[HISTORY: Adopted by the Mayor and Council
of the Borough of Closter 8-25-1999 by Ord. No. 1999:790; amended in its entirety 11-19-2007 by Ord. No. 2007-1000. Subsequent amendments
noted where applicable.]
[Amended 6-22-2011 by Ord. No. 2011:1094]
The Borough Council of the Borough of Closter
finds that the preservation, protection and planting of trees aid
in the stabilization of soil by the prevention of erosion and sedimentation;
reduce stormwater runoff and the potential damage it may create; aid
in the removal of pollutants from the air and assist in the generation
of oxygen; provide a buffer and screen against noise and pollution;
help to decrease the amount and rate of stormwater runoff and to replenish
groundwater supplies; act to moderate extremes of temperature and
to provide shade; aid in the control of drainage and restoration of
denuded soil subsequent to construction or grading; provide a haven
for birds and other wildlife and otherwise enhance the environment;
protect and increase property values; conserve and enhance the Borough's
physical and aesthetic appearance; and generally protect the public
health and safety as well as the general welfare. Therefore, it is
the intent of the Borough of Closter to maintain as much tree cover
as possible through this chapter. Moreover, the Borough intends through
the implementation of this chapter to achieve an outcome that balances
the protection of trees with respect for individual property rights.
The following definitions shall apply to this
chapter:
As defined in Chapter 200, Zoning, of the Borough Code.
The area along the side yard or rear yard of any lot within
three feet of the property line.
The diameter of the tree measured at a point 4 1/2 feet
above the ground, also known as "diameter breast height (DBH)."
For the purposes of this chapter, "clear-cut" and/or "clear-cutting"
means the removal of 50% or more of the trees on the site/lot. Trees
over six inches caliper (DBH) to be considered; dead and hazardous
trees are not included.
Person(s) with recognized expertise (i.e., who are certified
tree specialists or persons who have equivalent level of education
and/or experience) in the identification and classification of trees
who is/are appointed by the Mayor and Council to this position at
the annual reorganization meeting each year. In no case shall this
person be involved in or associated with the business of the removal
of trees in the Borough of Closter during his or her term of appointment.
[Added 6-22-2011 by Ord. No. 2011:1094]
The diameter of the trunk measured at a point 4 1/2
feet from the ground. If the tree is growing on a slope, the measurement
shall be taken from the uphill side of the slope. If the tree has
a branch or an abnormal swelling at 4.5 feet, the measurement should
be taken at a point below the intrusion where the trunk returns to
normal size. Any diameter measurement that is not taken at 4.5 feet
should include the actual height where it was measured.
An imaginary line on the ground beneath a tree, the location
determined by extending a vertical line from the outermost branches
of a tree to the ground.
Any tree designated and identified as such by the Mayor and Council of the Borough of Closter pursuant to the standards set forth herein. (See § 181-10 entitled "Designation and protection of landmark trees" in this chapter.)
The owner of a parcel of real estate or any other individual,
tree removal contractor and/or landscaper, group, lessor, company,
firm, corporation, partnership, association, society or other legal
entity.
[Amended 11-22-2021 by Ord. No. 2021:1284]
The main building constructed for occupancy or use on the
property.
Person(s) with recognized expertise (i.e., who are certified
tree specialists or persons who have an equivalent level of education
and/or experience) in the identification and classification of trees
who is (are) appointed by the Mayor and Council to this position at
the annual reorganization meeting each year. In no case shall this
person be involved in or associated with the business of the removal
of trees in the Borough of Closter during his or her term of appointment.
For the purposes of this chapter, the common name of the
tree.
A combination of materials forming a construction for occupancy,
use or ornamentation, whether installed on, above or below the surface
of a parcel of land.
Any living, woody perennial and its root system.
Shall include, but not be limited to, damage inflicted to
the root system by machinery, storage of materials and soil compaction,
change of natural grade above or below the root system or around the
trunk; damage inflicted on the tree permitting fungus, pests or other
infestation; excessive pruning or thinning leading to a failure to
thrive; paving over the root system with any impervious materials
within such proximity as to be fatal or injurious to the tree; or
application of any toxic substance.
[Amended 6-22-2011 by Ord. No. 2011:1094]
A permit is required for the removal of any
tree with a DBH greater than six inches. This permit is in addition
to any other approvals required pursuant to Municipal Land Use Law,[1] if the tree removal is taking place in conjunction with
construction.
A.
No person shall cut down or remove any tree of a caliper
of six inches or greater measured at a height of 4 1/2 feet DBH
above the ground or engage in any site clearing without a tree removal
permit.
B.
No person shall remove any tree of a caliper of six
inches or greater DBH for the construction or contemplated construction
of any building, building addition, driveway, recreation area, patio
or anything else for which a construction or zoning permit is required
unless a tree removal permit has been obtained from the Borough.
C.
No person shall remove any tree designated as a "landmark
tree" pursuant to the standards set forth herein without the prior
approval of the Mayor and Council of the Borough of Closter.
D.
Prior to the removal of any tree of a caliper of six
inches or greater DBH that is located within the buffer area as defined
herein, the property owner or any other person must first obtain a
tree removal permit from the Borough and satisfy the tree mitigation
requirements contained herein.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
A.
An application must be filed with the construction offices. If any applicant will be within 24 months seeking a major soil moving permit, demolition permit, minor subdivision approval, major subdivision approval or site plan approval, he/she shall file, together with any and all applications and plans as may be required by the land use ordinances of the Borough of Closter, an application for tree removal permit of regulated trees as set forth in Subsection B below. The application shall be reviewed pursuant to § 181-6. The Code Enforcement Official - Trees shall provide to the Zoning Board or Planning Board (whichever Board is hearing the application) his/her recommendation with regard to the application, including mitigation requirements. In the event the Code Enforcement Official - Trees does not provide said recommendations within 31 days from receipt of the completed tree removal application, the Board shall proceed with its decision without said recommendations. The Zoning Board and Planning Board hereby reserve the right to consult with the Environmental Commission, Closter DPW, the Code Enforcement Official - Trees, Borough Engineer, or any professional as provided by MLUA, for guidance in considering land use, development, tree removal, soil movement or excavation procedures in connection with said application.
[Amended 6-22-2011 by Ord. No. 2011:1094; 12-11-2019 by Ord. No.
2019:1266]
B.
Application for a tree removal permit for site clearing
or other tree removal purposes shall be made by submission of the
following to the Construction Official:
[Amended 12-11-2019 by Ord. No. 2019:1266]
(1)
An original and two copies of an application on forms
provided by the Borough containing the following information: name
and address of the applicant; the street address and tax lot and block
of the property in question; the number of trees to be removed; name
and phone number of the person having express charge, supervision,
and/or control of the proposed removal of trees; a copy of the tree
company's New Jersey tree care operator license; and such other information
as may be required.
(2)
An original and two copies of a tree removal plan
consisting of a map drawn to scale showing the location of all trees
on the property of a caliper of six inches or greater and the location
of all trees to be removed, the species of such trees, and their caliper.
The tree removal plan must be prepared, signed and sealed by a licensed
professional engineer or land surveyor and must show the location
of all existing and proposed structures on the property, together
with the distance, up to 15 feet, that trees proposed to be removed
and located from such structures and from property lines.
(3)
An original and two copies of a tree mitigation plan, if mitigation is required pursuant to § 181-6, consisting of a written statement of plans for the proposed replanting of trees and required herein, and a map drawn to scale showing the location of all trees to be planted, the quantity, species of such tree(s) and their caliper or size as required.
(4)
An original and two copies of a separate list of the
trees to be removed identifying each tree in coordination with tree
removal plan by species and caliper and stating the condition of each
tree as "dead," "poor," or "good" and further explaining why removal
is felt justified under the standards of this chapter.
(5)
The applicant shall place a one-inch-wide red ribbon
around the trunk of each tree to be removed at a height of 4 1/2
feet DBH above the ground so that the proposed tree removal may be
inspected in the field.
C.
Application for a tree removal permit for building construction purposes pursuant to § 181-3B hereinabove shall be made by submission of the following:
(1)
An application on forms provided by the Borough containing
the following information: name and address of the applicant; the
street address and tax lot and block of the property in question;
the number of trees to be removed; and such other information as may
be required.
(2)
A plan consisting of a map drawn to scale showing
the location of all trees on the property of a caliper of six inches
or greater and the location of all trees to be removed, the species
and caliper of such trees, and the reason for removing each tree.
The plan must show the location building, building addition, foundation,
driveway, recreation area or any site condition that warrants the
proposed tree removal.
(3)
The applicant shall place a one-inch wide-ribbon around
the trunk of each tree to be removed at a height of 4 1/2 feet
DBH above the ground so that the proposed tree removal may be inspected
in the field.
D.
Application for a tree removal permit for purposes pursuant to § 181-3D hereinabove shall be made by submission of the following:
(1)
An application on forms provided by the Borough containing
the following information: name and address of the applicant; the
street address and tax lot and block of the property in question;
the number of trees to be removed; and such other information as may
be required.
(2)
A plan consisting of a map drawn to scale showing
the location of all trees on the property of a caliper of six inches
or greater and the location of all trees to be removed, the species
and caliper of such trees, and the reason for removing each tree.
The plan must show the location building, building addition, foundation,
driveway, recreation area or any site condition that warrants the
proposed tree removal.
(3)
The applicant shall place a one-inch-wide red ribbon
around the trunk of each tree to be removed at a height of 4 1/2
feet DBH above the ground so that the proposed tree removal may be
inspected in the field.
E.
A cash
performance bond shall be posted with each application for any permit
application that seeks the removal of more than three regulated trees
within a two-year period of time, to be determined by the Borough's
licensed tree expert, to provide for restitution in the event that
the trees are improperly removed or improperly replaced.
[Added 12-11-2019 by Ord. No. 2019:1266]
F.
Notice
to property owners. For any proposed tree removal of more than three
regulated trees within any two-year period, the applicant shall:
[Added 12-11-2019 by Ord. No.
2019:1266]
G.
Review
of certain applications by the Borough Engineer. Any application seeking
the removal of four or more regulated trees within a two-year period
shall be reviewed at the applicant's expense by the Borough Engineer
to ensure erosion and sediment guidelines have been satisfied.
[Added 12-11-2019 by Ord. No.
2019:1266; amended 5-11-2022 by Ord. No. 2022:1294]
H.
The Borough
shall make its determination regarding a tree application within 30
days following the submission of a completed application. Failure
to make a determination within such thirty-day period, or without
any extension of time agreed to by the applicant, shall constitute
and have the same effect as a denial.
[Added 12-11-2019 by Ord. No.
2019:1266]
[Amended 6-22-2011 by Ord. No. 2011:1094]
A.
The fee for a tree removal permit shall be as set forth in Chapter A301, Fees and Deposits. Fees are required for more than two trees of six inches DBH or greater removed within a twenty-four-month period. The twenty-four-month period begins from the date the permit is issued.
B.
Notwithstanding the fee schedule, no permit fee shall
be required for the removal of a dead or hazardous tree, provided
that the applicant and/or property owner satisfies all of the other
requirements of this chapter.
The following standards for review of applications
shall apply:
A.
Permitted removal. No tree shall be permitted to be
removed unless the tree is:
(1)
Located within the building footprint of a proposed
principal building. Mitigation is required.
[Amended 12-11-2019 by Ord. No.
2019:1266]
(2)
Located between the curblines of a proposed roadway
approved pursuant to the Land Use Procedures or Subdivision of Land
and Site Plan Review Ordinances of the Borough of Closter.[1] No mitigation is required.
(3)
Located within the proposed roadway right-of-way but outside the curbline of a proposed roadway approved pursuant to the Land Use Procedures or Subdivision of Land and Site Plan Review Ordinances of the Borough of Closter. However, see § 181-6D(7); an applicant must plant trees or pay mitigation in lieu of planting.
(4)
Dead or poses a safety hazard. See § 181-6D(3), which explains the circumstance under which mitigation is not required for removal of such trees.
(5)
Located within 15 feet of any building. Mitigation
is required.
(6)
Located within the area of the proposed driveway,
walkway, utility line, accessory building, or any other structure.
Mitigation is required.
C.
Hardship appeal. In the event that an applicant believes the standards set forth in Subsections A and B above constitute a hardship which prohibits a reasonable use of all or substantially all of the property in question, an applicant may seek relief from the Mayor and Borough Council. In the event that such relief is sought, the applicant shall submit a letter to the Mayor and Council stating the factual basis and reasons for the appeal. The Mayor and Borough Council, upon submission of the letter to the Borough Clerk, shall schedule a public hearing in connection with the requested relief. At the hearing, the applicant may present witnesses under oath, and any other interested parties may do the same. All witnesses shall be subject to cross-examination. The decision of the Mayor and Borough Council shall be binding upon the municipal official in charge of enforcement and administration of this section.
D.
Mitigation. The Code Enforcement Official - Trees
shall determine and approve the mitigation plan. Mitigation for tree
removal shall be required as follows:
[Amended 6-22-2011 by Ord. No. 2011:1094]
(1)
Mitigation shall consist of planting trees with a minimum caliper (DBH) of 2 1/ 2 inches or a sum of money equal to the approximate cost of such planting [see § 181-6D(4)(c)] or a combination of both. Mitigation shall require the applicant to provide a two-year survival guarantee for all replacement tree(s), after the completion of any project or planting. During the guarantee period, any dead or dying replacement tree(s) shall be replaced by the applicant within six months. Mitigation shall be decided upon prior to removal of any trees, and the trees proposed to be planted are to be done in consultation with the Borough's Code Enforcement Official - Trees. In reviewing the mitigation plans submitted by the applicant, the Code Enforcement Official - Trees is to approve trees that will be allowed to grow to their natural height at maturity rather than being kept artificially small.
[Amended 12-11-2019 by Ord. No.
2019:1266]
(3)
In the event of tree removal pursuant to § 181-6A(4), no mitigation shall be required if the tree has been planted for a least five years; there has been no damage to the tree by construction or otherwise by any person; and there has been no soil moving within 15 feet of such tree within five years; otherwise, mitigation shall be required pursuant to § 181-6D.
(4)
For each tree for which mitigation is required, the
following shall apply:
(a)
For each tree removed pursuant to the standards
of this section, the applicant shall plant on the property in question:
|
Caliper of Tree Removed*
(inches)
|
Number Required for Mitigation
| |
|---|---|---|
|
Less than 6
|
No mitigation required
| |
|
6 to no more than 15
|
1 for each removed
| |
|
15 to less than 25
|
2 for each removed
| |
|
25 and greater
|
3 for each removed
|
|
NOTE:
| ||
|---|---|---|
|
* No mitigation is required for the first two trees; limit:
two trees in a twenty-four-month period. The twenty-four-month time
period begins from the date the tree removal permit is issued.
| ||
(b)
The caliper of trees with multiple trunks shall
be calculated by multiplying the caliper of the larger trunk by 1.5
times.
(c)
In the event the applicant asserts the planting
of trees on the property in question would be inappropriate and the
official in charge of enforcement and administration of this section
agrees, the applicant may, in lieu of planting trees, provide to the
municipality a sum of money equal to the approximate cost of such
tree planting. The total amount shall be determined by the Code Enforcement
Official - Trees, based on the market value and planting costs of
the trees to be planted. Funds collected pursuant to this section
shall be deposited in the Borough's Shade Tree Fund for use by the
Borough's Shade Tree Commission to plant and maintain trees elsewhere
in the Borough. In no event shall the sum of such monetary contribution
be less than $650 per required replacement.
[Amended 12-11-2019 by Ord. No.
2019:1266]
(6)
In the event that it is unknown how many trees were
removed from any given site and removal took place without a tree
removal permit issued pursuant to this chapter, the number of trees
requiring mitigation shall be computed by assuming trees over six
inches in caliper existed 30 feet on center and plotting the maximum
number of those trees as circles of a fifteen-foot radius without
having the circles overlap or extend beyond the property lines or
driplines of existing trees.
(7)
In connection with tree removal pursuant to Subsection A(3) of this section, it shall be required that the applicant plant trees on center a minimum distance of 30 feet as street trees between the curbline and the edge of the right-of-way in a location determined by the municipal official administering this section or beyond if agreed to by the homeowner.
(8)
Mitigation in any instance is not to be considered
a penalty, rather an implementation of the purposes of this section.
Mitigation shall not be a substitute for, but shall be in addition
to, any penalty imposed for violation of the provisions of this section.
(9)
Upon the approval of the Mayor and Council, the mitigation
requirements pursuant to this paragraph may be satisfied by the applicant
by donating the tree to be removed to the Borough of Closter to be
planted elsewhere in the Borough of Closter at the expense of the
applicant. The qualified tree specialist shall inspect any such trees
and submit a recommendation to the Mayor and Council as to whether
to accept such donation.
E.
If granted,
the applicant shall maintain a copy of the approved permit at the
project location which shall be prominently displayed and available
for inspection.
[Added 12-11-2019 by Ord. No.
2019:1266]
A.
In connection with any construction, subsequent to
tree clearing but prior to the issuance of a building permit or start
of construction, snow fencing, or other protective barrier acceptable
to the municipal official charged with the enforcement and administration
of this section, shall be placed around trees that are not to be removed.
The protection barriers shall be placed at a distance of at least
10 feet from the trunk of any tree or the tree dripline, whichever
distance shall be greater, and shall remain in place until all construction
activity on the property has terminated. No equipment, chemicals,
soil deposits or construction materials shall be placed within any
area so protected by barriers. Any landscaping activities subsequent
to the removal of the barriers shall be accomplished with light machinery
or hand labor.
B.
No person shall:
(1)
Cut down or remove any tree except as permitted by
this chapter or allow or cause such cutting or removal.
(2)
Cause or allow any willful damage, injury or disfigurement
of any tree growing within the property in question. For purposes
of this chapter, the actions of any person shall be deemed willful
if the damage, injury or disfigurement of any tree is caused as the
result, but not limited to the following: cutting, gashing or slitting
on any tree; the pouring of any liquid or other material on any tree
or on the nearby ground; the construction or placement of any nonporous
material on the ground around any tree so as to cut off air, light
or water from the roots; or placement or removal of any soil within
10 feet of any tree.
(3)
Store or pile building materials or debris or place
construction equipment within 10 feet of any tree or within the protected
zone 10 feet beyond the dripline, whichever is greater. The Code Enforcement
Official - Trees or other member of the Construction Office may use
his or her discretion in determining violations pursuant to this subsection.
[Amended 6-22-2011 by Ord. No. 2011:1094]
C.
In the event that any tree to be saved in connection
with construction as set forth above or any tree planted in mitigation
shall die within two years after planting, it shall be replaced by
the applicant or the property owners within six months.
[Amended 6-22-2011 by Ord. No. 2011:1094[1]]
A.
As a precondition to the issuance of a permit where mitigation is required, the applicant shall post a cash bond with the Borough Treasurer to assure mitigation in an amount equal to the amount determined by the Code Enforcement Official - Trees as set forth in § 181-6D(4) for each tree to be planted. At the end of the third fiscal year following the fiscal year in which the bond was posted and upon the satisfactory completion of the required mitigation, the Borough shall return the cash bond to the applicant. The cash bond shall be retained by the Borough for this period to assure survival of the tree or trees planted by the applicant in satisfaction of the mitigation requirements. Said bond shall be returned upon the recommendation of the Code Enforcement Official - Trees and the approval of the Mayor and Council.
B.
The applicant shall contact the Code Enforcement Official
- Trees within seven business days of the completion of the planting
of the trees required for mitigation to schedule a date and time for
an inspection in order for the Borough to determine whether the required
mitigation has been completed satisfactorily.
C.
Notwithstanding the above, the applicant and/or property owner shall forfeit the cash bond amount if the applicant and/or property owner fails to complete the planting of the trees within the time of completion set forth in § 181-8. Prior to the forfeiture of any cash bond monies, the Code Enforcement Official - Trees shall cause a written notice to be served upon the applicant and/or property owner who posted the cash bond. Service of the notice shall be made in person or by certified mail, return receipt requested. Upon service of any notice pursuant to this subsection, the applicant and/or property owner shall have 10 days, or such further time as the Mayor and Council shall agree, in writing, to plant the trees that have not been planted, or the applicant and/or property owner shall forfeit any cash bond amounts posted by the applicant and/or property owner. Any monies forfeited by the applicant and/or property owner shall be deposited in the Borough's Shade Tree Fund for use by the Shade Tree Commission to plant trees elsewhere in the municipality.
D.
As an additional
precondition to the issuance of a permit, the applicant shall post
a cash bond in the equivalent of $1,500 for each street tree present
on the property that is not otherwise covered by mitigation. At the
end of the third calendar year from the date of the issuance of the
final certificate of occupancy (i.e., the bond can be held for up
to two years and 11 months) and upon certification by the Code Enforcement
Official - Trees that the trees continue to be in good health, the
Borough shall return the cash bond to the applicant. The cash bond
shall be retained by the Borough for this period to assure the survival
of the tree(s) and recover the cost of removal and replacement of
the trees for taxpayers should the tree(s) not survive.
The tree(s) required to be planted by the applicant and/or property owner pursuant to Section § 181-6D(4) shall be planted within six months after the completion of the project for which the permit was issued, the issuance of a certificate of occupancy, or the issuance of a certificate of approval, whichever shall be sooner. The applicant may submit a written request to the Construction Office for an extension of time of up to 60 days. Additional extensions may be granted, upon the written request of the applicant, at the discretion of the Construction Office. Extension requests shall not be unreasonably denied. However, in no event shall the time for completion be extended beyond a total of six additional months.
A.
Upon the written recommendation of the Environmental
Commission and with the written approval of the property owner, the
Mayor and Council of the Borough of Closter shall determine whether
any tree qualifies as a landmark tree. A tree may qualify as a landmark
tree if it meets one or more of the following criteria:
(1)
The tree species is rare.
(2)
The tree is of an abnormal height or has an abnormal
trunk diameter or dripline for a tree of its species.
(3)
The location, shade value, fragrance, erosion control,
aesthetic features, or scenic enhancement of such tree is of special
importance to the Borough of Closter.
(4)
The tree is a rare ornamental or flowering tree.
B.
All trees designated as landmark trees by the Mayor
and Council shall be memorialized by resolution and shall be shown
on an official Borough Map with appropriate code marks signifying
each tree's designation, number, species, age, size and other distinguishing
characteristics for ready reference and periodic monitoring. The Borough
Administrator or his designee shall ensure that each landmark tree
is shown on the Borough Map.
C.
All trees designated as landmark trees by the Mayor
and Council shall be memorialized by resolution and shall be shown
on an official landmark tree inventory retained by the Borough Administrator.
D.
If the owner or owners of the property on which a
landmark tree is located consents thereto, the Borough may identify
such tree as a landmark tree by the placement of a suitable marker
thereon.
E.
If, and when, any landmark tree is removed, the Borough
Administrator shall arrange for the necessary changes to be made to
the official landmark tree inventory records and Borough Map.
F.
No person shall cut down or remove any landmark tree,
whether such tree is located on public or private property, without
first obtaining the approval of the Mayor and Council of the Borough
of Closter and a permit issued pursuant to this chapter.
G.
For each landmark tree removed pursuant to Subsection F hereinabove, mitigation shall be required and the applicant shall plant a tree as defined in this chapter on the property in question at a replacement rate of two trees for each landmark tree removed. In the event the applicant asserts the planting of trees on the property in question would be inappropriate and the Mayor and Council agrees, the applicant may, in lieu of planting trees, provide to the Borough a sum of $500 for each tree required to be planted to be deposited in the Borough's Shade Tree Fund for use by the Shade Tree Commission to plant trees elsewhere in the Borough.
[Amended 6-22-2011 by Ord. No. 2011:1094]
The provisions set forth in this chapter shall
be administered and enforced by the Code Enforcement Official - Trees,
the Construction Official, and the Code Enforcement Officer, or his/her
designee.
[Amended 8-10-2022 by Ord. No. 2022:1306]
A.
Any person aggrieved by the decision of the municipal official charged with the administration and enforcement of this chapter shall have the right, within 10 days of the issuance of any decision by such official, to appeal to the Closter Tree Appeal Panel, which shall take action as it deems appropriate in the matter. In the event of such an appeal, the procedures set forth with reference to applications based on hardship contained in § 181-6C shall apply.
B.
The Tree
Appeal Panel consists of the Borough Code Enforcement Official –
Trees, the Municipal Code Official and the Borough Administrator.
The following shall be exempt from the requirements
of this chapter;
A.
Trees located on the business-related portions of
the properties of commercial nurseries.
B.
Pruning within the right-of-way by utility companies
for maintenance of utility wires or pipelines. The utility company
shall notify the Borough Administrator prior to commencing such work
at least two weeks prior to the commencement of such work.
C.
Trees that are deemed to be removed by the governing
body of the Borough of Closter or that are on or over a public right-of-way.
D.
Parklands or other public lands owned by the Borough
of Closter.
E.
Any projects that have received building permits or
board approvals prior to the enactment of this chapter.
A.
Any person, applicant, developer or owner who violates
any provision of this chapter 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 tree is a separate violation.
[Amended 9-10-2014 by Ord. No. 2014:1173]
B.
In addition to the penalties outlined in the above
subsection, the Borough may require a person who removes or otherwise
destroys a tree in violation of this chapter to pay a replacement
assessment to the municipality. The replacement assessment shall be
the value of the tree as determined by the Borough's Code Enforcement
Official - Trees. In lieu of an appraisal, the Borough may use the
formula 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 4 ½
feet above ground level, and if there is a multiple-stem tree, then
each trunk shall be measured and the largest trunk shall be used to
determine the fine for the tree. The Borough shall modify the value
of the tree based on its species, variety, location and condition
at the time of removal or destruction.
[Amended 6-22-2011 by Ord. No. 2011:1094]
If any sentence, section, clause or other portion
of this chapter or the application thereof to any person or circumstance
shall, for any reason, be adjudged by a court of competent jurisdiction
to be invalid, such judgment shall not affect, impair or repeal the
remainder of this chapter. All ordinances or parts thereof inconsistent
herewith are hereby repealed to the extent of such inconsistency.
This chapter shall become effective immediately
upon final passage and publication, as required by law.
