[Added 8-9-2007 by Ord. No. 12-07]
The Borough Council of the Borough of Rockaway
finds that the preservation, maintenance, protection and planting
of trees aids in the stabilization of soil by the prevention of erosion
and sedimentation; reduces stormwater runoff and the potential damage
it may create; aids in the removal of pollutants from the air and
assists in the generation of oxygen; provides a buffer and screen
against noise and pollution; provides protection against severe weather;
aids in the control of drainage and restoration of denuded soil subsequent
to construction or grading; provides a haven for birds and other wildlife
and otherwise enhances the environment; protects and increases property
values; preserves and enhances the Borough's physical and aesthetic
appearance; and generally protects the public health and safety as
well as the general welfare.
The following definitions shall apply to this
article:
The Administrative Officer shall be the Borough Engineer
or his or her designee.
Any project proposed by the Borough to enhance public property
and to include tree planting, removal, replacement, maintenance and
inspection; landscaping; grading; planting of shrubbery, flowers,
and any associated amenities; or any other work necessary to enhance
the public property.
The Land Use Board.
[Amended 12-13-2012 by Ord. No. 26-12]
The removal of all standing trees on a lot or on any contiguous
area of a lot that comprises 20% or more of the lot area of the lot.
The cutting of the main trunk of a tree so that the tree
is destroyed or that such cutting will lead to its destruction, but
such cutting shall not be construed to prohibit normal pruning.
The diameter of a tree measured four 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 lawfully occupied single-family detached dwelling or
two-family detached dwelling and which property, as a result of zoning
restrictions, could not be further subdivided into two or more lots.
A small tree at least six feet or more at mature height,
such as birch, dogwood, Japanese maple, cherry, crabapple, magnolia,
Bradford pear or willow. The foregoing list is for illustrative purposes
only and shall not be deemed to exclude from the definition any tree
species not listed.
Any tree that has a DPM of eight inches or greater, and any
ornamental tree species that has a DPM of three inches or greater.
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 species that has a DPM of 24 inches or greater and
any ornamental tree species that has a DPM of eight inches or greater.
Any deciduous or evergreen tree species.
A.
No person shall cut down or remove, or permit, suffer
or allow the cutting down or removal of, any protected tree or specimen
tree, and no landowner shall suffer or allow the cutting down or removal
of any protected tree or specimen tree on the landowner's property
without first having complied with this article.
B.
No person shall conduct clear-cutting, and no landowner
shall suffer or allow clear-cutting on the landowner's property, 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 that have suffered severe damage or any tree or specimen
tree whose angle of growth or location make it a hazard to structures
or human life.
D.
Pruning or removal of any 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
pipelines.
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.
A.
Except as otherwise required by Subsection B, prior to clear cutting or the cutting down or removal of any protected tree or specimen tree that is subject to this article, a permit shall be obtained from the Administrative Officer. The application for a permit shall include a complete application form as prescribed by the Administrative Officer, which shall include the following requirements:
(1)
Name, address and phone number of the property owner.
(2)
Name, address and phone number of the applicant if
different from the owner.
(3)
Consent, in writing, of the owner if the applicant
is different than the owner.
(4)
Street address, Tax Lot and block number(s), and zoning
district of the subject premises.
(5)
A survey prepared by a professional land surveyor
of the area subject to tree removal and cutting, which shall include
a mapped inventory, by size and species, of all protected trees and
specimen trees proposed to be removed within the area subject to tree
removal and cutting and within a transition area 10 feet from the
perimeter thereof.
(6)
All review fees and escrows as established by ordinance.
B.
In lieu of the foregoing permit, any clear-cutting or the cutting down or removal of any protected tree or specimen tree that is proposed to occur in connection with any development proposal requiring major or minor subdivision approval, site plan approval or variance approval from either Board shall require the approval of that Board. In addition to the information required in Subsection A above, a tree removal application to a Board shall include the following:
(1)
A site plan under the seal of professional preparing
the same a) showing the size, location, species and condition of all
protected trees and specimen trees within the area proposed to be
disturbed and a transition area 10 feet from the perimeter thereof,
and b) identifying the protected trees and specimen trees proposed
to be removed. All tree locations shall be established by a professional
land surveyor. In lieu of the foregoing, the Board may permit a more
general identification of trees on a heavily wooded lot. Any significant
tree canopy shall be shown and shall be delineated at the dripline.
(2)
The location of all streams, watercourses and freshwater
wetlands shall be shown.
(3)
The location of all slopes of greater than 10%, as
measured between ten-foot contour lines, where any clear-cutting or
tree removal is proposed shall be shown.
(4)
Fees for services of tree experts, if required. In
cases where the services of a tree expert are required by the Board,
the cost thereof shall be borne by the applicant.
The following considerations and regulations
shall apply to the review of all applications for tree removal to
the extent applicable:
A.
No clear cutting or removal of protected trees will
be permitted if, in the opinion of the Borough Engineer, the clear
cutting or removal will impair the growth and development of the remaining
trees on the property, or on adjacent properties, impair drainage
conditions, create soil erosion, create or increase dust, or deteriorate
the property value, unless a plan is filed with and approved by the
Borough Engineer that demonstrates how the applicant will alleviate
said condition(s).
B.
No clear cutting or removal of protected trees within
25 feet from the high-water mark of a stream or watercourse shall
be permitted.
C.
The removal of greater than 50% of the protected trees
on any lot is prohibited unless warranted by the specific characteristics
of the lot under development.
D.
Clear cutting or removal of protected trees from any
slope is prohibited if it will contribute, in the opinion of the Borough
Engineer, to additional runoff of surface water onto adjoining property,
or erosion, silting or the creation of dust, unless other means approved
by the Borough Engineer are provided to prevent the occurrence of
such conditions.
E.
During major or minor subdivision review, the Board
shall be authorized to require a tree removal plan for each individual
lot that will result from the proposed subdivision. Any tree removal
restrictions shall remain in effect until a certificate of occupancy
is issued.
F.
Removal of any specimen tree shall require specific
approval by the Administrative Officer or the Board, as applicable.
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.
G.
No clear cutting or removal of protected trees is
permitted that will expose vacant land, billboards, utility substations,
transmission towers, warehouses, junkyards, landfill operations and
other similar structures or operations, except where trees are dead
or diseased and/or endanger life or property. Trees that constitute
significant screening between existing or proposed buildings on contiguous
lots or the wooded aspect of the lot as viewed from the adjacent public
road shall be retained to the best practicable extent.
H.
The clear cutting of trees is disfavored by this article
and shall only be permitted if there is no practical alternative.
A.
Prior to any site clearing, grading or disturbance
for premises subject to the provisions of this article, 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 protected trees and specimen trees that are to remain
within the approved area of disturbance.
B.
Construction equipment shall be limited to the actual
area to be disturbed, as shown on the approved plans. No construction
equipment shall be operated in such a manner as to break, tear, bruise,
decorticate or otherwise injure any protected tree or to disturb the
surrounding soil or compact it so as to injure the tree or its roots.
No soil or other material, permanent or temporary, shall be placed
within six feet of any protected tree.
C.
The applicant shall be fully responsible for any damage
caused to existing trees or other vegetation and shall also be responsible
for replacing any such damaged trees or vegetation, as well as any
trees that are removed in violation of this article. The applicant
shall be responsible for the actions and omission of the applicant's
employees, contractors and subcontractors.
Each application for tree removal shall be accompanied
by a tree replacement plan, designed in conformity to the following
guidelines:
A.
Except as provided below, the replacement trees shall
be planted on the property from which the protected trees were removed.
B.
Replacement trees shall be planted in accordance with
the following requirements:
|
Size of Protected Tree Removed
(DPM in inches)
|
Number of Replacement Trees
| |
|---|---|---|
|
At least 8, but less than 24
|
1
| |
|
At least 24, but less than 31
|
5
| |
|
At least 31, but less than 40
|
7
| |
|
40 or greater
|
10
|
C.
In the case of clear cutting, trees shall be replaced in accordance with the following schedule; provided, however, that all specimen trees within the clear-cut area shall be replaced as provided in Subsection B above.
|
Number of Trees to Be Removed
|
Percentage of Trees Required to Be Replaced
| |
|---|---|---|
|
100 or more
|
70%
| |
|
75 to 99
|
50%
| |
|
Less than 75
|
30%
|
D.
All replacement trees shall be of nursery-grade quality,
balled and burlapped and not less than 2 1/2 inches to 3 inches
DPM. Except as otherwise approved or suggested by the Borough Engineer,
replacement trees shall be consistent with the species removed from
the site and shall be planted in accordance with accepted nursery
practice.
E.
In the event that replacement of trees is required
in connection with a subdivision or site plan and the tree replacement
is not included in a performance bond for a subdivision or site plan,
the applicant 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 (including installation),
as determined by the Borough Engineer. The bond shall require the
tree replacement to be accomplished within a fixed period of time
established by the Borough Engineer and authorize the Borough to take
any of the money and make the replacement should the applicant 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.
If, in the opinion of the Borough Engineer, sufficient
space is not available on the subject property, the applicant, under
the direction of the Borough Engineer, shall be required to plant
replacement trees on other lands owned by the applicant within the
Borough, on Borough park lands, within public street rights-of-way,
or any combination thereof. If said locations cannot be identified,
the applicant shall make a cash contribution to the Borough for the
purpose of planting or other beautification projects on public property
within the Borough at such locations as the Borough Engineer or the
Mayor and Council deems appropriate. Such cash contribution shall
be based upon a replacement cost (including all installation-related
costs) estimate prepared by the Borough Engineer but shall in no event
be less than $200 per tree to be planted.
