Township of Fairfield, NJ
Essex County
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Table of Contents
Table of Contents
Editor's Note: See also Section 45-17, Tree Protection.
[1969 Code § 68-1; Ord. No. 657]
The Township finds that the unregulated and uncontrolled destruction and removal of trees upon lots and tracts of lands within the Township has resulted in increased soil erosion; has decreased the fertility of the soil; has created dust and mosquito-breeding places; and has caused depreciation in property values and impaired the stability and value of real estate, with the result that there has been and will be, in the future, a detriment to the public health and welfare which requires the passage of this section.
[1969 Code § 68-2]
As used in this section:
OWNER
Shall mean any person having the title to any lot, plot, piece or parcel of land.
PERSON
Shall mean any individual, firm, association, partnership or corporation, or any group of two or more of the foregoing.
TENANT
Shall mean any person in possession of any lot, piece or parcel of land, with or without a lease, but with the permission of the owner.
UNIMPROVED LOT
Shall mean any clearly defined piece of land, the location, dimensions and boundaries of which are determined by the latest official record, upon which no structure permanently affixed to the land, with a roof and intended for shelter, housing or enclosure has been constructed.
[1969 Code § 68-3; Ord. No. 657]
No person or persons shall destroy and remove two or more trees with a diameter in excess of four inches measured one foot above the ground, growing upon any unimproved lot or tract of land within the Township, unless the destruction or removal is accomplished in accordance with the provisions of this section.
[1969 Code § 68-4; Ord. No. 657]
Any person or persons desiring to remove or destroy any such trees in excess of the sizes referred to in subsection 22-1.3, shall file application therefor with the Township Engineer on the forms provided for such purpose. The application shall identify the lot or tract of land upon which the trees are located, disclose the name and address of the owner, tenant or duly authorized agent of the owner and tenant and shall show the exact location of the trees sought to be destroyed or removed.
[1969 Code § 68-5]
If the application, together with any previous application or applications, discloses that two or more trees, in excess of the size referred to in subsection 22-1.3, are to be destroyed or removed from the unimproved lot or tract of land, the Township Engineer shall examine the matter by personal inspection of the premises referred to in the application by inspecting the trees referred to therein and by observing the drainage condition and topographical condition existing upon the lands and the vicinity thereof.
[1969 Code § 68-6; Ord. No. 762]
a. 
After completing his examination, the Township Engineer shall make a determination with respect to whether or not the permit applied for should be granted. The Township Engineer shall, at all times, follow the intent of this chapter, which is to preserve trees wherever this can be accomplished, and he shall not make a favorable determination with respect to the aforesaid application unless he finds one or more of the following conditions to exist:
1. 
The area where the tree is located will be occupied by a building or structure, a driveway or recreation area, a roadway, a drainage right-of-way or a sewer line, or the area where the tree is located is within 15 feet of any of the foregoing.
2. 
The area where the tree is located has a depression or fill of land which is deemed injurious or dangerous to the tree or other trees located nearby.
3. 
The presence of the tree is likely to cause hardship or will endanger the public or an adjoining property owner by reason of its being diseased or dead or for some other adequate reason within the intent of section.
b. 
If the determination of the Township Engineer is favorable, he shall issue the permit applied for. If the determination is unfavorable, the Township Engineer shall promptly notify the applicant in writing with respect thereto and shall not issue the permit.
c. 
No tree removal permit shall be issued prior to the issuance of a building permit.
d. 
In the case of road or utility construction, no tree removal permit shall be issued unless the Township Engineer has authorized the installation of the road or utilities in conformance with an approved major subdivision plat.