[HISTORY: Adopted by the Mayor and Council of the Borough of Haddon Heights 5-2-2000 by Ord. No. 1081 (Ch. 98A of the 1975 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Shade Tree Commission — See Ch. 90.
Brush, weeds and trees — See Ch. 138.
Town Forest — See Ch. 326, Art. II.
Maintenance of Streetscape Project Area — See Ch. 348, Art. II.
The intent of this chapter is to encourage the protection of the maximum number of healthy trees within the tree protection zone throughout the Borough, regardless of location. Protection of the Borough's tree cover mitigates air and water pollution, reduces energy consumption and preserves the overall quality of life for the residents of Haddon Heights. The intent is not punitive nor intended to cause hardship to any individual, private or public company who has taken reasonable care and diligence to protect the trees within the Borough of Haddon Heights.
As used herein, the following terms have the following meanings:
CROWN
The branches and foliage of a tree; the upper portion of the tree.
CTE
Certified tree expert licensed by the State of New Jersey.
LANDSCAPE ARCHITECT
A person registered as a landscape architect by the State of New Jersey.
QUALIFIED PROFESSIONAL FORESTER
A person who has a B.S. degree from a four-year school of forestry accredited by the Society of American Forests.
PERSON
Any individual, person, association, company, corporation, organization or entity of any kind.
TREE
Any woody perennial plant usually having one main stem or truck, a definitely formed crown and growing to a height of 10 feet or more.
TREE DIAMETER
The width of a tree measured 4 1/2 feet above ground.
TREE PROTECTION ZONE
Any publicly owned or publicly maintained property, sidewalk portion of the street right-of-way, utility easement or parking area.
TREE REMOVAL
Cut, break, climb with spikes, disturb the roots of or otherwise injure, or spray with herbicides which intend to damage, injure or kill or otherwise remove any living tree.
UNIMPROVED LOT
Any clearly defined piece of land, upon which no structure affixed to the land with a roof and intended for shelter, housing or enclosure has been constructed.
A. 
No person, directly or indirectly, shall, without first obtaining a permit as herein provided, remove or relocate to another site any tree within a protection zone.
B. 
No person shall plant any tree within the street right-of-way without first receiving an approval by the Shade Tree Commission as to species and location.
A. 
All persons desiring to remove, replace, relocate or otherwise destroy a tree in the tree protection zone and all applicants for a building permit, if issued, or in the case of a site plan application or subdivision application, shall submit a plan to the construction office before permits are issued or to the Planning or Zoning Board as part of the site plan or subdivision application shall submit a plan showing location of all existing trees by species, size and condition, and:
(1) 
Tree to be removed and trees to be maintained;
(2) 
Specifications for tree removal and for protection of existing trees during construction; and
(3) 
Grade changes or other work adjacent to the tree which could adversely affect the health of the tree.
B. 
All applications for tree removal or relocation within the tree protection zone shall be immediately referred to the Shade Tree Commission for its recommendation to the approving body or officer having jurisdiction. Failure on the part of the Shade Tree Commission to provide a recommendation within 30 days of the filing of the application, provided that the Shade Tree Commission receives the application at least 10 days in advance of a regularly scheduled meeting, shall be deemed a favorable recommendation by default.
All persons shall exercise care to protect trees from damage during construction without limitation. The following procedures shall be observed in order to protect remaining trees:
A. 
Protection from mechanical injury.
(1) 
All trees to be retained within 25 feet of a building site and lining entry and egress roads, parking areas and utility easements shall be protected from equipment damage by wrapping the trunk with sections of snow fence or boards wired together. All exposed roots, trunks and low hanging branches shall be equally protected.
(2) 
Heavy equipment shall be operated where possible so as not to damage existing tree trunks and roots. Feeder roots shall not be cut closer than 25 feet from tree trunks.
(3) 
The operation of heavy equipment over the tree root systems shall be eliminated in order to prevent soil compaction.
(4) 
Trees shall not be used for roping, cables, signs or fencing. Nails and spikes shall not be driven into trees.
(5) 
Every person having control over wire for transmission of electric current or fiber optic cables along public highways shall at all times guard all trees through which or near which wire passes against injury from wire or from electrical current.
(6) 
Every person having control over street and sewer construction or maintenance shall at all times protect trees, trunks and root systems from damage as indicated herein.
A. 
Where any person finds it impossible to retain existing tress in the protection zone, or any tree having a diameter of greater than six inches due to cutting, filling or other construction activity, the person shall mitigate the loss by replanting one inch of new tree diameter for every three inches of existing tree diameter removed. New trees shall have a minimum diameter of 1 1/2 inches. Tree planting stock shall be selected in accordance with the American Nurserymen's Association Standards. The Shade Tree Commission shall be consulted before any trees are planted.
B. 
No net loss. If tree loss cannot be mitigated upon the development site, new trees shall be planted within the Borough at the recommendation of the Shade Tree Commission to effect a no net loss of forest cover within the Borough of Haddon Heights.
C. 
All planting shall be done in accordance with the Haddon Heights Shade Tree Commission Guidelines and acceptable arboracultural practices.
Exceptions from this chapter shall be:
A. 
Any emergency circumstance where the Borough Arborist/CTE determines that the removal of a tree is necessary to protection of health, safety or property. Such determination is to be in writing and placed on file with the Shade Tree Commission.
B. 
Any tree cut or removed in accordance with a management plan filed with and approved by the New Jersey State Forester and Mayor and Council of the Borough of Haddon Heights.
C. 
Any tree to be removed near utility lines, provided that the reason for the tree removal is related to public safety.
D. 
Ordinary tree maintenance or trimming where related to health, safety or property of the Borough or the adjoining land owner.
A. 
Any person who shall violate any provision of this chapter shall be subject to a penalty of $100 to $2,000, or serve a period of community service for up to 90 days, or any combination thereof, for each offense.
[Amended 10-19-2004 by Ord. No. 1181; 6-19-2018 by Ord. No. 1451; 6-16-2020 by Ord. No. 1490]
B. 
Upon a finding of guilty for the violation of any of the provisions in this chapter and in addition to the foregoing penalty, the violator may be ordered to pay an amount equal to twice the current value of each tree determined by either an appraisal by a CTE or qualified professional forester or by a schedule which the Shade Tree Commission may hereafter adopt in accordance with the provisions of N.J.S.A. 40:64-12b. Payment shall be made to the custodian of funds for the Borough of Haddon Heights and shall be used for environmental programs such as tree planting, maintenance, park development, landscaping or other comparable projects as recommended by the Shade Tree Commission.
No provision of this chapter shall be construed to impair any common law or statutory cause of action or legal remedy therefrom for any violation of this chapter.