[HISTORY: Adopted by the Mayor and Council of the Town of
Clinton as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-12-2024 by Ord. No. 24-05]
No person shall do or cause to be done any of
the following acts affecting the trees, plants, shrubbery or other
ornamental flora planted or growing naturally within the highways
or public places under the jurisdiction of the town, except with a
written permit first obtained from the Shade Tree Commission:
A.
Cut, trim, break, disturb the roots of or spray with
chemicals any living tree or shrub; or injure, misuse or remove any
structure or device placed to support or protect any tree or shrub.
B.
Plant or remove any living tree or shrub, or climb
with spikes any living tree or shrub.
C.
Fasten any rope, wire, electric attachments, sign
or other device to a tree or shrub or to any guard about such tree
or shrub.
D.
Close or obstruct any open space provided about the
base of a tree or shrub to permit the access of air, water or fertilizer
to the roots thereof.
E.
Pile any building material or make any mortar or cement
within six feet of a tree or shrub.
F.
Change the grade of the soil within the limits of
the lateral spread of the branches of any such tree.
Every person having control over any wire for
the transmission of an electric current along a public highway shall
at all times guard all trees through which or near which such wire
passes against any injury from the wire or cable or from the electric
current carried by it. The device or means used shall in every case
be subject to approval by the Department of Public Works.
No person shall place any guy wire, brace or
other device on any tree in such a manner as to injure it.
No person shall hitch or fasten an animal to
any tree or shrub upon a public highway or to any guard or support
provided for the same, or permit an animal to bite or otherwise injure
any tree or shrub.
No person shall permit any brine, gas or injurious
chemical or liquid to come in contact with the stump or roots of any
tree or shrub upon a public highway.
No person shall prevent, delay or interfere
with any lawful work undertaken by the Department of Public Works
or its authorized agent.
[Amended 8-11-1998 by Ord. No. 98-6; 12-12-1995 by Ord. No. 95-16; 4-9-2019 by Ord. No. 19-02]
A.
All trees and shrubs along any public highway, public sidewalk, public
right-of-way, public structure or any easement dedicated to the Town
of Clinton for sight visibility or other public purposes shall be
maintained by the owner of the property on which the trees or shrubs
are located; provided, however, that the Town may cause such trees
and shrubs to be trimmed or removed as part of any ongoing program
of tree and shrub maintenance in any area of the Town where such program
is being conducted for the health, safety, economy or general welfare
of the Town.
B.
Removal required; notice. If any tree or shrub or
part thereof along any public highway, public sidewalk, public right-of-way,
public structure or any easement dedicated to the Town of Clinton
for sight visibility or other public purposes becomes dangerous to
the public safety or interferes with the public right-of-way, the
owner of the property in front of which such tree or shrub is located
shall remove it or the required part thereof forthwith upon service
of written directive to that effect from the Public Works/Business
Administrator or designee. The notice shall be sufficient if served
in the same manner as a summons may be served in accordance with the
New Jersey Rules of Court.
C.
Standard established. The owner or tenant of any lands
lying within the town shall keep all brush, hedges and other plant
life growing within 10 feet of any roadway and within 25 feet of the
intersection of two roadways cut to a height of not more than 2 1/2
feet. This shall not require the cutting down of any trees where there
is vision through the trees at a height of between 2 1/2 feet
and eight feet from the ground.
D.
Removal by Town. If the owner fails to remove the
tree or shrub or portion thereof within two weeks after service of
written notice to do so, the work shall be performed by the town under
the supervision of the Public Works/Business Administrator, who shall
certify the cost thereof to the Council.
E.
Costs charged against land; lien established. Upon
receipt of the certified costs, the Council shall examine same and,
if found to be correct, shall cause the costs to be charged against
the lands, or if the Council deems the costs to be excessive, shall
cause the reasonable cost thereof to be charged against the lands.
The amount so charged shall forthwith become a lien upon the lands
and shall be added to and become and form part of the taxes next to
be assessed and levied upon the lands, the same to bear interest at
the same rate as other taxes and be connected and enforced by the
same officer and in the same manner as taxes.
[Added 8-11-1998 by Ord. No. 98-6]
A.
No person shall plant any tree or shrub in the public
right-of-way adjacent to a public sidewalk without first securing
a permit to do so from the Shade Tree Commission.
B.
A person seeking to plant a tree or shrub in the public
right-of-way adjacent to a public sidewalk shall obtain an application
to do so from the Public Works/Business Administrator. The application
shall contain such information as required by the Shade Tree Commission,
such as type of tree or bush to be planted, location, method of planting
and any other relevant information requested.
C.
Upon the submission of a completed application, the
Public Works/Business Administrator shall submit the application to
the Shade Tree Commission which shall consider it at its next regularly
scheduled meeting. The Shade Tree Commission may grant, grant subject
to conditions or deny the application. The Shade Tree Commission may
also make suggestions as to alternative types of trees or shrubs which
may be less likely to cause harm to the public sidewalk or other public
structures or areas.
D.
Any person granted a permit to plant trees and shrubs
in the public right-of-way will be responsible to maintain each such
tree or shrub, to prune each such tree or shrub so that it does not
interfere with the public use of the right-of-way and to remove, at
the permittee's expense, any tree or shrub which interferes with the
public right-of-way or causes damage to a public sidewalk, public
street or other public structure or area.
E.
From time to time the Shade Tree Commission may establish
such rules and guidelines as it sees fit with respect to the type
of tree or shrub permitted to be planted in the public right-of-way
adjacent to the public sidewalk, the method of planting, the care
and maintenance of such trees or shrubs and such other areas relevant
thereto.
[Adopted 6-12-2024 by Ord. No. 24-05]
A.
Trees and shrubs are natural resources that provide aesthetic, economic,
ecological, environmental, and health benefits to the Town of Clinton
and its residents. The treatment of trees on individual properties
can have significant impacts not only on those individual properties
but also on neighboring properties, the streetscape, the tree canopy,
and the entire Town.
B.
The purpose of this article is to control and regulate indiscriminate
and excessive removal, injury, and destruction of trees to prevent
conditions that may cause reduced ecological and social benefits,
including increased stormwater runoff, soil erosion, sedimentation
of watercourses; reflected heat, air or noise pollution; diminished
aquifer recharge; decreased soil fertility; increased risk to persons
and property by failures of trees or their parts, and increased risk
to real property and real property values from flash floods and other
intense precipitation events.
A.
In all zoning districts of the Town, any of the following types of tree removal shall require a permit, unless exempt under § 130-11.
B.
In the following instances, a permit is required with a fee collected, and mitigation is required based on the Tree Replacement Table in § 130-14:
(1)
Removing or otherwise destroying a tree with a DBH of six inches
or more.
(2)
Removing or otherwise destroying a tree with a canopy extending over
a public right-of-way.
(4)
Removing or otherwise destroying any tree that was planted or preserved
as part of any landscape plan or in accordance with any tree requirements
approved in conjunction with a subdivision or site plan shall be removed.
C.
In the following instances, a permit is required with no fee collected,
and no mitigation is required:
(1)
On properties zoned for single-family or two-family residential use,
removing up to two trees with a DBH of six inches or more within a
twenty-four-month period. (The number of trees removed is a rolling
count across a twenty-four-month period. For example, if two trees
are removed in July 2024, the "count" resets to zero in July 2026.
However, if one tree is removed in July 2024 and another in July of
2025 the first tree will come off the count in July 2026 and the second
in July 2027.)
(2)
Removing or otherwise destroying a tree with a DBH of six inches
or more that is dead, diseased, or dying as confirmed in writing by
a certified arborist or licensed tree expert.
(3)
Removing or otherwise destroying a tree with a DBH of six inches
or more that poses a threat to an existing structure.
(4)
Removing or otherwise destroying a tree with a DBH of six inches
or more that is on the list of invasive species that is updated annually
by the Shade Tree Commission.
(5)
Trees removed during the replacement or repair of a residential individual
subsurface sewage disposal system and/or the replacement or repair
of a domestic water supply.
(6)
Trees removed that are within 10 feet of an existing building.
A.
The following shall be exempt from the requirements of this section
and do not require a permit:
(1)
Trees with a DBH of less than six inches.
(2)
Commercial nurseries, orchards, and farms.
(3)
Trees that are deemed to be removed by the Town Engineer or Department
of Public Works that are on or are impeding a public right-of-way
upon consultation with Shade Tree Commission.
(4)
Public rights-of-way or parklands owned by the Town of Clinton where trees are under the jurisdiction of the Shade Tree Commission (see § 4-19, Shade Tree Commission).
(5)
Trees that have been determined by the Shade Tree Commission or Town
Arborist to constitute a threat to the health, safety or welfare of
the general public, or to any existing structure.
(6)
Powerline rights-of-way by companies regulated by the New Jersey
Board of Public Utilities.
(7)
Properties devoted to forest management and the practice of silviculture
for which farmland assessment has been approved.
(8)
Pruning or maintenance of trees in a manner that is not harmful to
the health of the tree.
(9)
Trees removed in the course of an emergency declared by the federal,
state, or Town government.
(10)
The removal of any trees that are part of an approved woodland
management program pursuant to the provisions of the New Jersey Farmland
Assessment Act of 1964, provided such plan and WD-1 form is filed
with the Tax Assessor.
For the purpose of this article, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this article clearly demonstrates
a different meaning. The use of the word "shall" means the requirement
is always mandatory and not merely directory.
Any "person," as defined below, who applies for approval
to remove trees regulated under this article.
The zone around the base of a tree where the majority of
the root system is found. This zone is calculated by multiplying the
diameter at breast height (DBH) of the tree by 1.5 feet. For example:
a tree with a six inches DBH would have a CRR = 6"x1.5' = 9'.
The diameter of the trunk of a tree generally measured at
a point 4 1/2 feet above ground level from the uphill side of
the tree. For species of trees where the main trunk divides below
the 4 1/2 foot height, the DBH shall be measured at the highest
point before any division.
The area defined by the outermost circumference of a tree
canopy where water drips from and onto the ground.
A tree or limbs thereof that meet one or more of the criteria
below. Trees that do not meet any of the criteria below and are proposed
to be removed solely for development purposes are not hazard trees.
Has an infectious disease or insect infestation;
Is dead or dying;
Obstructs the view of traffic signs or the free passage of pedestrians
or vehicles, where pruning attempts have not been effective;
Is causing obvious damage to structures (such as building foundations,
etc.);
Is determined to be a threat to public health, safety, and/or
welfare by a certified arborist or Licensed Tree Expert (LTE).
An arborist or other tree care professional that has been
licensed by the New Jersey Board of Tree Experts.
Any individual, resident, corporation, utility, company,
partnership, firm, or association.
The part of a street right-of-way between the public right-of-way
and the portion of the street reserved for vehicular traffic or between
the abutting property line and the curb or traveled portion of the
street, exclusive of any sidewalk.
An individual who resides on the residential property or
contractor hired by the individual who resides on the residential
property where a tree(s) regulated by this article is removed or proposed
to be removed.
Within 50 feet from the banks of the South Branch of the
Raritan River, Beaver Brook, Spruce Run, or any waterway receiving
C-1 designation by the NJ Department of Environmental Protection.
A tree planted in the sidewalk, planting strip, and/or in
the public right-of-way adjacent to (or specified distance from) the
portion of the street reserved for vehicular traffic. This also includes
trees planted in planting strips within the roadway right-of-way,
i.e., islands, medians, pedestrian refuges.
A woody perennial plant, typically having a single stem or
trunk growing to a considerable height and bearing lateral branches
at some distance from the ground.
The diameter of the trunk of a young tree, measured six inches
from the soil line. For young trees whose caliper exceeds four inches,
the measurement is taken 12 inches above the soil line.
To kill or to cause irreparable damage that leads to the
decline and/or death of a tree. This includes, but is not limited
to, excessive pruning, application of substances that are toxic to
the tree, over-mulching or improper mulching, and improper grading
and/or soil compaction within the critical root radius around the
base of the tree with the intent to kill or damage such tree. Removal
does not include responsible pruning and maintenance of a tree, or
the application of treatments intended to manage invasive species.
An aerial photograph or survey at a minimum scale of one
inch equals 200 feet or a drawing to scale, which provides the following
information: location of all trees or forested areas, the common name
of all trees, the average diameter breast height, and indication of
trees proposed to be removed, and the location of any proposed tree
replacements.
A.
There is hereby established a reserve in the Town's general
capital fund which shall be known and designated as the "Tree Escrow
Fund". A separate bank account shall be opened and maintained for
this purpose.
B.
The primary purpose of the Tree Escrow Fund is to provide for the
planting and maintenance of trees and shrubs on public property and
street trees in the right-of-way.
C.
The funds will also pay administrative costs to implement the provision
of this section, including, but not limited to, fees for processing
permits, site inspections, consultants, and supervisors of tree replacements.
Administrative costs imposed in accordance with this section shall
not exceed 30% of the fund, as determined on an annual basis.
D.
Appropriations from the Tree Escrow Fund shall be authorized by the
Town Council in accordance with a municipal tree planting plan based
solely on the recommendations of the Shade Tree Commission.
E.
The Tree Escrow Fund shall be maintained by the Chief Financial Officer.
F.
If a tree removal permit is granted for tree removal necessary for
adding a patio, sundeck, outdoor private swimming pool, tennis court,
sports court, or other permitted accessory use on an already developed
single-family residential lot, the cash contribution to the Tree Escrow
Fund in lieu of planting on the property in respect of such removal
shall not exceed $2,000.
G.
The Tree Escrow Fund may also be used as a repository of funds received
for memorial or commemorative tree planting administered by the Shade
Tree Commission and approved by the Town Council.
A.
Application process.
(1)
Any person planning to remove a tree shall submit an application,
in writing, to the Shade Tree Commission. The Shade Tree Commission
(or a subcommittee designated by the Shade Tree Commission to review
such applications) will consider the application and any mitigation
required. No tree shall be removed until the Shade Tree Commission
(or the designated subcommittee) has reviewed and approved the removal.
The Shade Tree Commission shall notify the applicant and the Zoning
Officer of the approval or denial of the request within five business
days of the receipt of the application. A failure of the Shade Tree
Commission (or the designated subcommittee) to approve or deny an
application within such time period shall be deemed an approval of
the application. The application shall include the following information:
(a)
Name, address, and telephone number of the owner of the premises
and the party performing the removal;
(b)
Description of the premises where removal is to take place,
including lot and block numbers, and street address if assigned;
(c)
A list of all trees to be removed with a DBH equal to or greater
than six inches identified by size, genus, including total number
of each species to be removed. All trees to be removed shall be clearly
marked with at least one inch wide colored tape tied around the trunk;
(d)
Purpose for tree removal (construction, street or roadway, driveway,
utility easement, recreation area, patio, parking lot, trees that
are diseased, dead or potentially hazardous, etc.);
(e)
A sketch of the property showing the location of each marked
tree to be removed;
(2)
For removal of trees in conjunction with a Land Use application,
the Zoning Officer shall submit the application to the Shade Tree
Commission allowing at least 10 days notice prior to next scheduled
Shade Tree Commission meeting to review application and inspect the
site before making recommendations.
(3)
Applicants will be subject to an application fee as follows:
|
One to five Trees
|
$50
|
|
Six trees or more
|
$10 per tree
|
B.
Development applications before the Land Use Board. In the case of
an application for development for major or minor site plan, major
or minor subdivision, or a variance that may involve tree removal
regulated by this article, no separate application shall be filed
and no separate fee shall be required in addition to the fees charged
for the application for development. The application for development
shall include the following information at a scale sufficient to enable
the determination of matters required under these regulations:
(1)
The shape and dimensions of the lot or parcel, together with the
existing and proposed locations of structures and improvements, if
any.
(2)
Locations of all forest types which are subject to this article,
identified by common or botanical name. (Trees proposed to remain,
to be transplanted or to be removed shall be identified.)
(3)
A statement showing how trees not proposed for removal are to be
protected during land clearing and construction, i.e., a protective
barrier as defined herein.
(4)
Locations and dimensions of all setbacks and easements required by
the Zoning ordinances of the Town.
(5)
Statements as to grade changes proposed for the lot or parcel and
how such changes will affect these regulations.
(6)
Any proposed tree replacement.
(7)
All trees to be retained shall also be identified by some method,
such as painting, flagging, etc., prior to field inspection. (Where
protective barriers are necessary to prevent damage to a tree that
is not to be removed, such barriers shall be erected before work starts.)
(8)
Trees must be planted at intervals of 30 feet where practical from
the list provided by the Shade Tree Commission where the property
borders a public roadway. At least a five-foot tree lawn must be maintained
for the planting of trees in these developments.
C.
Tree replacement requirements.
(1)
Any person who removes one or more tree(s) with a DBH of six inches or more per acre, unless otherwise exempt under § 130-12 shall be subject to the requirements of the Tree Replacement Requirements Table below.
(2)
The species type and diversity of replacement trees shall be in accordance
with a list of the types of permitted trees created by the Shade Tree
Commission and maintained in the office of the Town Clerk, which may
be updated as necessary from time to time.
(3)
Replacement tree(s) shall be:
(a)
Replaced in kind with a tree that has an equal or greater DBH
than tree removed or meet the Tree Replacement Criteria in the table
below;
(b)
Planted within 12 months of the date of removal of the original
tree(s) or at an alternative date specified by the Town;
(c)
Monitored by the applicant for a period of two years to ensure
their survival and shall be replaced as needed within 12 months; and
(d)
Planted in the ground (not in temporary containers or pots,
as these do not count towards tree replacement requirements).
(e)
Planted with the adequate space required for the species selected
to grow to maturity.
(f)
Planted using the latest the standards set forth in ANSI Z60,
American Standard for Nursery Stock.
|
Tree Replacement Requirements Table
| |||
|---|---|---|---|
|
Category
|
Size of Tree Removed (DBH)
|
Tree Replacement Criteria
|
Replacement Alternative Fee
|
|
1
|
DBH of 6 inches to 12.99 inches
|
Replant one tree in with minimum caliper of 2.5 inches for each
tree removed
|
$400 per tree removed
|
|
2
|
DBH of 13 inches to 22.99 inches
|
Replant two trees with minimum caliper of 2.5 inches for each
tree removed
|
$800 per tree removed
|
|
3
|
DBH of 23 inches to 32.99 inches
|
Replant three trees with minimum caliper of 2.5 inches for each
tree removed
|
$1,200 per tree removed
|
|
4
|
DBH of 33 inches or greater
|
Replant four trees with minimum caliper of 2.5 inches for each
tree removed
|
$1,600 per tree removed
|
D.
Replacement alternatives. If the municipality determines that some
or all required replacement trees cannot be planted on the property
where the tree removal activity occurred, then the applicant shall
do one of the following:
A.
In connection with any construction, 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.
B.
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.
C.
No equipment, chemicals, soil deposits or construction materials
shall be placed within any area so protected by barriers.
D.
Any landscaping activities subsequent to the removal of the barriers
shall be accomplished with light machinery or hand labor.
E.
No person shall:
(1)
Cut down or remove any tree except as permitted by this article 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
article, 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 or other member of the Construction Office may use his or
her discretion in determining violations pursuant to this subsection.
A.
A cash bond for tree preservation and/or removal is require in all
cases where tree removal, mitigation, and/or preservation is required
in connection with a development applications before the Land Use
Board. Such bond shall be posted with and held by the Town.
B.
Amount of the bond. The amount of the bond shall be determined by
the Land Use Board Engineer based upon replacement costs of the trees
to be planted and/or preserved.
C.
Term of the bond. Three years following the posting of the bond and
upon the satisfactory completion of the required tree preservation
and/or mitigation, the Town shall return the cash bond to the applicant.
The cash bond shall be retained by the Town for this period to assure
survival of the trees preserved or planted by the applicant in satisfaction
of the preservation and/or mitigation requirements. Said bond shall
be returned upon the recommendation of the Board Engineer and the
approval by resolution of the Mayor and Council.
D.
Forfeiture of bond. 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 required mitigation and
tree planting within three years of posting of the bond. Prior to
the forfeiture of any cash bond monies, the Board Engineer 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 Town's Tree Escrow Fund. The remedy of bond forfeiture
shall be in addition to any other enforcement actions permitted to
be taken by the Town.
E.
Violations. Failure to comply with the Town Code and conditions of
development approval relating to tree preservation, mitigation, and/or
removal shall also be considered a violation of this chapter.
F.
Waiver of bond requirement. The Land Use Board may waive this bond
requirement if there is minimal or no threat to trees on the subject
property.
Prior to taking final action upon any applications for tree
removal, an inspection of the site may be made by:
A.
The Shade Tree Commission or a designee in those cases where final
determination is to be made as to the granting or denial of an application.
B.
Such inspection may be made of the site referred to in the application,
and of contiguous and adjoining lands, as well as lands in the vicinity
of the application, for purpose of determining drainage conditions
and physical conditions existing thereon.
A.
The Zoning Officer is designated as the enforcing agent for this
article, or a designee.
B.
Upon review of as-built plans or site inspection of any major site
development application, subdivision or soil movement activity, the
Town Engineer shall inform the Zoning Officer of any trees removed
in excess of those called for removal in the permit. The Zoning Officer
has the power to revoke the permit if the applicant provided false
or misleading information within the permit application and/or if
there is noncompliance with the approved permit.
C.
When a tree removal permit is issued as a prior approval to obtaining
a construction permit, the Construction Official may not issue a certificate
of approval or certificate of occupancy until all conditions set forth
by the Zoning Officer are met.
Any person(s) who is found to be in violation of the provisions
of this article shall be subject to a minimum fine of $250 and maximum
fine of $1,000 per violation plus:
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 Town Council. In the
event that such relief is sought, the applicant shall submit a letter
to the governing body stating the factual basis and reasons for the
appeal. The governing body, upon submission of the letter to the Town
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
Council shall be binding upon the municipal official in charge of
enforcement and administration of this section.
