[HISTORY: Adopted by the Mayor and Council
of the Borough of Middlesex as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Shade Tree Commission — See Ch. 100.
[Adopted 6-23-1981 by Ord. No. 903]
The purpose of this article is to provide for
the planting, maintenance, control, protection and improvement of
shade trees and shrubbery along the public streets and roads and public
places within the Borough of Middlesex.
A.
No landowner shall plant, cut down and/or trim any
tree or shrubbery within any Borough right-of-way or on any Borough-owned
lands without first obtaining a permit issued by the Shade Tree Commission
of the Borough of Middlesex.
B.
Be it understood that the Shade Tree Commission has
control of the plant materials within the Borough right-of-way.
C.
No legal or beneficial owner or owners of a lot or
of any land proposed to be included in a proposed development which
requires site plan approval from the Borough of Middlesex Planning
Board, including the holder of an option or contract to purchase,
or other person having an enforceable proprietary interest in such
land shall plant, cut down and/or trim any tree or shrubbery within
the proposed development without first obtaining a permit issued by
the Shade Tree Commission of the Borough of Middlesex.
D.
No property owner shall plant any trees or shrubbery
within 10 feet of the Borough right-of-way without first obtaining
the approval of the Shade Tree Commission. The purpose of this provision
is to ensure free access, presently and in the future, to the public
for use of Borough rights-of-way.
No fee shall be required for issuance of a shade
tree permit.
No person shall do any of the following acts
to any trees or shrubbery within the jurisdiction of the ordinance
without first obtaining a permit from the Shade Tree Commission of
the Borough of Middlesex.
A.
Prune, cut, climb with spikes, damage, break or remove
or kill.
B.
Cut, disturb or interfere in any way with roots.
C.
Spray with chemicals.
D.
Fasten any wire, rope, sign or other device to any
tree.
E.
Remove or damage any guard or device placed to protect
any tree or shrub.
F.
Spread or apply any injurious chemicals, including
salt around the root area of any tree or shrub.
G.
Remove or add soil over the root zone or trenching
within this area.
H.
Plant trees or shrubs.
Upon the yearly receipt of proof from a utility
company that trained and qualified persons are responsible, a blanket
permit may be issued for work within the area of jurisdiction of the
Shade Tree Commission of the Borough of Middlesex. This work is subject
to inspection by the Shade Tree Commission.
All new or added construction shall be subject
to the above regulations. Upon receiving a building permit, it is
understood that the builder or property owners will cooperate with
the Shade Tree Commission of the Borough of Middlesex. Any new structure,
home, business, industry or improvement to existing structures is
not complete until properly planted, that is:
A.
An acceptable landscape planting for a structure shall
be in relation to its surroundings and in keeping with its value.
B.
Where advisable, shade trees are to be planted, but
not closer than 40 feet, with a minimum of two per lot. No trees shall
be planted closer than 10 feet to the curbline.
C.
Parking lots must have areas set aside for shade trees
and/or evergreens and shrubs, or both; planting for screening where
advisable.
D.
Trees shall be two inches or more in diameter, and
of the following types, but not limited to: silver linden, European
linden, sweet gum, white ash, Norway maple, red maple, crimson king
maple, sugar maple, pin oak, red oak or scarlet oak. Trees shall be
balled and burlapped, properly planted with good quality topsoil where
needed, trunk wrapped, properly anchored and mulched. All plant material
must be certified to be nursery-grown stock and not collected material.
Species selected must be subject to the approval of the Shade Tree
Commission of the Borough of Middlesex.
The Shade Tree Commission of the Borough of
Middlesex will not be responsible for damage to sidewalks, foundations,
driveways or sewer lines caused by Borough trees.
[Amended 12-18-2018 by Ord. No. 1954; 11-26-2019 by Ord. No. 1981]
Any person who is guilty of a violation of any of the provisions
of these regulations shall, upon conviction by the Magistrate, be
fined a sum not to exceed $1,000, plus the cost of the replacement
of a new tree, for each offense. The funds collected for violations
and penalties shall be put in the Tree Replacement Fund, which is
a separate fund with the dedicated purpose of tree replacement within
the Borough of Middlesex. This section shall be enforced by the Middlesex
Borough Department of Code Enforcement or the designee thereof.
[Adopted 3-14-2006 by Ord. No. 1685]
As used in this article, the following terms
shall have the following definitions:
A method of excavation in which the subject tree is removed
along with soil surrounding its roots, and such soil and roots are
wrapped and laced.
The diameter (caliper) of a tree at a point on the tree 54
inches above the actual ground level.
A removal which requires the immediate removal which is necessitated
by any event, whether natural or man-made, which requires the immediate
removal of a regulated tree because it has been determined that such
tree presents an immediate hazard to the public's safety. Such determination
shall be made by the Code Enforcement Officer or other designee, as
authorized by the Mayor and or Borough Administrator.
The Code Enforcement Officer and/or qualified arborist appointed
by the Mayor and Borough Council for the purpose of enforcing the
terms of this article.
An entity whose existence is recognized by law, including
but not limited to, any individual, partnership, corporation (for
profit, nonprofit, or municipal and its agencies), firm, association
or any combination of the foregoing.
Any undertaking whatsoever which would involve potential
damage to or which may result in the planned or unplanned removal
of regulated trees.
Any activity that results in cutting down completely or substantially
eliminating a living regulated tree within the Borough.
A plan developed in accordance with and conforming to the
provisions of this article which has been approved by the Enforcement
Officer.
A nursery-grown certified, balled and burlapped tree bearing
a durable label upon which the following is set forth: genus, species,
variety, watering and fertilization requirements.
A plan as defined by the Borough's Land Development Ordinance.[1]
Any living woody perennial plant having a trunk diameter
of at least four inches measured at 54 inches above the natural ground
level.
Land where no principal structure currently exists or where
the principal structure is demolished pursuant to a demolition permit.
A.
The terms and provisions of this article shall apply
to real property in all cases of vacant lots upon which new construction
will take place and or cases of demolition of existing principal structures.
Nothing contained herein is intended to restrict a property owner's
rights to remove trees on his own property where no building permit
for a new or replacement principal structure is sought.
B.
Unless specifically exempted herein, it shall be unlawful for any person to remove or cause to be removed any tree, under the circumstances set forth in Subsection A above, with the trunk diameter of four inches or more DPM (54 inches above the actual ground level) without first having obtained a tree removal project permit to do so as provided herein. Tree removal project permits shall be issued by the Enforcement Officer and/or his/her designee.
A.
Any person wishing to obtain a permit to remove one
or more trees or clear land as required under the provisions of this
section shall make application to the Enforcement Officer by filing
a written application and paying such fee as set forth in this article.
Where an application, as required by this section, has been submitted,
no permit shall be issued until a site plan, survey or plot plan of
the lot or parcel has been reviewed and a tree replacement plan has
been granted.
B.
Where an application is made in connection with the
construction of a new principal structure, no building permit shall
be issued until the tree removal project permit has been granted.
C.
The Borough Enforcement Official shall review the
application to determine whether such project complies with this article
and shall provide written notice to the applicant indicating one of
the following:
D.
The Borough Enforcement Officer shall make the foregoing
determination and prepare and furnish the foregoing notices within
20 days following submission of a completed application.
E.
Failure of the Enforcement Officer to make said determination
within such twenty-day period or within any extension of time granted
by the applicant shall constitute and have the same effect as an approval.
F.
Any proposed change in the approved project shall
be submitted to the Borough Enforcement Officer for approval in the
same manner as an original application for approval of a project.
G.
The applicant shall maintain a copy of the approved
project at the project location that shall be available for inspection.
A.
The tree is located in an area where a principal structure
will be placed according to an approved site plan and the tree cannot
be relocated on the site because of age, type or size of the tree.
B.
The tree is dead, diseased, injured, in danger of
falling, or is too close to the existing or proposed structure(s),
thereby creating an unsafe situation.
A.
Contents of tree removal project permit application:
(1)
The name and address of the owner of the land.
(2)
Description of the land in question including block
and lot numbers of the land as shown on the current tax map of the
Borough of Middlesex.
(3)
The purpose or reason for removing the tree(s).
(4)
The quantity, caliper, size and species of the tree(s)
to be removed. In the case of the removal of trees with a DPM greater
than 24 inches, the plan shall include an analysis of design or layout
alternatives.
(5)
The proposed dates for commencement and completion
of the project.
(6)
Name and address of the person having express charge,
supervision, and/or control of the proposed removal.
(8)
A statement granting permission to Borough officials
or their employees to enter the premises to survey and inspect the
project as work progresses.
(9)
A tree replacement plan that includes location, quantity,
caliper size and species of tree(s) to be replanted.
B.
Fees. An application for a tree removal project permit
shall be accompanied by an application fee of $100.
[Amended 8-10-2010 by Ord. No. 1779]
Within 10 days of receipt of a decision of the
Enforcement Officer, or his/her designee, which denies the approval
for the tree removal or otherwise destruction, the applicant may appeal
in writing to the governing body.
The Tree Replacement Plan shall consist of the
following:
A.
A site plan, survey or plot plan of one inch equals
20 feet or less, showing the location of existing trees and clearly
marked property boundaries. There shall be a list identifying the
number and species of trees inventoried. The site plan shall include
the lot and block numbers, the street address, if assigned, and a
certification that it complies with the requirements of this article.
B.
The locations on the lot where tree removal is to
take place.
C.
The total square footage of the lot.
D.
The total number by species of trees with a DPM of
four inches or greater on the lot.
E.
The total number by species of trees with a DPM of
four inches or greater which are to be removed.
F.
A planting detail for replacement trees.
G.
All specific plans for replacement of removed trees
shall be based on the following requirements:
(1)
The replacement tree shall be planted on the property
where the trees were removed or in a location designated by the Enforcement
Official.
(2)
Replacement trees, including the size and number of
trees, shall be planted in accordance with the following table.
|
Diameter of
Tree Removed
(inches dbh)
|
Number of 2 1/2 Inch Caliper Trees
to be Provided
|
Number of 4-Inch Caliper Trees to be Provided
| |
|---|---|---|---|
|
8 to 15 inches
|
4
|
2
| |
|
16 to 24 inches
|
6
|
3
| |
|
25 to 36 inches
|
8
|
5
| |
|
37 inches and over
|
15
|
8
|
|
If there is not enough land to accommodate the
replacement on site, the Borough will provide a location on public
property for the planting of said replacement trees.
|
The replacement value of all trees to be removed,
where replacement trees are required by this article, shall be calculated
as follows:
A.
Trees to be removed.
B.
Dead and diseased trees, as determined by the Borough
Enforcement Officer, shall not be included as trees to be replaced.
C.
The applicant may elect, in lieu of planting replacement trees, to pay to the municipality a sum of money as set forth in § 395-18 hereof for each tree required to be planted pursuant to this subsection for the purpose of planting shade trees elsewhere in the Borough. Said funds shall be deposited into the Tree Replacement Fund.
Where an applicant chooses to make a contribution to the Tree Replacement Fund in lieu of physically replacing the trees on said property as provided for in § 395-16C, the amount of said contribution shall be as set forth in § 395-18 of this article. The Tree Replacement Fund shall be in a separate fund with the dedicated purpose of tree replacement within the Borough of Middlesex.
[Amended 3-23-2021 by Ord. No. 2027]
The amount of contribution shall be determined by the size of
the tree that has been removed. If the tree that has been removed
has a diameter of less than 25 inches, the contribution shall be in
the amount of $400 per tree. If the tree that has been removed has
a diameter of 26 inches to 36 inches, the contribution shall be in
the amount of $500 per tree; and if the tree that has been removed
has a diameter of 37 inches or larger, the contribution shall be in
the amount of $900 per tree.
A.
In the event it is unknown how many trees were removed
from any given site, and removal took place without a tree removal
permit issued pursuant to this article, the number of trees requiring
mitigation shall be computed by assuming the 10 trees greater than
12 DPM, unless adequate proof is provided to the Borough Enforcement
Officer.
B.
Any person who violates, or who fails or refuses to
comply with the provision of this article, shall be liable to a penalty
of not less than $100 nor more than $1,500 for each tree removed.
