For the purposes of this chapter, the following terms as used
within the chapter are defined as follows:
BOROUGH PROPERTY
Lands which are owned by the Borough of Ho-Ho-Kus or are
within the right-of-way (ROW) of the Borough's, county's
or state's streets, highways (especially the area between the
curbing and sidewalk), open space or under the control of the Borough
of Ho-Ho-Kus by way of ownership, deed restriction or other covenant.
CALIPER
Standard measure of tree size for trees to be newly planted.
The measurement is taken six inches above the ground level for trees
four inches in diameter or less and 54 inches above the ground for
trees over four inches in diameter.
DRIPLINE
A line connecting the tips of the outermost branches of a
tree projected vertically onto the ground.
EMERGENCY
Any tree that creates an immediate hazard or danger to persons
and property, as a result of a weather event, such as a hurricane,
windstorm, flood, freeze or other disaster, or other cause.
ENDANGERED SPECIES TREE
Any tree of a species which is threatened with extinction
including, but not limited to, those species of trees so noted in
New Jersey State and/or national registers.
HISTORIC TREE
Any tree with or approaching the girth which is the largest
of its species in the State of New Jersey, or any tree located on
private property which has been identified as such by the State of
New Jersey and/or dedicated by the Borough Council, with the consent
of the landowner, to an individual or event.
LICENSED TREE CARE OPERATOR (LTCO) AND LICENSED TREE EXPERT
(LTE)
Professional certifications issued by the New Jersey Board
of Trees Experts as delineated in the Tree Expert and Tree Care Operator
Licensing Act of 2010. All tree care companies doing business in the State of
New Jersey are required to have at least one licensed LTCO or LTE
on staff.
PLAN
The tree removal/replacement plan, in accordance with the
requirements of this tree chapter, which indicates the trees to be
removed or replaced.
PREFERRED TREE LIST
A list of trees recommended by the Borough Arborist to be
best adapted to the climate, soil and topography of the Borough of
Ho-Ho-Kus formulated for use by persons intending to plant trees.
PROTECTIVE BARRIER
A barrier constructed to protect the root system and/or the
trunk of a tree from damage during construction and/or from equipment,
soil or material deposited on the site. The protective barrier may
consist of a snow fence, sawhorses or other similar structure which
is sufficient to protect the root system or trunk of a tree from potential
damage.
REGULATED WATERS
All waters in the state excluding man-made canals and waters
draining less than 50 acres as described in N.J.A.C. 7:13-2.2.
RIGHT-OF-WAY
A strip of land acquired by reservation, dedication, prescription
or condemnation and intended to be occupied by a street, a crosswalk,
a railroad, electric transmission lines, an oil or gas pipeline, a
water line, a sanitary storm sewer, or other similar uses.
RIPARIAN ZONE
Land and vegetation within and adjacent to a regulated water.
SPECIMEN TREE
Any tree which by its singular nature, condition, size, location
and/or appearance is determined by the Borough Planner, Zoning Official,
and/or Borough Arborist to impart a particular value to a property
or landscape.
TREE
Any living woody perennial deciduous plant with a caliper
of at least six inches measured six inches above the ground, or any
living woody perennial evergreen plant or thinner deciduous plant
(e.g., dogwoods, birches, American hornbeams, etc.) at least 15 feet
in height above ground level.
TREE REMOVAL PERMIT
Written authorization from the Ho-Ho-Kus Zoning Official
allowing the removal of trees in accordance with the tree removal/replacement
plan as approved by the Zoning Official, Borough Planner, and/or the
Borough Arborist.
If permitted as set forth below, any tree as defined in this
chapter (and any smaller trees) may be removed from a privately owned
lot or tract of land without the necessity of submitting a tree removal/replacement
plan and obtaining a tree removal permit except that, in any case,
no endangered species tree, historic tree or specimen tree may be
removed without a tree removal permit, except in the case of an emergency
as set forth in Subsection B(2), below:
A. Up to six trees may be removed every 12 months for any reason from
an existing lot within the Borough of Ho-Ho-Kus which contains a residential
dwelling, but no more than 10 trees may be removed for any reason
from an existing lot which contains a residential dwelling within
any five-year period. The limitations herein shall not apply to any
tree or trees removed for the approved construction of a new home,
an addition to an existing home, the installation of a new septic
system or the repair/replacement of an existing septic system, or
the construction of an accessory structure to the home, such as a
patio, deck, tennis court and/or swimming pool, but only to the extent
reasonably required, after due consideration of the property owner's
design needs, for the construction of the home, the addition, the
repair/replacement of the septic system or an accessory structure.
B. The removal of the tree or trees permitted below shall not count toward the six trees permitted to be removed every 12 months or the total of 10 trees permitted to be removed in each five-year period specified in Subsection
A above.
(1) Any dead or diseased tree, or any tree that creates an imminent hazard or danger to persons and property or an emergency, as defined in §
76C-2, above, may be removed immediately. However, the property owner shall, upon request of the Zoning Official, be required to provide documentation confirming said conditions, which will include photographs of the trees removed and the property and a certification from a duly licensed LTE.
(2) Any tree may be removed as directed by the Borough of Ho-Ho-Kus,
Bergen County, the State of New Jersey.
(3) Any tree may be removed pursuant to an application for development
(as defined in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.)
approved by the Ho-Ho-Kus Borough Planning or Zoning Board, provided
that said approval includes a tree replacement plan.
(4) Any tree may be removed as part of the operation of an agricultural
or horticultural use on property that is five acres or more, and that
is assessed for local property taxes pursuant to the New Jersey Farmland
Assessment Act of 1964, N.J.S.A. 54:4-23.1 et seq.
During the construction of any structure on a property, care
must be taken to protect any existing tree within the vicinity of
the construction by erecting a protective barrier as defined in this
chapter and in accordance with the following:
A. No equipment, soil or material shall be placed within the TPZ or
dripline, whichever is greater, of any tree located on the subject
property within the vicinity of the construction, and a protective
barrier shall be erected around the areas of such trees defined by
the dripline. For example, a tree with a ten-foot diameter should
have protection placed 12.5 feet 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.
The Ho-Ho-Kus Borough Zoning Official or his/her designee shall
review the site to determine whether the cutting, removal, or destruction
of the tree shall impair drainage conditions, impair soil erosion,
increase dust concentration, decrease the fertility of the soil or
deteriorate the property value, destroy a buffer between residential
and nonresidential uses; and shall further determine the overall physical
conditions of the land and the deleterious effect thereon if any,
in accordance with the standards set forth in this chapter. No action
may be taken by the landowner until written authorization is received
and a permit issued.
A. Two copies of each tree removal/replacement plan shall be submitted
to the Ho-Ho-Kus Borough Zoning Official, who shall retain one copy
for the Borough's records.
B. The Ho-Ho-Kus Zoning Official shall review and act upon each submitted
plan within 10 business days of the date the plan was submitted. Should
the Zoning Official determine that a review is required by the Borough
Planner and/or Borough Arborist, the Zoning Official shall have the
authority to extend the review period to up to 30 calendar days.
C. If the Zoning Officer requests review, the Ho-Ho-Kus Borough Arborist
shall consider a request from the Zoning Official regarding the submitted
plan, provided that the report is forwarded to the Borough Arborist
within 30 days of the date the plan was submitted to the Zoning Official.
D. The Ho-Ho-Kus Zoning Official, Borough Planner and/or Borough Arborist
shall inspect the subject property as part of the review of the submitted
plan.
E. Should the Zoning Official approve the submitted plan, either as
submitted or subject to specified conditions, a tree removal permit
shall be issued by the Zoning Official in writing to the landowner
indicating any specific conditions of the approval.
F. Should the Zoning Official deny approval of the submitted plan, the
Zoning Official shall notify the landowner in writing with the reasons
for the denial.
G. If the submitted plan is denied by the Zoning Official, the landowner
shall have the right to appeal the decision to the Zoning Board of
Adjustment.
A $100 administrative fee shall be required upon submission
of a permit for the tree removal application. All fees collected for
tree removal application will be collected by the Zoning Office and
deposited into a Tree Bank Trust Account maintained by the Borough
Finance office. Any expenditure of said fees must be approved by the
Borough Arborist and be utilized only for the purposes of tree planting
and restoration in the Borough of Ho-Ho-Kus.