[1]
Editor's Note: See Chapter 20 of the Revised General Ordinances of the Borough of Bloomingdale, Section 20-13 for restrictions on planting of poplar trees.
[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.
d. 
Dead or diseased.
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]
a. 
An approved tree removal and planting plan is required prior to approval of a subdivision, site plan or building permit or prior to the removal of any tree not excepted in subsection 23-1.3. The EEO shall make an on-site inspection within 14 days of submission of the plan and all trees to be cut are to be clearly identified with tagging by the plan applicant at the time the plan is submitted.
b. 
No certificate of occupancy shall be issued unless tree removal and planting have been in accordance with the approved plan or a bond posted guaranteeing proper planting and removal.
c. 
Data required for a tree removal and planting plan shall include:
1. 
The Tax Map, lot and block number.
2. 
The area of tract, and the location of streams, wetlands, streets and woods.
3. 
Slopes over 15%.
4. 
The type of tree-cutting, clear or selective.
5. 
Removal in relation to buildings, roads and septic systems and sewer lines, present and proposed.
6. 
A list of trees to be planted, preferably selected from the preferred species list, which shall be on file in the office of the EEO.
7. 
The map of surrounding properties showing wooded areas and features.
d. 
The tree removal and planting plan shall be prepared by the applicant on forms to be prepared and supplied by the EEO.
[Ord. No. 34-2013 § 2]
a. 
Trees may be removed within five feet of the edge of pavement of drives and parking areas.
b. 
Trees may be removed from proposed building foundations as follows:
1. 
40 feet as front and backyard setback.
2. 
20 feet as side and backyard setback.
c. 
Where more than three inches of fill is required around trees, the tree must be protected by an air well six feet in diameter. Tile pipe must radiate like spokes from the well to provide oxygen to the roots. The top of the well must extend six inches above the surface. If the tree is a species that will eventually die due to root disturbance or changes in drainage or the owner prefers to remove the tree, it may be removed and another tree from the preferred species list may be planted after the fill has stabilized.
d. 
Tree removal is prohibited where the existing trees form part of a planned greenbelt or buffer.
e. 
Any tree used in a required planting or to replace a damaged tree must be at least two and one-half (2 1/2) inches in diameter and must be nursery stock, balled and burlapped.
f. 
Trees in the area between the street line and setback line of the buildings shall be preserved to the greatest extent possible.
g. 
The removal of trees from any environmentally sensitive area or slopes over 15% is prohibited as it will contribute to extra runoff of surface water, erosion and silting, unless other means, approved by the Hudson Essex Passaic Soil Conservation District, are provided to prevent runoff and erosion.
h. 
Any grading must protect standing trees from machine operation, soil storage or material storage by a distance equal to or greater than the drip line of the tree. Any tree damaged to the extent that such damage may cause disease or death to the tree must be replaced. Temporary construction fences delineating clear-cut setbacks are required for tree protection.
i. 
Trees may be removed to allow for backfill or soil removal, provided that the same amount of wooded area is replaced when fill is settled.
j. 
Unless otherwise proven necessary, staging areas for machinery, equipment, supplies, materials, etc., shall be within a cleared building area in order to prevent damage to trees designated to be saved.
k. 
If, upon a building site inspection, the EEO finds that trees have been removed without regard for this section, no building permit shall be issued until the alleged violation has been prosecuted and disposed of in Municipal Court.
l. 
Should the EEO discover violations of the section following the issuance of a building permit, a stop-work order will be issued until the matter is disposed of in Municipal Court.
m. 
Trees shall be planted every 15 feet along streets in front of commercial establishments and commercial driveways.
n. 
One tree shall be planted for every seven car stalls in parking lots. Such trees shall be planted alongside or within the parking lots.
o. 
The prescribed number of trees determined upon approval of the tree removal and planting plan shall be continuously maintained such that diseased or dead trees shall be replaced within the next available growing season.
[Ord. No. 34-2013 § 2]
a. 
A fee schedule shall be on file in the Office of the EEO for the purpose of adequately covering the administrative costs of this section. The fee shall be included with the plan submitted. Where needed and not otherwise provided, an escrow account will be established to cover expenses associated with regard to any expert assistance retained by the Borough. The amount of the escrow shall be set by the EEO.
b. 
The owner or applicant shall reimburse the Borough for all costs of expert advice obtained in connection with the application for an approved plan which may exceed the fee schedule.
[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.