Newark Municipal Code Ch. 8.16 Preservation of Trees on Private Property

In enacting the ordinance codified in this chapter, the city council finds that throughout the history of the development for human habitation of the area now comprising the city there has existed, and still exists, a serious problem of high winds of such magnitude that the public health, safety and general welfare have required the taking of steps to combat the injurious effects of such winds. Among such steps has been the establishment and growth of stands of trees and of individual trees by private individuals resident in the area. However, since the incorporation of the city and the accompanying rapid rate of conversion of agricultural lands to urban development, certain property owners have cut down great numbers of trees within the city limits, and such extensive cutting of trees has reached a point where further wanton destruction of trees would, because of the wind problem as aforesaid, give rise to substantial danger to the public health, safety and welfare from dust, erosion, and other hazardous elements attendant to unrestricted high winds. Therefore, the provisions of this chapter are intended to limit the unnecessary destruction of existing trees on private property so as to preserve existing windbreaks, and for conservation purposes, as well as to preserve the natural beauty which said trees lend to the city, all for the protection of the public health, safety, prosperity and general welfare, while at the same time recognizing individual rights to develop private property in a manner which will not be prejudicial to the public interest.

(Ord. 163 § 1, 1979)

No person shall cut down, destroy, remove or move any tree which shall include any live woody plant having one or more well defined perennial stems with a trunk diameter of six inches or greater, measured at four feet above ground level growing within the city limits on any parcels of land except developed residential parcels of land ten thousand square feet or less in area, unless a permit to do so has been obtained from the public works director.

(Ord. 63 § 2 (part), 1979)

Upon receiving any such application for permit, the public works director shall inspect the premises involved and the surrounding area, and shall ascertain whether or not the tree or trees serve a windbreak function upon which a substantial number of persons depend.

(Ord. 163 § 2 (part), 1979)

Following investigation, the permit shall be issued unless the public works director finds that any such tree is in a reasonably healthy condition and is necessary in order to preserve the health, safety and welfare of a substantial number of persons in the community by serving a windbreak function; or that the public interest will be otherwise unduly prejudiced by the destruction or removal of any such tree; and that the public interest in preservation of any such tree is not outweighed by the individual hardship on the applicant in the event the application is denied. In applying the standards set forth in this chapter, nothing shall be deemed to prevent the public works director from issuing a permit to destroy or remove part of the trees involved in an application, while denying a permit as to the remainder.

(Ord. 163 § 2 (part), 1979)

Permit fees shall be established by city council resolution.

(Ord. 163 § 2 (part), 1979)

A. Any person aggrieved by any action of the public works director in denying or issuing any such permit, as prescribed in Section 8.16.040, may, within ten days of the action taken, appeal in writing to the city council, in which case such matter shall be scheduled for hearing by the council within twenty days after the filing thereof. Action under any permit, the issuance of which has been appealed, shall be suspended pending final decision of the city council on the appeal. The city council may set any such appeal for public hearing, giving such notice to the public or to the persons concerned as the council deems advisable. Following the hearing of any such appeal, the city council may affirm, reverse, or modify the action of the public works director and may take any action thereon which would have been authorized in the first instance. The action of the city council on any such appeal shall be final and conclusive.

B. In any case where the public works director is unable to make the necessary findings but does find that it would be otherwise desirable in the public interest that any tree or trees involved in an application be preserved, then in such event action on the permit application may be withheld for a period not to exceed thirty days, during which time the matter may be referred to the city council for action.

(Ord. 163 § 3, 1979)