From the April - May  2001 Edition 

Fair Lawn's Tree Ordinance   Chapter 125-45 Trees. A.Definitions: REPLANTED TREE -- Any deciduous or evergreen woody plant of the diameter caliper required in this chapter, planted for the purpose of replacing trees cut, removed or destroyed. TREE -- Any live, woody plant having a diameter or width greater than eight inches and/or circumference greater than 25 inches measured at the natural ground level. If a plant has multiple stems, then the aggregate of the stem diameters and/or circumferences shall be used in determining whether the plant is a tree.  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 Fair Lawn: (1)Cut, destroy or injure any tree. (2)Place or maintain upon the ground any substance which will impede the tree the free access of air and water to the tree's living components. (3)Apply any substance to any part of a tree, including roots, with the intention to injure or destroy the tree.  C.Permitted activities. Notwithstanding the restrictions contained in the above section, the following activities shall be permitted: (1)The removal of not more than five trees on any approved or existing building lot, as shown on the current Tax Assessment Map of the borough, within a twelve-month period. (2)The removal of trees in accordance with a site plan or subdivision plan approved by the Planning Board or Zoning Board or a plot plan submitted for a soil movement permit approved by the Planning Board or Zoning Board, in conjunction with development or soil movement applications, so long as the approval includes a requirement that the applicant replace two trees for each tree removed. (3)The cutting, trimming or maintenance of trees in a manner which is not harmful to the health of the tree. (4)The removal of trees which are diseased, dead, partially or completely fallen by acts of nature or which endanger public safety. (5)The removal of trees necessary to construct any structure for which a permit has been issued by the Construction Code Official, so long as the approval includes a requirement that the applicant replace at least 25% of the trees removed. 6. Activities involving tree trimming or removal located within a public right-of-way or easements or publicly owned or controlled property, so long as the Borough of Fair Lawn is in responsible charge of the activities.  D.Notice of tree removal. Any individual, corporation or association or any of their servants, agents or employees shall provide notice to the Borough of Fair Lawn in writing not longer than 14 days before nor longer than 14 days after the removal of any trees as set forth in the above section herein except in the case of an emergency. In the case of an emergency, notice shall be given as reasonably as possible prior to the removal of any tree, but not later than 14 days after said removal.  E.Exceptions: the following shall apply (1)The Planning Board or Zoning Board may waive the replacement planting requirements either in number, specie or replacement size. (2)Upon application to the Planning Board or Zoning Board, the granting of exceptions from the requirements of this chapter as may be reasonable and within the purpose and intent of this chapter if the literal enforcement of one or more provisions is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question. The Planning Board or Zoning Board shall utilize the appropriate form of application consistent with the intent of this chapter.  F.Criteria for consideration of tree removal and replanting. The Planning Board or Zoning Board may consult with the Fair Lawn Environmental Commission, the Department of Public Works, the Borough Engineer or any professional as provided in the Municipal Land Use Law, for guidance in considering land use, development, soil movement or exception applications. Replanting trees shall be at least 21/2 inches in diameter caliper, measured at breast or chest height and must be nursery stock, balled and burlap and staked upon planting per borough standards provided by the Borough Engineer. The location of replanted trees shall be determined by the following schedule of preference when at all possible: (1)In the location where the trees are removed. (2)Within the building lot containing the removed trees. (3)Within the development site approved by the Planning Board or Zoning Board or within the public right-of-way fronting or bounding the site. (4)Elsewhere in the borough within public property, but as near as possible to the building lot where the trees are removed. (5)The tree to be replanted shall be as close in nature and kind to the tree that was removed. The replacement tree need not be of the same age or maturity as the tree which it is replacing, but the replacement tree shall be of the nature and kind so that after its growth and maturity, it will reasonably approach the size and kind of the tree it is replacing.  G.Enforcement. The Construction Code Official or his/her designee is designated as the enforcing agent for this chapter. Upon review of as-built plans or site inspections of any development application or soil movement activity, the Borough Engineer shall inform the Construction Code Official of those trees in excess authorized for removal pursuant to the Planning Board or Zoning Board approval.  H.Penalty. (1)Fine/imprisonment. Any individual, corporation or association violating any provision of this section shall, upon conviction thereof, be punishable by fine not exceeding $1,000 per offense or imprisonment for a term not in excess of 90 days or both. The court may also impose an appropriate term of community service and order restitution in an amount equal to the cost of planting the trees required in this section. (2)Restitution. In addition, if trees are cut, destroyed or removed for any reason, restitution may be ordered by the court in the event of any violation of Subsection B of this section in an amount determined to cover the cost of replacing any tree that was cut, destroyed or injured in conjunction with any land use, development or soil movement activity, in excess of a specified number of trees which were approved for removal by the Planning Board. Restitution shall be made by the applicant at the applicant's sole cost and expense in accordance with the following schedule:  Diameter of Tree Removed Number of Two-Inch Caliper (in inches)Trees to be Provided  8" to 15"    6 trees 16" to 24"    10 trees 25" to 36"    15 trees 37" and over    20 trees (3)In the event that the property owner does not pay the restitution so ordered and does not replace the trees that were cut, destroyed or injured in violation of this section, the borough may, after proper notice to the property owner, perform such replacement of the tree or trees as is deemed appropriate, charging the reasonable cost of same to the property owner. The cost shall become a lien on the property and shall be filed by the borough with the appropriate recording or municipal officer to reflect the nature and amount of the lien. Notice to the property owner may be made by sending a letter certified mail, return receipt requested, and regular mail to the property owner's last known address, by posting said notice on the property or by sending such notice to such other known individuals or entities or agents of the property owner or who have an interest in the property. In the event the property is in foreclosure, notice may also be sent to the mortgagee.  Chapter 226 Definitions.   As used in this chapter, the following terms shall have the meanings indicated: CALIBER -- When used in determining the measurement of all trees, that diameter as measured 12 inches above the natural grade the tree had been most recently growing.   ¤ 226-2. Harming shrubs and trees prohibited.   No person shall do or cause to be done any of the following acts upon public highways, public parks, public rights-of-way or other public places within the borough without the written permission of the Borough Manager: A.Cut, trim, break or climb with spikes, destroy the roots or in anyway injure or spray with any chemical or remove any living tree or shrub or injure or misuse any structure or device places to support such trees or shrubs.   ¤ 226-3. Planting of street trees and shade trees. A.There shall be planted upon every public right-of-way street trees or shade trees of at least 11/2 inches in diameter, placed at a minimum of 35 feet apart nor more than 50 feet apart on the right-of-way or street line so as not to interfere with the utilities and sidewalks. The kind of tree to be planted shall be decided by the Superintendent of Public Works and the Borough Manager. B.The tree shall be planted by the borough. Before a building permit is issued by the Building Department of the borough, every applicant shall be required to deposit the sum, as set from time to time by resolution of the Borough Council, EN per tree to cover the cost of the purchase and the planting of the aforesaid trees. This section shall not be construed to require the planting of trees where it is determined by the Superintendent of Public Works and Borough Manager that trees complying with the minimum requirements already exist nor shall it be construed to relieve a subdivider of providing the installation of trees as required by the land subdivision ordinance.   ¤ 226-4. Replacement of trees. A.Where trees have been insufficiently spaced in the original planting, less than 35 feet on center, no new tree need replace such tree at the option of the Superintendent of Public Works. B.Where trees have died due to disease or other cause, replacement and replacement species shall be at the option of the Superintendent of Public Works. C.When an entire street has been cleared of trees for any reason, the selection of tree species or variety shall be at the option of the Superintendent of Public Works.