[HISTORY: Adopted by the Mayor and Council of the Borough of New
Providence 5-29-1973 by Ord. No. 73-7
as Ch. 27, Art. II, of the 1973 Code of Ordinances. Amendments noted where
applicable.]
For purposes of this chapter,the following words and phrases shall have
the meanings respectively ascribed to them by this section:
Any piece or parcel of land or group of lots in single ownership.
Any person having title to any lot, plot, piece or parcel of land.
Any person in possession of any lot, piece or parcel of land, with
or without a lease, but with the permission of the owner.
No person shall destroy or remove any tree with a diameter in excess
of four inches, measured one foot above the ground, growing upon any lands
within the Borough in the county, unless such destruction or removal is accomplished
or caused to be accomplished in accordance with the provisions of this chapter.
All persons desiring to destroy or remove any such tree or trees in
excess of the size referred to in § 247-2 shall file an application
for a permit with the Borough Clerk on the form to be provided for such purpose.
Such application shall identify the lot or tract of land upon which the tree
or trees are located, shall disclose the name and address of the owner, tenant
or duly authorized agent of the owner or tenant and shall show the exact location
of the tree or trees sought to be destroyed or removed.
If such application, together with any previous application or applications,
discloses that no more than three trees in excess of the size referred to
in § 247-2 are to be destroyed or removed or have been destroyed
or removed from the lot or tract of land referred to in such application,
the Borough Clerk shall issue a permit as applied for as a matter of course.
If such application, together with any previous application or applications,
discloses that more than three trees in excess of the size referred to in
§ 247-3 are to be or have been destroyed or removed from such lot
or tract of land, the Borough Clerk shall refer such application to the Borough
Engineer for consideration. The Borough Engineer shall thereupon examine the
matter by visiting the premises referred to in the application, by inspecting
the tree or trees referred to therein and by observing the drainage conditions
and physical conditions existing upon such lands and in the vicinity thereof.
A.
After completing his examination, the Borough Engineer
shall make a determination with respect to whether or not the permit applied
for should be granted.
B.
He shall thereupon endorse his determination upon the
application and return it to the Borough Clerk. The Borough Engineer shall,
at all times, follow the intent of this chapter, which is to preserve trees
wherever this can be accomplished, and he shall not make a favorable determination
with respect to the aforesaid application unless he finds one or more of the
following conditions exist:
(1)
That the area where such tree is located will be occupied
by a building or structure, a driveway or recreation area, a roadway, a drainage
right-of-way or a sewer line or the area where such tree is located is within
15 feet of any of the foregoing.
(2)
That the area where such tree is located has a depression
or fill of land, which is deemed injurious or dangerous to such
tree or other trees located nearby.
(3)
That the presence of such tree is likely to cause hardship
or will endanger the public or an adjoining property owner, by reason of it
being diseased or dead or for some other adequate reason within the intent
of this chapter.
(4)
Where the premises for which a tree removal permit is
sought comprise vacant land and front on an improved street, that a building
permit for the erection of a structure thereon is in existence.
Upon receipt of the aforesaid application from the Borough Engineer,
the Borough Clerk shall note the action taken, and if the determination of
the Borough Engineer is favorable, the Borough Clerk shall promptly issue
the permit applied for upon payment of a permit fee in the amount of $1 per
tree. If such determination is unfavorable, the Borough Clerk shall promptly
notify the applicant, in writing, with respect thereto and shall not issue
such permit.
The applicant is hereby granted the right to appeal the determination
as provided in § 247-7 to the Mayor and Council of the Borough,
in which event such applicant must file a written notice of appeal with the
Borough Clerk within 10 days after receipt of the Borough Clerk's notification.
Thereupon the Mayor and Council shall proceed to hear the matter upon notice
to the applicant within 30 days after the filing of such notice of appeal.
The decision of the Mayor and Council of the Borough may affirm, reverse or
modify the aforesaid determination.
[Added 6-24-2002 by Ord. No. 2002-3]
Should the permit not be obtained, or the aforementioned, unfavorable
determination not be appealed, or the appealed thereto upholds said determination,
or the provisions here and above described are not complied with, and the
owner or tenant removes any tree or trees in excess of the size referred to
in § 247-2, the owner or tenant, as the case may be, shall pay as
penalty to the Borough $100 per tree, up to the first three trees, and $300
per tree in excess of the first three trees; provided, however, that said
penalty will not apply to the removal of a tree, the condition of which poses
a health hazard or safety issue or is taken down in furtherance of the public
interest as determined solely by the Borough. In addition, any tree removal
service, or contractor, or any other persons who assist with machinery to
remove any tree in excess of the size referred to in § 247-2, subject
to the above-described provisions, will pay a penalty to the Borough in the
amount of $1,000 per tree so removed.
