[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.[1]
[1]
Editor's Note: Former Subsection 25-1501f, regarding waiver of buffer requirements, which immediately followed this subsection, was repealed 8-18-2020 by Ord. No. 20-20.
[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 § 15-110D; 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 § 15-110G; 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) 
Household fireplaces.
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.