[Editor's Note: Former Ch. 19, Tree Preservation, was amended
in its entirety 3-8-2023 by Ord. No. 01-2023. Prior history includes
Ord. No. 18-2018.]
[Added 3-8-2023 by Ord.
No. 01-2023]
The purpose of this chapter is to prevent indiscriminate, uncontrolled,
and excessive destruction, removal, and clear cutting of trees upon
lots and tracts of land within the Borough of Sea Girt in order to
maintain the aesthetic character of the Borough of Sea Girt, prevent
erosion, and control actions that will substantially change drainage
patterns, and restrict actions that will cause a hazard to persons
or property.
[Added 3-8-2023 by Ord.
No. 01-2023]
As used in this chapter:
Shall mean the removal of all standing trees on a site or
portion of a site.
Shall mean the members of the Shade Tree Commission, the
Code Enforcement Officer, Borough Engineer, members of the Sea Girt
Police or Public Works Departments, or a NJ Certified Tree Expert.
Any development on the property that requires a zoning permit,
construction permit, or combination thereof.
Shall mean the diameter (caliper) of a tree at a point on
the tree 54 inches above the actual ground level.
Shall mean any unforeseen circumstance or occurrence, the
existence of which constitutes a clear and immediate danger or hazard
to person or property as determined by a NJ Certified Tree Expert
or competent public authority (Borough Engineer).
Shall mean any street or road shown upon a map or plan filed
in the Monmouth County Clerk's office or on the Official Map
of the Borough of Sea Girt.
Shall mean the actual removal of trees, or direct or indirect
actions resulting in the effective removal of trees through damage
or poison, or similar actions directly or indirectly resulting in
the death of trees subject to the provisions of this chapter. Moving
a tree to a different location on the same property does not constitute
removal. Removal shall not include pruning for maintenance purposes.
Shall mean any tree with a diameter at point of measure exceeding
60% of that of the largest similar tree listed in either the Monmouth
County's Largest Trees, prepared and annually updated by the
Monmouth County Shade Tree Commission or New Jersey's Big Trees,
prepared and updated bi-annually by the Division of Parks and Forestry
of the New Jersey Department of Environmental Protection.
Shall mean any lot, tract, parcel or parcels of land within
the Borough.
Shall mean any living deciduous or evergreen tree with a
single trunk at a height of one foot above the root crown, with a
normally anticipated mature height of 30 feet or greater (including,
but not limited to: Norway; Silver and Sugar Maple; Sweetgum; London
Plane; American Sycamore; White and Red Pin Oak; American Elm; Yellow
and White Poplar; Copper Beech; Cedar; Spruce; Pine; and Fir).
Shall mean a certificate issued by the Borough to remove
trees as defined in this chapter.
Shall mean an area in which trees, shrubs, and understory
will not be disturbed by filling, cutting or by any other means.
[Added 3-8-2023 by Ord.
No. 01-2023]
No person shall remove, or cause to be removed any existing
trees with a diameter of four inches or greater caliper at point of
measure, upon any lands within the Borough of Sea Girt without a tree
removal permit except as follows:
a.Â
Any trees cut or removed in accordance with a management plan developed
by the New Jersey Department of Environmental Protection, Bureau of
Forestry, filed with the Construction Official of the Borough;
b.Â
Trees directed to be removed by municipal, County, State or Federal
authority. No person shall remove any tree growing on a public right-of-way
or public land without the express written consent of a competent
municipal authority (Code Enforcement Officer, Borough Engineer, etc.)
or Shade Tree Commission.
[Added 3-8-2023 by Ord.
No. 01-2023]
A Tree Removal Permit shall be required for the removal of any
trees of four inches or greater caliper at point of measure, as follows:
a.Â
An application for zoning approval for the construction of new residences,
additions to residences, the construction of swimming pools, accessory
buildings, or improvements for the zoning permit shall include an
inventory of all trees on the site. Such trees shall clearly be shown
on the application plans and identified by size. If no trees are to
be removed as part of the improvement, then a permit shall not be
required.
[Added 3-8-2023 by Ord.
No. 01-2023]
a.Â
Application Form. An application form can be obtained from the Code
Enforcement Officer or Borough Clerk and shall include the following
information:
1.Â
Name and address (street and lot and block) of the owner of the premises
and status of legal entity (individual, partnership, corporation).
2.Â
Description of the premises where removal is to take place, including
lot and block numbers, and street address as assigned if different
than the address of the owner.
3.Â
Purpose of tree removal.
4.Â
In addition to the application form, a survey showing the approximate
location and size of all trees with a diameter at breast height of
four inches or greater caliper that exist on the lot, and identifying
those trees to be removed. At the discretion of the Code Enforcement
Officer or his/her designee, other appropriate documents may be substituted
if a survey is not available.
5.Â
If a tree is removed under the requirements of Section 19-3 or Section 19-4, a mitigation plan must be submitted and approved by the Code Enforcement Officer or his/her designee prior to the issuance of any permit that will provide for the replacement by planting a tree of three inches to 2Â 1/2 inches caliper or remitting a fee to the Borough of Sea Girt in accordance with the following:
|
Tree Replacement Requirements
| |
|---|---|
|
Size of Each Tree Removed
|
Replacement Trees Required
|
|
4 inches but not more than 6 inches
|
1 tree
|
|
6 inches but not more than 10 inches
|
2 trees
|
|
10 inches but no more than 16 inches
|
3 trees
|
|
16 inches or greater
|
4 trees
|
|
Tree Replacement Fund Requirements
| |
|---|---|
|
Size of Each Tree Removed
|
Replacement Trees Value
|
|
4 inches but not more than 6 inches
|
$500
|
|
6 inches but not more than 10 inches
|
$750
|
|
10 inches but no more than 16 inches
|
$1,000
|
|
16 inches or greater
|
$1,500
|
b.Â
Trees on a property line requested to be removed shall require written
consent of adjoining property owners prior to any approvals or removal.
[Added 3-8-2023 by Ord.
No. 01-2023]
a.Â
Upon the filing of an application with the Code Enforcement Officer
for a tree removal permit under the terms of this chapter, the applicant
shall pay an application fee of $50 for any trees removed.
b.Â
The applicant may elect, in lieu of planting replacement trees, to
pay to the municipality a sum of money as set forth in Subsection
19-5.5 for each tree required to be planted pursuant to this subsection
for the purpose of planting trees and maintenance elsewhere in the
Borough. Said funds shall be deposited into the Tree Replacement Fund.
c.Â
Tree Replacement Fund.
1.Â
Where an applicant chooses to make a contribution to the Tree Replacement
Fund in lieu of physically replacing the trees on said property as
provided in Subsection 19-5.5, the amount of said contribution shall
be as set forth in Subsection 19-5.5. The Tree Replacement Fund shall
be in a separate fund with the dedicated purpose of tree replacement
and maintenance within the Borough of Sea Girt.
[Added 3-8-2023 by Ord.
No. 01-2023]
a.Â
Time Limits for Action.
1.Â
The Code Enforcement Officer or his/her designee shall act on an
application for a tree removal permit within 30 business days of the
receipt of a complete application. Failure to act within 30 days shall
be deemed to be an approval of the application and thereafter, a tree
removal permit shall be issued.
[Added 3-8-2023 by Ord.
No. 01-2023]
a.Â
The holder of a tree removal permit shall notify the Code Enforcement
Officer when the tree removal has been completed. The Code Enforcement
Officer shall review all cut trees and compare with application. Any
deviations to the prior approval shall have the application modified,
and any change in replacement tree planting or replacement fund requirements
shall be identified and acknowledged by the applicant.
b.Â
Upon construction project completion, a review of the application,
replacement plan application, and an on-site review of all trees planted
on the property shall be reviewed by the Code Enforcement Officer
to ensure compliance.
c.Â
No Certificate of Completion, Certificate of Approval, or Certificate
of Occupancy from the Zoning Official or Construction Official shall
be issued until all requirements of the replacement plan have been
met.
[Added 3-8-2023 by Ord.
No. 01-2023]
[Added 3-8-2023 by Ord.
No. 01-2023]
It is presumed that Significant Specimen Trees should only be removed in the most compelling and extraordinary circumstances. Removal will be permitted only after approval by a Hearing Panel, as described in Section 19-11. The loss of lot yield, building area, or profitability of developmental layout shall be deemed neither compelling nor extraordinary.
[Added 3-8-2023 by Ord.
No. 01-2023]
Whenever any application for a tree removal permit shall be
denied by the Code Enforcement Officer or his/her designee, the applicant
may appeal the denial to the Borough Administrator by filing a written
notice of appeal with the Borough Clerk within 10 days after receiving
notice of the denial. Upon receipt of the notice of appeal, the Borough
Administrator shall appoint a hearing panel consisting of three members:
the Borough Engineer, an employee of the Department of Public Works,
and any other designee of the Borough Administrator. This panel shall
proceed to hear the appeal upon notice to the applicant within 30
business days of the filing of such notice of appeal. This panel shall
have the discretion, after interviewing both the applicant and the
Code Enforcement Officer or his/her designee, to reverse, affirm,
or modify the aforesaid decision.
[Added 3-8-2023 by Ord.
No. 01-2023]
In connection with any construction, subsequent to tree clearing
but prior to the start of other construction, snow fencing or other
protective barrier acceptable to the Construction Official and/or
Borough Engineer, shall be placed around trees that are not to be
removed. The protective barriers shall be placed at the dripline or
canopy line 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 so protected
by barriers. Any landscaping activities subsequent to the removal
of the barriers shall be accomplished with light machinery or hand
labor.
[Added 3-8-2023 by Ord.
No. 01-2023]
In the event of an emergency, trees that pose an imminent public
safety hazard as determined by a NJ Certified Tree Expert or a competent
public authority (Police, Department of Public Works, Borough Engineer,
etc.), shall have the authority to have such tree removed without
requiring that the property owner first apply for a permit.
[Added 3-8-2023 by Ord.
No. 01-2023]
When regulated trees are removed without a tree removal permit,
the affected areas shall be replanted as required by the Code Enforcement
Officer or his/her designee. Any such replanting shall be in accordance
with the requirements of development regulations. Any person found
guilty of violating any of the provisions of this chapter shall be
subject to a fine not exceeding $2,000, per removed tree. Each tree
removed or destroyed in violation of this section shall be considered
a separate violation.
