[HISTORY: Adopted by the Mayor and Council of the Borough
of Ho-Ho-Kus 1-3-2023 by Ord. No. 2022-77. Amendments noted where applicable.]
[Amended 4-25-2023 by Ord. No. 2023-85]
As used in this chapter, the terms hereinafter set forth shall
be defined and deemed to have the following meanings:
An individual who holds a New Jersey State tree expert license
as a licensed tree expert (NJLTE).
Zoning Official, Planning or Zoning Board, Construction Official,
DPW, or other agency or official or designee as may be appropriate.
The diameter of a tree trunk, when measured at a height of
4.5 feet above the ground at the base of the tree, calculated as the
circumference (or girth) of the tree divided by pi (3.1416). On sloping
ground the aboveground reference point is the average between the
highest and lowest points of the ground at the base of the tree. If
the DBH point falls on a swelling in the trunk, it is measured below
the swelling point where the diameter is the smallest. In case of
trees with multiple trunks, the diameter of a multitrunk tree is determined
by measuring the full diameter of the largest trunk, plus half the
diameter of the other trunks.
Whenever, pursuant to any provision of this chapter, a permit
is required, the applicant shall apply to the Borough of Ho-Ho-Kus
Building Department, which shall refer the matter to the Zoning Official,
Planning or Zoning Board, or other agency or Borough Official as may
be appropriate. The Construction Official (or appropriate official
or officer or designee) shall either recommend approval or denial
of an application for a permit, and it shall, in determining whether
or not to recommend the issuance of such permit, take into consideration
the nature, species, size, age and condition of any tree involved;
the location thereof in the street or park; the planting, care, protection,
maintenance, or removal procedures involved; the public safety and
welfare; and the improvement and advancement of the shade tree plan
or program of the Borough, based on conditions which may be established
from time to time. The Construction Official shall thereafter make
the final determination, subject to review by the governing body,
of any permit application.
Any individual, firm, partnership or corporation, or any
combination thereof. Where, in the proper context, it is so required,
this term may be construed to designate the plural as well as the
singular.
Any road, avenue, street or highway dedicated to the public
use for street purposes. A street shall be deemed to include all portions
lying between the dedicated or established right-of-way lines and/or
planting easement thereof, said lines being identical with the front
property lines of lands abutting the street.
Any tree, shrub or plant, or any root, branch, flower or
other part thereof that is located in or upon any street, park or
public property.
A radius of at least 1.25 feet of protected area for each
inch of trunk DBH. For example, a tree with a ten-inch diameter should
have protection placed 12.5 inches from the tree. A twenty-foot-diameter
tree should have fencing placed at least 25 feet from the tree to
protect the tree roots. This may mean protecting the roots on-site.
This area is to be free of equipment, supplies or building materials
and to be delineated by an orange construction fence.
[Amended 4-25-2023 by Ord. No. 2023-85]
A.
Except as hereinafter provided, the initial cost of all trees recommended
for planting by the Borough Official, the cost of planting the same,
the cost of the posts and boards or guards used for the protection
thereof, and the cost of the removal of any tree or part thereof dangerous
to the public safety shall, in accordance with uniform rules and regulations
promulgated for this purpose, be a charge upon the real estate in
front of which such tree or trees shall be planted or removed as an
improvement thereof. Such cost, if it is so determined that it is
to be paid by the owner, shall, unless paid directly to the Borough
of Ho-Ho-Kus, be certified by it to the Collector of Taxes of the
municipality; shall thereupon become and be a lien upon said real
estate; shall be included in the next tax bill rendered to the owner
or owners thereof; and be collected in the same manner as other taxes
against that property.
No person shall, without a permit, do any of the following acts:
A.
Cut, prune, break, injure, remove, disturb or interfere in any way
with any tree, including the root system;
B.
Spray with any chemical any tree or near a tree to cause injury or
death to said tree;
C.
Fasten any rope, wire, sign or other device to a tree or to any guard
about such tree;
D.
Remove or injure any guard or device placed to protect any tree;
E.
Close or obstruct any open space provided about the base of a tree
to permit the access of air, water and fertilizer to the roots of
such trees;
F.
Excavate under the drip line;
G.
No person shall plant any tree in any park, street, right-of-way,
or Borough property without a permit;
H.
Place any sign, lighting or decoration on a tree or root system.
A.
No person shall, without a permit, place or maintain in any street
or park any stone, cement or other sidewalk or any stone, cement or
other substance which shall impede the free access of air and water
to the roots of any tree.
B.
Where any tree is to be surrounded by pavement of stone, cement,
asphalt or any other substance tending to impede the free access of
air and water to the roots of the tree, no portion of such pavement
shall be nearer to any portion of the base of the trunk than four
feet.
C.
As to Borough sidewalks, this shall apply only to new development(s);
not to replacement of existing sidewalks.
A.
No person shall place salt, brine, oil or any other substance injurious
to plant growth in any street or park in such a manner as to injure
any tree.
B.
No person shall build any fire or station any tar kettle, road roller,
fuel-oil- dispensing truck, or other engine in any street or any other
place in such a manner that the heat, vapors, fuel, or fumes therefrom
may injure any tree.
C.
Every person or entity, having or maintaining any underground or
overhead utility lines in any street, public property or park shall
maintain such lines in such a manner as will safeguard the trees against
any damage therefrom and shall make periodic adjustments whenever
necessary to prevent damage to trees
[Amended 4-25-2023 by Ord. No. 2023-85]
A.
In any site improvement, erection, alteration or repair of any structure
or building, the owner, contractor or other person in charge thereof
shall place required protection around the tree protection zone (TPZ)
of all street trees and nearby trees as directed by the Construction
Official or his designee. No storage of equipment, supplies or building
materials will be permitted in the tree protection zone.
B.
No person shall use or operate any power equipment or any other implement
or tool in such a manner so as to damage or destroy any tree.
[Amended 4-25-2023 by Ord. No. 2023-85]
A.
No person shall string any wires in or through a public park or property
without a permit.
B.
Every person having or maintaining any electric, telephone, telegraph,
cable TV or other wires running in or through a street, public property,
or park shall securely fasten and maintain such wires in such manner
as will safeguard all trees against any damage therefrom and shall
make periodic adjustment whenever necessary to prevent damage to all
trees.
C.
No person shall, without a permit, attach or fasten any wires, insulator
or other device for holding any wire to any tree.
D.
Whenever the Borough shall deem it necessary to prune or remove any
tree, any persons having a wire running in or through any street or
park shall temporarily remove such wire within 24 hours after the
service upon the owner or his agent of a written notice to do so.
E.
Any public utility or its agents after filling out a permit may,
upon receiving written permission from the Borough at least 72 hours
prior to the start of work, prune or remove trees for line clearance
of utility wires in nonemergency situations pursuant to a line clearance
program.
F.
Any public utility or its agents may undertake emergency tree work
to restore electrical service or spot work to prevent interruption
of electrical, telephone, telegraph, cable TV or other wire services.
In such event the utility will notify the Borough of said work within
three business days of its beginning.
A.
Any person who violates any provisions of this chapter or who fails
to comply with the terms and provisions of any permit issued pursuant
hereto shall pay a fine not less than $200 nor more than $1,500 for
each violation. Each day that a violation shall continue shall constitute
a separate offense. This chapter shall be enforced by either the Property
Maintenance Officer, Zoning Officer or by the Borough of Ho- Ho-Kus
through any of its duly authorized agents or employees by like proceedings
and process consistent with the practice for the enforcement of ordinances
of the Borough of Ho-Ho-Kus. The officers authorized by law to serve
and execute process in the aforementioned court shall be the officers
to serve and execute any process issued out of any court under this
chapter.
B.
Restitution. In addition to the penalties authorized in this chapter,
any person who removes, damages or otherwise destroys a tree in violation
of a municipal ordinance shall pay restitution or 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
licensed tree expert for that purpose. In lieu of an appraisal, replacement
shall be determined by use a formula and schedule based upon the Council
of Tree and Landscape Appraisers Guide for Plant Appraisal, 9th Edition
(or latest edition) guidelines.
C.
In the absence of the Property Maintenance or Zoning Officer, stop
orders may be issued by the Borough Administrator, Superintendent
of Public Works or duly authorized police officer.
A.
All monies collected, either as fines or penalties, for any violation
of a rule or regulation or as a charge against real estate, under
any provision of this chapter, shall be forthwith paid over to the
Custodian of the Municipal Funds.
B.
Restitution shall be paid or the value of a tree removed, destroyed
or damaged and for the value of labor and materials required.
Nothing contained in this chapter shall be construed to make
the Committee or any member thereof responsible for the death or injury
of any person or for any injury to any property or highway tree or
shrub.
A.
The Shade Tree Committee shall adopt, upon approval of the governing
body, from time to time, a fee schedule policy for permits and services.
B.
Permit fee schedule:
(1)
Tree planting. One up to five trees: $50 each. Over five trees: $25
each additional tree.
(2)
Tree pruning. One up to five trees: $100 each. Over five trees: $50
each additional tree.
(3)
Tree removal. One up to five trees: $250 each. Over five trees: $150
each additional tree.
(4)
Excavation inspection fee: $125 per hour.
(5)
General tree inspection fee: $125 per hour.
