[HISTORY: Adopted by the Borough Council of the Borough of
Hillsdale 9-14-2021 by Ord. No. 21-13. Amendments noted where applicable.]
The purpose of this chapter is:
A.
To preserve and protect trees within the Borough, which helps to
preserve water quality, abate noise, and enhance the ambience and
character of the community.
B.
To protect the character and natural resources of the Borough, consistent
with the goals and objectives of the Master Plan. This chapter is
not intended to restrict homeowners from removing dead, diseased,
or hazardous trees. It is not intended to restrict homeowners from
conducting routine pruning of trees or other maintenance procedures.
C.
To provide for a process whereby homeowners can remove and plant
trees at their discretion in a responsible manner consistent with
their rights as land owners and with the Borough's Master Plan.
As used in this chapter, the following terms shall have the
meaning as set forth below:
The unit of measurement (measured in inches), used to describe,
the diameter of a tree trunk, for example, "five-inch caliper."
The diameter of a tree measured 4 1/2 feet above ground
level on the downhill side for existing trees. Trees utilized in the
replacement of existing trees or proposed as a part of a landscape
plan shall be measured 12 inches above ground level for trees with
a four-inch caliper or less.
The Borough-appointed commission established for the protection,
development and use of natural resources, including water resources,
located within the territorial limits of the Borough.
Any individual, person, corporation, association, entity
or utility.
Any tree located on lands privately owned within the Borough
of Hillsdale.
Any property owned by the Borough of Hillsdale such as public
right-of-ways or easements intended for the benefit of the Borough
of Hillsdale.
Any tree located on lands owned or controlled by the Borough,
or by any other governmental body, or located within a public right-of-way
or easement. This definition is intended to be interchangeable with
the definition of "street 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.
A woody plant that is never tree-like in habit and produces
branches or shoots from or near the base.
An imaginary triangle drawn by connecting lines 25 feet from
the intersection of any two roadways, and a third line within the
corner property, free of vegetation above 2 1/2 feet to maintain
a clear line of vision for vehicular, bicycle and pedestrian safety.
The botanical or common name of the tree.
Any tree located on lands owned or controlled by the Borough,
or by any other governmental body, or located within a public right-of-way
or easement. This definition is intended to be interchangeable with
the definition of "public tree."
Any live, woody plant having a diameter or width greater
than six inches and/or a 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 the aggregate of the circumferences
shall be used in determining whether the plant is a tree.
An individual trained and certified in the science of planting,
caring for, and maintaining trees, retained by the Borough of Hillsdale
for that purpose either as an employee or on an as-needed basis.
A tree restitution fund held in escrow and administered by
the Borough specifically for the acquisition and planting of trees
in the Borough, that is contributed to by land developers where on-site
tree restitution could not be reasonably achieved.
The regulation of shade trees, street trees, and public trees
shall be the jurisdiction of the Mayor and Council, who shall obtain
recommendations from a tree arborist and the Environmental Commission,
and who shall direct the DPW when any action, pursuant to this chapter
is determined to be necessary to:
A.
Control the planting, care and protection of such trees.
B.
Regulate the use of the grounds surrounding such trees as far as
may be necessary to ensure their proper growth, care and protection.
C.
Regulate the removal of such trees or parts thereof which are deemed
to be dangerous to public safety, electric power, gas lines, water
lines, or other public improvements, or which harbor a disease or
infestation readily communicable to neighboring healthy trees, or
for any reason in the exercise of a reasonable discretion, and within
the purpose of this chapter.
D.
Require the removal of, or remove, dead trees.
E.
Prune such trees according to accepted technical methods used by
qualified arborists, including measures to prevent the spread of disease.
F.
Maintenance of public right-of-way trees to include pruning, cable
support, and removal where public safety hazards exist.
G.
Use tree bank funds for ongoing maintenance of Borough public trees,
to include, but not limited to pruning, removal, watering, cable support,
disease/pest infestation prevention and treatment.
No person shall do, or cause to be done by others, either purposely,
carelessly or negligently, upon private or public property within
the Borough of Hillsdale, any of the following acts:
A.
Cutting, destroying or damaging any tree, except as provided for
in this chapter.
B.
Topping of public trees, defined as the severe cutting back of limbs
to stubs larger than three inches in diameter within the tree's
crown to such a degree as to remove the normal canopy and disfigure
the tree.
C.
Plant any bush, tree, hedge, shrub or other plant life, except trees
and grass within the sidewalk area of any street without first having
acquired the opinion and consent of the DPW.
D.
Plant any shade or ornamental tree within five feet of a sidewalk
or between the sidewalk and a street without first having obtained
the approval by the DPW Superintendent.
E.
Plant or permit to be planted, any poplar or willow tree within 50
feet of any street line or sanitary or storm sewer line.
F.
Attach any sign by nailing, stapling or use of other hardware which
penetrates the bark of any tree located within public right-of-way.
G.
Trim, remove or cut down any street tree or public tree without an
approved request form issued by the DPW.
H.
Placing or maintaining upon the ground anything which will impede
the tree's free access to air and water to the tree's living
components. This will not limit the ability to construct improvements
on any property.
I.
Applying any substance to any part of a tree, including the roots,
with the intention to injure or destroy the tree.
J.
Planting of any tree or shrub within the sight triangle of any two
intersecting roads within the Borough.
K.
Failing to maintain trees, bushes, shrubs, buffer strips, and other
landscaping and conditions imposed as part of site plan or subdivision
approval without application and approval by a board of appropriate
jurisdiction.
Notwithstanding the restrictions contained herein, the following
activities shall be permitted:
A.
The removal of not more than three trees per calendar year on any
approved or existing building lot, as shown on the current Tax Assessment
Map of the Borough.
B.
The removal of trees in accordance with a site plan or subdivision
plan approved by the Planning Board or a plot plan submitted for a
soil movement permit approved by the Building Department, 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 for property that is not located in a floodplain. All
replacement trees under this chapter shall be suitable in the discretion
of the Planning Board or Board Attorney with the input of the Environmental
Commission, if deemed necessary
(1)
Floodplains are identified by largest areas shown as either the 100-year
flood hazard area on the New Jersey Department of Environmental Protection
flood delineation maps or as the special flood hazard area per the
100-year flood on the Flood Insurance Rate Map (FIRM) prepared by
the Federal Emergency Management Agency.
(2)
For those properties located within either 100-year floodplain, the
ratio for tree replacement shall be four replaced trees for each tree
removed from property that is within a 100-year floodplain.
(3)
The Mayor and Council may, if they desire, obtain recommendations
for approval by the Hillsdale Environmental Commission and the Borough
Engineer regarding replacement trees.
(4)
The following replacement methodology shall be used subject to the
recommendations of the Borough Engineer and the DPW, if requested.
(a)
The first location for replanting shall be on the same property
from which the tree was removed.
(b)
The second location for replanting shall be on a different 100-year
floodplain property within the Borough of Hillsdale.
(c)
The third location for replanting shall be on public property
within the Borough of Hillsdale.
(d)
If a suitable replanting site cannot be determined, payment
to the tree bank shall be made as described elsewhere herein.
C.
The cutting, trimming or maintenance of trees in a manner which is
not harmful to the health of the tree.
D.
To assure the removal of street trees which are diseased, dead, or
partially or completely fallen by acts of nature or which endanger
public safety.
(1)
Removal request procedure. Residents shall submit an emailed request,
through the Hillsdale website Public Works DPW tab: "Report a Problem
to DPW" link. The Environmental Commission and/or its designated representative,
if requested by the DPW, will review the request, conduct a visit,
and respond to the DPW within 10 business days, citing whether a new
tree should be permitted, and shall suggest tree species, and appropriate
location.
E.
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. If replacement is not possible,
the applicant shall make the appropriate contribution to the tree
bank.
F.
To direct activities involving tree trimming or removal located within
a public right-of-way or easement, or publicly owned or controlled
property, so long as the Borough of Hillsdale is in responsible charge
of the activities.
G.
Street tree planting requests (within the public right-of-way) by
private homeowners, may be permitted upon request, review and approval
by the DPW. An underground public utility location mark-out is required
prior to planting.
(1)
Planting request procedure. Residents shall submit an emailed request,
through the Hillsdale website Public works DPW tab: "Report a Problem
to DPW" link. The DPW Superintendent shall inform the Borough Administrator
of the resident's desire to plant a tree in the right-of-way.
The Administrator shall provide permission for such planting in his
discretion.
H.
Any tree species that are designated as being invasive by the Environmental
Commission may be removed from private property without formal application
to the Borough and will not be counted towards any limitation placed
on the number and frequency of tree removals on private property.
The following exceptions shall apply:
A.
The Planning Board may waive the replacement planting requirements
either in number, species or replacement size or grant exceptions
from the requirements of this chapter, as may be reasonable and within
the purposes and intent of this chapter. The Planning Board shall
consider if the literal enforcement of one or more provisions is impracticable
or will exact an undue hardship due to the peculiar conditions pertaining
to the property in question. The form of application will be the same
as required pursuant to the Site Plan Review Ordinance.
B.
Where the Environmental Commission and Borough Engineer deem it acceptable
and make such recommendation to the land use board or Construction
Department, the number of trees for restitution may be reduced in
quantity if replacement caliper sizes are increased based on the methodology
found in the current New Jersey No Net Loss Reforestation Act "Caliper
Tree Substitution Size" list for the various types of trees.
B.
Standards for replanted trees.
(1)
Replanted trees shall be at least 2 1/2 inches in diameter caliper,
measured at breast height, and must be nursery stock, balled in burlap
and staked upon planting per Borough standards provided by the Borough
Engineer or the New Jersey Department of Environmental Protection,
Division of Parks and Forestry, New Jersey Forestry Services, as detailed
in the most recent Program Guidelines. Trees for reforestation shall
be indigenous to the site from which trees have been removed, consistent
with the species found and/or being considered for removal. The Planning
Board may also consult with the Environmental Commission in the selection
of replacement trees.
(2)
Replanted trees for restitution shall not include trees required
for visual buffers, foundation plantings, or ornamental trees. Tree
size substitutions and species shall be in conformance with the New
Jersey No Net Reforestation Act (N.J.S.A. 13:1L-14.1 et seq.) Program
Guidelines, current edition, and the recommendations made by the Hillsdale
Environmental Commission.
C.
The location of site plan or subdivision approved 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 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)
When a suitable relocation site is not available for replanting or
relocation of a tree, a payment to the tree bank shall be made as
described elsewhere herein.
D.
Replanted trees on private property shall be watered and maintained
by the property owner. Replanted trees on public property shall be
watered and maintained by adjoining property owners to the greatest
extent possible.
E.
The chapter shall apply to tree service companies and they shall
also be liable for penalties described in herein.
Landscaped buffers, landscape plantings, and replacement trees
that are part of an approved site plan, subdivision, soil movement
permit, or plot plan shall remain in effect and be maintained in perpetuity.
Conditions of approvals requiring such buffers and/or landscape plantings
shall be binding upon all subsequent property owners of the lands
upon which the approvals were granted. Any alteration of such improvements
must be approved by the appropriate land use board or municipal official
referenced under this chapter.
The Borough Zoning Officer or his/her designee is designated
as the enforcing agent for this chapter. Upon review of as-built plans
or site inspection of any development application or soil movement
activity, the Borough Engineer shall inform the Zoning Officer of
any trees removed in excess of those called for removal in the Planning
Board's approval.
This chapter shall be administered and enforced by the Borough
Zoning Official.
A.
Any person violating any provision of this chapter shall, upon conviction
thereof, be punishable by a fine not exceeding $1,000 per offense.
The cutting, destruction or removal of each tree shall constitute
a separate offense.
B.
If a tree(s) is/are cut, destroyed, or removed in conjunction with
any land use for any reason, in conjunction with any land use, development
or programmed soil movement activity in excess of the specified number
of trees which were approved for removal by the Planning Board, restitution
shall be made by the applicant in accordance with the following schedule:
|
Diameter of Tree Removed
(inches)
|
Number of 2.5-Inch-Caliper Trees to be Provided
|
|---|---|
|
8 to 15
|
6
|
|
16 to 24
|
10
|
|
25 to 36
|
15
|
|
37 and over
|
20
|
C.
Fee calculation schedule, for the tree fund payment value of a standard
2 1/2-to three-inch caliper replacement tree, shall be set forth
by the Borough Administrator, after first obtaining a recommendation
by a tree arborist and taking into account the actual cost of the
replacement tree and its planting.
