[Ord. No. 9-00-1 § 90-1]
This chapter shall be cited as the "Protection of Trees and
Shrubs Regulations of the Borough of Rockleigh."
[Ord. No. 9-00-1 § 90-2.1]
The Borough finds that the development of unimproved or redevelopment
of improved land for the purpose of erecting homesites has resulted
in indiscriminate and excessive cutting of trees upon tracts of land
and has resulted in creating increased surface drainage and soil erosion,
thereby increasing municipal costs to control drainage within the
Borough. It further finds that such excessive removal and destruction
of trees impairs the proper occupancy of existing residential areas
and impairs the stability and value of improved and unimproved real
property in such areas with attendant deterioration of conditions
affecting the health, safety and general welfare of the inhabitants
of the Borough, and further finds that regulations for the indiscriminate
removal of trees is within the Police Power of the Borough. Furthermore,
the Borough recommends retaining and preserving "the unique character
of the Borough of Rockleigh with respect to preservation of the large
tracts of open space and park land which provide scenic vistas, natural
habitats and other positive attributes to improve the overall quality
of life for Rockleigh residents." This chapter is intended to protect
the quality of life and the character of the natural and built environment.
[Ord. No. 9-00-1 § 90-2.2]
As used in this chapter:
Shall mean a parcel of land upon which a building has been
or may be erected in accordance with the Zoning Chapter.
Shall mean any person or business which is in any way responsible
for installation and/or removal of trees.
Shall mean any clearly defined piece of land which contains
a permanently affixed structure with a roof and intended for shelter,
housing or enclosure.
Shall mean any person having the title to any lot, plot,
piece or parcel of land.
Shall mean a license issued by the Building Inspector to
remove or destroy trees, from any improved or unimproved land as defined
in this section.
Shall mean any individual, firm, association, partnership
or corporation, or any group or two (2) or more of the foregoing.
Shall mean any person in possession of any lot, piece or
parcel of land, with or without a lease but with the permission of
the owner.
Shall mean any living tree having a trunk caliper of six
(6) inches or greater measured at a height of three (3) feet above
natural grade in a buffer area or having a trunk caliper of nine (9)
inches or greater measured at a height of three (3) feet above the
natural grade in all other areas outside a buffer area, as defined
herein.
Shall mean a specialist in trees and tree care.
Shall mean any clearly defined piece of land, the location,
dimensions and boundaries of which are determined by the latest official
record, upon which no structure permanently affixed to the land, with
a roof and intended for shelter, housing or enclosure has been constructed.
[Ord. No. 9-00-1 § 90-2.3]
The provisions of this section shall apply to all improved and
unimproved lands within the Borough.
[Ord. No. 9-00-1 § 90-2.4]
a.
Permit Required. No person, contractor, property owner or tenant
shall remove or destroy or cause to be removed or destroyed by any
person, contractor, property owner or tenant any trees as defined
in this section on any improved or unimproved tract of land or lot
within the Borough unless a permit is first obtained for such removal.
b.
Exception. Exempt from the permit requirement are the following:
1.
The cutting, pruning or trimming of trees in a manner which is not
harmful to the health of the tree.
2.
The cutting, destruction or removal of trees which are diseased or
dead or which endanger public safety. A certificate from a qualified
tree expert must be obtained and submitted with a permit waiver request.
c.
Application Fee. The permit shall be obtained from the Construction
Official upon an application being made therefor and a fee of twenty-five
($25.00) dollars with each application.
d.
Application Information Where No Building Permit, Septic Permit or
Demolition Permit Is Requested. An application for a permit for removal
or destruction of trees where no building permit, septic permit or
demolition permit is requested or contemplated shall contain the name
of applicant, name of owner of property with consent of the owner,
if different from the applicant, location of trees on a sketch of
property and reasons for the removal or destruction.
e.
Application Information Where Building Permit, Septic Permit or Demolition
Permit Is Sought. An application for a permit for removal or destruction
of trees where a building permit for construction involving any exterior
alteration to the building foundation or property, septic permit or
demolition permit is being sought, the property owner shall file with
the site plan. The plan shall show which trees on the property are
to be removed within a radius of twenty-five (25) feet from any area
of disturbance related to the building permit for construction as
described herein, together with the species and condition of such
trees shown on the plan by the architect or engineer, under the seal
of such architect or engineer, and also show the same information
as to the trees to remain on the land.
f.
Determination of Planning Board; Issuance of Permits.
1.
Where a site plan or subdivision application is involved, the Planning
Board shall determine which trees may be removed and the permit for
such removal shall be issued by the Construction Official at the time
of the issuance of a building permit.
2.
Where there is no site plan or subdivision application, the permit
for such removal shall be issued by the Construction Official.
3.
For any tree removal permit which is issued, the Construction Official
shall be at the subject site in order to supervise the removal of
any trees, as authorized. Should any trees be removed incorrectly,
the representative shall immediately notify the County Police Department,
and the Borough Construction Official shall determine if the issuance
of a stop work order is warranted based on the provisions of paragraph
k of this subsection.
g.
Referral to Other Agencies. Nothing herein contained shall prevent
the Construction Official from referring the application to the Planning
Board or other committee for their examination and opinion.
h.
Surety Bond Required Where Building Permit for Tree Removal Is Sought.
In all cases of application for permit where a building permit for
tree removal is applied for, there shall accompany the application
a cash bond in an amount to be determined by the Planning Board or
the Construction Official in the amount of one thousand ($1,000.00)
dollars for each acre or part thereof with the application for building
permit, which bond shall assure compliance with the preservation of
those trees not to be removed, which bond shall be returned with the
certificate of occupancy less any cost expended by the Borough to
replace trees improperly removed or destroyed in violation of the
permit.
i.
Display of Permit. A tree removal permit must be adequately displayed
on any property where tree removal has been authorized so that the
permit is visible from the nearest public street until such time as
the authorized cutting has ended and a final inspection has been conducted
by the appropriate Borough Official(s).
j.
Appeal. In the event of denial of any permit, the applicant seeking
appeal from the decision of the Construction Official may send a letter
to the Planning Board for its decision and may be heard informally
thereon by the Planning Board.
k.
Stop Work Order Issuance. If upon a building site inspection, the
Construction Official finds that trees have been removed without regard
to this chapter, or he has reasonable cause to believe that there
may have been a violation of this chapter, then in that event, no
building permit shall be issued until the alleged violation has been
prosecuted and disposed of in the Municipal Court of Rockleigh. In
addition, should the Construction Official, the Borough Engineer or
their duly appointed agents discover that a possible violation of
this chapter has occurred, including any violation of an approved
survey, subsequent to the granting of a building permit, the Construction
Official, Borough Engineer or their duly appointed agents shall issue
a stop-work order until such time as the violation is finally disposed
of in the Municipal Court of Rockleigh Borough. Where there are repeated
violations, the Construction Official shall also have the authority
to withhold the issuance of a Certificate of Occupancy for that property.
If the stop work order is contested at that time by the applicant,
the burden of proof shall be the responsibility of the applicant.
[Ord. No. 9-00-1 § 90-2.5]
a.
All trees as defined in this section within the area of disturbance
shall be indicated on the required site plan or sketch plan. Every
effort shall be made to provide a layout to avoid any disturbance
within the specimen trees drip line. An estimate of all trees over
nine (9) inches in caliper or greater shall be presented by the developer
in all areas. If in the opinion of the approving authority, the estimate
is not a reasonable projection of actual field conditions, a precise
count shall be required. The elimination of deciduous trees of this
caliper shall be replaced by trees of at least three (3) inch caliper,
the species of which is either identical to the tree being removed
or is otherwise referred to in the U.S. Soils Conservation Service
as compatible with the soil type, or a coniferous tree of at least
eight (8) feet in height at the time of planting. Coniferous trees
shall be replaced by a similar coniferous tree at least eight (8)
feet in height at the time of planting. Tree replacement and the number
of trees required shall be determined by the Planning Board by the
ability of the land to accommodate these trees. If sufficient space
is not available on the lot on which the development is proposed,
the Planning Board may require the applicant to plant the replacement
trees on other lands owned by the applicant within the Borough of
Rockleigh, on Borough park lands, within public street rights-of-way
or any combination thereof. In lieu of off-site replacement, the applicant
may contribute to a Municipal Tree Bank, which is to provide trees
on public property, based on a replacement cost estimate prepared
by the Borough Engineer.
b.
All diseased trees on the subject property subject to removal must
be documented by a qualified tree expert.
c.
Hardship in such cases shall be based on an examination of all the
circumstances considering the applicant's needs. If the needs
of the owner outweigh the public benefit promoted by retention of
trees, the hardship requiring removal shall be found to exist.
d.
Any area to be occupied by a building, driveway, drainage field,
septic tank, recreation area (tennis courts, swimming pools or similar
facilities) may have the trees removed but not more than fifteen (15)
feet around the perimeter of such facilities.
e.
The area has a cut or fill deemed injurious or dangerous to trees,
and which may require removal of trees in such area, as determined
by the Construction Official or Planning Board, as appropriate.
f.
The permit shall be granted if there is a finding that the removal
and destruction will not impair the growth and development of remaining
and new trees on the property of the applicant or adjacent properties
and would not cause erosion of soil, impair existing drainage, lessen
property values in the neighborhood or impair the aesthetic values
of the area.
g.
The spirit of the provisions of this section shall be to grant permits
in all areas only for compelling reasons as it is essential to maintain
aesthetic values, preserve privacy and drainage control.
[Ord. No. 9-00-1 § 90-2.6]
a.
Protection of Trees. No soil material, permanent or temporary, shall
be placed within six (6) feet of any trees. Where grading may be required,
trees shall be walled in with extension tile to the outer crown of
the tree. No structure, equipment or movable machinery shall be permitted
to operate within six (6) feet of any tree in order not to disturb
the soil and thereby injure the tree.
b.
Exempt Lands or Activities. The following lands or activities shall
be exempt from the provisions of this section: Orchards, Borough,
County and State land.
[Ord. No. 9-00-1 § 90-2.7]
No fee shall be charged for a permit authorizing the removal of diseased or damaged trees in accordance with subsection 17-2.4b2.
