[Ord. No. 3434, 11-14-1995, § 1]
Although priding itself on its Route 4 Greenbelt, its many foliated
parks and its tree-lined streets, the Township has lost many trees
during the past 20 years. Consequently, unsightly, unshaded gaps in
the overall continuity of streetscapes are apparent. With the loss
of shade trees, the Township suffers the loss of protection from the
elements, erosion and stormwater runoff, the loss of pollution control
and noise abatement, a diminished habitat for birds and other wildlife
and a depreciation in property values. The purpose of this article
is to stimulate new initiatives for replenishing our shade trees and
preserving and protecting established trees as an increasingly rare
and critical natural resource. This purpose is consistent with comment
11 on page 31 of the Teaneck Master Plan of January 13, 1994: "existing
major trees in the Township should be preserved where possible within
street rights-of-way, publicly owned lands and lands in private ownership.
A plan should be developed for replacing aging and downed trees on
these lands to maintain coverage."
[Ord. No. 3434, 11-14-1995, § 1]
As used in this article, the following terms shall have the
meanings indicated:
Any situation determined by the Township Manager to require
immediate action to prevent or eliminate danger to the public health,
safety or property.
The written permission of the Supervisor after consultation
with the Shade Tree Advisory Board.
Trees, shrubs or other plantings on any nonpublic land.
Lands owned by the Township and lands owned by the federal
government, the state or the County of Bergen, if these jurisdictions
assent to the exercise of powers herein conferred by the Township
with respect to those lands.
Public streets and sidewalks over lands that are privately
owned.
Trees, shrubs and other plantings within rights-of-way or within the jurisdiction of the Township, as set forth in § 37-16.
An individual appointed by the Township Manager to enforce the provisions of this article, acting after consultation with the Township Shade Tree Advisory Board as constituted under § 2-148.
[Ord. No. 3434, 11-14-1995, § 1;
amended by Ord. No. 4126, 5-19-2009, § 1]
The regulation, planting, care and control of public trees shall
be exercised by the Supervisor, who shall have the power to:
(a)
Control the planting, care and protection of such trees.
(b)
Regulate the use of the ground surrounding such trees as far as may
be necessary to ensure their proper growth, care and protection.
(c)
Removal.
(1)
Require the removal of such trees or parts thereof which are
deemed to be dangerous to public safety, electric power lines, gas
lines, waterlines 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 purposes of this article.
(2)
Whenever the Supervisor is acting under his/her authority pursuant
to Subsection (c)(1) above and said authority is being exercised under
the authority of ". . .any reason. . .," the following criteria shall
apply: The Supervisor shall always act in a manner which maximizes
the preservation of public trees. If an alternate plan can be arrived
at, which plan may inconvenience a property owner but which may preserve
the public tree(s) in question, the Supervisor shall preserve the
public tree(s) notwithstanding the inconvenience to the property owner.
[Example: In a situation where a property owner requires that a public
tree(s) be removed in order to allow ingress and egress to such owner's
property, the public tree(s) may not be removed as long as there is
a configuration that is possible to allow ingress and egress to the
property without the removal of the public tree(s). Such ingress and
egress will be deemed possible as long as the configuration allows
the minimum ingress and egress to the property pursuant to the zoning
laws then in effect. If the property owner desires a double driveway
but the apron of the driveway which traverses the public right-of-way
needs to be designed as a single driveway to preserve a public tree(s),
then the tree(s) shall not be removed to allow the double driveway.
In such situation, the only way the public tree(s) may be removed
under this Subsection (c)(2) would be to allow the minimum ingress
and egress, i.e., the single driveway apron.] Examples contained herein
are intended to be exemplary and not exhaustive.
(d)
Require, at the property owner's expense, the placement of protective
devices around public trees so as to effectively prevent injury to
such trees during the erection, razing, removal or alteration of any
structure or during the excavation or alteration of any existing grade.
(f)
Require the removal of, or remove, dead trees.
(g)
Prune such trees according to accepted technical methods used by
qualified arborists, including measures to prevent the spread of disease.
(h)
Maintain a tree inventory of planted, removed and pruned trees.
[Added by Ord. No. 18-2013, 6-11-2013]
(a)
No person shall cut, remove, injure, prune or trim a public tree
located upon public lands or within a public right-of-way except as
authorized by the Supervisor.
(b)
The Supervisor may issue a permit to prune or trim a public tree
located upon public lands or within a public right-of-way subject
to the following terms and conditions:
(1)
Such pruning or trimming shall only be performed by a certified
tree expert (as certified by the State of New Jersey) approved by
the Supervisor.
(2)
The certified tree expert (as certified by the State of New
Jersey) shall first submit its qualifications and experience to the
Supervisor for his review and approval.
(3)
In the application for a permit, the certified tree expert (as
certified by the State of New Jersey) shall identify the specific
trees and the parts thereof to be pruned or trimmed and state the
reasons for such pruning or trimming.
(4)
The pruning or trimming shall be limited to those public trees
or parts thereof which are deemed to be dangerous to public safety,
electric power lines, gas lines, water lines or other public improvements
or which harbor a disease or infestation readily communicable to neighboring
healthy trees or for such other reason, in the exercise of a reasonable
discretion and within the purposes of this article, as may be approved
by the Supervisor and shall be performed in such a way as to maximize
the preservation of public trees.
(5)
The cost of such pruning or trimming shall be solely the responsibility
of the person applying for such permit.
(6)
The certified tree expert (as certified by the State of New
Jersey) shall provide proof of general liability insurance, in an
amount of not less than $1,000,000 for personal injury per occurrence,
and no less than $100,000 for property damage per occurrence, with
a general aggregate of not less than $3,000,000, and automobile liability
insurance of not less than $1,000,000 combined single limit (each
accident). The Township of Teaneck, its officers, agents, and employees
shall be named as additional insureds as evidenced by a certificate
of insurance which shall provide that no less than 30 days' written
notice shall be provided to the Township of Teaneck prior to cancellation
thereof. In addition, the certified tree expert (as certified by the
State of New Jersey) shall be required to carry statutory workers'
compensation insurance.
(7)
The certified tree expert (as certified by the State of New
Jersey) shall follow any directions or instructions of the Supervisor
in the pruning or trimming of public trees and shall cease such activities
immediately upon the direction of the Supervisor.
(8)
The certified tree expert (as certified by the State of New
Jersey) shall be responsible to remove and dispose of all branches,
limbs, or other portion of trees or debris resulting from such pruning
or trimming from the public lands or right-of-way.
(9)
The certified tree expert (as certified by the State of New
Jersey) performing such service, as well as the applicant for such
permit, shall be responsible to correct or repair any damage to the
public lands and public right-of-way, including pavement, curbs, sidewalks,
underground facilities, drainage basins and surrounding trees, resulting
from such pruning or trimming and restore such public lands and right-of-way
to the condition which existed prior to such damage.
(10)
The applicant for such a permit shall post a bond, letter of
credit, or cash security, in an amount to be determined by the Supervisor,
to guarantee performance in accordance with the terms and conditions
hereof. In the event of the failure or refusal of the applicant or
the certified tree expert (as certified by the State of New Jersey)
to perform the work required hereunder, the Township may perform and
complete such work and may collect the cost thereof from the performance
guaranty.
(c)
The Supervisor may issue a permit to cut and remove certain species of public shade trees located upon public lands or within a public right-of-way, subject to the terms and conditions set forth in Subsection (b) above and the following additional terms and conditions:
(1)
In the application for a permit, the certified tree expert (as
certified by the State of New Jersey) shall identify the specific
trees to be cut and removed, the species thereof and the specific
danger which such trees pose to the general public or to the adjoining
property owner.
(2)
No permit shall be issued to cut and remove a tree except for
the following species of trees:
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Red maple
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Sycamore
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Norway maple
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Southern catalpa
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Black cherry
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Black locust
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Ailanthus (sumac)
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White mulberry
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Eastern cottonwood
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(3)
In addition to being responsible to remove and dispose of all
branches, limbs, or other portion of trees or debris resulting from
such cutting and removal of certain species of shade trees upon the
public lands or rights-of-way, the certified tree expert (as certified
by the State of New Jersey) shall be responsible to remove the stump
of the tree to be cut and removed and to restore the grade of the
soil.
(4)
The certified tree expert (as certified by the State of New
Jersey) shall also be responsible to replant a replacement shade tree
of a species, height and caliper/diameter and at a location selected
by the Supervisor. The Township of Teaneck shall be provided with
a one-year guarantee for any such replacement shade tree.
[Ord. No. 3434, 11-14-1995, § 1]
No person shall plant a tree on public rights-of-way unless
such planting is authorized by the Supervisor after consultation with
the Shade Tree Advisory Board, in accordance with the following standards
and procedures. The Supervisor shall promulgate the following:
(a)
An approved list of trees that will be permitted by type and minimum
size.
(b)
Planting specifications.
(c)
Procedures and fee schedules to defray the cost of administrative
review and provide for the posting of maintenance guaranties. No such
procedures shall supersede, however, the provisions for maintenance
guaranties set forth in the Municipal Land Use Law, N.J.S.A. 40:55D-1
et seq., with respect to the development of land.
(d)
An application procedure that will permit expeditious review and
approval/disapproval.
[Ord. No. 3434, 11-14-1995, § 1]
(a)
It shall be unlawful for any person to top a public tree. "Topping"
is 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
so as to remove the normal canopy and disfigure the tree.
(b)
Public trees severely damaged by storms or other causes or certain
trees interfering with utility lines or other obstructions where normal
pruning practices are impractical may be exempted by a specific permit
issued for a twenty-four-hour period by the Supervisor. Any topping
required and approved by the Supervisor shall be performed by on-site
qualified personnel and under the daily supervision of the Supervisor.
An inventory of such work will be kept by the Supervisor.
[Ord. No. 3434, 11-14-1995, § 1]
(a)
Time-limited permits for other than emergency service. After review
of block-by-block plans for pruning by the Supervisor and after a
thirty-day posting of these specific plans on the Township bulletin
board, the Supervisor shall grant to public utility companies a block-by-block
permit for judicious tree pruning for line clearances and for the
installation and maintenance of subsurface and aboveground utility
lines.
(b)
During periods of emergency and for the purpose of restoring service
or preventing the interruption of service, public utility companies
may undertake emergency service and make necessary repairs without
a permit therefor. In such event, the Supervisor shall be notified
within 24 hours from the beginning of such emergency service, and,
as soon as practical, a formal report of the work must be submitted
to the Supervisor for inventory purposes.
(c)
A public utility company shall exercise reasonable diligence in the
installation and maintenance of its facilities so as to avoid damage
to trees. No trees may be removed without an approved plan indicating
the need for the removal having been approved by the Supervisor.
[Ord. No. 3434, 11-14-1995, § 1; amended
by Ord. No. 3752, 4-1-2003, § 1]
(a)
The Council shall designate landmark trees which shall have a suitable
permanent marker placed at the location of the tree.
(b)
On public land. The Supervisor shall have the authority to recommend
whether any tree on public land is qualified as a landmark tree.
(c)
On private property. Only with the consent of the owner of the property
on which a landmark tree may be located, the Supervisor shall have
the authority to recommend whether such tree is qualified as a landmark
tree. In such event, a suitable permanent marker shall be placed at
the location of the tree, and its location and identity shall be memorialized
on the tax records of the Township and thereby reflected on each annual
tax bill for the property. Landmark trees on private property shall
be clearly identified on all survey maps and records of the property
upon which they stand.
(d)
Criteria for landmark tree designation. A tree may qualify as a landmark
tree if it meets any of the following criteria:
(1)
The tree is rare according to the list compiled by Cook College
in the publication entitled "Exotic Trees in New Jersey." As used
herein, "rare" shall mean not indigenous to the area and present in
limited quantity (10 or fewer in the Township).
(2)
The tree is more than 100 years of age.
(3)
The tree is of diameter or dripline diameter unusual for tree
of its species.
(4)
The quality of the tree foliage is exceptional for a tree of
its species.
(5)
The location, shade value, fragrance, soil stabilization characteristics,
aesthetic features or scenic enhancement of such tree is of special
importance to the Township.
(e)
Official record. All trees designated as landmark trees by the Council
shall be identified as such on the Official Map of the Township. In
addition, the Supervisor shall maintain a landmark tree inventory
record, identifying each tree's location, species, age, size and other
distinguishing characteristics for ready reference and periodic monitoring.
Landmark trees shall be preserved unless removal is authorized by
Council. If they are removed, the Supervisor shall see that the official
Tax Map and tax records so indicate.
[Ord. No. 3434, 11-14-1995, § 1]
Stumps of public trees in streets and public rights-of-way shall
be removed in a manner approved by the Supervisor to a depth of no
less than six inches below finished grade. A record of these tree
stump removals shall be maintained.
[Ord. No. 3434, 11-14-1995, § 1]
Nothing herein shall be construed as placing responsibility
for damages to health or safety or for injuries caused by shade trees
on the Township or its agents or employees.
[Ord. No. 3434, 11-14-1995, § 1]
The authority hereby conferred on the Supervisor shall not limit
the authority of the Township generally, its officers or agents from
acting in an emergency to forestall or eliminate danger to public
health or safety.
[Ord. No. 3434, 11-14-1995, § 1; amended
by Ord. No. 3564, 7-14-1998, § 1]
(a)
The Supervisor may order an immediate stop to any activity which
is in violation of any provision of this article, subject to appeal
as set forth below. Any such stop order shall be issued in writing
and served upon the person engaged in the violative activity.
(b)
The Supervisor may require a person who removes or otherwise destroys
a public tree in violation of this article to pay a replacement assessment
to the Township. The replacement assessment shall be the value of
the tree as determined by the appraisal of a trained forester or certified
tree expert retained by the Supervisor for that purpose, and the cost
of such expert shall be added to the replacement assessment. In lieu
of an appraisal, the Supervisor may adopt a formula, adjusted for
value of species, and a schedule based upon the number of square inches
contained in a cross section of the trunk of the tree multiplied by
a predetermined value per square inch, not to exceed $27 per square
inch or such other limit as allowed by N.J.S.A. 40:64-12b. The square
inch cross section shall be calculated from the diameter at breast
height (4 1/2 feet above ground level), and, if there is a multiple
stem tree, then each trunk shall be measured, and a total number of
square inches shall be determined for the tree. The Supervisor shall
modify the value of the tree based upon its species variety, location
and its condition at the time of removal or destruction.
[Ord. No. 3434, 11-14-1995, § 1; amended
by Ord. No. 3564, 7-14-1998, § 1]
(a)
An aggrieved person may appeal any decision of the Supervisor based on § 37-24 above to the Township Manager. Any such appeal to the Township Manager shall be in writing requesting a review, attaching a copy of the Supervisor's decision and all information deemed necessary for a complete review by the Manager, all of which shall be delivered to the Manager within 30 days of the date of receipt of the Supervisor's decision from which the appeal is made. The Manager shall have the authority to reverse, modify or confirm, in whole or in part, the decision of the Supervisor. If the Manager fails to act within 60 days of the submission of the appeal to the Manager, then the view of the person making the appeal shall prevail. Pending completion of the aforesaid appeal process, enforcement of the Supervisor's action, decision or directive shall be stayed if the person making the appeal takes no further action with respect to the subject of the action, decision or directive, unless otherwise directed by a court of competent jurisdiction. The Manager shall advise the Shade Tree Advisory Board of the matter and shall consider input from the Shade Tree Advisory Board.
(b)
Within 45 days of the receipt of an adverse decision by the Manager, as set forth in Subsection (a) above, an aggrieved person may appeal further to the Municipal Court of the Township of Teaneck or any other court of competent jurisdiction. The Municipal Court or other court of competent jurisdiction shall be guided by the penalties set forth above, and, in addition, may assess penalties as set forth in the general penalty provisions of § 1-6 of this Township Code.
[Ord. No. 3434, 11-14-1995, § 1]
The Supervisor may develop and maintain a policy manual to be
used in carrying out the provisions of this article.
