[Amended in entirety 9-6-2023 by Ord. No. 23-18. History includes Ord.
No. 11-18.]
[Added 9-6-2023 by Ord. No. 23-18]
Tree Removal and Protection Ordinance, for the Betterment of
Forestry in the Borough of Woodland Park.
This chapter shall be known as "Tree Removal and Protection
Regulations of the Borough of Woodland Park."
[Added 9-6-2023 by Ord. No. 23-18]
The Borough Council of the Borough of Woodland Park finds that
the preservation, protection and planting of trees aids in the stabilization
of soil by the prevention of erosion and sedimentation; reduces stormwater
runoff and the potential damage it may create; aids in removal of
pollutants from the air and assists in the generation of oxygen; provides
a buffer and screen against severe weather; aids in the control of
drainage and restoration of denuded soil subsequent to construction
or grading; provides a haven for birds and other wildlife and otherwise
enhances the environment; protects and increases property values;
conserves and enhances the Borough's physical and aesthetic appearances
and generally protects the public health and safety as well as the
general welfare.
[Added 9-6-2023 by Ord. No. 23-18]
No person shall do or cause to be done any of the following
acts affecting the trees, shrubbery or ornamental material planted
or growing naturally within the highways or public places under the
jurisdiction of the municipality, except with a written permit first
obtained from the Department of Public Works (DPW);
Cut, trim, break, disturb the roots of, or spray with chemicals
any living tree or shrub; or injure, misuse, or remove any structure
or device placed to support or protect any tree or shrub;
Plant or remove any living tree or shrub, or climb with spikes
any living tree or shrub;
Fasten any rope, wire, electric attachments, sign or other device
to a tree or shrub, or to any guard about such tree or shrub;
Close or obstruct any open space provided about the base of
a tree or shrub to permit the access of air, water or fertilizer to
the roots of such tree or shrub;
Pile any building material, or make any mortar or cement within
six feet of a tree or shrub;
Change the grade of the soil within the limits of the lateral
spread of the branches of any such tree.
[Added 9-6-2023 by Ord. No. 23-18]
The following definitions shall apply to this chapter:
The owner of a parcel of real estate or any other individual,
group, company, firm, corporation, partnership, association, society
or other legal entity.
The use of a landowner's property, from the beginning
of the property line up to six feet inward, for access by the Borough
for uses that are beneficial to the public good. Which include but
not be limited to access and use for infrastructure and utilities.
For purposes of this chapter, the common name of the tree.
A combination of materials to form a construction for occupancy,
use or ornamentation, whether installed on, above or below the surface
of a parcel of land.
A deciduous or evergreen tree which shall be a caliper of
at least 2-1/2 inches measured 4-1/2 feet about the ground when planted
(e.g. red, Norway, silver or sugar maple; sweetgum; London plane tree;
American sycamore; white, red or pin oak; American elm; yellow or
white poplar; or copper beech), unless otherwise identified through
the mitigation process.
[Added 9-6-2023 by Ord. No. 23-18]
Every person having control over any wire for the transmission
of an electric current along a public highway shall at all times guard
all trees through, or near, which such wire passes against any injury
from the wire or cable or from the electric current carried by it.
The device or means used shall in every case be subject to approval
by the Department of Public Works.
[Added 9-6-2023 by Ord. No. 23-18]
No person shall cut down or remove any tree of a caliper of
four inches or greater measured at a height of 4 1/2 feet above
the ground or engage in any site clearing without a tree removal permit.
[Added 9-6-2023 by Ord. No. 23-18]
No person shall place any guy wire, brace or tree device on
any such tree in such a manner as to injure it.
[Added 9-6-2023 by Ord. No. 23-18]
No person shall hitch or fasten an animal to any tree or shrub
upon a public highway or to any guard or support provided for the
same, or permit an animal to bite or otherwise injure any tree or
shrub.
[Added 9-6-2023 by Ord. No. 23-18]
No person shall permit any brine, gas or injurious chemical
or liquid to come in contact with the stump or roots of any tree or
shrub upon a public highway.
[Added 9-6-2023 by Ord. No. 23-18]
No person shall prevent, delay or interfere with any lawful
work undertaken by the Department of Public Works or its authorized
agent. Any act to interfere with the work of the DPW or Borough Agent,
may lead the offender to be charged with a criminal violation.
[Added 9-6-2023 by Ord. No. 23-18]
[Added 9-6-2023 by Ord. No. 23-18]
In case any tree or shrub, or any part thereof, along the public
highway, public street or public right of way, shall become dangerous
to the public safety, the owner of the property in front of which
such tree or shrub shall be, shall remove the same, or the required
part thereof, forthwith upon service of written directive to that
effect from the Department of Public Works or Borough Code Enforcement.
The notice shall be sufficient if served in the same manner as a summons
may be served in accordance with the New Jersey Rules of Court.
[Added 9-6-2023 by Ord. No. 23-18]
a.
The owner or tenant of any lands lying within the municipality may
be required to trim brush, hedges, trees, or any other plant growth
that may cause visibility issues along a roadway or intersection within
the Borough, at the discretion of the DPW Superintendent or Borough
Code Enforcement.
The owner or tenant of any lands lying within the municipality
shall keep all brush, hedges and other plant life, growing within
10 feet of any roadway and within 25 feet of the intersection of two
roadways, cut to the height of not more than 2 1/2 feet.
b.
The landowner is also still responsible to remove overgrown brush,
dying/dead trees and the like from the right of way which is property
which will remain under the control of the landowner for maintenance,
etc. This provision is consistent with the prevailing law of the State
of New Jersey, and the Borough's other property maintenance Ordinances.
[Added 9-6-2023 by Ord. No. 23-18]
If the owner fails to remove the tree or shrub or portion thereof
within four weeks after the service of written notice to do so, the
work shall be performed by the municipality under the supervision
of the DPW Superintendent, who shall certify the cost thereof to the
Council.
[Added 9-6-2023 by Ord. No. 23-18]
Upon receipt of the certified costs, the Council shall examine
same and if found correct shall cause the costs to be charged against
the lands, or if the Council deems the costs to be excessive, shall
cause the reasonable cost to be charged against the lands. The amount
so charged shall forthwith become a lien upon the lands and shall
be added to and become and form part of the taxes next to be assessed
and levied upon the lands, the same to bear interest at the same rate
as other taxes, and shall be collected and enforced by the same officer
and in the same manner as taxes.
[Added 9-6-2023 by Ord. No. 23-18]
a.
Application for a tree removal permit shall be made by submission
of the following:
1.
An original application on forms provided by the Borough containing
the following information: the names and addresses of the applicant;
the street address of the property in question; the number of trees
to be removed; and such other information as may be required, including
a map drawn to scale.
[Added 9-6-2023 by Ord. No. 23-18]
Per property, the first tree permitted for removal will not
incur a mitigation charge. There will be no mitigation charge if a
tree is deemed dead, upon inspection by the DPW Superintendent. With
prior approval from the DPW Superintendent, the property owner may
agree to plant one tree, per mitigation charge, to offset the cost
of mitigation. Said tree(s) must be planted within a reasonable amount
of time, as determined by the DPW Superintendent prior to approval
of the permit.
|
Number of Trees
|
Fees
|
|---|---|
|
1 to 5
|
$50
|
|
6 to 10
|
$100
|
|
11 to 20
|
$200
|
|
21 to 50
|
$300
|
|
51 and over
|
$400, plus an additional 100 for each additional 50 trees or
part thereof
|
[Added 9-6-2023 by Ord. No. 23-18]
The following standards for review of applications shall apply:
a.
Permitted Removal. No tree shall be permitted to be removed unless
the tree is:
1.
Located within the building footprint of a proposed principal building.
2.
Located between the curb lines of a proposed roadway approved pursuant
to the subdivision ordinance.
3.
Dead or poses a safety hazard.
4.
Located within 15 feet of any building.
5.
Located within the area of a proposed driveway, walkway, utility
line, accessory building or any other structure.
6.
Specifically permitted to be removed in a site plan approved pursuant
to the Municipal Land Use Law.
b.
Conflict with Other Laws. Notwithstanding anything in this chapter
to the contrary, no tree removal shall be permitted where prohibited
by Zoning Ordinance (e.g. buffer zones and crestline provisions) or
any other municipal, State or Federal Statute, ordinance or regulation.
c.
Hardship Appeal. In the event that an applicant believes the standards
set forth in paragraph a. above constitute a hardship which prohibits
a reasonable use of all or substantially all of the property in question,
an applicant may seek relief from the Governing Body of the Borough
of Woodland Park in the event that such relief is sought, the applicant
shall submit an additional eight copies of the documents required
to be submitted as to the reasons for the claimed hardship. In addition,
the applicant shall submit a fee for the hearing of the matter in
the amount of $300. The Governing Body, upon submission of a complete
application to the Borough Clerk, shall schedule a public hearing
in connection with the requested relief. The applicant shall cause
to be published in an official newspaper of the municipality a notice
setting forth the time, date and place of the hearing to be so held,
together with a brief statement of the relief requested. Such notice
must be published within 10 days prior to the date of the hearing.
Additionally, the applicant shall cause to be served upon all property
owners within 200 feet of the property in question a similar notice
by certified mail, return receipt requested, or by personal service.
Proof of publication and service of notice shall be required to be
submitted prior to the hearing. At the hearing, the applicant shall
present witnesses under oath, and any other interested parties may
do the same. All witnesses shall be subjected to cross-examination.
The decision of the Governing Body shall be binding upon the municipal
official in charge of enforcement and administration of this chapter.
d.
Mitigation. If there is a need to conduct tree removal to mitigate
environmental issues, there may be additional charges, upon review
from the DPW Superintendent.
[Added 9-6-2023 by Ord. No. 23-18]
a.
The charges associated with Mitigation of tree removal on a given
property will be as follows:
1.
The first tree removed from a given property will not incur a mitigation
charge.
2.
Each tree removed, beyond the first, will incur a mitigation charge.
This charge is based on the current cost to plant a tree on public
property, within the Borough of Woodland Park, as determined by the
DPW Superintendent. This charge will be remitted to the Borough "Tree
Fund."
3.
Upon review by the DPW Superintendent, a tree deemed to be "dying"
or "dead" will not incur a mitigation charge.
b.
Except in the event of a tree removal pursuant to an approved subdivision or site plan where a performance bond to assure tree planting was posted, as a precondition to the issuance of a permit where mitigation is required, the applicant may be required to post a cash bond to assure mitigation in an amount equal to the amount set forth in the resolution adopted by the Borough Council pursuant to subsection 27-17d for each minor and major tree to be planted. The bond shall be returned to the applicant upon completion of the required mitigation.
c.
In the event that it is unknown how many trees were removed from
any given site, and removal took place without a tree permit issued
pursuant to this chapter, the number of trees requiring mitigation
shall be computed by assuming trees over six inches in caliper.
d.
The Application requesting a hardship mitigation consideration may
be denied if it is determined that the removal of the proposed trees
will cause an undue and adverse impact to the property in question,
and other properties, without also submitting a mitigation plan.
[Added 9-6-2023 by Ord. No. 23-18]
a.
In connection with any construction subsequent to tree clearing but
prior to the issuance of a building permit or start of construction,
snow fencing or other protective barrier acceptable to the official
charged with the administration and enforcement of this chapter shall
be placed around trees that are not to be removed. The protective
barriers shall be placed at least 10 feet from the trunk of any tree
and shall remain in place until all construction activity is terminated.
No equipment, chemicals, soil deposits or construction materials shall
be placed within any area protected by barriers. Any landscaping activities
subsequent to the removal of the barriers shall be accomplished with
light machinery or hand labor.
b.
No person shall:
1.
Cut down or remove any tree except as permitted by this chapter or
allow or cause such cutting or removal.
2.
Cause or allow any willful damage, injury or disfigurement of any
tree growing within the Borough. For purposes of this subsection,
the actions of any person shall be deemed willful if the damages,
injury or disfigurement of any tree is caused as the result of but
not limited to the following: cutting, gashing, or slitting of any
tree; the pouring of any liquid or other material on any tree; or
on the ground nearby; the construction or placement of any nonporous
material on the ground around any tree so as to cut off the air, light
or water from the roots; or placement or removal of any soil from
within 10 feet of any tree.
3.
Store or pile building material or debris or place construction equipment
within 10 feet of any tree.
[Added 9-6-2023 by Ord. No. 23-18]
Any person aggrieved by the decision of the official charged with the administration and enforcement of this chapter shall have the right within 10 days of the issuance of any decision by such official to appeal to the Borough Council, which shall take action as it deems necessary in matter. In the event of such an appeal, the procedures set forth with reference to applications based on hardship continued in subsection 27-17c of this chapter shall apply.
[Added 9-6-2023 by Ord. No. 23-18]
If any person shall continue to violate any provisions of this chapter, after being duly notified of the violation, or shall neglect to comply with any lawful order of the Department of Public Works, the failure to comply with a second or each of any subsequent notifications or orders, shall be constituted as an additional violation of this chapter, and each additional offense shall subject the offending party upon conviction to the same penalty as provided for the first offense. Violators shall be liable, upon conviction, to the penalty stated in Chapter 1, Section 1-5.
