk a Notice of Appeal specifying the grounds therefore. The Building Commissioner shall forthwith transmit to the Planning Commission all papers constituting the record upon which the action appealed was taken. The Planning Commission may reverse or modify the decision appealed only on the grounds of hardship shown by the appellant and that such a decision will not adversely affect the health, safety, welfare and comfort of the City of Bedford or its citizens.
(n) Residential Lot Exception. This section shall not apply to residential lots which are improved with a home (one and two family) and are fully developed.
(o) Penalty. Any person convicted of violating any provision of this section shall be found to be guilty of a misdemeanor of the first degree for each offense. Each day on which a violation of this section is found to have existed shall be deemed a separate offense.
(Ord. 6756-95. Passed 12-4-95.)