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Borough of Manasquan, NJ
Monmouth County
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Table of Contents
Table of Contents
[1972 Code § 89-1]
It shall be unlawful for any person without the written permit of the Shade Tree Commission, to cut, break, climb or injure any tree or portion of tree planted or growing in any public highway within the Borough, or cause, authorize or procure any person to cut, break, climb or injure any such tree or any portion of any tree or plant planted or growing in any Borough park or parking strip within the Borough, or cause or authorize or procure any person to cut, break, climb or injure any such tree or plant or any portion of such tree or plant; or to injure, misuse or remove, or cause, authorize or procure any person to injure, misuse or remove any device set for the protection of any tree or plant in any public highway or Borough park. Any person, firm or corporation desiring for any lawful purpose to cut, prune or trim any tree in any public highway of the Borough may apply to the Shade Tree Commission, and if the judgment of the Commission, the desired cutting, pruning or trimming shall appear necessary and the proposed method and workmanship thereof is such as the Commission approves, the Shade Tree Commission may thereupon issue a written permit for such work. Any work done under such written permit shall be performed in strict accordance with the terms thereof.[1]
[1]
Editor's Note: See Section 2-33, Shade Tree Commission.
[1972 Code § 89-2]
It shall be unlawful for any person, firm or corporation to kill or remove, or cause, authorize or procure the death or removal of any tree planted or growing in any public highway, or any tree or plant planted or growing in any Borough park within the Borough. Any person desiring for any lawful purpose to take down or remove any tree in any public highway of the Borough may apply to the Shade Tree Commission, and, if in the judgment of the Commission, the desired taking down or removal shall appear necessary, the Shade Tree Commission may issue a written permit therefor. Any work done under such written permit must be performed in strict accordance with the terms thereof.
[1972 Code § 89-3]
It shall be unlawful for any person, firm or corporation owning or using or having control or charge of gasoline or other substance to allow such gasoline or other substance to come into contact with the soil surrounding the roots of any tree in any public highway or any tree or plant in any Borough park in such manner as may injure such tree or plant.
[1972 Code § 89-4]
It shall be unlawful for any person owning or using or having control or charge of gasoline or other substance deleterious to tree life to allow such gasoline or other substance to come in contact with the soil surrounding the roots of any tree in any public highway or any tree or plant in any Borough park in such manner as shall kill or destroy such tree or plant.
[1972 Code § 89-5]
It shall be unlawful for any person to cause, authorize or procure any brine, water, oil, liquid dye or other substance deleterious to tree life to lie, leak, pour, flow or drip on or into the soil about the base of any tree in any public highway or Borough park or onto a sidewalk, road or pavement therein at a point whence such substance may be lying on or be flowing, dripping or seeping into such soil, or in any other manner whatsoever injure such tree, or cause or procure such lying, leaking, flowing, dripping, seeping or injuring.
[1972 Code § 89-6]
It shall be unlawful for any person, except with the written permit of the Shade Tree Commission, to place or maintain upon the ground in any public highway or Borough park any stone, cement or other material or substance in such manner as may obstruct the free access of air and water to the roots of any tree in such highway or park. Unless otherwise provided for in such written permit as above provided for, there must be maintained about the base of the trunk of each shade tree in the public highways and Borough parks at least six square feet of open ground for a tree of three inches in diameter, and for every two inches increase of such diameter there must be at least one square foot of open ground.
[1972 Code § 89-7]
It shall be unlawful for any person to interfere or cause or authorize or procure any interference with the Shade Tree Commission or any of its employees, agents or servants while they are engaged in and about the planting, cultivating, mulching, pruning, spraying or removing of any tree in any public highway or Borough park or in the removing of any device attached to the tree or in such removing of stone, cement, sidewalk or other material or substance as may be necessary for the protection and care of any such trees in accordance with the requirements set forth in subsection 23-1.6 as to the area of open ground to be maintained about the base of the truck of each shade tree in the public highways and Borough parks.
[1972 Code § 89-8]
It shall be unlawful for any person to cause, authorize or procure a wire or other conductor charged with electricity to come into contact with any tree in a public highway or with any tree or plant in a Borough park in such manner as may injure or abrade such tree or plant.
[1972 Code § 89-9]
It shall be unlawful for any person to cause or authorize or procure a wire or other conductor charged with electricity to come into contact with any tree in a public highway or any tree or plant in a Borough park in such manner as shall destroy or kill such tree or plant.
[1972 Code § 89-10]
It shall be unlawful for any person to attach or keep attached to any tree in any public highway or Borough park or to any guard or stake intended for the protection of such tree, any rope, wire, sign or any device whatsoever.
[1972 Code § 89-12]
It shall be unlawful for any person to plant or set out any shade tree or cause or authorize or procure any person to plant or set out any shade tree in or on any part of any public highway or Borough park without first obtaining from the Shade Tree Commission a written permit so to do or without complying in all respects with the conditions set forth in such written permit.
[1972 Code § 89-13]
During the erection, repair, alteration or removal of any building or structure within the Borough, it shall be unlawful for the person in charge of such erection, repair, alteration or removal to leave any street tree in the vicinity of such building or structure without such good and sufficient guards or protection as shall prevent injury to such tree arising out of or by reason of said erection, repair, alteration or removal.
[Ord. No. 1927-04 § 1]
The purpose of this section is to control and regulate the indiscriminate or excessive removal, clear cutting and destruction of trees on privately owned property, encourage the planting of new trees and control, regulate and prevent conditions which cause increased surface drainage, sedimentation and soil erosion adversely impacting the value of real estate and the public health, safety and welfare of the community. The regulations contained in this section are designed to limit such adverse impact while not interfering with the right of a property owner to appropriately remove trees in accordance with the regulations contained in this ordinance.
[Ord. No. 1927-04 § 2]
As used in this section, the following terms shall have the meanings indicated:
CALIPER
Shall mean standard measure of tree size for trees to be newly planted. Measurement is taken six inches above the ground for trees four inches in diameter or less and 12 inches above the ground for trees greater than four inches in diameter.
DIAMETER AT BREAST HEIGHT
Shall mean the diameter of a tree measured 54 inches (forestry method) above the ground level on the uphill side for existing trees. Diameter at breast height may appear as the abbreviation "DBH".
EMERGENCY REMOVAL
Shall mean a removal which is necessitated by an event, whether natural or man-made, which requires the immediate removal of a regulated tree because it has been determined that such tree presents an immediate public safety hazard. This determination shall be made by the Code Enforcement Officer or his/her designee.
REGULATED TREE
Shall mean a tree, other than a diseased or hazardous tree, located in an area covered under subsections 23-2.3 and 23-2.4 of this section.
REMOVAL
Shall mean any activity that results in cutting down completely or substantially eliminating a living regulated tree.
REPLACEMENT TREE
Shall mean a tree that is nursery grade quality, balled and burlapped, not less than 2 1/2 to three inch caliper with a durable label designating its genus, species and variety.
TREE
Shall mean any self-supporting woody plant which reaches a typical mature height of 12 feet or more at maturity and has a typical DBH of four inches or greater.
[Ord. No. 1927-04 § 3]
The terms and provisions of this section shall apply to vacant lots, lots where the principal structure has been demolished and lots on which the foundation to an existing building or structure is being increased by more than 500 square feet. Trees removed from a property within six months prior to an application for a construction permit for a new or replacement principal structure shall be subject to the provisions of this section. Nothing contained in this section is intended to restrict a property owner's rights to remove trees on real property where no construction permit for a new or replacement principal structure is sought.
[Ord. No. 1927-04 § 4]
Unless an exemption is established by this section, it shall be unlawful for any person to remove or cause to be removed any tree regulated under subsection 23-2.3 above, with the trunk diameter in excess of six inches DBH and located a distance greater than 15 feet from the area of new construction. In the event a tree is removed as a result of new construction and having been located within the area of disturbance, the property owner or applicant shall comply with subsection 23-2.5 of this section unless otherwise approved by the Zoning Officer or Planning Board in conjunction with a land development application. Diseased or hazardous trees may be removed at the property owner or applicant's expense from any location if the condition of the tree is documented by a qualified tree expert.
[Ord. No. 1927-04 § 5]
In the event of the removal of a regulated tree, the property owner or applicant shall be required to either replace the tree or make a contribution to the Municipal Tree Escrow Fund. The formula for replacing trees is as follows: one replacement tree of not less than 2 1/2 to three inch caliper must be planted for each tree removed with a DBH of six to 18 inches and two replacement trees of not less than 2 1/2 to three inch caliper must be planted for each tree removed exceeding 18 inches DBH. A replacement tree must comply with the definition in subsection 23-2.2 above.
[Ord. No. 1927-04, § 6]
All trees with a DBH of six inches or more shall be shown on the plot plan as submitted with a land development application. The application shall list all trees to be removed. Each tree to be removed shall be identified by size and species and the reason for the proposed removal shall be detailed.
On land development applications for properties having an area greater than 4,500 square feet, if there are no existing shade or ornamental trees in the front yard of the property, the Planning Board shall require the property owner or applicant to provide a shade tree or ornamental tree, or contribute to the Municipal Tree Escrow Fund.
[Ord. No. 1927-04 § 7; Ord. No. 2180-15]
All required trees shall be planted on the site from which the trees were removed. In the event such plantings cannot take place as a result of practical physical difficulties or undue hardship related to the conditions of the property, as determined by the Code Enforcement Officer or Shade Tree Commission or, in the event of a land development application, by the Planning Board, the property owner or applicant, upon approval of the Shade Tree Commission, may either plant the replacement tree(s) on municipal property in accordance with the requirements of the Shade Tree Commission, or contribute the sum as stated in Chapter 16, Fees for each required replacement tree to the Municipal Tree Escrow Fund.
[Ord. No. 1927-04 § 8]
A Municipal Tree Escrow Fund is established for the administration and promotion of environmental enhancement programs such as tree planting, tree preservation, landscaping or other related projects on or within municipally owned properties or facilities. A separate account shall be established to administer this fund. Appropriations from the tree escrow account shall be approved by the Mayor and Council and shall be used for municipal purposes through the recommendations of the Shade Tree Commission.