Borough of North Haledon, NJ
Passaic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of North Haledon 8-11-1982 by Ord. No. 8-1982 (Ch. 164 of the 1990 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 455.
[Amended 8-19-2009 by Ord. No. 23-2009]
The purpose of this chapter is to control and regulate indiscriminate and/or excessive removal, cutting and/or destruction of trees and to control, regulate and/or prevent conditions which cause increased surface drainage, sedimentation and/or soil erosion, cause decreased soil fertility and/or impair the stability and/or value of real estate, all of which conditions are and will in the future be a deterrent to public safety, health and welfare.
As used in this chapter, the following terms shall have the meanings indicated:
APPROVED PLAN
A tree removal plan or forestry management plan which has been approved by the Planning Board, Board of Adjustment, Construction Official or other Borough agency provided for in this chapter.
COMMUNITY BUILDINGS
Schools, churches, clubs, lodges or any such building used by any organized group or by the public generally.
FORESTRY MANAGEMENT PLAN
A plan of forestry management prepared by the New Jersey Bureau of Forest Management or a consultant forester who is a graduate of a school of forestry accredited by the Society of American Foresters.
PREFERRED TREES
Trees recommended by the Bureau of Forest Management as best adapted to the climate, soil and topography of the Borough of North Haledon. A list of such trees shall be kept on file for the use and guidance of persons presenting plans for tree planting.
TREE
Any woody perennial plant having a diameter greater than four inches, measured at a point 4 1/2 feet above the ground, diameter at breast height.
TREE FARM
A tract of woodland, 10 acres or more, dedicated by its owner to the growing and harvesting of forest crops and certified by the American Tree Farm System through the New Jersey Tree Farm Committee.
TREE REMOVAL PLAN
A plan of tree removal and/or planting prepared by the New Jersey Bureau of Forest Management, a forestry consultant who is a graduate of a forestry school accredited by the Society of American Foresters, a landscape architect or similarly qualified person. On property of less than four acres, this plan may be prepared by the property owner.
No person shall cut or remove any tree upon any land within the Borough of North Haledon unless such removal is done in accordance with the regulations and provisions of this chapter.
A. 
A tree removal plan shall be filed with every application before the Planning Board or Board of Adjustment for approval of a subdivision, resubdivision, site plan, conditional use or zoning variance or prior to any other development requiring tree removal or planting, except as otherwise provided in this section or § 570-5.
B. 
Where preliminary approval of a subdivision, resubdivision, site plan or planned development has been granted, a tree removal plan must be submitted to the Planning Board, incidental with filing for final approval. Nothing in this requirement shall abrogate any vested subdivision rights acquired by preliminary approval.
C. 
When final approval of a subdivision, resubdivision or planned development has been granted by the Planning Board or Board of Adjustment but where tree removal has not yet been undertaken on the subject property, a tree removal plan shall be filed with the relevant Board within 60 days of the passage of this chapter. Nothing in this requirement shall abrogate any vested subdivision rights acquired by final approval.
D. 
Where a lot or tract is proposed to be developed for use as a single-family residence and the property is not covered by an approved plan through the operation of Subsection A above, the owner must develop the lot in compliance with said approved plan.
E. 
Where a lot or tract is proposed to be developed for use as a single-family residence and the property is not covered by an approved plan through the operation of Subsection A above, the owner must submit a tree removal plan for approval. Plans for lots of less than one acre must be submitted to the Construction Official. All others must be submitted to the Planning Board.
F. 
No building permit shall be issued for the construction of any residential, commercial, industrial, recreational or community buildings or accessory buildings unless and until the developer, builder or owner files with the Construction Official a tree removal plan and obtains approval thereof or submits a plan previously approved by the Board.
G. 
No certificate of occupancy shall be issued unless tree removal has been in accordance with the approved plan and all trees required to be planted have been planted in accordance with the approval plan or a bond guaranteeing that planting has been posted with the Borough Clerk. The bond shall be in the principal sum of $100 per tree involved. Posting of a bond may be waived for applicants applying to the Construction Official under Subsection E above.
H. 
A forestry management plan or tree removal plan shall be filed with the Planning Board for removal of more than five trees per year on tracts in excess of two acres or more than 10 trees per acre on tracts in excess of five acres.
Under this section, the following trees may be removed without filing a plan:
A. 
Any tree located on a tract of land up to one acre in size on which a single-family residence has already been erected and for which a valid certificate of occupancy has been issued. The tree removal must be authorized by the owner, in writing, if done by someone other than the owner.
B. 
Any tree which is part of a nursery, garden or orchard, provided that the subject area is being actively used as a commercial nursery, garden or orchard and is not a component part of a subdivision or development for building purposes.
C. 
Any tree which is part of a cemetery.
D. 
Trees directed to be removed by municipal, county or state authority pursuant to law.
E. 
Any dead or diseased tree or any tree that endangers life or property.
F. 
Trees cut as part of the operation of a tree farm, according to a forestry management plan. Owners of property subject to such a program must file with the Planning Board so stating, signed by the forester developing the plan.
G. 
Trees removed in the development of ponds or lakes when supervised by the Natural Resources Conservation Service and/or the Federal or State Forestry Service. Owners of property subject to such a program must file with the Planning Board a letter so stating, signed by the appropriate supervising agency.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
H. 
Trees removed in conjunction with the clearing of land which is actively devoted to agricultural and horticultural uses.
Every plan submitted for approval shall be in the form of a map and exhibits showing:
A. 
The Tax Map, lot and block number.
B. 
The area of the tract.
C. 
The location of trees or wooded area.
D. 
The number of trees or percent of stocking (trees per acre).
E. 
The species involved.
F. 
The general slope and topography, taken from a recognized map of such features.
G. 
The location of streams and wetlands.
H. 
A map of locations and surrounding properties showing wooded areas.
I. 
A list of trees to be planted, preferably selected from preferred species.
J. 
A tree removal plan and tree planting plan in relation to principal and accessory buildings and septic systems, roads and driveways, parking lots, garden areas, etc., showing also the relation to survey stakes.
K. 
The location of buildings.
L. 
The location of roads, driveways, parking lots, staging areas, recreation areas and garden areas.
M. 
A grading plan.
N. 
A schedule for tree removal and planting.
O. 
A provision for removal of excess stumps and branches from the property.
Every forestry management plan submitted for approval shall include the following:
A. 
The Tax Map, lot and block number.
B. 
The area of the tract.
C. 
The location of trees or wooded area.
D. 
The species involved.
E. 
A map showing number of trees to be harvested, locations of proposed loading dock, staging areas, area to be harvested and streams with crossings.
F. 
A schedule for tree removal and planting.
A. 
Trees on a proposed building site or within 30 feet around a building site may be removed but not to exceed sideline and setback requirements.
B. 
Trees may be removed where the proposed paved portion of a parking area is planned. In off-street parking areas, other than for a single residential dwelling, islands of trees must be left in the manner provided for by Chapter 530, Subdivision of Land. No paving of any impervious nature shall be placed around the base of the trunk of the tree within 10 feet, and the grade shall be such that drainage of rainwater will keep the root area watered without pooling or exceeding the requirements of the species. Excess water shall be admitted to dry wells or storm sewers on the parking lot or drained by acceptable means.
C. 
Trees may be removed in private rights-of-way and driveways within 10 feet of each side of the planned paved area. Alignment of the driveways should be planned to save as many trees as possible.
D. 
If no area other than a wooded area or area with trees can be found to accommodate the sewerage system and disposal field meeting the approval of the Sanitary Inspector, necessary tree removal shall be permitted.
E. 
Where more than three inches of fill is required around trees, the trees must be protected by an air well six feet in diameter or as needed around the trunk to prevent the intrusion of soil. Tile pipe must radiate like spokes from the well to provide oxygen to the roots. The top of the well must extend six inches above the graded level. If the tree is of a species that will eventually die due to root disturbance or change in drainage or the owner prefers to remove the tree, it may be removed and replaced with another tree from the preferred trees in another or the same area after the fill has stabilized.
F. 
Any grading must protect standing trees from machine operation, soil storage or material storage by a distance equal to or greater than the dripline of the tree. Any tree damaged must be replaced.
G. 
Any tree used in a required planting or to replace a damaged tree must be at least 2 1/2 inches in diameter measured 4 1/2 feet from the ground (diameter at breast height) and must be nursery stock, balled and burlaped.
H. 
A buffer zone of trees and shrubs shall be established according to the requirements of Chapter 490, Site Plan Review, and Chapter 530, Subdivision of Land.
I. 
Commercial development, industrial development and other development approved by the Borough Council shall consider the use of treeless areas, if possible, for building sites. If it is necessary to develop wooded areas or remove trees for proposed building sites in the case of such developments, the Planning Board and/or Construction Official may require tree planting in treeless areas, if feasible.
J. 
Trees in the area between the street line and the setback line of the buildings shall be preserved to the greatest extent possible.
K. 
Tree removal from any slope or environmentally sensitive area is prohibited if it will contribute, in the opinion of the Planning Board, the Construction Official or the Borough Engineer, to extra runoff of surface water onto adjoining property and erosion and silting, unless other means approved by the Passaic County Soil Conservation District are provided to prevent runoff and erosion.
L. 
No tree removal is permitted that will expose vacant land, backs of existing billboards, utility substations, transmission towers, warehouses, junkyards, landfill operations and other similar structures or operations, except where trees are dead or diseased and/or endanger life or property. However, vacant land may be exposed if it is necessary to remove trees for building sites or sewerage sites and more aesthetic values are established.
M. 
No healthy tree that is special by virtue of history, unusual size or age or of a rare species shall be removed, except as may be required for the protection of health, safety or public welfare.
N. 
No trees on public rights-of-way, parks or public areas are to be removed by private individuals or utilities, except as approved by the Construction Official or other officer designated by the Council. The removal of trees shall not be permitted from the Master Plan road right-of-way unless trees are dead or diseased or endanger life or property or a letter of approval is obtained from the Borough Council or Borough Engineer.
O. 
Trees may be removed to clear for soil removal or landfill, provided that the same amount of wooded area or the same number of trees are replaced according to an approved plan. If the finished operation is planned to be used for other development, the replacement of trees shall be a part of the subdivision plan or a site plan submitted for approval by the Planning Board.
P. 
Unless proven necessary, staging areas shall not be closer than 150 feet to any public road center. "Necessary" means that no other area is available due to topography, soil conditions or unfavorable effect on the woodlot as certified by the consulting forester. Loading of trucks is permitted at the roadside, and a loading area must be constructed off the roadway where possible. After the cutting operation is complete, any road modifications and changes in the right-of-way must be restored.
A. 
No permits are required in connection with obtaining an approved plan.
B. 
All applicants for an approved tree removal plan shall pay the applicable fees to the Borough Clerk, as provided in Chapter 275, Fees.
[Amended 5-9-1990 by Ord. No. 5-1990]
C. 
The owner or applicant shall reimburse the Borough for all costs of expert advice and technical assistance obtained in connection with this application for an approved plan which may exceed the fee schedule.
A. 
The Borough Engineer shall be the enforcing officer for all plans approved by the Planning Board or the Board of Adjustment.
B. 
The Construction Official shall be the approving and enforcing officer for all plans approved under § 570-4E, in conjunction with the Bureau of Forest Management.
C. 
The Construction Official or the Borough Engineer may, on his/her own initiative or on complaint of any individual, take action to assure compliance with this chapter.
D. 
The Construction Official or the Borough Engineer have approved authority as herein provided and may request expert assistance.
Any person aggrieved by the decision of any officer, board or body may, pursuant to the provisions of this chapter, within 10 days of receipt of such decision, appeal to the Borough Council. Such appeal shall be taken by filing a written notice of appeal with the Borough Clerk, which notice of appeal shall set forth with particularity the action appealed from. The Borough Council shall set a time for the hearing of said appeal and, after a hearing has been held thereon, may reverse, modify or affirm the decision appealed from.
[Amended 5-9-1990 by Ord. No. 5-1990[1]]
Any person violating any of the provisions of this chapter shall be punishable as provided in Chapter 1, General Provisions, Article II, General Penalty. If the violation is of a continuing nature, each day which it continues shall constitute an additional, separate and distinct offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).