[Ord. No. 13-07; Ord. No. 2018-01]
The following definitions shall apply to this section:
ACCESSORY BUILDING
Shall mean a building or structure the use of which is incidental
to that of the main building and which is located in the same property.
BUFFER AREA
Shall mean the area along the side yard or rear yard of any
lot within: (a) five feet of the property line in the R7.5, R9, and
R10 Zones; (b) 10 feet of the property line in the R20 Zone; and (c)
20 feet of the property line in the R40 Zone.
DEVELOPMENT
Shall mean the expansion or construction of any structures
on residential or nonresidential property that does not qualify as
a home improvement under this subsection.
DRIP LINE
Shall mean an imaginary line on the ground beneath a tree,
the location determined by extending a vertical line from the outermost
branches of a tree to the ground.
EXISTING RESIDENCE
Shall mean a residential dwelling for which a Certificate
of Occupancy has previously been issued.
HAZARDOUS TREE
A tree that possesses a structural defect, as determined
by a tree specialist, that may cause the tree, or part of the tree
to fall on a target, and the condition is determined to be imminent.
Property owners are responsible for the trees on their property.
[Amended 9-2-2021 by Ord. No. 21-14]
HOME IMPROVEMENT
Shall mean any expansion or addition to an Existing Residence
or for the construction of improvements such as, but not limited to,
any garage, pond, patio, deck, driveway, sidewalk, or accessory building,
on any residential lot(s) upon which there is an Existing Residence.
For the purposes of this section, the construction of a tennis court
or a swimming pool shall not be considered a "Home Improvement."
LANDMARK TREE
Shall mean any tree designated and identified as such by
the Mayor and Council pursuant to the standards set forth herein.
MAJOR TREE
Shall mean a deciduous tree with a mature height of at least
50 feet which should be a caliper of at least three to 3 1/2
inches measured at six inches above the ground when planted, such
as:
Common Name/Scientific Name
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Red maple/Acer rubrum
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Sugar maple/Acer saccharum
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Sweet gum/Liquidambar styraciflua
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London plane/Platanus x acerifolia
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American sycamore/Platanus occidentalis
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White oak/Quercus alba
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Pin oak/Quercus palustris
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Red oak/Quercus rubra
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American elm/Ulmus americana
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Copper beech/Fagus sylvatica v. purpurea;
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Or other major tree approved by the Borough or any of a group
of conifer trees of 6 inches or greater at time of removal as defined
herein below.
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MINOR TREE
Shall mean an evergreen tree, ornamental tree or other small
tree at least eight feet in height at time of planting, such as:
Common Name/Scientific Name
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Birch/Betula
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Dogwood/Cornus
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Japanese maple/Acer palmatum
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Cherry/Prunus
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Crabapple/Malus
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Magnolia/Magnolia
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Ornamental Pear/Pyrus calleryana "Chantcleer" or "Redspire"
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Or any of a group of conifers such as:
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Common Name/Scientific Name
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Cedar/Cedrus
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Cypress/Cupressus
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Arborvitae/Thuja
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Cryptomeria/Cryptomeria
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Dawn redwood/Metasequoia glyptostroboides
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Fir/Abies
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Spruce/Picea
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Larch/Larix
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Pine/Pinus
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Or other minor tree approved by the Borough.
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PERSON
Any individual, group, company, firm, corporation, partnership,
association, society or other legal entity owning a parcel of real
property.
[Amended 9-2-2021 by Ord. No. 21-14]
PRINCIPAL BUILDING
Shall mean the main building constructed for occupancy or
use on the property.
SPECIES
Shall mean for the purposes of this section, the common name
of the tree.
STRUCTURE
Shall mean a combination of materials forming a construction
for occupancy, use or ornamentation, whether installed on, above or
below the surface of a parcel of land.
TARGET
Shall mean a person or object that would be injured or damaged.
Examples are structures, vehicles, people and property.
TREE SPECIALIST
A certified/licensed tree expert (CTE/LTE) by the State of
New Jersey.
[Added 9-2-2021 by Ord. No. 21-14]
[Ord. No. 13-07; 9-2-2021 by Ord. No. 21-14]
a. The fee for a tree removal permit shall be $25 per tree.
Notwithstanding the above fee schedule, no permit fee shall
be required for the removal of a dead or hazardous tree located within
the buffer area as defined herein, provided the applicant and/or property
owner provides a certification from a tree specialist confirming the
condition of the tree, satisfies all of the other requirements of
this section and the provisions of Resolution No. R02-194 adopted
June 25, 2002.
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b. There shall be an additional fee of $75 for the review of any proposed
revision or amendment to a previously approved tree removal permit.
[Ord. No. 13-07; Ord. No. 2018-01]
The following standards for review of applications shall apply:
a. Permitted Removal. No tree shall be permitted to be removed unless
the tree is:
1. Located within the building footprint of a proposed principal building.
2. Located between the curblines of a proposed roadway approved pursuant to Chapter
35 Land Development Regulations of the Borough of Tenafly.
3. Located within the proposed roadway right-of-way but outside the
curbline of a proposed roadway approved pursuant to the Land Development
Regulations of the Borough of Tenafly.
4. Dead or poses a safety hazard, as confirmed by certification of a
tree specialist.
[Amended 9-2-2021 by Ord. No. 21-14]
5. Located within 15 feet of any building.
6. Located within the area of the proposed driveway, walkway, utility
line, accessory building, or any other structure.
7. Specifically permitted to be removed in a site plan approved pursuant
to the Municipal Land Use Law.
b. Conflict with Other Laws. Notwithstanding anything in this section to the contrary, no tree removal shall be permitted where prohibited by Chapter
35, Article
VIII Zoning Regulations or any other municipal, State, or Federal Statute, ordinance or regulation.
c. Hardship appeal. In the event that an applicant believes the standards set forth in Subsections
a and
b above constitute a hardship which prohibits a reasonable use of all or substantially all of the property in question, an applicant may seek relief from the Mayor and Borough Council. In the event that such relief is sought, the applicant shall submit an additional 10 copies of the documents required to be submitted together with 10 copies of a written statement as to the reasons for the claimed hardship. In addition, the applicant shall submit a fee for the hearing of the matter in the amount of $100, which fee shall be refunded to the applicant if the hardship is granted by the Mayor and Council. The Mayor and Borough Council, upon submission of a complete application to the Borough Clerk, shall schedule a public hearing in connection with the requested relief. The applicant shall cause to be published in an official newspaper of the Borough a notice setting forth the time, date and place of the hearing to be so held, together with a brief statement of the relief requested. Such notice must be published within 10 days prior to the date of the hearing. Additionally, the applicant shall cause to be served upon all property owners within 200 feet of the property in question, at least seven days prior to such hearing, a similar notice by certified mail, return receipt requested, or by personal service. Proof of publication and service of notice shall be required to be submitted to the Borough Clerk prior to the hearing. At the hearing the applicant may present witnesses under oath and any other interested parties may do the same. All witnesses shall be subject to cross-examination. The decision of the Mayor and Borough Council shall be binding upon the municipal official in charge of enforcement and administration of this section.
[Amended 9-2-2021 by Ord. No. 21-14]
d. Mitigation. Mitigation for tree removal shall be required as follows:
1. Mitigation shall be required pursuant to Subsection
d of this subsection in the event of tree removal pursuant to Subsection
a1,
2,
3,
5, or
6 of this subsection.
[Amended 9-2-2021 by Ord. No. 21-14]
2. In the event of tree removal pursuant to Subsection
a4 of this subsection, no mitigation shall be required if the tree has been planted for at least five years; there has been no damage to the tree by construction or otherwise by any person; and there has been no soil moving within 15 feet of such tree within five years; otherwise, mitigation shall be required pursuant to Subsection
d3 of this subsection.
[Amended 9-2-2021 by Ord. No. 21-14]
3. For each tree for which mitigation is required, pursuant to Subsection
d1 and
2 above of this subsection, the following shall apply:
[Amended 9-2-2021 by Ord. No. 21-14]
(a)
For each tree removed pursuant to the standards of this section,
the applicant shall plant a major or minor tree as defined in this
section on the property in question:
(1)
If the tree removal permit is applied for in connection with
any home improvement, the mitigation requirements shall be as follows:
Caliper of Tree Removed
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Number Required for Mitigation
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Type of Tree
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6 inches to no more than 12 inches
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1 tree for every 1 tree removed
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Minor
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From 12 inches to 18 inches
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1 tree
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Major
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From 18 inches to 24 inches
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2 trees
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Major
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From 24 inches to 31 inches
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3 trees
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Major
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From 31 inches to 41 inches
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4 trees
|
Major
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41 inches or greater
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5 trees
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Major
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(2)
If the tree removal permit is applied for in connection with
any development that does not qualify as a home improvement, the mitigation
requirements shall be as follows:
Caliper of Tree Removed
|
Number Required for Mitigation
|
Type of Tree
|
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4 inches to no more than 12 inches
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1 tree for every 1 tree removed
|
Minor
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From 12 inches to 16 inches
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1 tree
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Major
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From 16 inches to 18 inches
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2 trees
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Major
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From 18 inches to 24 inches
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3 trees
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Major
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From 24 inches to 30 inches
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4 trees
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Major
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30 inches or greater
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5 trees, plus 2 additional trees for each 5 inches diameter,
or part thereof over 30 inches
|
Major
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(b)
The caliper of trees with multiple trunks shall be calculated
by multiplying the caliper of the larger trunk by 1.5 times.
(c)
In the event the applicant asserts the planting of trees on
the property in question would be inappropriate and the official in
charge of enforcement and administration of this section agrees, the
applicant may, in lieu of planting trees, provide to the municipality
a sum of money equal to the approximate cost of such tree planting
as may be determined, from time to time, by resolution of the Mayor
and Borough Council for each such tree required to be planted pursuant
to this subsection for the purposes of planting shade trees elsewhere
in the municipality.
(d)
Upon the approval of the Director of Public Works, the applicant
may exercise the option of planting two minor trees for each major
tree, as required pursuant to the mitigation requirements. However,
for every 10 minor trees planted, a minimum of one major tree must
be planted.
4. In the event that tree removal occurs in an area otherwise than permitted
in paragraph a, mitigation shall be required at a rate two times the
number of trees required should the tree removal occur in a distance
of 30 feet or greater from proposed building.
5. In the event that it is unknown or in question in any given instance
as to whether mitigation should be determined on the basis of a minor
tree or a major tree, mitigation shall be required on the basis of
a major tree.
6. In the event that it is unknown how many trees were removed from
any given site, and removal took place without a tree removal permit
issued pursuant to this section, the number of trees requiring mitigation
shall be computed by assuming trees over six inches in caliper existed
30 feet on center and plotting the maximum number of those trees as
circles of a fifteen-foot radius without having the circles overlap
or extend beyond the property lines or drip lines of existing trees.
7. In connection with tree removal pursuant to paragraph a3, it shall
be required that the applicant plant major trees on center a distance
of 30 feet as street trees between the curbline and the edge of the
right-of-way in a location determined by the municipal official administering
this section.
8. Mitigation in any instance is not to be considered a penalty, rather
an implementation of the purposes of this section. Mitigation shall
not be a substitute for, but shall be in addition to, any penalty
imposed for violation of the provisions of this section.
e. Notice to Adjoining Property Owner. In the event that the Director
of Public Works determines that any tree to be removed is located
within the buffer area or in close proximity to the property line
between the two properties, the applicant is required to notify the
owner of the adjacent property by letter or personal contact and the
applicant shall be required to submit written evidence of such notification
at the time of application for a tree removal permit. In addition,
in the case of any tree shown on a survey plan located on a property
line, the applicant shall be required to obtain written consent from
the adjacent property owner to remove the tree and written consent
shall be submitted by the applicant at the time of application for
a tree removal permit. The owner of adjacent property who received
such notification may submit a written objection to the removal of
any such tree to the Borough within five days of such notification.
The Borough will investigate the conditions of any such written objection
prior to the issuance of a tree removal permit.
f. Cumulative Number of Trees Removed to Be Considered in Determining
Eligibility for Minor Tree Removal Permit. In determining whether
an applicant is eligible for a minor tree removal permit or must apply
for a major tree removal permit, the total number of trees that an
applicant has applied to remove on the same lot, including amendments
to previously approved tree removal permits, within a twenty-four-month
period shall be used; and, when an applicant requests to remove any
number of trees that will result in his having applied to remove a
cumulative total of 20 or more live trees within said 24 month period,
he shall be required to apply for a major tree removal permit, irrespective
of the fact that such applicant shall not have requested approval
to remove in excess of 20 trees in any one permit application.
[Ord. No. 13-07]
The tree required to be planted by the applicant and/or property owner pursuant to subsection
26-1.6d4, shall be planted within six months after the completion of the project for which the permit was issued, the issuance of a Certificate of Occupancy or the issuance of a certificate of approval, whichever shall be sooner. The applicant may submit a written request to the Director of Public Works for an extension of time of up to an additional three months due to unforeseen circumstances or weather conditions, which request shall not be unreasonably denied. Any request for an extension of time greater than three months must be submitted in writing to the Mayor and Council for consideration.
[Ord. No. 13-07]
This section shall be administered primarily by the Director
of Public Works, with assistance from the Code Enforcement Officer,
and enforced under the Property Maintenance Code.
[Ord. No. 13-07]
Any person aggrieved by the decision of the municipal official charged with the administration and enforcement of this section shall have the right within 10 days of the issuance of any decision by such official to appeal to the Mayor and Borough Council, which shall take action as it deems appropriate in the matter. In the event of such an appeal, the procedures set forth with reference to applications based on hardship contained in subsection
26-1.6c shall apply.
[Ord. No. 13-07; amended 9-2-2021 by Ord. No. 21-14]
a. The Summary Chart provided below shall serve as a consolidated guide to the permit, fee, and notification regulations contained within this chapter. In the event of any perceived inconsistency between this Summary Chart and the printed sections of this chapter, the provisions of Chapter
26 shall control.
Land Development Actions and Permits
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Development of New House, Swimming Pool, Tennis Court
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Exterior Home Improvement Construction or Zoning Permit Required
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Buffer Zone R7.5, R9, R10-5 feet; R20-10 feet; R40-20 feet
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Hazard- ous in Buffer Zone
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Any Other Situation
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Permit required
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Yes
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Yes
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Yes
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Yes
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No
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Permit fee
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Yes
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Yes
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Yes
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No
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No
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Minimum caliper of tree 54 inches above ground
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6 inches
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6 inches
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6 inches
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N/A
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N/A
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Site plan required
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Yes
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Yes
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Yes
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Yes
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*
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Property survey required
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No
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Yes
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Yes
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Yes
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N/A
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Possible mitigation
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Yes
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Yes
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Yes
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No
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N/A
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Notification to adjacent property owner
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Yes
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Yes
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Yes
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Yes
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N/A
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* Such situations to be reviewed by the Director of the Department
of Public Works and/or the Construction Official to determine the
applicability of any of the provisions of this chapter.
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