[Adopted 11-8-1999 by Ord. No. 1679]
The Mayor and Council of the Borough of Ridgefield
hereby find and determine as follows:
A.
There is a direct relationship between the preservation
of and planting of trees in populated areas and the health, safety
and welfare of residents.
B.
Trees are related to natural, scenic and aesthetic
values and promote a desirable visual environment which the Borough
desires to protect.
C.
Trees reduce noise, produce oxygen and reduce carbon
dioxide gases in the air, help to improve air quality, provide wildlife
and bird habitat and otherwise create a pleasant atmosphere in the
Borough.
D.
Trees stabilize the soil and help to reduce water
and wind erosion, thereby reducing water pollution.
E.
Trees also yield advantageous climatic effects through
shade and transpiration, thereby reducing human energy consumption.
F.
The preservation of trees promotes the retention of
valuable nature resources in the Borough.
G.
The destructive and indiscriminate removal of trees
causes increased Borough costs for control of stormwater runoff, impairs
the benefits of occupancy of existing residential properties, impairs
the stability and value of both improved and unimproved real property
in the area of destruction, and adversely affects the health, safety
and general welfare of residents of the Borough.
H.
In order to provide protection for trees against destructive
practices and indiscriminate and excessive removal practices, this
Part 12 establishes minimum standards for the protection of and preservation
of trees within the Borough.
I.
Slowing the loss of trees will result in a decrease
in soil erosion, drainage problems, carbon dioxide buildup and noise
pollution.
As used in this Part 12, the following terms
have the following meanings:
The owner or leasee of real property or duly authorized agent.
The diameter of a tree measured at a point on the tree four
feet above the ground level or, in the case of a remaining stump,
the diameter of the top of the remaining stump.
A line connecting the tips of the outermost branches of a
tree projected vertically to the ground.
The Environmental Commission of the Borough of Ridgefield
established pursuant to N.J.S.A. 40:56A-1 et seq., and with the powers
provided by 40:55D-27.[1]
The natural growing characteristics of any trees, which include
branch spread and distribution, dripline, branch height above ground
and root spread and distribution.
Any individual, firm, partnership, corporation, association,
public utility or organization of any kind, or agent thereof.
A tree located on public property owned by the Borough of
Ridgefield, the County of Bergen or the State of New Jersey.
All improved and unimproved privately owned real property
within the Borough of Ridgefield. Land owned by the Borough of Ridgefield,
the County of Bergen or the State of New Jersey is excluded.
A living deciduous or coniferous tree which has attained
a height of at least 25 feet or a DPM of at least eight inches prior
to any pruning, limb removal, topping or other such activity.
A low, usually several-stemmed woody plant.
Any cutting, pruning of a tree or the alteration of the habitat
of a tree which impairs, destroys or endangers the life of such tree
or its natural symmetry.
Any living, woody perennial plant and its root system.
This Part 12 shall apply to construction of
new buildings, any major or minor subdivision or any individual lot.
A.
No person shall do any of the following acts to any
trees within the jurisdiction of this Part 12 without first obtaining
a permit from the Construction Code Official of the Borough of Ridgefield:
(1)
Remove more than two trees eight feet or greater without
first obtaining a permit from the Building Department.
(2)
Excavate within two feet of a tree greater than eight
inches.
(3)
Pile soil in excess of eight inches above the base
of a tree.
(4)
Allow trees or shrubbery in private property to obstruct
walkways or streets and obscure the vision of persons using same.
B.
Owners of properties shall:
(1)
Prune trees in such a manner that branches will hang
not less than eight feet over sidewalks.
(2)
Prune shrubbery in such a manner to prevent branches
from obstructing, hindering or harming pedestrians on the Borough
right-of-way and/or sidewalks.
(3)
During construction, ensure for the proper care of
existing trees upon private as well as Borough right-of-way.
C.
All new construction or substantial renovation shall
be subject to the above regulations. Upon receiving a building permit,
the builder and/or property owner will cooperate with the Ridgefield
Environmental Commission.
D.
Any new structure, home, business, industry or substantial
improvement to existing structures will not be complete and ready
for a certificate of occupancy until the requirements of this Part
12 have been met.
A.
Notwithstanding the restrictions contained in § 390-235 hereof, the following activities shall be specifically permitted with respect to trees on private real property:
(1)
The cutting, pruning or trimming of trees in a manner
which is not harmful to the health of the tree and will not endanger
the tree's continued vitality.
(2)
The cutting, destruction or removal of trees which
are diseased or dead or which endanger public safety or threaten damage
to private property.
(3)
The cutting or removal of trees in accordance with
a landscape plan as a part of a subdivision or site plan application
approved by the Planning Board or Board of Adjustment in conjunction
with subdivision or site plan approval; provided, however, that the
cutting or removal of trees shall not commence until all conditions
of approval by the Planning Board or Board of Adjustment have been
satisfied and an appropriate removal permit is issued.
(4)
The cutting or removal of a tree(s) may be necessary
to construct any structure or improvements for which a building permit
has been issued by the Borough Construction Code Official, including,
but not limited to, a building permit issued in conjunction with subdivision
or site plan approval.
(5)
The cutting, removal or destruction of any tree pursuant
to an order or directive of any municipal, state or federal court
or any governmental agency.
B.
However, no person shall do the following acts to
any regulated, public or private trees without first obtaining a permit
from the Construction Code Official of the Borough of Ridgefield:
(1)
Excavate within two feet of a tree.
(2)
Pile soil in excess of 6 inches above the base of
a tree.
(3)
Allow trees or shrubbery on private property to obstruct
walkways, sidewalks and/or streets and obscure vision of persons using
the same.
(4)
Remove more than two trees eight inches or greater.
(5)
Permit trees and/or branches to extend over public
sidewalks less than eight feet above the ground.
The provisions of this Part 12 shall not apply
to the following:
A.
Notwithstanding anything to the contrary which may be set forth in this § 390-237, prior to cutting, destroying or removal of any regulated tree situated on private real property within the Borough of Ridgefield which is or is to be the subject of a subdivision, site plan or other developmental application before the Planning Board or Board of Adjustment, the owner or developer of such private real property shall file with the Planning Board or Board of Adjustment at the time any such developmental application is filed an application or a tree removal permit.
B.
An application for a tree removal permit shall include
the following information:
(1)
Name and address of the applicant.
(2)
Date of the application.
(3)
Description of the subject property, including lot
and block numbers.
(4)
A specifically described location of the regulated
tree or trees proposed for removal, including a graphic description
thereof drawn to scale.
(5)
The purpose or reason for the proposed tree cutting
or removal.
(6)
The location of all structures and improvements on
the property shown in relation to the proposed trees to be removed,
including building foundation, garages, driveways and other paved
areas, outbuildings, swimming pools and tennis courts.
(7)
The tree species, size, quantity and diameter at point
of measurement (DPM).
(8)
The proposed date or dates for commencement and completion
of the tree removal project.
(9)
The name and address of the person having express
charge, supervision and/or control of the proposed removal or trees.
(10)
A grant of express, written permission to Borough
officials, employees and consultants and members of the Environmental
Commission to enter upon the property to inspect the trees to be removed
and to inspect the tree removal project as the work is in progress.
A.
Filing of application; grant or denial of permit.
(1)
Any applicant seeking minor subdivision approval,
major subdivision approval or site plan shall file, together with
any and all applications and plans as may be required by the Land
Use Ordinances of the Borough of Ridgefield, an application for a
permit for removal of regulated trees as hereinabove set forth.
(2)
A completed application for regulated tree removal
shall be forwarded by the enforcing agent of the Borough of Ridgefield.
The Environmental Commission shall have a period of 31 days from receipt
of a completed application to make a report and recommendation to
the Planning Board or Board of Adjustment pursuant to its powers established
under N.J.S.A. 40:55D-27. The Environmental Commission shall also
have the power to request the applicant to appear at a public meeting
so that it may inquire as to any aspect of the application before
its report and recommendation to the Planning Board or Board of Adjustment.
However, the decision and determination to grant or deny the tree
removal permit shall be that of the Planning Board or Board of Adjustment
and shall be made in the context of the proceedings on the developmental
application filed with the Board.
(3)
In the event that the Environmental Commission does
not issue a report and recommendation within said thirty-one-day period,
the Planning Board or Board of Adjustment may proceed with its decision
and determination in the absence of any such report and recommendation.
B.
Criteria for review of application. The evaluation
of said application by the Planning Board or Board of Adjustment,
as well as the report and recommendation of the Environmental Commission,
shall be based on the following criteria:
(1)
The necessity of the removal of the regulated tree
for the project in question in the context of the development proposed.
(2)
The condition of the tree with respect to diseases
and safety hazards.
(3)
The affect of the tree removal on ecological systems.
(4)
The aesthetic and environmental character existing
at the site of the proposed regulated tree removal with respect to
existing vegetation on the property, the immediate vicinity and the
general area.
A.
As part of its review and approval process, the Planning
Board or Board of Adjustment may require the applicant to replace
regulated trees where their removal has been permitted in connection
with proposed development. Further, the Planning Board or Board of
Adjustment may require that the replacement trees have heights of
at least eight feet at the time of the planting and be planted in
accordance with the following schedule:
(1)
A deciduous tree shall be replaced by a tree or trees
the species of which either is identical to the tree being removed
or is otherwise referred to the United States Conservation Services
as compatible with the soil type, or a coniferous tree. A coniferous
tree shall be replaced by a similar coniferous tree. All replacement
trees shall have a diameter breast height (DBH) of 2.5 inches or more.
(2)
A tree with a DBH of less than 13 inches is to be
replaced with a minimum of three trees; a tree with a DBH of between
13 inches and 18 inches is to be replaced with a minimum of 5 trees;
a tree with a DBH between 18 inches and 25 inches is to be replaced
by seven trees; a tree with a DBH between 25 inches and 30 inches
is to be replaced by nine trees; a tree with a DBH between 30 inches
and 36 inches is to be replaced by 12 trees; a tree with a DBH greater
than 36 inches is to be replaced by 14 trees.
(3)
In lieu of physically replacing a tree, an applicant
may be permitted to contribute the sum of $250 for each tree the applicant
is obligated to plant in replacement for a removed tree to the Ridgefield
Shade Tree Fund, which is hereby created. The proceeds of this fund
shall be administered by the Ridgefield Environmental Commission and
shall be used to replace and augment shade trees on the Borough rights-of-way
and other properties in the Borough of Ridgefield.
B.
As a condition of its approval of a tree removal permit
in connection with any development, the Planning Board or Board of
Adjustment may require the owner or applicant to obtain a guaranty
in a form satisfactory to the Borough Attorney that will cover the
replacement of any replacement trees and plantings for a period of
one year from the date of installation.
[Added 3-8-2010 by Ord. No. 2123]
A.
Permit required.
(1)
No utility company or its agents, representatives, contractors and subcontractors shall prune or perform any other work whatsoever on any Borough-owned tree for the purpose of line clearance, except in emergency situations (subject to notification requirements set forth in Subsection A(2) hereinbelow), without first obtaining from the Office of the Building Code Enforcement Official a permit therefor. (See Subsection C, violations and penalties, hereof.)
(2)
Any utility company or its agents may undertake emergency tree
work to restore electrical service to prevent interruption of electrical,
telephone, telegraph, cable television or other wire services. In
such event, the utility shall notify the Office of the Building Code
Enforcement Official of said work within three business days of its
beginning or as soon as practically possible ("notification").
(3)
Such notification shall be in writing and contain the location,
by street address, of any Borough tree on which emergency tree work
was performed.
B.
Application for permit.
(1)
Permit procedure:
(a)
At least 72 hours prior to the start of work in nonemergency
situations, the utility company or its agents, representatives, contractors
or subcontractors shall apply for a utility company pruning permit
from the Office of the Building Code Enforcement Official.
(b)
Upon completion of the permit application, the trees will be
inspected by the Environmental Commission and/or the Borough Consulting
Arborist/Certified Tree Expert.
(c)
All pruning will be done in accordance with the pruning standards
for shade trees as established by the Best Management Practices -
Utility Pruning of Trees ANSI A300 Standard.
(d)
No work may start until the permit is approved and returned
to the applicant and a meeting with a tree crew supervisor is conducted
by the Environmental Commission and/or the Borough Consulting Arborist/Certified
Tree Expert.
(e)
In the event that an Environmental Commission member is not
available, the Superintendent of the Department of Public Works (DPW)
may approve this permit as outlined above.
(f)
The Environmental Commission and/or the Borough Consulting Arborist/Certified
Tree Expert may inspect the trees during and after the pruning.
C.
Violations and penalties.
(1)
Any person violating any provision of this article or who fails
to comply with the terms and provisions of any permit issued pursuant
will result in the permit revocation, and shall, upon a conviction
of this section, be liable for a fine not to exceed $1,500. Each day
that a violation shall continue shall constitute a separate offense.
For the purposes of this section, a person shall include a company,
partnership or limited liability company of this state or any other
jurisdiction.
(2)
Fines levied and recovered for noncompliance with any and all
provisions of this section shall be transmitted by the Court Clerk
within 48 hours after the receipt thereof to the Collector of Taxes,
who shall deposit all such funds within 48 hours after the receipt
thereof to the credit of the Environmental Commission in its designated
Shade Tree Fund account.
In addition to the application fees required
for minor subdivision, major subdivision or site plan application,
an application for a tree removal permit shall be accompanied by a
fee of $25.
A.
Any person, applicant, developer or owner who violates
any provision of this Part 12 shall be liable for a fine not to exceed
$1,500 or imprisonment for a term not in excess of 90 days, or both.
Each day of each and every violation hereof shall constitute a separate
offense for which a fine or other penalty may be opposed.
B.
In addition to the penalties authorized by Subsection A of this section, the Borough may require a person who removes or otherwise destroys a tree in violation of this section, to pay a replacement assessment to the municipality. The replacement assessment shall be the value of the tree as determined by the appraisal of a trained forester or certified tree expert retained by the Borough for that purpose. In lieu of an appraisal, the Borough may adopt a formula and schedule based upon the number of square inches contained in a cross section of the trunk of the tree multiplied by a predetermined value per square inch, not to exceed $27 per square inch. The square inch cross section shall be calculated from the diameter at breast height and, if there is a multiple stem tree, then each trunk shall be measured and an average shall be determined for the tree. For the purpose of this section, "diameter at breast height" shall mean the diameter of the tree taken at a point 4 1/2 feet above ground level. The Borough shall modify the value of the tree based upon its species variety, location and its condition at the time of removal or destruction.
The Borough Construction Code Official is designated
as the enforcing agent for this Part 12. Such enforcing agent shall
deliver to the Environmental Commission copies of all orders enforcing
the provisions of this Part 12 contemporaneously with the issuance
of such orders.
All ordinances or parts thereof inconsistent
herewith are hereby repealed to the extent of such inconsistency.
