[HISTORY: Adopted by the Mayor and Council
of the Borough of Mendham as indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-17-2000 by Ord. No. 5-00]
The Mayor and Council of the Borough of Mendham
has found that tree conservation will help secure safety from flood,
promote a desirable visual environment, promote conservation of valuable
natural resources and prevent degradation of the environment. Therefore,
the borough desires in this article to regulate and control indiscriminate
and excessive cutting of trees within the borough. In conjunction
with an application for site plan approval or major or minor subdivision
approval, the chapter further intends to preserve the maximum possible
number of trees in the course of development of a site, to protect
older specimen trees and to encourage careful site design and grading
to promote the preservation of existing trees.
As used in this article, the following terms
shall have the meanings indicated:
The municipal agency, either the Planning Board or Zoning
Board of Adjustment.
The removal of all standing trees on a lot or portion of
a lot.
The diameter of a tree measured 4 1/2 feet above the
ground level for existing trees to be surveyed in the field. On sloped
terrain, such measurement shall be made on the downhill side. Diameter
at point of measurement may appear in this article as the abbreviation
"DPM."
An imaginary ground line around a tree that defines the limits
of the tree canopy.
A preexisting lot located within a zone permitting single-family
detached dwellings or two-family detached dwellings upon which is
constructed a single-family detached dwelling or two-family detached
dwelling or upon which it is proposed to construct one single-family
detached dwelling or one two-family detached dwelling, and which property
as a result of zoning restrictions could not be further subdivided.
The management of any wooded tract of land to ensure its
continued survival and welfare, whether for commercial or noncommercial
purposes, pursuant to a plan approved by the New Jersey Bureau of
Forestry.
Any tree which has a DPM of 24 inches or greater.
Any tree species which has a DPM of eight inches or greater.
No person shall cut down or remove or permit,
suffer or allow the cutting down or removal of any tree or specimen
tree without first having complied with this article.
The following shall be exempt from the provisions
of this article:
A.
Commercial nurseries and fruit tree orchards.
B.
Christmas tree plantations.
C.
Removal of trees which are dead, dying or diseased,
or trees or specimen trees which have suffered severe damage, or any
tree or specimen tree whose angle of growth or location make them
a hazard to structures or human life.
D.
Pruning or removal of any tree or specimen tree growing
on or over a public right-of-way or public property by an appropriate
authority or authorized utility company for maintenance of utility
wires or pipe lines.
E.
Homestead lots.
F.
Projects which, prior to the effective date of this
article, have received preliminary or final major subdivision, minor
subdivision or site plan approval. Amendments to said approvals subsequent
to the effective date of this article shall be subject to the provisions
of this article.
G.
Silviculture.
Prior to the cutting down or removal of any
tree or specimen tree which is subject to this article, a permit shall
be obtained from the Borough Administrator. The application for a
permit shall include a completed application form as prescribed by
the Borough Administrator which contains:
A.
Name, address and phone number of property owner.
B.
Name, address and phone number of applicant if different
from owner.
C.
Consent in writing of owner if applicant is different
than owner.
D.
Street address and tax lot and block numbers of premises.
E.
A mapped inventory of all trees and specimen trees
by size and species within the area subject to tree removal and cutting
and within a transition area 10 feet from the perimeter thereof. Any
significant tree canopy shall be delineated at the drip line.
F.
All review fees and escrows as established by ordinance.
When the application for a tree removal permit
is submitted in conjunction with an application for major subdivision
or site plan approval or minor subdivision approval, the following
standards, in addition to the above application requirements, shall
apply:
A.
A diagram of lot or parcel of land specifically showing
the size, location and species of all trees and specimen trees within
the disturbed area and a transition area 10 feet from the perimeter
thereof shall be submitted to the Board. Any significant tree canopy
shall be shown and shall be delineated at the drip line.
B.
The location of all streams, watercourses and freshwater
wetlands shall be shown. No trees or specimen trees within 25 feet
from the center line of a stream or watercourse shall be removed except
as may be necessary to construct a driveway, roadway or utility, in
which case the Board may issue a waiver of this requirement.
C.
The location of all slopes of greater than 10%, as
measured between ten-foot contour lines, where any tree removal is
proposed shall be shown.
D.
Removal of any specimen tree shall require specific
approval by the Board. All efforts shall be made by the applicant
to preserve specimen trees, including, if necessary, plan changes
to relocate utilities, driveways, roadways, buildings and other site
improvements.
E.
In the event that the development of a property requires
the removal of an excessive number of trees or specimen trees due
to unique site characteristics or natural features or, in the event
that there is removal of trees through error, the Board shall have
the authority to require the replacement of trees in accordance with
the following schedule:
|
Replacement of Trees
| ||
|---|---|---|
|
Percentage of Trees Removed
|
Percentage of Trees Removed to be Replaced
with Replacement Trees
| |
|
80% to 100%
|
70%
| |
|
60% to 79%
|
50%
| |
|
40% to 59%
|
30%
| |
|
20% to 39%
|
20%
| |
|
Less than 20%
|
10%
| |
|
Replacement of Specimen Trees
| ||
|---|---|---|
|
Existing Specimen Tree to be Removed
(inches)
|
Number of Replacement Trees
| |
|
24 to 30
|
5
| |
|
31 to 36
|
6
| |
|
37 to 40
|
9
| |
|
41 or greater
|
10
| |
|
All replacement trees shall be of No. 1 nursery
grade quality, northern grown, balled and burlapped and not less than
3 inches to 3 1/2 inches DPM. Replacement trees shall be consistent
with the type and species removed from the site and shall be planted
in accordance with accepted nursery practices. In the event that replacement
of trees is required, and the tree replacement is not included in
a performance bond for a subdivision or site plan, the developer shall
be required to post a cash bond or letter of credit in a form approved
by the Borough Attorney and in an amount which shall be 120% of the
replacement cost of the trees, as determined by the Borough Engineer.
The bond shall require the tree replacement to be accomplished within
a certain period of time and authorize the borough to take any of
the money and make the replacement should the developer fail to make
the replacement within the time specified. The bond shall continue
in effect for at least two years after the replacement to assure that
the replacement tree(s) shall survive the initial growing season.
|
F.
Prior to any site clearing, grading or disturbance
for premises subject to the provisions of this section, the applicant
shall delineate, with snow fence, all areas which are to remain undisturbed
and shall individually flag or mark to the satisfaction of the Borough
Engineer all trees or specimen trees which are to remain within the
area of disturbance as approved by the Board. The clear cutting of
trees is disfavored by this article and shall only be permitted if
there is no practical alternative and only if such cutting is specifically
approved by the Board.
G.
The applicant shall provide evidence to the Board
that the method of disposal of removed trees, stumps, toppings and
slash is consistent with all applicable laws and borough ordinances.
H.
The applicant shall demonstrate compliance in all tree removal applications with the provisions of the Mendham Borough Code, Article XI, § 195-44H, Environmental considerations.
I.
During major or minor subdivision review, the Board
shall be authorized to require a tree removal plan for each individual
lot which will result from the proposed subdivision. Any tree removal
restrictions shall remain in effect until a certificate of occupancy
is issued.
[Adopted 12-6-2010 by Ord. No. 14-10]
The following terms, whenever used or referred to in this article,
shall have the following respective meanings for the purposes of this
article, unless a different meaning clearly appears from the context.
Trees, shrubs, bushes, and all other woody vegetation on
land lying between property lines on either side of all streets, avenues,
or ways within the Borough.
Trees, shrubs, bushes and all other woody vegetation in public
parks having individual names, and all areas owned by the Borough,
or to which the public has free access as a park.
The severe cutting back of limbs to stubs larger than three
inches in diameter within the crown of a tree to such a degree so
as to remove the normal canopy and disfigure the tree.
The type of street tree species to be planted shall only be
those tree species recommended by Rutgers University in their street
trees for New Jersey publication. A copy of said publication shall
be on file with the Borough Clerk's office. No species other than
those included in the aforesaid publication list may be planted as
street trees without written permission of The Borough of Mendham
Shade Tree Advisory Committee.
The spacing of street trees shall be in accordance with the
three species as listed in the most current "Trees for N.J. Streets
Manual" published by Rutgers University and the New Jersey Shade Tree
Foundation, presently the Fifth Revision, 2007, which is on file with
the Borough Clerk; or in the alternative, special plantings approved
by the Shade Tree Advisory Committee or Superintendent of Public Works.
The distance trees may be planted from curbs or curb lines and sidewalks will be in accordance with the three species size classes referred to in § 202-9, and no trees may be planted closer to any curb or sidewalk than the following:
No street tree may be planted closer than 35 feet to any street
corner, measured from the point of nearest intersecting curbs or curb
lines. No street tree shall be planted closer than 10 feet of any
fireplug.
No street trees other than those species listed as small trees in § 202-8 of this article may be planted under or within 10 lateral feet of any overhead utility wire, or over or within five lateral feet of any underground water line, sewer line, transmission line or other utility. Other size trees may be planted providing the expressed consent of the DPW and Shade Tree Advisory Committee along with conditions required for such trees.
A.
The Borough shall have the right to plant, prune, maintain and remove
trees, plants and shrubs within the lines of all streets, alleys,
avenues, lanes, squares and public grounds, as may be necessary to
ensure public safety or to preserve or enhance the symmetry and beauty
of such public grounds.
B.
The Borough of Mendham Shade Tree Advisory Committee may remove or
cause or order to be removed any tree or part thereof which is in
an unsafe condition or which by reason of its nature is injurious
to sewers, electric power lines, gas lines, water lines, or other
public improvements, or which is affected with any injurious fungus,
insect or other pest. This section does not prohibit the planting
of street trees by adjacent property owners providing that the selection
and location of said trees is in accordance with this article.
It is unlawful as a normal practice for any person, firm, or Borough department to top any street tree, park tree, or other tree on public property, as defined in § 202-7 of this article. Trees severely damaged by storms or other causes or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this article by a determination of the Borough of Mendham Shade Tree Advisory Committee.
A.
Every owner of any tree which overhangs any street or right-of-way
within the Borough shall prune the branches so that such branches
do not obstruct the light from any street lamp or obstruct the view
of any street intersection and so that there shall be a clear space
of eight feet above the surface of the street or sidewalk.
B.
Said owners shall remove all dead, diseased or dangerous trees, or
broken or decayed limbs which constitute a menace to the safety of
the public. The Borough shall have the right to prune any tree or
shrub on private property when it interferes with the proper spread
of light along the street from a street light or interferes with visibility
of any traffic control device or sign or if it interferes with essential
snow plowing.
A.
The Borough shall have the right to remove any dead or diseased tree
on private property within the Borough if said tree constitutes a
hazard to life and/or property, and/or harbors insects or diseases
which constitute a potential threat to other trees within the Borough.
B.
The Borough of Mendham Shade Tree Advisory Committee will notify
in writing the owners of such trees. Removal shall be done by said
owners at their own expense within 60 days after the date of service
of notice or sooner if there is an immediate threat to public health
and safety. In the event of failure of owners to comply with such
provisions, the Borough shall have the authority to remove such trees
and include the cost of said removal on the owner's property tax notice.
All stumps of street and park trees shall be removed below the
surface of the ground so that the top of the stump shall not project
above the surface of the ground.
It shall be unlawful for any person to prevent, delay or interfere
with the Borough of Mendham Shade Tree Advisory Committee, or any
of its agents, while engaging in the planting, cultivating, mulching,
pruning, spraying, or removing of any street trees, park trees, or
trees on private grounds, as authorized in this article.
It shall be unlawful for any person or firm to design or plan
for pruning, treating, or removing street or park trees within the
Borough without maintaining a state arborist license or approval by
the DPW Superintendent providing it is consistent with the "Trees
for New Jersey Streets Manual."
The Borough Mayor and Council shall have the right to review
the conduct, acts and decisions of the Borough of Mendham Shade Tree
Advisory Committee. Any person may appeal from any ruling or order
of The Borough of Mendham Shade Tree Advisory Committee to the Borough
Mayor and Council, who may hear the matter and make final decision.
Any person violating any provision of this article shall be,
upon conviction or a plea of guilty, subject to a fine not to exceed
$250.
