[Ord. 5-9-95 § 1]
a.
The Mayor and Council do hereby decide and find that the indiscriminate,
uncontrolled and excessive destruction, removal and cutting of trees
upon lots and tracts of land within the Borough results in creating
increased municipal cost to control drainage, and further causes increased
soil erosion, decreased fertility of soil and increased dust, which
deteriorates property values and further renders land unfit and unsuitable
for its most appropriate use, with the result that there has been
and will continue to be deterioration of conditions affecting the
health, safety and general well-being of the inhabitants of the Borough.
b.
It is the purpose of this chapter to control soil erosion and sediment
damages and related environmental damage by requiring adequate provisions
for surface water retention and drainage and for the protection of
exposed soil surfaces in order to promote the safety, public health,
convenience and general welfare of the community. The standards and
procedures established in this chapter are intended to furnish guidelines
for the use of Borough boards, committees, and commissions in evaluating
tree removal and planting plans prior to issuing approval for subdivision
and other land development.
c.
In order to immediately protect the health, safety and general welfare
of the inhabitants of the Borough from the indiscriminate, uncontrolled
and excessive destruction, removal and cutting of trees within the
Borough, no person shall cut or remove any tree on any land within
the Borough, with the exception of those permitted tree removals as
provided for herein.
[1982 Code § 10-1.2]
Except as hereafter provided, no person shall cut, destroy or
remove any tree located within the Borough which has a diameter of
three inches or greater measured at a point one foot above the ground.
[1982 Code § 10-2.1]
Any person desiring to remove any live trees in excess of the size referred to in subsection 15-1.2 shall prepare and submit an application in the form provided by the Borough for such purposes and in the manner set forth herein.
a.
For removal of a tree or trees from a lot or parcel of land for which
the applicant is not required to obtain site plan or subdivision approval
from the Borough Planning Board as a condition precedent to obtaining
a building permit, by filing such application with the Enforcement
Officer created and designated by this chapter. The Enforcement Officer
shall consider and decide such applications.
b.
For removal of a tree or trees from a lot or parcel of land for which
the applicants are required to obtain site plan or subdivision approval
from the Borough Planning Board as a condition precedent to obtaining
a building permit, by filing such application simultaneously with
the application for site plan or subdivision approval with the Borough
Planning Board, which shall consider and decide such application in
conjunction with the application made for site plan or subdivision
approval.
[1982 Code § 10-2.2]
The application form supplied by the Borough shall contain as
a minimum the following information:
a.
Name and address of applicant, and status of legal entity (individual,
partnership, corporation of this or any other State, etc.).
b.
Status of the applicant with respect to land (owner, lessee, tenant,
purchaser under contract, etc.).
c.
Written consent of the owner of the land, if applicant is not the
owner.
d.
Name of the person preparing any map, drawing or diagram submitted
with and as a part of the application.
e.
Location of property, including a street number and address, and
block and lot numbers, as shown on the official tax map of the Borough.
f.
Number of trees to be removed, and the species and approximate size
of each tree.
g.
Purpose for tree removal (construction, street and roadway, driveway,
utility easement, recreation area, patio, parking lot, etc.).
h.
Diagram of lot or parcel of land, specifically designating the area
or areas of proposed tree removal, and the proposed use of such area.
i.
Such other information as may be deemed necessary in order to effectively
process and decide such application.
j.
The number of copies of each application form to be submitted by
the applicant shall be prescribed by the appropriate decisional authority
to whom such application is to be submitted.
[1982 Code § 10-3]
a.
Prior to taking final action upon any application for tree removal,
an inspection of the site shall be made by:
1.
The Enforcement Officer in those cases where final determination
is to be made by him as to the granting or denial of an application.
2.
By a duly designated representative or by representatives of the
Borough Planning Board in those cases where final determination is
to be made by that body as to the granting or denial of an application.
b.
Such inspection shall be made of the site referred to in the application,
and of contiguous and adjoining lands, as well as of land conditions
and physical conditions existing thereon.
[1982 Code § 10-4]
An application for tree removal shall only be granted for the
following reasons, and under the following terms and conditions:
a.
Where the area proposed for tree removal is to be occupied by a building
or other structure, a street or roadway, a driveway, a parking area,
a patio, a swimming pool, a recreation area, a power drainage, sewerage
or any other utility line, easement, or right-of-way, a clearance
area for the placement or storage of soil, fill, or construction materials
or debris during tree removal or construction operations, or where
the area of tree removal is not greater than 20 feet on either side
of or around the perimeter of any of the foregoing, whichever is applicable.
b.
In areas proposed for tree removal which are not to be occupied by
any of the uses or facilities set forth in paragraph a above upon
a finding:
1.
That the continued presence of such tree or trees is likely to cause
danger to person or property upon the property for which removal is
sought, or upon adjoining or nearby property.
2.
That the area where such tree or trees are located has a cut depression
or fill of land, or the topography of the land is of such a character
as to be injurious or dangerous to such tree or trees, or to trees
located nearby.
3.
That the removal of trees if for the purpose of thinning out a heavily
wooded area, with some trees to be removed, and other trees to remain.
The planting of seedlings or other replacement trees may be made a
condition of removal.
c.
Upon an express finding by the appropriate decisional authority that
the proposed tree removal will not result in or cause, increase or
aggravate any or all of the following conditions: impaired growth
or development of remaining trees or shrubs on the property of the
applicant, or upon adjacent property; soil erosion, sedimentation
or siltation dust; drainage or sewerage problems; dangerous or hazardous
conditions; and depression in the land value of the subject property
and properties in the neighboring area.
d.
The appropriate decisional authority shall have the power to affix
reasonable conditions to the granting of the permit for the removal
of trees and protection of trees to remain.
[1982 Code § 10-5]
The following lands, activities and uses shall be exempt from
the terms and conditions of this chapter:
a.
The commercial stock of plant and tree nurseries and garden centers.
b.
Public rights-of-way where the tree removal is conducted by or on
behalf of a Federal, State, County, municipal or other governmental
agency or entity in the lawful exercise of its activities, duties
or functions in constructing or improving such public rights-of-way.
c.
Removal of diseased and dead trees, except that girding, poisoning
or other damaging of trees in order to avoid compliance with the provisions
of this chapter shall constitute a violation of this chapter.
[1982 Code § 10-6]
The Mayor, with the advice and consent of the Borough Council,
may appoint a person qualified by background, training and experience
as the Enforcement Officer of the terms and conditions of this chapter.
In the absence of such an appointment, the Construction Official shall
act as the Enforcement Officer of this chapter.
[1982 Code § 10-7; New]
a.
Any person aggrieved by the decision of any officer, board or body
may, pursuant to the provisions of this chapter, within 10 days of
the receipt of such decision, appeal to the Mayor and Council. Such
appeal shall be taken by filing a written notice of appeal with the
Borough Clerk, which notice of appeal shall set forth with particularity
the action appealed from. The Mayor and Council shall set a time for
the hearing of the appeal and, after a hearing has been held thereon,
may reserve, modify or affirm the decision appealed from.
[1982 Code § 3-11.4]
No person shall do or cause to be done any planting of trees
or shrubs or any construction of fences or walls upon a public highway
or public property or public right-of-way within the Borough except
as may be required by the Board of Adjustment, Planning Board or other
lawful governmental authority and subject to the aforementioned regulations.
