[HISTORY: Adopted by the Mayor and Council
of the Borough of South Plainfield 7-16-1992 by Ord. No. 1259 (Ch.
185 of the 1982 Code). Amendments noted where applicable.]
It is the intent of this chapter to promote
the general welfare of the residents of the Borough of South Plainfield
by providing for the protection, regulation, planting and cutting
of trees in such a way as to protect and preserve the environment.
The governing body of the Borough of South Plainfield
does find that the indiscriminate, uncontrolled and excessive destruction,
removal and cutting of trees upon lots and tracts of land within the
Borough has resulted in creating increased water runoff, soil erosion,
stream channel sedimentation and consequent flooding, depression of
the water table, noise pollution and dust and decreased soil fertility,
air quality, climate moderation, wildlife habitat and property values,
with the result that there has been and will continue to be further
deterioration affecting the health, safety and general well-being
of the residents of the Borough of South Plainfield.
As used in this chapter, the following terms
will have the meanings indicated:
The diameter of a tree measured at a point on the tree 4 1/2
feet from ground level.
Any individual, firm, partnership, association or corporation.
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing state, county or municipal roadway
or which is shown upon a plat heretofore approved pursuant to law
or which is approved by official action as provided by the Municipal
Land Use Law (N.J.S.A. 40:55D-1 et seq.) or which is shown on a plat
duly filed and recorded in the office of the County Recording Officer
prior to the appointment of a Planning Board and the grant to such
Board of the power to review plats, and includes the land between
the street lines, whether improved or unimproved, and may comprise
pavement, shoulders, gutters, curbs, sidewalks, parking areas and
other areas within the street lines.
Native or volunteered woody plant with multiple stems having
a root crown (the diameter of the trunk just prior to its spreading
into roots) of three inches or greater at the soil or surface level.
Any lot, tract, parcel or parcels of land within the Borough.
Any deciduous or coniferous species which reaches a typical
mature height of 10 feet and a typical mature DBH of four inches or
greater. Any species not qualifying as a "tree" under this definition
shall be considered a stem and shall not fall within the purview of
this chapter.
A certificate issued by the administrative officer of the
Borough of South Plainfield to authorize removal or destruction of
trees or shrubs as defined in this chapter.
An area in which trees, shrubs and undercover will not be
disturbed by filling, cutting or by any other means.
No person shall remove or destroy or cause to
be removed or destroyed any tree or shrub growing within the Borough
of South Plainfield without first having obtained a tree removal and
site clearing permit, except as otherwise provided herein.
A.
Exempted from this chapter's provisions shall be trees
located on a tract of land in all one- and two-family residential
zones (R-7.5, R-10 and R-15), which tract of land has an existing
residential building located thereon. Also exempt are trees growing
upon commercial nursery tracts or orchards, utility lines or public
lands and dead or diseased trees.
B.
No more than three trees in 12 months shall be removed,
cut or destroyed from any vacant residential lot in any one- or two-family
residential zones (R-7.5, R-10 or R-15) within the permitted principal
building envelope and bed of driveway or one or more trees outside
the same without first obtaining a tree removal and site clearing
permit.
A.
For properties where no subdivision of land and/or
site plan application is required:
(1)
Vacant residential properties. To obtain a tree removal
and site clearing permit, the applicant must furnish a sketch of the
property of sufficient accuracy showing the approximate location,
trunk DBH and species of trees to be removed with the administrative
officer, who, upon review and inspection (when necessary), shall have
sole authority for permit approval.
(2)
Nonresidential property, vacant or otherwise developed. No trees shall be removed unless and until a tree removal and site clearing permit has been obtained by filing an application in triplicate as described in Subsection A(1) above with the administrative officer, who, upon receipt of the same, shall solicit the comments of the Borough Engineer and the Environmental Specialist.
Fees payable for the filing of an application
for a tree removal and site clearing permit shall be as follows:
A.
For existing residential property not involving subdivision
and/or site plan: the sum of $25.
No tree removal and site clearing permit shall
be issued unless and until the land and subject trees have been viewed
by the administrative officer, Borough Engineer and Borough Environmental
Specialist and they concur in their findings that tree removal from
the site in accordance with the plan shall not impair the growth and
development of the remaining trees on the site or adjacent/contiguous
properties; shall not cause soil erosion or increased dust; shall
not impair existing drainage patterns; shall not substantially impair
the aesthetic values of the area; and shall not be in conflict with
the recommendations and findings of the Environmental Commission.[1]
No certificate of occupancy or building permit
shall be issued unless and until there has been an inspection by the
Environmental Specialist or his designee showing that the property
and tree removal is in compliance with the tree removal and site clearing
permit.
Any person found guilty of violating any of
the provisions of this chapter, in addition to the penalties set forth,
may be required, prior to the issuance of a certificate of occupancy,
to replant trees and shrubs of equivalent basal area and species to
any area of the property damaged by the violations of this chapter.
Any person found guilty of violating any of
the provisions of this chapter shall be subject to a fine not to exceed
$1,000 or imprisonment for a term of up to 90 days, or both, for each
violation. Each day that such violation continues shall be considered
a separate violation.
