[Adopted 7-9-1984 by Ord. No. A-12-84
as Ch. 393, Art. I, of the 1984 Code]
The City of Rahway hereby finds that indiscriminate and excessive cutting
of trees upon tracts of land has resulted in creating increased surface drainage
and increased soil erosion, thereby causing increased municipal costs to control
drainage within the city, and 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 city.
This article shall apply to all persons or corporations who are or will
be applying for building permits for more than one home or a home to be built
as part of an uncompleted development.
No building permit shall be issued unless such person or corporation
shows on an appropriate plan prepared by a licensed engineer or land surveyor,
to a scale of not less than one inch equals 20 feet, 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 trees shall be checked by the Department of Public
Works and shall be indicated upon the plan. Such plan shall be certified by
the Department of Public Works to the Supervisor of Planning and Buildings
of the City of Rahway, who shall enforce the provisions of this article.
No live tree exceeding six inches in diameter shall be cut down except
under the following circumstances:
A. If their presence would cause hardship or endanger the
public or an adjoining property owner.
B. 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 Department
of Public Works.
C. Unless the area shall have a cut or fill of land deemed
injurious or dangerous to the trees. The determination of the Department of
Public Works in this respect shall depend on the species of the tree and degree
of injury and shall be indicated on the plan referred to herein.
No material, machinery or temporary soil deposits shall be placed within
four feet of any existing tree trunk or stem.
Any person aggrieved by the provisions of this article shall have the
right, within 10 days from the decision of the Department of Public Works,
to appeal to the Business Administrator of the City of Rahway, who shall review
the decision of the Department of Public Works. Unless the decision is revoked
or modified, it shall remain in full force and effect.
[Amended 7-9-1984 by Ord. No. A-12-84]
Any person violating any of the provisions of this article shall be
subject to a fine of not more than $500 or to imprisonment in the county jail
for a period not exceeding 90 days, or both, in the discretion of the Municipal
Judge.
[Adopted 6-10-1987 by Ord. No. A-5-87]
As used in this article, the following terms shall have the meanings
indicated:
CITY TREE
A tree located on land owned by the city or in a right-of-way, city
easement; park or parkway or within the sidewalk lines on both sides of a
street.
DRIPLINE
A line connecting the tips of the outermost branches of a tree projected
vertically onto the ground.
EMERGENCY
An event or events, disease or condition which has damaged or destroyed
a tree or trees, such that the continued presence of such damaged or destroyed
tree or trees imminently threatens life or property in proximity thereto.
NONCITY TREE
Any tree other than a city tree as heretofore defined.
PERSON
Any individual, partnership, corporation, agency or other entity.
PROTECTIVE BARRIER
A barrier constructed to protect the roof system or trunk of a tree
from damage during construction or from equipment or soil or material deposits.
TREE
Any living woody perennial plant having a diameter greater than four
inches measured at a point four feet above ground.
No person shall operate, place or maintain within the dripline of any
city tree any machinery, equipment, heavy object, stone, rocks, cement, earth,
soil or other substance which may harmfully affect such city tree by unduly
compressing the earth or otherwise impeding or preventing the access of water
or air to the roots of such tree, or shall excavate around or remove earth
or soil from, or cause any water to flow upon, the roots of any tree, provided
that if provisions of this section create any undue hardship in the appropriate
use and enjoyment of property, the Director of Public Works may waive in whole
or in part such provisions but only to the extent absolutely necessary to
alleviate such undue hardship.
Any person aggrieved by the provisions of this article shall have the
right, within 10 days from the decision of the Department of Public Works,
to appeal to the Business Administrator of the City of Rahway, who shall review
the decision of the Department of Public Works. Unless the decision is revoked
or modified, it shall remain in full force and effect.
Any person violating any of the provisions of this article shall be
subject to a fine of not more than $500 or to imprisonment in the county jail
for a period not exceeding 90 days, or both, in the discretion of the Municipal
Judge.