[HISTORY: Adopted by the Mayor and Council
of the Borough of Dunellen 10-7-2002 by Ord. No. 02.11. Amendments noted where applicable.]
It is the intent of this chapter to promote
the general welfare of the residents of the Borough of Dunellen by
providing for the protection, regulation, selection, planting and
cutting of trees in such a way as to protect and preserve the environment
and the quality of life of the residents of the Borough.
The governing body of the Borough of Dunellen
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 Dunellen.
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.
As applied to public utility companies, means poles, wires,
cables, surface conduits, pipes, manholes and appurtenant facilities
of such companies installed in a street.
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.
A public utility as defined in N.J.S.A. 48:2-13.
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 Shade Tree Commission of the
Borough of Dunellen to authorize the removal or destruction of trees
and shrubs 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 shade or ornamental tree or shrub shall be
planted in any of the public rights-of-way until such tree or shrub
shall have been approved and the place where it is to be planted shall
have been reviewed by the Dunellen Shade Tree Commission and a permit
granted.
No person shall remove or destroy or cause to
be removed or destroyed any tree or shrub growing within the Borough
of Dunellen without first having obtained a tree removal and site
clearing permit, except as otherwise provided herein. Notwithstanding
any other provisions to be contrary, nothing contained herein shall
require the Borough of Dunellen, its agents, representatives or employees
to obtain a tree removal and site clearing permit before removing
or destroying or causing to be removed or destroyed any tree.
A.
Exempted from this chapter's provisions shall be trees
located on a tract of land in all One- and Two-Family Residential
Zones RA/RB, which tract of land has an existing residential building
located thereon. Also exempt are trees growing upon commercial nursery
tracts or orchards. Also exempt are trees which the Borough, by and
through its agents, representatives or employees, deems necessary
to be removed or destroyed.
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 Zone RA/RB, within the principle building envelope and
bed or 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 to the Dunellen
Shade Tree Commission a sketch of the property of sufficient accuracy
showing the approximate location, trunk DBH and species of trees to
be removed. Upon review and inspection (if necessary), the Dunellen
Shade Tree Commission shall have sole authority for permit approval.
No tree removal and site clearing permit shall
be issued unless and until the land and subject trees described in
the permit application have been reviewed by the Dunellen Shade Tree
Commission and the Commission concurs that the tree removal from the
site in accordance with the plan shall not:
A.
Impair the growth and development of the remaining
trees on the site or adjacent/contiguous properties;
B.
Cause soil erosion or increased dust;
C.
Impair the growth and development of the remaining
trees on the site or adjacent/contiguous properties;
D.
Cause soil erosion or increased dust;
E.
Impair existing drainage patterns;
F.
Substantially impair the aesthetic values of the area;
and
G.
Be in conflict with the recommendations and findings
of the Dunellen Shade Tree Commission.
No certificate of occupancy or building permit
shall be issued unless and until there has been an inspection by the
Borough Engineer showing that the property and tree removal is in
compliance with the tree removal and site clearing permit.
No person shall do any of the following acts
to any tree or shrub on a public right-of-way without the prior approval
and permit issued from the Dunellen Shade Tree Commission, which will
solicit comment from the Borough of Dunellen Construction Office when
appropriate:
A.
Cut, disturb or interfere in any way with any root.
B.
Spray with any chemical.
C.
Remove or damage any guard or device placed to protect
any tree or shrub.
D.
Conduct, razing, removal or renovation of any structure
if deemed by the Dunellen Shade Tree Commission to be damaging to
neighboring street trees.
E.
Place or distribute chemicals, including but not limited
to salt, which chemical or combination of chemicals is deleterious
to tree health.
F.
Remove soil, either for trenching or otherwise.
A.
The Dunellen Shade Tree Commission may grant to public
utility companies a blanket permit for tree pruning for line clearance
and for the installation and the maintenance of subsurface and aboveground
plant construction if there is interference with or endangerment to
trees.
B.
Public utilities may, during periods of emergency,
without specific prior permit install temporary attachments to trees
and make emergency subsurface repairs.
C.
Each utility company shall exercise reasonable diligence
in the maintenance of its plant construction so as to avoid damage
to trees.
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.
[Amended 3-17-2008 by Ord. No. 08-03; 2-6-2012 by Ord. No. 2012-02]
A.
There will be a replanting fee, payable to the Borough of Dunellen,
for each tree that is removed from the Borough right-of-way under
this chapter. This fee will be used for replanting trees. The fee
schedule is as follows:
B.
For purposes of tree measurement to be utilized under this chapter, tree caliper shall be measured at breast height as defined in § 275-3. In the event the tree is removed prior to measurement, tree caliper shall be measured at the stump. In the event the tree stump is removed prior to measurement, tree caliper shall be in accordance with the tree inventory, as then maintained by the Borough or the Shade Tree Commission. In the event no tree inventory exists for the removed tree, then the fee shall be fixed at $300 per tree removed.
