(a) Except for the exemptions set forth in Subsection (2), below, no trees shall be cut or otherwise removed from any lands in the Township without a tree removal permit.
(b) All applications for approval of a subdivision or land development, building permit, special exception, conditional use, or zoning variance requiring tree removal shall include an application for a tree removal permit. Any lot owner wishing to remove trees in connection with any application shall comply with the appropriate subsections of this section.
(c) Applications for tree removal permits shall be submitted to the Zoning Officer for review and approval. The review process will not exceed 15 calendar days. No work is to commence without an approved permit.
(d) No tree planted or preserved as part of any landscape plan or in accordance with any street tree requirement approved in conjunction with a subdivision or land development plan shall be removed, except for such trees directed to be removed pursuant to other sections of this article.
(e) An owner may remove trees which are dead or dying (except within an inner riparian buffer), diseased trees, trees which have suffered damage, or any tree whose angle of growth makes it a hazard to structures, roads, or human life. However, a permit must be submitted to the Township containing evidence of the grounds for meeting this exception prior to removal of the trees. The permit will not include any fee.
(f) Removal of trees which cause risk to public safety and welfare or are at risk of causing structural damage to buildings or foundations, or septic systems. However, a permit must be submitted to the Township containing evidence of the grounds for meeting this exception prior to removal of the trees. The permit will not include any fee.
(g) The Township's fee for filing a tree removal permit shall be established by resolution.
 

(2) Exemptions. The following shall be exempt from requirements for a tree removal permit:

(a) Trees expressly grown for or by commercial nurseries, fruit orchards, and Christmas tree farms.
(b) Trees removed in conjunction with farmland greater than five acres in size that will be actively devoted primarily to agricultural uses except that where the owner desires to remove any trees for the purpose of expanding farmlands, an inventory of trees to be removed, identified by size and species, shall be prepared and filed with the Township Zoning Officer prior to any tree removal. In the event the expanded farmlands are not actively devoted primarily to farming activities for a period of seven years following tree removal, the tree replacement provisions of § 370-225D(2) shall apply.
(c) Trees removed as part of industrial or commercial tree harvesting for timber removal where the value of the timber exceeds $2,000.
(d) Trees removed from existing residential lots that are less than eight inches DBH.
(e) Trees removed from existing residential lots (up to one acre or multiple thereof) where removal is no more than three nonspecimen trees of greater than or equal to eight inches DBH in any two-year period per acre.
(f) Any tree which is located within a cemetery.
(g) Trees directed to be removed by municipal, county, state, or federal authority pursuant to law.
(h) 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.
(i) Trees that have already fallen due to natural causes, such as disease or extreme weather.
 

(3) Tree removal permit requirements. The application for a tree removal permit shall include the following information:

(a) Name and address of the owner of the lot or tract and legal status (individual, partnership, corporation, etc.).
(b) Description of the lot or tract where removal is to take place, including lot and block numbers and street address as assigned.
(c) A plant schedule of all trees to be removed with a DBH equal to or greater than eight inches identified by size and species, including total number of each species to be removed.
(d) Purpose for tree removal (new construction, street or roadway, driveway, utility easement, recreation areas, parking lot, etc.).
(e) Sufficient information to allow a determination that the proposed tree removal is consistent with the woodland removal limitations and standards of this section and any other applicable ordinance requirements.
(f) Such other information as may be deemed necessary by the Zoning Officer to effectively process and evaluate such permit application.
(g) Fees shall initially be established by the Board of Supervisors but may be reviewed at the discretion of the Board of Supervisors. The determination as to the appropriate fees may include consideration of the DBH of the trees.
(h) Proof that the replanting requirements set forth above will be followed as set forth herein.
 

(a) Where the tree removal permit application is submitted as part of an application for a subdivision or land development, the time for approval shall be governed by the timing requirements applicable to subdivision and land developments.
(b) Where the application is made in connection with a lot that is not part of a subdivision or land development, the Township shall act on the application within 15 days of its receipt or within such additional time as is consented to by the applicant. Failure to act on the application within 15 days, or any agreed to extension thereof, shall be deemed to be an approval of the application.
(c) Approval by default with regard to subdivision or land development plans shall not be deemed a waiver of the tree removal permit.
 

(5) Duration of tree removal permit. Permits granted for the removal 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. Once the permit has expired, a new application must be submitted for review and a new permit issued. Time limits shall be as follows:

(a) If granted for a lot or tract for which no building permit is required, one year from the date of issuance.
(b) If granted for a lot or parcel of land for which a building permit is required, but for which no subdivision or land development approval is required, until expiration of the building permit granted with such tree removal permit.
(c) If granted for a lot or tract of land for which land development approval is required by the Township as a condition precedent to obtaining a building permit, until expiration of the land development approval, or expiration of the building permit issued after such site plan approval.
(d) If granted for a lot or tract of land for which minor subdivision is sought, one year from the date of granting of approval for such minor subdivision.
(e) If granted for a lot or tract of land for which approval of a major subdivision is sought, until expiration of such approval.
 

(a) Prior to taking final action upon any application for a tree removal permit, an inspection of the site shall be made by the Township Zoning Officer or his/her designee.
(b) Prior to any tree removal, all trees shall be marked and areas to be cleared identified, all of which shall be inspected by the Township.
(c) The Township shall periodically inspect the lot or tract to verify compliance with this article. Such inspection shall be made of the lot or tract referred to in the permit application and of contiguous and adjoining lands, as well as of lands in the vicinity of the application, for the purpose of determining drainage and physical conditions thereon.
 

(7) Violations and enforcement remedies shall be as established in Article XXVII: Notice of Violation; Penalties; Remedies; Fees of this chapter. In addition, where regulated trees are removed without a tree removal permit, the affected areas shall be replanted in accordance with replacement requirements of § 370-225D(2).