In the event that the Police Department, Fire Department or
Building Department declare a tree(s) to be unsafe, the property owner
shall be permitted to remove said tree(s) or trim the affected areas
of the tree(s) without first obtaining an appropriate permit in accordance
with this chapter; however, the property owner shall be required to
immediately file the appropriate application for a permit in accordance
with this chapter.
In the event that a sidewalk adjoining a property is raised,
cracked or otherwise damaged which creates a hazardous condition and
the property owner receives a notice from the Town, which notice orders
that property owner to correct the condition prior to performing any
work at the property, the property owner must contact the Building
Department in order for a representative of the Building Department
to inspect the tree and/or root which is causing the damage to the
property. If at all possible, the property owner shall trim the root
in order to correct the problem in a manner which shall cause as little
damage to the root system as possible. Furthermore, the trimming of
the root system shall be done during a period of time during which
the root system is dormant. The removal of the tree shall only be
performed if absolutely necessary and only if it is determined that
the root system cannot be trimmed or otherwise cut back to correct
the problem.
In the event that any property owner removes a tree pursuant
to any provision of this chapter, a replacement tree shall be planted
at or near the location of the tree which was removed. Said replacement
must be made within six months of the issuance of the tree removal
permit, and the replacement tree must be of a height of at least six
feet and three inches to five inches caliper (width). The property
owner shall consult with the Building Department in order to determine
the species of tree which shall be used for replacement, and the species
shall be selected from a list of approved species which shall be maintained
within the Building Department.
A. In the event that replacement tree(s) are not planted in accordance
with the provisions of this section, then the property owner shall
be fined $250 per month that the tree is not replaced.
No person shall hereafter plant or permit to be planted any
poplar or willow tree in any public street or public place or within
40 feet of the side lines of any street or place.
In the event that any member of the public observes a condition
which they deem to be in violation of the within chapter, they shall
immediately forward written notice of said alleged violation to the
Building Department, and the appropriate representative of the Building
Department shall be required to act in any manner necessary in order
to assist in the enforcement of the terms and provisions of this chapter.
In the event that any applicant for a permit shall have been
refused a permit, said person shall have the right and privilege to
appeal from such refusal to grant a permit to the Board of Commissioners
of the Town of West New York; provided, however, that not less than
five days' written notice of such appeal shall have been served
upon the Board of Commissioners, either in person or by registered
mail, return receipt requested, and a date of hearing before the Board
of Commissioners (or its designee) shall be fixed no later than 30
days after the receipt of said notice of appeal. Thereupon, the Board
of Commissioners (or its designee) shall notify said person of the
place, date and time of hearing.