[Ord. No. 34-2013 § 2]
As used in this section:
ENVIRONMENTAL ENFORCEMENT OFFICER (EEO)
Shall mean the Building Subcode Official or his duly appointed
designee, who may, on his own initiative or on the complaint of any
individual, take action hereunder to ensure compliance with this chapter.
He may request expert assistance, subject to the approval of the governing
body.
TREE
Shall mean any woody perennial plant with a diameter of four
inches.
[Ord. No. 34-2013 § 2]
The purpose of this section is to discourage indiscriminate
and excessive removal, cutting and destruction of trees, which has
caused environmental damage and adversely affected property values,
to prevent soil erosion and stream pollution and silting, to augment
flood control, to restrict the cutting of trees to a minimum during
construction, to reduce dust and air pollution, to preserve wildlife
habitat, to beautify the streets and to reforest the municipality
by encouraging the planting of trees wherever and whenever possible.
[Ord. No. 33-2013; Ord. No. 34-2013 § 2]
Trees may be removed without filing a tree removal and planting
plan herein below under the following conditions:
a. Any tree growing in a public right-of-way.
b. Any tree growing in the following areas on a lot containing a dwelling:
1. Within 40 feet of the front wall and the rear wall of the dwelling
structure.
2. Within 20 feet of either side wall of the dwelling structure.
3. Within five feet of any paved surface.
4. On or above any existing or proposed utility lines or septic system,
provided that requisite permits are obtained.
5. On or above any surfaces which are being prepared for the immediate
extension of pavement expansion, of recreation areas, installation
of swimming pools, installation of outdoor sheds or garden enhancement;
provided, however, that no tree shall be removed until and unless
a necessary requisite permit is obtained for the construction activity.
c. Likely to endanger life or property.
e. Trees on the premises of nurseries and garden centers.
f. Tree farms may remove up to but not more than 30% of trees from their
entire tract, provided that a forest management plan, approved by
the New Jersey Department of Environmental Protection, Bureau of Forestry
or other professional forester has been submitted to the EEO.
g. Removal of one tree per residential lot per year.
h. The Oak Tree situated in front of Borough Hall may be removed only
upon a determination by an arborist that the tree is diseased or unsafe
and an affirmative vote by a majority of the Borough Council that
the tree should be removed, except in cases of emergency where public
safety necessitates the removal of the Oak Tree.
[Ord. No. 34-2013 § 2]
Any person violating any provisions of this section shall, upon conviction, be liable to the penalty stated in Chapter
1, Section
1-5 of the Revised General Ordinances of the Borough of Bloomingdale.