The intent of this chapter is to regulate and prevent indiscriminate
clear-cutting of trees, ensure proper tree management by commercial
and private entities, prevent soil degradation erosion and sedimentation,
decreased fertility of the soil, increased buildup of atmospheric
carbon and increased dust tending to impact the character and aesthetic
value of the Borough and decrease property values, stream encroachment
and other adverse effects upon the environment.
A permit shall be obtained pursuant to the provisions of this
chapter for approval of any removal of five trees or more measuring
16 inches or greater in diameter and removal of 10 trees or more measuring
eight inches or greater in diameter upon 5,000 square feet or greater.
A permit shall be obtained by the owner or contractor of the premises
or his authorized agent so designated by notarized affidavit.
As used in this chapter, the following terms shall have the
meanings indicated:
CALIPER
Caliper is a type of diameter measurement used in the nursery
industry. The height measurement shall be taken from ground level
for field-grown stock and from the soil line for container-grown stock,
which should be at or near the top of the root flare. Caliper measurement
of the trunk shall be taken six inches above the top of root flare
up to and including four inch caliper size. If the caliper at six
inches above the ground exceeds four inches, the caliper should be
measured at 12 inches above the top of root flare. Seldom are tree
trunks perfectly round. The most accurate measurements will result
from the use of a diameter tape. Caliper measurements taken with manual
or electronic slot or pincer-type caliper tools should be the average
of the smallest and largest measurements.
CLEAR-CUTTING
The removal of all standing trees on a lot or portion of
a lot larger than 5,000 square feet.
DRIPLINE
The circular area surrounding a tree, the radius of which
area shall be the distance from the trunk of the tree to the outermost
branch of the tree.
EROSION
The detachment and movement of soil or rock fragments by
water, ice, wind and gravity.
PERMIT
A license issued by the Borough to remove or destroy a tree.
TREE
Any woody perennial plant having a diameter greater than
eight inches measured at a point four feet above the ground.
TREE REMOVAL APPLICANT
Shall refer to any person or organization seeking to remove
or alter trees in the Borough.
TREE REMOVAL PERMIT
The permit issued by the Borough or its designee to remove or destroy a tree or to place machinery, material or temporary soil deposit or regrade soil within the dripline of any tree. All provisions of this chapter shall apply to any person removing trees on behalf of any other person, including all tree removal construction companies or persons in the business or removing trees or construction. It shall be unlawful for any person or company to remove or cause to be removed any tree or undertake any work for which a permit if required pursuant to this chapter unless a valid permit therefore is in effect and is displayed in accordance with the provisions set forth in §
170-8; such removal or work shall constitute a violation of this section and shall subject the person or company violating this section to all penalties provided herein.
The Zoning Officer shall issue the Borough tree removal permit,
subject to the following conditions:
A. The property owner will be responsible for the full cost of the tree,
stump and debris removal.
B. The Borough shall be held harmless and indemnified from any damage
or costs incurred as a result of the tree removal. A properly executed
hold harmless and indemnification agreement shall be filed with the
tree removal permit application.
C. The tree removal shall be conducted by a fully insured tree removal
contractor with a certificate of insurance naming the Borough as an
additional insured in the amount of $1,000,000 Commercial General
Liability ("CGL") submitted with the application.
D. The tree removal contractor shall comply with all state, OSHA and
ANSI line clearance standards.
E. The tree removal contractor shall notify the Borough Engineer prior
to the temporary closing of any street required for the safe removal
of a Borough tree and shall receive the written approval of the Police
Engineer.
F. Each applicant for a permit to remove a Borough tree shall pay a
permit fee of $25 for removal of less than five trees and $100 for
removal of five trees or more.
An applicant shall have the right to appeal any denial of a
Borough tree removal permit to the governing body.
A. The appeal shall be submitted, in writing, within 14 days of the
decision of the Zoning Officer.
B. The governing body may seek the advice of the Environmental Commission,
the Shade Tree Commission and the Borough Engineer or such other experts
as it deems appropriate.
C. The governing body shall, within 45 days of the filing of the appeal,
adopt a resolution that either affirms the denial being appealed or
directs the Zoning Officer to issue the permit for removal with whatever
conditions the governing body deems appropriate.
Upon receipt of an application for cutting or removal of streets,
the Zoning Officer, and/or his/her designee, and/or members of the
Shade Tree Commission and/or members of the Environmental Commission
shall inspect the site on which are located the tree or trees sought
to be cut or removed or otherwise protected within the intent of this
chapter and the drainage and other physical conditions existing on
the subject property and adjoining properties. The Zoning Officer
shall consider the following factors in deciding whether to issue
such permit:
A. Whether the proposed cutting or removal would impair the growth and
development of the remaining trees on the applicant's property
or adjacent property.
B. Whether the proposed cutting or removal would adversely change existing
drainage patterns impacting neighboring properties.
C. Whether the proposed removal would allow soil erosion or increase
dust.
D. Whether the proposed removal would constitute a significant change
in the screening between existing or proposed buildings on contiguous
lots or would change the wooded aspect of the lot as viewed from the
adjacent public road.
E. Whether the proposed removal would constitute a horticulturally advantageous
thinning of an existing overgrown area.
F. Whether the overall effect of removal of such tree or trees on the
physical and aesthetic value of the property and the neighborhood.
G. Whether the area where such tree or trees is located will be occupied
by a building or structure, a driveway or recreation area, a roadway,
a drainage right-of-way, or a sewer line, or whether such area is
within 20 feet of any of the foregoing.
H. Whether existing conditions or proposed changes in the topography
of the area where such tree or trees are located have depressed land
configuration or fill or land which shall be deemed injurious to the
trees or other trees located nearby so as to require welling, construction
of an aerification system, or tree removal or replacement.
I. Whether the presence of the tree or trees is likely to cause hardship
or will endanger the public or any adjoining property owner by reason
of it being diseased or dead or for some other adequate reason within
the intent of this chapter.
All permits issued pursuant to this chapter shall be valid for
a period of one year from the date of approval by the Borough. Any
alteration or deviation from the cutting plan authorized in the permit
shall require a new application and approval prior to undertaking
the same. In the event that the applicant shall alter or deviate from
the approved cutting plan, the permit shall forthwith be rendered
null and void. Permits issued pursuant to this chapter are nontransferable.
This chapter shall be enforced by the Zoning Officer or such
Borough officials as are designated by resolution. Nothing contained
herein shall be deemed to restrict or impede enforcement of any power
or authority granted to the New Jersey State Department of Environmental
Protection, Division of Parks and Forestry, Bureau of Forestry, for
enforcement of N.J.S.A. 13:9-1 et seq., state forest fire laws and
regulations or any other statute of regulation.