[HISTORY: Adopted by the Municipal Council of the Borough
of Hawthorne 11-16-2009 by Ord. No. 1999-09. Amendments noted
where applicable.]
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:
The distance from the side and rear property lines beginning
at the front setback line of the lot and running to the rear line.
A parcel of land upon which a building or structure has been or may be erected in accordance with Ch. 540, Zoning.
A license issued by the Construction Official to remove or
destroy trees from any unimproved or vacant land as defined in this
chapter.
Any living tree having a trunk of a diameter of eight inches
or greater measuring at a height of three feet above natural grade.
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.
A.
Permit required. No property owner shall remove or destroy or cause
to be removed or destroyed by any person any tree on any unimproved
or vacant tract of land or partially improved tract of land as defined
above, within the Borough, unless a permit is obtained for such removal.
B.
Application fee. The permit shall be obtained from the Construction
Official upon an application being made therefor and a fee of $10
being paid with each application.
C.
Application information where no building permit is requested. An
application for a permit for removal or destruction of any tree on
a tract where no building permit is requested or contemplated shall
contain the name of the applicant, the name of the owner of the property
with the consent of the owner if different from the applicant, the
location and species of trees on a sketch of the property and the
reasons for the removal or destruction.
D.
Application information where building permit is sought. An applicant/owner
shall file, along with an application for a permit for removal or
destruction of trees where a building permit for construction is being
sought, a site plan, and a tree plan showing the location and species
of trees on site and which trees on the property are to be removed,
together with the condition of such trees shown on the plan by the
architect or engineer, under the seal of such architect or engineer.
E.
Determination of Planning Board or Zoning Board of Adjustment; issuance
of permits. In the event of an application for development pending
before the Planning Board or Zoning Board of Adjustment, the Board
shall determine which trees may be removed, and the permit for such
removal shall be issued by the Construction Official at the time of
the issuance of the building permit.
F.
Referral to other agencies. The Planning Board or Zoning Board shall
refer all applications to the Shade Tree Commission for their examination
and opinion. Their report shall be submitted to the Board within 20
days of receipt of same. The Board shall not be bound by the recommendations
of these committees, and failure to submit a report to the Board within
20 days shall not be construed as a restriction at any time following
the expiration of the twenty-day period.
G.
Surety bond required where building permit is sought. In all cases
of application for permit where a building permit is applied for,
there shall accompany the application a cash or surety bond in a minimum
sum of $500 for each acre with the application for building permit,
with the amount to be determined by the Construction Official, which
bond shall assure compliance with the preservation of those trees
not to be removed, which bond shall be returned with the certificate
of occupancy, less any costs expended by the Borough to replace trees
improperly removed or destroyed in violation of the permit.
H.
The reviewing board may require in certain cases that there is a
need for the use by the board of the services of a tree expert. In
such event, the cost thereof shall be borne by the applicant and payment
of the same shall be a condition precedent to the release of the bond
filed or the issuance of a permit.
I.
Appeal. In the event of denial of any permit by the Construction
Official, the applicant may appeal that decision to the Zoning Board
of Adjustment as provided by statute.
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.
A.
Protection of trees. No soil material, permanent or temporary, shall
be placed within six feet of any tree. Where grading may be required,
trees shall be walled in with extension tile to the outer crown of
the tree. No structure, equipment or movable machinery which would
injure the tree shall be permitted to operate within six feet of any
trees in order not to disturb the soil and thereby injure the tree.
Prior to removal for construction activity, all trees to be retained
shall be tagged. Said tagging shall be reviewed by the office of the
Construction Official.
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).
