[Adopted 3-12-1980 by Ord. No. 2-13-80A (Ch. 199, Art. I, of the 1984 Code)]
A.
The Borough Council of the Borough of Haledon does
herein decide and find that the uncontrolled destruction, removal
and cutting of trees upon lots and tracts within the Borough of Haledon
has resulted in creating increased municipal costs to control drainage
and has further caused increased soil erosion and stream pollution,
decreased the fertility of soil, increased dust which has further
deteriorated property values, and has further rendered land unfit
and unsuitable for its most appropriate uses and has caused deterioration
in the value of improved and unimproved real estate within the Borough
of Haledon with a resulting adverse effect upon the health, safety
and general well-being of the inhabitants of said Borough, and does
hereby cause the passage of this article to regulate and control the
indiscriminate and excessive cutting of trees in the Borough.
B.
It has been determined therefore that no person shall
cut or remove any tree upon any lands within the Borough of Haledon,
in the County of Passaic, unless the aforesaid action is done in accordance
with the regulations and provisions of this article.
The definition of all terms herein contained shall be considered in conformance with those definitions set forth in Chapter 405, Zoning, with the following addition:
Any living deciduous tree having a trunk of a diameter greater
than four inches as measured at a point 4 1/2 feet above the
ground, or any living coniferous tree having a trunk of a diameter
greater than four inches as measured at a point 4 1/2 feet above
the ground and/or a height greater than six feet. Nothing in this
chapter is intended to conflict with or supersede the provisions of
the Soil Erosion and Sediment Control Act of the State of New Jersey,
Chapter 251 of the Public Laws of New Jersey (N.J.S.A. 4:24-39 et
seq.).
Excepted from this article shall be:
A.
Any tree located on a tract or parcel of land one
acre or less in size on which a residential dwelling is located.
B.
Any tree growing on property actually being used as
a nursery, garden center, Christmas tree plantation or orchard.
C.
Any tree growing on land actually being used for a
sanitary landfill operation or for surface mining or on land approved
for such use by the Borough of Haledon or applicable agencies.
D.
Any tree growing in a public right-of-way, private
right-of-way, drainage or utility easements as designated on the Haledon
Borough Tax Map.
E.
Any tree dead or diseased as a result of natural causes
or other tree that is likely to endanger life or property.
F.
Any tree cut or removed in accordance with a Management
Plan developed by the New Jersey Department of Environmental Protection,
Bureau of Forestry, or other professional forester, and filed with
and approved by the Mayor and Council of the Borough of Haledon.
G.
Any tree located within 20 feet of a proposed residential
structure, its well, septic system or other accessory structures.
H.
Any tree located within 10 feet of the planned paved
areas of a residential driveway, provided that the alignment of the
driveway is planned to save as many trees as possible.
I.
Any tree located near utility lines or substations,
provided that the reason for the tree removal is related to public
safety purposes.
No person, partnership or corporation shall
cut, remove or destroy upon any lands within the Borough of Haledon.
County of Passaic, any tree considered to be unique and irreplaceable
by reason of age, historical associations or botanical rarity.
All trees protected by this article shall be
protected against construction damage, soil deposits or other activities
to the satisfaction of the Borough Engineer.
Any persons, partnerships or corporations violating
any provisions of this article shall be subject to a fine not exceeding
$500 or imprisonment for 90 days, or both, at the discretion of the
Judge of the Municipal Court of the Borough of Haledon.
