[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.]
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:
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 Borough Engineer.
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.