Borough of Rockaway, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Rockaway 10-14-1971 by Ord. No. 5-71 as Ch. 29, Art II, Div. 3, of the 1971 Code of Ordinances. Amendments noted where applicable.]
Shade Tree Commission — See Ch. 77.
Uniform construction codes — See Ch. 115.
Land development — See Chs. 169 through 172.
This chapter shall apply to all persons making applications to build, subdivide, excavate, make any landfill or engage in any operation which shall cause the destruction of any live trees of the gauge or dimensions set forth in this chapter.
The Borough hereby finds that indiscriminate and excessive cutting of trees upon tracts of land results in creating increased surface drainage and increased soil erosion, thereby causing increased municipal costs to control drainage within the Borough; impairs the benefits of occupancy of existing residential property in such areas; and impairs the stability and value of both 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.
No building permit shall be issued unless the applicant for such permit shows on an appropriate plan all proposed tree removals in relation to the survey stakes marking out a building foundation or dwelling, garage, driveway, recreation area or any site that warrants tree removal. The species and condition of the trees shall be checked by the Borough Engineer and shall be indicated upon the plan. Such plan shall be certified by the Engineer to the Building Inspector.
No live trees exceeding five inches in diameter shall be cut down except under the following circumstances:
If their presence would cause hardship or endanger the public or an adjoining property owner.
In areas to be occupied by buildings, driveways or recreation areas and within a distance of 15 feet around the perimeter of such building, depending on tree species and conditions to be determined by the Borough Engineer.
Unless the area shall have a cut or fill of land deemed injurious or dangerous to the trees. The determination of the Borough Engineer in this respect shall depend on the species of tree and degree of injury and shall be indicated on the plan referred to in § 235-3.
No material, machinery or permanent soil deposits shall be placed within six feet of the trunk or stem of any existing live tree that has not been approved for removal according to the provisions of this chapter.
Any person aggrieved by the provisions of this chapter shall have the right, within 10 days from the decision of the Borough Engineer, to appeal such decision to the Council, who shall review the decision of the Engineer. Unless the decision is revoked or modified, it shall remain in full force and effect.