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.