City of Englewood, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Englewood as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Environmental Commission — See Ch. 8, Art. II.
Removal of dead and dying trees — See Ch. 129, Art. I.
Trees damaged during moving of buildings — See Ch. 140.
Site plan review — See Ch. 250, Art. VI, § 250-36.
[Adopted 10-5-1978 by Ord. No. 2335 as §§ 15-1, 15-33 to 15-36 of the 1978 Revised General Ordinances]

§ 425-1 Permit required for certain actions.

No person shall do or cause to be done any of the following acts upon a street or public highway within the City without first obtaining a permit therefor from the City Engineer:
A. 
Cut, trim, break, climb with spikes, disturb the roots of or otherwise injure or spray with any chemical any tree or shrub; remove any living shrub; injure, misuse or remove any structures or device placed to support or protect any tree or shrub.
B. 
Plant any tree or shrub.
C. 
Fasten any rope, wire, electric attachment, sign or other device to a tree or shrub or to any guard about a tree or shrub.
D. 
Close or obstruct any open space provided about the base of a tree or shrub to permit the access of air, water or fertilizer to the roots of thereof.
E. 
Pile any building material or install any mortar or cement within six feet of a tree or shrub.

§ 425-2 Conditions for issuance of permit.

No such permit shall be issued unless such requested action is necessary for properly authorized construction or other work and unless the City Engineer is satisfied that there is no other reasonable method of accomplishing same and that all precautions have been taken to minimize any potential damage or injury to trees or shrubs and that there will be no resultant damage to sidewalks or streets.

§ 425-3 Electric wires.

Every person having control over any wire for the transmission of electric current along a public highway shall at all times guard the trees through which or near which such wire passes against any injury from the wire or from the electric current carried by it.

§ 425-4 Injurious substances prohibited.

No person shall permit any brine, gas or injurious chemical to come in contact with the stem or roots of any tree or shrub upon any street or highway.

§ 425-5 Violations and penalties.

[Amended 2-6-1990 by Ord. No. 90-02]
A. 
Any person who violates any provision of this article shall upon conviction thereof be punished by a fine not exceeding $1,000 or by imprisonment for a term not exceeding 90 days, or both.
B. 
A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
[Adopted 12-19-1995 by Ord. No. 95-22; amended in its entirety 12-19-2000 by Ord. No. 00-24]

§ 425-6 Purpose.

A. 
The City Council of Englewood has determined that it is necessary to maintain the City's tree stock so as to preserve the quality of life in Englewood because of its important role in maintaining the mature tree inventory, as well as preventing soil erosion and controlling drainage.
B. 
this article preserves and perpetuates the City's tree stock through providing regulatory control over removal of trees which have attained a specific minimum size and to provide for orderly replacement plans by property owners or their agents.

§ 425-7 Definitions.

For the purposes of this article, the below terms have the following defined meanings:
BALLED AND BURLAPPED (B & B)
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.
DIAMETER AT POINT OF MEASUREMENT or DPM
The diameter of a tree measured at a point on the trees six inches from ground level on the downhill side.
EMERGENCY REMOVAL
A 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 imminent hazard to the public's safety. Such determination shall be made by a certified arborist or City official as authorized by the City Manager. Emergency removals shall be authorized by the City Engineer prior to a permit; however, a permit and replacement plan shall be required within seven days of removal. If a permit application is not received within seven days of removal, the City may take the enforcement steps in this article.
[Amended 2-25-2014 by Ord. No. 14-04A]
PROJECT
Any undertaking whatsoever which would involve potential damage to or which may result in the planned or unplanned removal of regulated trees. Such projects shall include, but not be limited to, new construction, modifications of existing structures, grade modification and drainage improvement works, except for those exempted in § 425-13 of this article.
REGULATED TREE
A deciduous or coniferous tree which has attained at least 30 feet in height or a DPM of at least eight inches prior to any pruning, limb removal or other such activity.
REMOVAL
Any activity which results in cutting down completely or substantially eliminating a living regulated tree from the City's tree stock.
REMOVAL PERIOD
A period of time consisting of 365 consecutive days after a permit is issued for a project which is regulated by this article.
[Amended 2-25-2014 by Ord. No. 14-04A]
REPLACEMENT PLAN
A plan developed in accordance with and conforming to the provisions of this article which has been approved by the City Engineer.
REPLACEMENT TREE
A nursery-grown certified, balled and burlapped tree bearing a durable label upon which the following data is set forth: genus, species, variety, watering and fertilization requirements.
SITE PLAN
A plan as defined by Chapter 250, Land Use, of the Code of the City of Englewood.

§ 425-8 Cutting or removal restricted.

[Amended 2-25-2014 by Ord. No. 14-04A]
With the exception of the exemptions set forth in § 425-13 of this article, no person shall cut or remove, or cause to be cut or removed, the third tree within a three-year period upon any lands within the City of Englewood, unless cutting or removal is performed in strict accordance with the provisions of this article.

§ 425-9 Project permit required.

[Amended 2-25-2014 by Ord. No. 14-04A]
A project permit is required for the removal of three or more regulated trees within a three-year period upon any land within the City of Englewood.

§ 425-10 Project permit application process.

A. 
Project permit application submission. A tree removal project permit shall be submitted to the City Engineer.
B. 
Application contents. An application for applying for and issuing a tree removal project permit shall consisting of the following:
(1) 
The name and address of the owner of the land;
(2) 
The description of the lands in question, including the lot and block numbers of the land as shown on the current Tax Map of the City of Englewood;
(3) 
The purpose or reason for removing the tree(s);
(4) 
The quantity, caliper size and species of tree(s) to be removed;
(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 of tree(s);
(7) 
A written statement of plans for the proposed replanting of trees as required herein;
(8) 
A statement granting permission to City officials or their employees to enter the premises and make surveys and inspections as the work progresses; and
(9) 
A tree replacement plan that includes quantity, caliper size and species of tree(s) to be replanted.
C. 
The City Engineer 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 determinations:
(1) 
The project permit is granted; or
(2) 
The project permit is granted subject to prescribed conditions attached to such notice; or
(3) 
The project permit is denied, in which event the written notice shall state the reasons for such denial.
D. 
The City Engineer shall make the foregoing determination and prepare and furnish the foregoing notices within 30 calendar days following submission of a completed application.
E. 
Failure of the City Engineer to make said determination within such thirty-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 City Engineer 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 which shall be available for inspection.

§ 425-11 Tree replacement plan.

A. 
A tree replacement plan shall consist of the following:
(1) 
A site plan, on a scale of one inch equals 30 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 of compliance with the requirements of this article.
(2) 
Locations of streams and other watercourses.
(3) 
Locations of slopes of greater than 10% where any tree removal is proposed.
(4) 
The location(s) on the tract where tree removal is to take place.
(5) 
The total acreage of the tract.
(6) 
The total number, by species, of existing trees with a DPM of eight inches or greater on the tract.
(7) 
The total number, by species, of trees with a DPM of eight inches or greater which are to be removed.
B. 
All specific plans for replacement of removed trees shall be based on the following requirements:
(1) 
The replacement trees shall be planted on the property where the trees were removed or in a location designated by the City Engineer.
(2) 
The species of trees that are to be replaced shall be approved by the City Engineer in consultation with the Environmental Commission.
(3) 
Replacement trees, including the size and number of trees, shall be planted in accordance with the following table:
[Amended 2-25-2014 by Ord. No. 14-04A]
Size of Tree Removed
(inches DPM)
Number of Replacement Trees With a DPM of at Least 3 1/2 Inches
8 but less than 12 inches
1
12 but less than 18 inches
2
18 but less than 24 inches
3
24 but less than 36 inches
4
36 or greater
To be determined in consultation with the City Engineer after consideration of the project, but in any event, not less than 6

§ 425-12 Contribution to Tree Fund in lieu of planting.

[Amended 2-25-2014 by Ord. No. 14-04A]
In certain circumstances, the City Engineer may authorize a contribution to the City's Environmental Commission Tree Fund in lieu of planting replacement trees on site where he determines that the purposes of this article would be furthered thereby. Such contribution shall bear a reasonable relationship to the cost of planting trees which would otherwise be required under § 425-11 of this article, but in no case shall it be less than $250 per required replacement.

§ 425-13 Exemptions.

The following shall be exempt from the requirements of this article:
A. 
Commercial nurseries.
B. 
Pruning within the right-of-way by utility companies for maintenance of utility wires or pipelines. The utility company shall notify the City Engineer prior to commencing such work.
C. 
Trees that are deemed to be removed by the City that are on or over a public right-of-way.
D. 
Public parklands owned by the City of Englewood or Flat Rock Brook Nature Center.
E. 
Trees that are removed as part of a project which is subject to Planning Board site plan approval.
F. 
Any projects that have received building permits prior to enactment of this article.
G. 
Trees that are deemed to be removed as part of a municipal project.[1]
[1]
Editor’s Note: Former Subsection H, regarding emergency removals, which immediately followed this subsection, was repealed 2-25-2014 by Ord. No. 14-04A.

§ 425-14 Restrictions in minimum planting areas.

No permit shall be issued for the removal of any tree within the minimum planting areas set forth in Chapter 250, Land Use, of the Code of the City of Englewood unless the City Engineer determines that such removal is necessary.

§ 425-15 Fees.

An application for a tree removal permit shall be accompanied by the required fee as set forth below:
A. 
Permit for each tree removal: as provided for in Chapter 191, Fee Schedule.
[Amended 4-24-2012 by Ord. No. 12-14]
B. 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection B, regarding projects involving ½ acre of land or less, as amended, was repealed 2-25-2014 by Ord. No. 14-04A.
C. 
An escrow shall be established in the amount of $250 per replacement tree which shall be retained until the tree replacement plan is completed. Engineering review fees in connection with the implementation of a tree replacement plan shall be paid from the escrow at the rate established for engineering review fees in connection with site plan approval. In addition, in the event the tree replacement plan is not completed within the time specified by the City Engineer, the City may use such escrow to complete the tree replacement plan or, in lieu thereof, deposit said escrow in the Tree Replacement Fund. Upon completion of the tree replacement plan, the balance remaining in said escrow after payment of the foregoing fees, if any, shall be returned to the applicant.
[Amended 2-25-2014 by Ord. No. 14-04A]

§ 425-16 Violations and penalties.

[Amended 8-19-2008 by Ord. No. 08-21]
Any person, including but not limited to owners, tenants, operators, and their agents or representatives, who violates any provisions of this article shall be liable for a fine not to exceed $1,000 per tree over the permitted number of trees or imprisonment for a term not in excess of 90 days, or both.

§ 425-17 Appeal process.

[Added 2-25-2014 by Ord. No. 14-04A]
Appeal of a decision by the City Engineer:
A. 
In the event that an applicant does not agree with either the rejection of an application or the conditions imposed by the City Engineer, the applicant may present an appeal to the City Manager, who at his discretion may request assistance from a representative of the Englewood Environmental Commission. The City Manager will render a decision within 30 days of the submittal.