The Borough of Hawthorne finds that the development of unimproved
or vacant land, or partially developed but largely unimproved tracts,
for the purpose of erecting buildings or structures, has resulted
in indiscriminate and excessive removal of trees upon tracts of land
and has resulted in creating increased surface drainage and soil erosion,
thereby increasing municipal costs to control drainage within the
Borough. It further finds that such excessive removal and destruction
of trees impairs the proper occupancy of existing residential areas
and impairs the stability and value of improved and unimproved real
property in such areas, with attendant deterioration of conditions
affecting the health, safety and general welfare of the inhabitants
of the Borough, and further finds that regulation of the indiscriminate
removal of trees is within the police power of the Borough.
For the purposes of this chapter, the following words shall
have the meanings indicated:
BUFFER AREA
The distance from the side and rear property lines beginning
at the front setback line of the lot and running to the rear line.
BUILDING PLOT
A parcel of land upon which a building or structure has been or may be erected in accordance with Ch.
540, Zoning.
PERMIT
A license issued by the Construction Official to remove or
destroy trees from any unimproved or vacant land as defined in this
chapter.
TREE
Any living tree having a trunk of a diameter of eight inches
or greater measuring at a height of three feet above natural grade.
UNIMPROVED OR VACANT LAND
Such privately owned land upon which no building or structure
has been completely built, for a period of two years after the certificate
of occupancy is issued. Included within this definition is partially
improved land which is any tract containing improvements but for which
an application for development has been filed, other than a single-family
home where the application for development solely relates to improvements
to the single-family home upon such lands, containing 2.5 acres of
land or more.
The provisions of this chapter shall apply to all unimproved
or vacant lands within the Borough and all tracts of land or combination
of tracts of land containing 2.5 or more, whether improved or unimproved,
where an application for development, other than improvements to an
existing single-family home on the tract, has been made to the Zoning
Officer, Zoning Board of Adjustment or Planning Board of the Borough
of Hawthorne.
The following shall be the standards to be applied in determining
which tree may be removed:
A. Hardship in such cases shall be based on an examination of all the
circumstances considering the applicant's hardship. If the hardship
of the owner outweighs the public benefit promoted by retention of
trees, a hardship requiring removal may be found to exist.
B. Any area to be occupied by a building, driveway, walkway, drainage
field, septic tank or recreation area (tennis courts, swimming pools
or similar facilities) may have the trees removed but not more than
15 feet around the perimeter of such facilities.
C. The area in the required buffer shall remain undisturbed.
D. The area that has a cut or fill deemed injurious or dangerous to
trees may have removal of trees in such area, as determined by the
Construction Official.
E. The Construction Official shall view the land where the tree or trees
are to be removed, as well as drainage or other physical conditions
existing on the subject or adjoining property, and may consider the
opinion of the Shade Tree Commission.
F. The permit shall be granted if there is a finding that the removal
and destruction will not impair the growth and development of remaining
trees on the property of the applicant or adjacent properties and
would not cause erosion of soil, impair existing drainage, lessen
property values in the neighborhood or impair the aesthetic value
of the area.
No fee shall be charged or a permit required for the removal
of diseased or damaged trees.
Any person violating any of the provisions of this chapter shall
be subject to fines, imprisonment or community service not exceeding
the penalties provided in N.J.S.A. 40:69A-29(b).