ORDINANCE NO.
07-16
ORDINANCE TO AMEND SECTION 310-133
REMOVAL OF TREES OF CHAPTER 310 THE DEVELOPMENT REGULATIONS OF THE CODE OF THE
BOROUGH OF HILLSDALE, COUNTY OF BERGEN AND STATE OF NEW JERSEY TO CLARIFY TREE
REMOVAL AND PROHIBIT MODIFICATION OR REMOVAL OF LANDSCAPE ITEMS REQUIRED IN
CONJUNCTION WITH SITE PLAN AND SUDIVISION APPROVAL
SECTION 1. Subsection
310-133B Removal of Trees Prohibited activities of Chapter 310
Development Regulations of the Code of the Borough of Hillsdale is replaced and
amended to read as follows:
B. Prohibited activities. No individual, corporation or
association shall do, or cause to be done by others, either purposely,
carelessly or negligently, any of the following acts upon privately owned
property within the Borough of Hillsdale:
|
(1) |
Cut, destroy or injure any tree, except as provided for
in this section. |
|
(2) |
Place or maintain upon the ground any substance which
will impede the tree free access of air and water to the tree's living components.
|
|
(3) (4) |
Apply any substance to any part of a tree, including
roots, with the intention to injure or destroy the tree. Fail to maintain trees, bushes, shrubs, buffer strips
other landscaping and conditions imposed as part of site plan or subdivision
approval without application and approval by a Board of appropriate
jurisdiction. |
SECTION 2. Subsection 310-133 C. (1) Removal of Trees Permitted activities. of Chapter 310 Development Regulations of the Code of the Borough of Hillsdale is replaced and amended to read as follows:
|
(1) |
The removal of not more than five trees, within any
consecutive twelve-month period from the cutting of the first tree, on any
approved or existing building lot, as shown on the current Tax Assessment
Maps of the Borough. |
SECTION 3. Prior Inconsistent Ordinances Superseded. All ordinances or parts of ordinances contrary to or inconsistent with this ordinance are hereby superseded.
SECTION 4. Invalidity. If any section or provision of this Ordinance be adjudged invalid or unconstitutional, preempted by Federal or State law, or otherwise invalid by any court of competent jurisdiction, the same shall not affect the validity of the ordinance as a whole or any other section or provision hereof.
SECTION 5. Effect. This ordinance shall take effect immediately upon final passage and publication, or otherwise as provided by law.