Borough of Wanaque, NJ Trees

Permit required for tree removal. No property owner, tenant or any other person shall remove or destroy, or cause to be removed or destroyed, by any person or entity, any specimen of tree over 12 inches in caliper on any unimproved or vacant tract of land, or on any other parcel or plot of land within the borough, unless a permit is obtained for such removal. A permit shall be obtained from the Construction Official, upon application being made therefor and a fee of $10 with each application is paid.

Application information. An application for a permit for removal or destruction of any tree or tract where no building permit is requested or contemplated shall contain the name of the applicant, name of the owner of the property, with consent of the owner, if different from the applicant, location and species of trees on a sketch of property and reasons for the removal or destruction. In the event that an application for tree removal is sought in connection with a building permit, a site plan or plan showing the location of species of trees on site and which trees on the property are to be removed, together with the condition of such trees shown on the plan, by an architect or engineer, under the seal of such architect or engineer, shall be provided.

Appeal. In the event of denial of any permit, the applicant seeking appeal from the decision of the Construction Official shall proceed before the Board of Adjustment as provided by statute.

Standards for removal. The following shall be standards to be applied in determining which tree or trees may be removed:

(1)

Hardship, in which such cases shall be based upon an examination of all circumstances considering the applicant's hardship. If the hardship of the owner outweighs the public benefit promoted by retention of trees, the hardship requirement removal may be found to exist.

(2)

In any area to be occupied by a building, driveway, walkway, drainage field, septic tank, recreation area (tennis courts, swimming pools or similar facilities), may have the trees removed, but not more than 15 feet around the perimeter of such facility.

(3)

Any area in the required buffer shall be undisturbed.

(4)

The area that has a cut or fill deemed injurious or dangerous to trees may have removal of trees in such area, as determined by the Construction Official.

(5)

The Construction Official shall view the land where the tree or trees are to be removed, as well as drainage or other physical conditions existing on subject or adjoining property.

(6)

The permit shall be granted if there is a finding that the removal and destruction will not impair the growth and development of the remaining trees on the property of the applicant or adjacent properties, and would not cause erosion of soil, impair existing drainage, lessen property values in the neighborhood or impair the aesthetic values of the area.

Regulations.

(1)

Protection of trees. No soil material, permanent or temporary, shall be placed within six feet of any tree. Where grading may be required, trees shall be walled into the outer crown of the tree.

(2)

No structure, equipment or removable machinery which would injure the trees shall be permitted to operate within six feet of any trees in order not to disturb the soil or compact it so as to injure the tree or tree roots.

(3)

Prior to removal for construction activity, all trees to be retained shall be tagged. Such tagging shall be reviewed by the office of the Construction Official.

Exempt land or activities. The following land or activities shall be exempt from the provisions of this section:

(1)

Orchards, borough, county and state lands.

Replacement of trees. To the extent possible, the elimination of any deciduous tree of required caliper shall be replaced in equal number by a tree of at least three-inch caliper, the species of which is either identical to the tree being removed or is otherwise referred to in the United States Soils Conservation Services as compatible with the soil type or a coniferous tree of at least eight feet in height at the time of planting. Coniferous trees shall be replaced by similar coniferous trees of at least eight feet in height at time of planting.

Any person violating any of the provisions of this section shall, upon conviction, be subject to a fine not exceeding $500 or imprisonment in the county jail for a term not exceeding 90 days, or both, and a period of community service not to exceed 20 days. Each tree removed in violation of this section shall be deemed to constitute a separate and distinct offense and violation of this chapter.