[HISTORY: Adopted by the Mayor and Council of the Borough
of Folsom 3-8-2022 by Ord. No. 04-2022.[1] Amendments noted where applicable.]
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.
It is recognized that there is a strong interrelationship between
the integrity of the Borough's water resources, development on
steep slopes, tree removal, soil disturbance, stormwater management
and the general use of land resources. Fewer trees throughout the
Borough also correlates with increased air pollution. Therefore, the
governing body finds that the appropriate management of these resources
is an important health, safety and general welfare concern. Managing
the Borough's tree resources is consistent with the state-approved
community forestry management plan, N.J.S.A. 13:1L-17.1 et seq. The
appropriate management guidelines for tree preservation to be utilized
are:
(1)
The American National Standard, ANSI A300;
(2)
Trees and Development: A Technical Guide to Preservation of Trees
During Land Development, Nelda Matheny and James R. Clark;
(3)
Penn State Guide to Tree Preservation during Construction; and
(4)
Pinelands Comprehensive Management Plan (N.J.A.C. 7:50-6.41 to 7:50-6.48).
B.
Trees are declared to be an important cultural, ecological, scenic
and economic resource. Proper management of this resource will ensure
its maintenance and result in economic returns. To that end, it shall
be unlawful to cut down, damage, poison or in any other manner destroy
or cause to be destroyed any trees covered by this chapter, except
in accordance with the provisions of this chapter.
C.
The enforcement of this chapter shall be the duty of the Zoning Officer
of the Borough of Folsom.
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 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.
The removal of all standing trees on a lot or portion of
a lot larger than 5,000 square feet.
The diameter of a tree measured four feet above the uphill/highest
side.
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.
The advisory commission established in Chapter 22 of this Code.
The detachment and movement of soil or rock fragments by
water, ice, wind and gravity.
A license issued by the Borough to remove or destroy a tree.
Tree roots within the dripline perimeter.
The advisory commission established in Chapter 59 of this Code.
Any woody perennial plant having a diameter greater than
eight inches measured at a point four feet above the ground.
Shall refer to any person or organization seeking to remove
or alter trees in the Borough.
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.
A.
A permit shall not be required under this chapter for any of the
following:
(1)
Any tree cut on a parcel of land of one acre or less in size on which
a residence has been constructed.
(2)
Any tree cut on property actually being used as a nursery, garden
center, Christmas tree plantation, orchard or active farm.
(3)
Any tree located on publicly owned land or public rights-of-way and
removed by the public agency or its representatives.
(4)
Any dead or dying trees hazardous to human life.
(5)
Any tree located within the public right of way as shown on a subdivision
map approved by the Borough of Folsom Land Use Board after consultation
within the Borough Engineer.
(6)
Any tree located in an area to be occupied by a building, driveway,
patio, pool or sports court as shown on a plan approved by the Borough
of Folsom Land Use Board in connection with an application for subdivision
or site plan approval; or any tree located in an area to be occupied
by a building, driveway, patio, pool or sports court as shown on a
plan approved by the Borough Engineer for a permit related to a single-family
lot pursuant to the Grading, Drainage, Soil Erosion and Sediment Control
Ordinance.
(7)
Any dead, diseased or other tree cut to avoid or prevent the endangering
of life or property in the interest of public safety, or to protect
the health of surrounding trees.
(8)
Any tree that negatively impacts a septic field.
(9)
Any tree needed to be cleared for installation of solar panels.
B.
The clearing of trees from more than 5,000 square feet shall be the
subject to the requirements of this chapter and shall not be considered
an exception pursuant to this section.
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.
A.
Any person wishing to obtain a tree removal permit shall make application to the Borough Clerk by filing a written application and paying such fees as are set forth in § 170-6.
B.
The application shall identify the lot or tract of land upon which
the tree or trees are located; shall disclose the name and address
of the owner or duly authorized agent of the owner; shall set forth
the reasons for requesting a permit to cut or remove same; and shall
acknowledge who owns the tree or trees and shall indemnify and hold
the Borough harmless against any and all liability, damages and costs
resulting from or arising out of the applicant's cutting or removal
of any tree or trees. The applicant shall attach to the application
a survey or other document satisfactory to the Zoning Officer which
accurately sets forth the location of the tree or trees and evidence
of the ownership itself.
C.
The Zoning Officer shall review the application which shall upon filing be deemed to constitute consent from the applicant to the Zoning Officer and/or such person or persons as he/she may, in writing, designate for entry upon the land for the purpose of inspection and to any members of the Shade Tree Commission and Environmental Commission. In reviewing any such application, the Zoning Officer may in his/her discretion consult the Shade Tree Commission, the Borough Engineer, and the Environmental Commission and such landscape architect or geologist as he/she may deem necessary or advisable. Except as otherwise hereinafter provided in Subsection D within 20 business days excluding Saturdays, Sundays and legal holidays from the filing of an application hereunder, the Zoning Officer shall endorse his/her decision upon the application, and in case of partial or complete disapproval, shall set forth the basis for such decision. In addition, where appropriate, the Zoning Officer shall indicate on such application guidelines and preventive measures to be taken to preserve from injury or destruction trees not sought to be removed. Among the conditions which the Zoning Officer may impose on a permit are the requirement of a performance bond in the amount of the value of the trees to be preserved as appraised by a New Jersey certified tree expert, which bond shall be released upon issuance of a certificate of occupancy, and the requirement of replanting trees or shrubs if trees which provide buffer, reduce soil erosion, or serve other purposes consistent with the provisions of §§ 170-1 and 170-2 are to be removed. Any application approved, in whole or in part, shall automatically become a permit in accordance with the terms of the endorsement. Any permit not acted upon within three months from the date of such approval shall automatically expire.
D.
Upon the filing of any application for the removal of trees located on any lot or tract for which an application for a building permit or subdivision or site plan review is required to be submitted to the Construction Code Official, the Borough of Folsom Land Use Board and the applicant shall furnish the Zoning Officer with a copy of the building permit application or subdivision plat or site plan. The Zoning Officer may withhold his/her endorsement pending receipt of written notice of official action with respect to such building permit, subdivision plat or site plan application. Within 20 business days, excluding Saturdays, Sundays and legal holidays, of the receipt of such notice, the Zoning Officer shall act upon the application as provided in the preceding Subsection C.
E.
Tree removal permit applications shall be filed in the Borough Clerk's office and shall be completed in full. The application must be deemed complete and all required fees, as set forth in § 170-6, be paid prior to review.
F.
The applicant shall notify, by certified mail, return receipt requested,
and produce evidence of such notification, all property owners within
200 feet of lands which are the subject of this application, which
notice shall include the nature of the application, the number of
acres involved, the location of the property and the date of any hearing
required by the application.
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.
A.
Any tree used in a required planting must be at least 2 1/2
inches caliper in diameter (for deciduous trees) or at least six feet
in height (for evergreen trees) and must be nursery stock, balled
and burlapped and guaranteed for two years from the date of planting.
B.
The removed tree must be replaced according to the table below that
is dependent on the diameter measured at a point four feet above the
ground of the existing tree that would be removed. If in the discretion
of the Zoning Officer and/or the Shade Tree Commission and Environmental
Commission, due to available space, species of trees and/or required
space between planting, a lesser number would be appropriate, the
Zoning Officer, Shade Tree Commission and Environmental Commission
may grant a downward adjustment.
|
Diameter of Existing Tree
(inches)
|
# of Replacement Trees
|
Diameter of Existing Tree
(inches)
|
Number of Replacement Trees
|
|---|---|---|---|
|
From 10 to 11
|
1
|
From 28 to 30
|
7
|
|
From 12 to 16
|
2
|
From 31 to 33
|
8
|
|
From 17 to 18
|
3
|
From 34 to 36
|
9
|
|
From 19 to 21
|
4
|
From 37 to 39
|
10
|
|
From 22 to 24
|
5
|
From 40 to 42
|
11
|
|
From 25 to 27
|
6
|
From 43 and greater
|
12
|
C.
In lieu of providing a replacement tree, the owner of real property
may contribute $250 per replacement tree to the Borough of Folsom
with such funds to be used for tree replacement.
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.
A.
A violation of any of the provisions of this chapter shall forthwith
render any permit authorized and issued hereunder null and void.
B.
Violation of any provision of this chapter shall, upon conviction
thereof, be punished by a minimum fine of $100 or a maximum of $2,000
or by imprisonment for a term not exceeding 90 days or by a period
of community service not exceeding 90 days. Each and every violation
shall be considered a separate violation. Any person who is convicted
of violating the provisions of this chapter within one year of the
date of a previous violation and who was fined for the previous violation
may be sentenced by the Court to an additional fine as a repeat offender.
The additional fine imposed as a repeat offender shall not be less
than the minimum or exceed the maximum fine provided herein, and same
shall be calculated separately from the fine imposed for the violation
of this chapter.
C.
For purposes of this chapter, each day on which a violation exists
shall be deemed or constitute a separate offense and separate complaints
may be filed for each such offense.
