[HISTORY: Adopted by the Mayor and Council
of the Borough of Wharton (Ch. XVI of the Revised General Ordinances).
Amendments noted where applicable.]
The Mayor and Council of the Borough do herein
decide and find that the indiscriminate, uncontrolled and excess destruction,
removal and cutting of trees upon lots and tracts of land within the
Borough have resulted in creating increased Borough costs for control
of drainage and, further, have caused increased soil erosion, decreased
fertility of soil and increased dust, which have deteriorated property
values and, further, have rendered the land unfit and unsuitable for
its more appropriate use. The result has been and will be in the future
a deterioration of conditions affecting the health, safety and general
well-being of the inhabitants of the Borough and has caused the passage
of this chapter to regulate and control the indiscriminate and excessive
cutting of trees in the Borough.
The intent and purpose of this chapter is to
preserve coniferous and deciduous trees, flowering trees and shrubs
growing in a natural state within this Borough.
As used in this chapter, the following terms
shall have the meanings indicated:
A parcel of land upon which a dwelling house has been or,
in accordance with the zone code or a variance, may be erected.
A plan for the management of timbered or forested lands developed
by the New Jersey Department of Environmental Protection Bureau of
Forestry or a similar state or federal agency or the Housing and Zoning
Officer.
Only such land within the Borough used for horticultural
purposes under controlled agricultural conditions.
Any street or road shown upon a map or plan filed in the
Morris County Clerk's office or on the Official Map of the Borough.
Mountain laurel (Kalmia latifolia) having a root crown of
three inches or greater measured at the soil or surface level.
Any living deciduous tree having a trunk of a diameter greater
than three inches dbh (diameter at breast height); any living coniferous
tree having a trunk of a diameter greater than four inches dbh; or
any living dogwood (Carnus florida) or American holly (Ilex opaca)
tree having a diameter of one inch or greater dbh.
A.
Required. No person shall remove or destroy or cause
to be removed or destroyed any tree or shrub growing in the Borough
without having obtained a permit as provided in this section.
B.
Application for permit with building permit.
(1)
Plot plan required. Upon application for a building
permit for any construction which would cause the removal or destruction,
wholly or partially, of any tree or shrub, the applicant shall indicate
upon a plot plan which shall accompany such application the location
of all trees and shrubs and shall designate which trees, if any, are
to be removed or destroyed.
(2)
Review by Environmental Commission. A copy of such
plot plan shall be filed by the applicant with the Housing and Zoning
Officer and the Wharton Borough Environmental Commission, which shall
review the same and notify the Housing and Zoning Officer of its recommendations.
C.
Application for permit without building permit.
(1)
Application contents. An application for a permit for the removal or destruction of trees or shrubs as required under this chapter, where a building permit is not immediately involved, shall be made directly to the Housing and Zoning Officer and shall contain the name of the applicant, location of the property and the lot plan as provided in Subsection B and, in addition thereto, the purposes for which the application is being made, including but not limited to the following:
(a)
Clearing of land for agricultural use.
(b)
Harvesting timber.
(c)
Fire protection.
(d)
Industrial use.
(e)
Private parks.
(f)
Scenic improvement.
(g)
Hardship or danger to adjacent properties.
(h)
Removal of diseased or damaged trees.
(i)
Transplanting or removal, in a growing condition,
to other locations.
(j)
Installation of utilities.
(k)
Drainage of surface water.
(2)
Housing and Zoning Officer to grant or deny permits. A copy of the plot plan shall be filed with the Environmental Commission, which shall act upon the application as stated in Subsection B within 15 days of the date of receipt and, if the Commission shall not have acted upon the application within such period, the Housing and Zoning Officer may grant or deny a permit without further delay.
D.
Standards prior to issuance of permit.
(1)
Inspection by Housing and Zoning Officer. Prior to
the issuance of a permit by the Housing and Zoning Officer, the lands
covered by each application shall be viewed by the Housing and Zoning
Officer, who shall inspect the same as to the trees and shrubs which
are the subject of the application as well as the drainage and other
physical conditions existing on the property and adjacent property.
(2)
Conditions for issuance of permit.
(a)
Conditions. The Housing and Zoning Officer shall
issue the permit upon finding that the destruction or removal to be
permitted would not:
[1]
Impair the growth and development of the remaining
trees and shrubs on the property of the applicant or any adjacent
properties.
[2]
Cause soil erosion.
[3]
Impair existing drainage patterns.
[4]
Lessen property values in the neighborhood.
[5]
Impair substantially the aesthetic values of
the area.
(b)
Authority of Housing and Zoning Officer. The
Housing and Zoning Officer shall have the authority to affix reasonable
conditions to the grant of a permit hereunder.
No material or temporary soil deposits shall
be placed within six feet of any tree or shrub.
Excepted from this chapter shall be such trees
as set forth in the following subsections.
A.
Tree for firewood. Any tree to be cut for use solely
for firewood by the owner shall be excepted, provided that this exception
shall not apply to any tree to be cut in connection with the issuance
of any permit for soil disturbance or building.
B.
Dangerous tree. Any dead, diseased or other tree that
is likely to endanger life or property shall be excepted.
C.
Limited number of trees. If the applicant discloses
that no more than five trees in excess of the size referred to aforesaid
in this chapter are to be removed, cut or destroyed or have been cut,
removed or destroyed from any lot or tract of land identified in the
application, then and in that event the duly appointed officer may
issue a permit for the removal of such tree or trees.
D.
Horticultural purposes. Any tree growing on land actually
being used as a nursery, garden center, tree farm or orchard shall
be excepted.
E.
Surface mining. Any tree growing on land being used
for surface mining shall be excepted.
F.
Public right-of-way. Any tree growing on a public
right-of-way shall be excepted.
G.
Management plan. Any tree cut or removed in accordance
with a management plan shall be excepted.
Appeals from decisions under this chapter may
be made to the Borough Council in writing within 10 days from the
date of such decision. Such appeal shall be by written notice to the
Borough Clerk. The applicant shall be entitled to a hearing before
the Mayor and Council of the Borough within 30 days from the date
of appeal. The Borough Council may thereafter reverse, modify or affirm
the aforesaid decision.
Activities conducted under a permit pursuant
to this chapter shall be open to inspection at any time by any agency
or agent of the Borough.
