[Ord. No. 98-6 § 2,
Art. XIV § 15-109; Ord. No. 2014-14 § 8]
A landscape buffer shall be provided within any nonresidential
zone where a development abuts a residential zone, or residentially
developed property. The buffer shall provide a year-round visual screen
to minimize adverse impacts from the site on adjacent properties.
The following buffer area and landscaping requirements shall apply:
Zone
|
Buffer Width
(feet)
|
---|
B
|
15
|
B-1 and B-2
|
10
|
I
|
25
|
a. Buffer areas will be contiguous with residential property lines and
shall be of uniform width.
b. If the buffer is less than 20 feet wide, the applicant may be required
to erect a six-foot high stockade fence within the buffer area parallel
to the lot line of the abutting residential lot.
c. Buffer areas shall be maintained and kept clean of all debris, rubbish,
weeds and tall grass. Any screen planting shall be maintained permanently,
and any plant material which does not live shall be replaced within
one year or one growing season.
d. No structure, activity, storage of materials, driveways or parking
of vehicles shall be permitted in the buffer area, except permitted
signs as specified in the district regulations.
e. Requirements for Planting in Buffer Area.
1. A solid and continuous landscaped screen shall be planted and maintained
to conceal the parking and loading areas, eliminate the glare of vehicle
lights throughout the year and camouflage the building from the abutting
residential areas. The landscaped screen shall consist of evergreen
trees, such as hemlock, Douglas fir, Norway spruce, etc. Evergreen
trees shall not be less than five feet high when planted, and the
lowest branches shall be not more than one floor above the ground.
In the event that the existing evergreen trees do not cover the required
area from the ground, the landscaping screen shall be supplemented
with evergreen shrubbery.
2. In addition to the landscaped screen, shade trees shall be planted
by the applicant at a distance of not more than 40 feet from each
other.
3. If the buffer area includes existing growth of evergreen and deciduous
trees and shrubbery, but not enough to provide a suitable screen as
required above, existing trees and shrubbery may remain and shall
be supplemented by additional evergreen plantings to provide the required
landscaped screen. In the event that the approving authority finds
that further plantings of evergreens will not grow satisfactorily
in the buffer areas, stockade fence(s) six feet high shall be erected
in the buffer area.
[Ord. No. 98-6 § 2,
Art. XIV § 15-110A; Ord. No. 2014-14 § 8]
No person shall do or cause to be done any of the following
acts affecting trees, shrubbery or ornamental material planted or
growing naturally within the highways or public places under the jurisdiction
of the Borough, except with a written permit obtained from the Construction
Official.
a. Cut, trim, break, disturb the roots of, or spray with defoliants
any living tree or shrub; or injure, misuse or remove any structure
or devices placed to support or protect any tree or shrubs;
b. Place or remove, or climb with spikes, any living tree or shrub;
c. Fasten any rope, wire, electric attachments, sign or other device
to a tree or shrub, or to any guard about such tree or shrub;
d. Close or obstruct any open space provided about the base of a tree
or shrub to prohibit the access of air, water or fertilizer to the
roots of such tree or shrub;
e. Pile any building material, or make any mortar or cement within six
feet of a tree or shrub;
f. Change the grade of the soil within the limits of the lateral spread
of the branches of any such tree.
[Ord. No. 98-6 § 2,
Art. XIV § 15-110B; Ord. No. 2014-14 § 8]
Every person having control over any wire for the transmission
of an electric current along a public highway shall, at all times,
guard all trees through which, or near which, such wire passes, against
any injury from the wire or cable or from the electric current carried
by it. The device or means used shall in every case be subject to
approval by the Department of Construction Official.
[Ord. No. 98-6 § 2,
Art. XIV § 15-110C; Ord. No. 2014-14 § 8]
No person shall place any guy wire, brace or other device on
any tree in such a manner as to injure it.
[Ord. No. 98-6 § 2,
Art. XIV § 15-110D; Ord. No. 2014-14 § 8]
No person shall hitch or fasten an animal to any tree or shrub
upon a public highway or to any guard or support provided for the
same, or permit an animal to bite or otherwise injure any tree or
shrub.
[Ord. No. 98-6 § 2,
Art. XIV § 15-110E; Ord. No. 2014-14 § 8]
No person shall permit any brine, gas or injurious chemical
or liquid to come in contact with the stump or roots of any tree or
shrub upon a public highway, other than routine salting for hazardous
road conditions as affects the health and safety of the general public.
[Ord. No. 98-6 § 2,
Art. XIV § 15-110F; Ord. No. 2014-14 § 8]
No person shall prevent, delay or interfere with any lawful
work undertaken by the Construction Official or its authorized agent.
[Ord. No. 98-6 § 2,
Art. XIV § 15-110G; Ord. No. 2014-14 § 8]
a. Removal Required; Notice. In case any tree or shrub or any part thereof
along the public highway shall become dangerous to public safety,
the owner of the property in front of which such tree or shrub is
located, shall forthwith remove the same, or the required part thereof,
upon receipt of written directive to that effect from the Department
of Construction Official.
b. Standard Established. The owner or tenant of lands lying within the
Borough shall keep all brush, hedges and other plant life growing
within both 10 feet of any roadway and within 25 feet of the intersection
of two roadways, cut to a height of not more than 2 1/2 feet.
This shall not require the cutting down of any trees where there is
vision through the trees at a height of between 2 1/2 feet from
the ground and eight feet from the ground.
c. Removal by Borough. If the owner fails to remove the tree or shrub
or portion thereof within two weeks after receipt of written notice
to do so, the work shall be performed by the Borough under the supervision
of the Office of Zoning Official, or a designated agent of the Borough,
who shall certify the cost thereof to the Council.
d. Costs Charged Against Lands; Lien Established. Upon receipt of the
certified costs, the Borough shall examine same and if found correct
shall cause the costs to be charged against the lands, or if the Council
deems the costs to be excessive, shall cause the reasonable cost thereof
to be charged against the lands. The amount so charged shall forthwith
become a lien upon the lands and shall be added to and become and
form part of the taxes next to be assessed and levied upon the lands,
the same to bear interest at the same rate as other taxes, and shall
be collected and enforced by the same officer and in the same manner
as taxes.
[Ord. No. 98-6 § 2,
Art. XIV § 15-110H; Ord. No. 2014-14 § 8]
If any person shall continue to violate any of the provisions
of this chapter, after being duly notified of such violation, or shall
neglect or refuse to comply with any lawful order of the Office of
the Zoning Official, the failure to comply with a second or each of
subsequent notifications or orders, shall be construed as an additional
violation of this chapter, and each such additional offense shall
subject the offending party upon conviction to the same penalty as
provided for the first offense.
[Ord. No. 98-6 § 2,
Art. XIV § 15-110I; Ord. No. 2014-14 § 8]
a. Findings. The Borough of Fairview finds that the excess cutting of
trees upon tracts of land can result in 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 regulations for the indiscriminate
removal of trees is within the police power of the Borough.
b. Definitions. For the purpose of this section, the following words
shall have the meanings indicated:
1. Building plot shall mean a parcel of land upon which a building has
been or may be erected in accordance with the Zoning Chapter.
2. Permits shall mean a license issued by the Construction Code Official
to remove or destroy trees, from any unimproved or vacant land as
defined in this section.
3. Tree shall mean any living tree having a trunk of a diameter of eight
inches or greater measuring at a height of three feet above natural
grade.
4. Unimproved or vacant land shall mean such privately owned land upon
which no home has been completely built, and for a period of two years
after the certificate of occupancy is issued.
c. Application of Provisions. The provisions of this section shall apply
to all unimproved or vacant lands within the Borough.
d. Permit Required; Application Procedures.
1. 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 within the Borough unless a permit is obtained
for such removal.
2. Application Fee. The permit shall be obtained from the Construction
Official upon an application being made therefor and a fee of $10
with each application.
3. Application Information Where No Building Permit is Requested. An
application for a permit for removal or destruction of any tree or
tract where no building permit is requested or contemplated shall
contain the name of applicant, name of owner of property with consent
of the owner, if different from applicant, location and species of
trees on a sketch of property and reasons for the removal or destruction.
4. 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, a 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.
5. Determination of Planning Board; Issuance of Permits. The Planning
Board shall determine which trees may be removed and the permit for
such removal shall be issued by the Construction Code Official at
the time of the issuance of the building permit.
6. Referral to Other Agencies. The Planning Board shall refer all applications
to the Shade Tree and/or Environmental Committee for their examination
and opinion. Their report shall be submitted to the Planning Board
within 20 days of receipt of same. The Planning Board shall not be
bound by the recommendations of these Committees, and failure to submit
a report to the Planning Board within 20 days shall not be construed
as a restriction at any time following the expiration of the twenty-day
period.
7. 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.
8. Appeal. In the event of denial of any permit, the applicant seeking
appeal from the decision of the Construction Official shall proceed
before the Board of Adjustment as provided by statute.
e. Standards for Removal. The following shall be the standards to be
applied in determining which tree may be removed:
1. 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, the hardship requiring removal may be found to exist.
2. Any area to be occupied by a building, driveway, walkway, drainage
field, septic tank, recreation area (swimming pools or similar facilities)
may have the trees removed but not more than 15 feet around the perimeter
of such facilities.
3. The area in the required buffer shall remain undisturbed.
4. 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.
5. 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 subject or adjoining property, and may consider the opinion
of any Shade Tree and/or Environmental Commission or Committee.
6. 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 values
of the area.
f. Regulations.
1. 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. The tagging shall be reviewed by the office of the Construction
Official.
2. Exempt Lands or Activities. The following lands or activities shall
be exempt from the provisions of this section: orchards, Borough,
County and State land.
g. Removal of Diseased Trees; Fees for Services of Tree Experts.
1. No fee shall be charged or a permit required for the removal of diseased
or damaged trees.
2. In cases where the service of a tree expert is required and in cases
where a building permit is applied for at the same time, 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.
h. Penalty. Any person violating any of the provisions of this section
shall be subject to a fine not exceeding the general penalties established
in this Code.
[Ord. No. 98-6 § 2,
Art. XIV § 15-111A; Ord. No. 2014-14 § 8]
All nonresidential uses, either existing or proposed, shall
be subject to the following standards.
[Ord. No. 98-6 § 2,
Art. XIV § 15-111B; Ord. No. 2014-14 § 8]
a. Prior to Commencement of Construction and/or Operation. Any application
for a building permit or a certificate of occupancy for a use which
shall be subject to performance standards shall be accompanied by
a sworn statement by the owner of subject property that the use shall
be operated in accordance with the performance standards set forth
herein.
b. Continued Compliance. Continued compliance with performance standards
shall be required and enforcement of continued compliance with these
performance standards shall be enforced by the Construction Official,
Borough Engineer, Health Officer and Fire Prevention Bureau.
[Ord. No. 98-6 § 2,
Art. XIV § 15-111C; Ord. No. 2014-14 § 8]
The location, where determinations are to be made for measurement
of performance standards, shall be made as follows:
a. At property lines of the use creating such element for vibration,
glare, air pollution, odor, dust, water pollution or noise.
b. At the point of emission for smoke.
[Ord. No. 98-6 § 2,
Art. XIV § 15-111D; Ord. No. 2014-14 § 8]
a. Vibration. No vibration shall be permitted which is detectable without instruments at points of measurement specified in Subsection
25-1503.3 herein.
b. Glare. No direct or sky-reflected glare shall be visible at the points of measurement specified in Subsection
25-1503.3.
c. Smoke.
1. The emission standard of this chapter or as promulgated by the New
Jersey Department of Environmental Protection, whichever is more restrictive,
shall pertain.
2. No emission shall be permitted, from any chimney or otherwise, of
visible gray smoke at a shade equal to or darker than No. 1 on the
Power's Micro-Ringelmann Chart, published by McGraw Hill Publishing
Company, Inc., copyright 1954, being a direct facsimile reduction
of a standard Ringelmann Chart as issued by the United States Bureau
of Mines.
3. The provision of this subsection shall not apply to:
(a)
Visible gray smoke of a shade not darker than No. 2 of the chart
which may be emitted for not more than four minutes in any 30 minute
period.
(b)
Smoke resulting from any fire ignited solely for the purpose
of training or research in fire prevention or protection.
(c)
Smoke from locomotives, the shade or appearance of which is
equal to but not darker than No. 3 of the Power's Micro-Ringelmann
Chart for a period or periods aggregating no more than 30 seconds
in any three consecutive minutes, or smoke of the density for a period
aggregating no more than four minutes in any 15 consecutive minutes
when building a new fire.
d. Odors. There shall be no emission of odorous gases or other odorous matter in such quantities as to be offensive as measured as set forth in Subsection
25-1503.3.
e. Fly Ash and Dust. No emission of any fly ash or dust shall be permitted
to be discharged from any stack, chimney or by other means into the
open air in excess of the quantity set forth in regulations promulgated
by the New Jersey Department of Environmental Protection.
f. Noise.
1. There shall be no noise from any source, other than transportation
facilities or temporary construction work, which shall exceed the
values given in the following table in any octave band or frequency.
The sound level analyzer that conforms to the specifications published
by the American Standard Sound Level Meters for Measurement of Noise
and Other Sounds, Z 24. 3-1944, American Standards Association Inc.,
New York, New York and the American Standard Specifications for an
Octave Band Filter Set for the Analysis of Noise and Other Sounds
Z 24. 10-1953, American Standards Association, Inc., New York, New
York shall be used.
Frequency Band in Cycles per Second
|
Sound Level in Decibels RE 0.0002 DYNE-CM (2)
|
---|
0 to 75
|
65
|
75 to 150
|
50
|
150 to 300
|
44
|
300 to 600
|
38
|
600 to 1,200
|
35
|
1,200 to 2,400
|
32
|
2,400 to 4,800
|
29
|
Above 4,800
|
26
|
2. If objectionable noises due to intermittence, beat frequency or hammering
exist or if the noise is not smooth and continuous, corrections shall
be made to the above tables by subtracting five decibels from each
decibel level given.
g. Radioactivity or Electrical Disturbance. No activities shall be permitted
which emit dangerous radioactivity. No activities shall be permitted
where electrical disturbances adversely affect the operation of any
equipment. All applicable Federal and State regulations shall be complied
with.
h. Fire and Explosion Hazard.
1. All activities involving storage of flammable and explosive materials
shall be provided with adequate safety devices against the hazard
of fire and explosion and adequate fire-fighting and fire suppression
equipment and devices standard in this industry. Burning of waste
materials in open fires is prohibited. The relevant provisions of
State and local laws and regulation shall also apply.
2. All raw materials, fuels and finished products shall be stored in
underground tanks. The storage of crude oil or any other volatile
or inflammable liquid in aboveground tanks with individual capacity
greater than 500 gallons is prohibited.
i. Liquids or Solid Waste. There shall be no discharge of any wastes
of any kind into any river, reservoir, pond or lake. The discharge
of untreated wastes into any streams shall also be prohibited. All
methods of sewage and industrial waste treatment and disposal shall
be approved by the Borough and the New Jersey State Department of
Environmental Protection.