A.
The purpose of this chapter is to control and regulate indiscriminate and excessive removal, cutting and destruction of trees and to control, regulate and prevent conditions which cause increased surface drainage, sedimentation and soil erosion, cause decreased soil fertility and impair the stability and value of real estate, all of which conditions are and will in the future be a deterrent to public safety, health and welfare.
B.
No person shall cut or remove any tree upon any land in the Borough of Totowa unless such removal is done in accordance with the regulations and provisions of this chapter.
C.
No person shall place salt, brine, oil or any other substance injurious to plant growth in any street or park in such a manner as to injure any tree.
D.
No person shall build any fire or station any tar kettle, road roller, fuel oil dispensing truck or other engine in any street or any other place in such a manner that the heat, vapors, fuel or fumes therefrom may injure any tree.
E.
Every person having or maintaining any gas lines in any street or park shall maintain such lines in such a manner as will safeguard the trees against any damage therefrom and shall make periodical adjustments whenever necessary to prevent damage to trees.
F.
In the erection, alteration or repair of any structure or building, the owner, contractor or other person in charge thereof shall place such guards around all nearby trees as will effectively prevent injury to such trees.
G.
No person shall use or operate any power shovel, bulldozer or any other implement, machine or tool in such a manner as to damage or destroy any tree.
H.
No person shall, without first obtaining a permit, remove or cause to be removed more than four trees which are eight inches or greater in diameter within the twelve-month period following the date of the permit. The removal of a single tree of 18 inches or greater in diameter shall require a permit prior to the removal of said tree. The permit herein authorized shall be issued under the following conditions:
(1)
The existing location of the tree(s) causes or will cause a hardship or creates or will create a nuisance or a hazard to the safety and welfare of the homeowner or residents of the dwelling and/or the general public.
(2)
The trees to be removed are located within areas to be occupied by buildings, driveways or recreation areas and within a distance of 30 feet around the perimeter of such building; provided, however, that the permit may specify that certain trees within said 30 feet shall remain standing.
(3)
Existing trees are not consistent with the landscaping designs of the homeowner and/or residents of the dwelling. A new landscaping plan may be required prior to the removal of any trees and, thereafter, the implementation of said landscaping plan within a reasonable period of time.
(4)
The trees are dead or dying.
(5)
Notwithstanding anything contained herein, whenever the removal of trees results in a soil disturbance exceeding 250 square feet.
I.
No material, machinery or temporary soil deposits shall be placed within 10 feet of any existing tree trunk or stem during the period of development of the land.