[HISTORY: Adopted by the Mayor and Council of Ho-Ho-Kus 4-25-2023 by Ord. No. 2023-84. Amendments noted where applicable.]
A.
The Borough of Ho-Ho-Kus has a long-standing commitment to preserving
the environmental assets and aesthetics of its natural surroundings.
Ho-Ho-Kus has determined that the indiscriminate, uncontrolled and
excessive destruction, removal and cutting of trees upon privately
owned individual lots and tracts of land within the Borough will increase
the municipal costs to control surface drainage and will increase
the probability of soil erosion, sedimentation and a decrease of soil
fertility, all of which conditions negatively impact the environment
and the public safety, health and welfare of the citizens of the Borough
of Ho-Ho-Kus,
B.
The appropriate management and use of existing vegetation resources
are an important health, safety and welfare concern as per N.J.S.A.
40:48-2. Therefore, it is the intent of these regulations to:
(1)
Reduce soil erosion and protect surface water quality by minimizing
soil and tree root disturbance in existing woodlands, around tree
masses or under individual trees.
(2)
Reduce stormwater runoff, velocity and volume by retaining woodland
and forest areas where stormwater can infiltrate easily.
(3)
Increase groundwater recharge by retaining woodland areas where stormwater
can infiltrate easily.
(4)
Improve air quality by conserving existing trees and other mature
vegetation which produce oxygen and remove carbon dioxide from the
atmosphere.
(5)
Protect wildlife habitat.
(6)
Retain existing trees to provide wind breaks, shade and other microclimate
benefits.
(7)
Retain trees and woodlands that are important to the history or natural
and aesthetic beauty of the Borough of Ho-Ho-Kus.
(8)
Preserve and enhance property values by retaining and properly protecting
existing trees.
For the purposes of this chapter, the following terms as used
within the chapter are defined as follows:
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.
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.
A line connecting the tips of the outermost branches of a
tree projected vertically onto the ground.
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.
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.
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.
Provides accreditation to those in the tree industry with
demonstrated knowledge and skills to properly care for trees.
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.[1] 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.
The tree removal/replacement plan, in accordance with the
requirements of this tree chapter, which indicates the trees to be
removed or replaced.
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.
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.
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.
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.
Land and vegetation within and adjacent to a regulated water.
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.
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.
A radius of at least 1.25 feet of protected area for each
inch of trunk diameter DBH.
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.
[1]
Editor's Note: See N.J.S.A. 45:15c-11 et seq.
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.
A.
Unless the tree is smaller than described in the tree definition of this chapter or is otherwise permitted to be removed in accordance with one or more of the provisions listed in § 76C-3 of this chapter hereinabove, no more than six trees every 12 months, or 10 trees in any five-year time period on any residential lot within the Borough of Ho-Ho-Kus shall be removed (or purposely injured or damaged) unless a tree removal/replacement plan is submitted to and approved by the Zoning Official, with the advice and review of the Borough Arborist in accordance with the provisions of this chapter. This requirement remains applicable for up to two years prior to an application being submitted and applies to development projects as defined in § 76C-3A.
B.
Additionally, any landowner desiring to clear an area greater that
1,500 total square feet, including not only trees, but also brush
and/or natural vegetation, must obtain approval under this chapter.
C.
The tree removal/replacement plan and accompanying information shall
include the following:
(1)
The subject property where the tree(s) is/are to be removed shall
be identified by street address, tax block and lot number(s) and approximate
acreage;
(2)
The name, address and telephone number of the owner of the subject
property or the owner's duly authorized agent;
(3)
The name, address, and state license identification number of the
New Jersey LTCO licensed tree contractor who will be performing the
tree removal work. All tree contractors must comply with the NJ Tree
Care Licensing Act, N.J.S.A. 45:15c-11 et seq., and the contractor
must carry a current/valid LTCO or LTE license from the State of New
Jersey. Unless the tree removal is being performed by the landowner,
the tree removal must be performed by a LTCO or LTE as defined herein;
and
(4)
The tree(s) proposed to be removed shall be clearly marked on the
subject property for review by the Zoning Official, Borough Planner
and/or Borough Arborist.
(5)
To the extent required by the Zoning Officer to make an appropriate
decision, the following information shall be shown on a map, legal
survey or site plan which is drawn to scale and is of a suitable size
to depict the required information:
(a)
The total number and the location and size of each tree proposed
to be removed;
(b)
The total number and approximate location of any trees removed
from the lot in the preceding 12 months, if known;
(c)
The location of the principal building and all accessory buildings
on the subject property;
(d)
The location of any driveway on the subject property;
(e)
The location of any deed restricted areas, scenic buffers, and/or
HOA restricted areas on the subject property;
(f)
The location, type, and number of trees to be replanted on the
property.
A.
Hardship trees: Generally, any tree likely to cause a hardship upon
the landowner or a neighboring landowner will be approved for removal.
B.
Streetscape trees: All trees between the frontage street and the
principal building on a lot should be preserved to the maximum extent
possible.
C.
Trees which visually screen: All trees which visually screen large
tracts of vacant land or large structures shall be preserved to the
maximum extent possible.
D.
Trees on public land: No tree within a public right-of-way or easement
or on any publicly owned land shall be removed by any individual,
unless specifically authorized in writing by the Borough of Ho-Ho-Kus.
E.
Trees on steep slopes: No tree on a steep slope shall be removed
if the Zoning Official, in consult with the Borough Engineer, factually
concludes that the removal of the tree will cause increased surface
water runoff onto an adjacent property, will cause increased soil
erosion and/or silting, will cause significantly increased dust in
the air, and/or will cause a decrease in the fertility of the soil.
F.
Solar installations: No trees may be removed or topped to expose
ground-mounted or roof-mounted solar panels unless expressly permitted
as a part of the zoning permit application process.
G.
Trees within buffers. No tree may be removed that is located within
a buffer that was created as a condition of approval of a development
approved by the Planning or Zoning Board, or within recorded homeowners
association documents, without approval of the board or body that
imposed the buffer.
A.
Each tree removed pursuant to a submitted and approved tree removal/replacement plan and not otherwise allowed to be removed without a tree removal permit pursuant to § 76C-4, above, either shall be replanted on the subject property or shall be replaced with a new tree planted either on the subject property or as directed by the Zoning Official. The specific location of all replanted and newly planted trees shall be as approved by the Ho-Ho-Kus Zoning Official and/or the Borough Arborist. All newly planted trees shall meet the following minimum standards and requirements:
(1)
Each newly planted tree shall be a species from the approved preferred
tree list that is continually updated and will be provided by the
Borough;
(2)
Each newly planted tree shall have a minimum caliper at the time
of planting of 1 1/2 inches measured six inches from the ground;
(3)
Each newly planted tree shall be of nursery stock and shall be balled
and burlapped or container of similar size caliper; and
(4)
Each newly planted tree shall be guaranteed for at least two years
from the date of planting, and any tree which does not survive within
that time period shall be replaced by another tree of the same size
and species at the expense of the landowner.
B.
The tree replacement plan shall provide for replacing the removed
or destroyed tree(s) in the same or contiguous location(s) on the
premises, and in accordance with the following specific requirements.
The tree replacement plan shall require that the applicant replace
each removed or destroyed tree with one or more trees depending upon
the DBH of the removed or destroyed tree, in accordance with the tree
replacement schedule.
C.
Based on industry standards and site conditions on the premises,
and in consultation with the Zoning Officer, the applicant may, in
lieu of on-premises planting of the required replacement tree(s),
be permitted to pay a tree replacement fee into the Ho-Ho-Kus Shade
Tree Trust Reserve for up to 50% of the trees to be removed and/or
destroyed based on the foregoing tree replacement schedule. The tree
replacement fee shall represent the cost to replace the removed or
destroyed tree(s), including administration and labor costs. At least
50% of the required replacement trees shall be planted on the applicant's
premises as identified in the application.
|
Tree Removed/Destroyed
(DBH in inches)
|
Number of Required Replacement Trees
|
Tree Replacement Fee
|
|---|---|---|
|
6 to 11.99
|
1
|
$500
|
|
12.99 to 23.9
|
2
|
$1,000
|
|
24 to 30.99
|
3
|
$1,500
|
|
Greater than 31
|
4
|
$2,000
|
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.
A.
The requirements under this chapter shall be enforceable by the Code
Enforcement Officer or his designee, including, but not limited to,
the Borough Construction Official or Zoning Officer. The Ho-Ho-Kus
Police Department can also enforce provisions of this chapter.
B.
The Construction Official shall not issue a construction permit or
a certificate of occupancy until all applicable requirements of this
chapter have been met.
A.
Any person found to have violated any provision of this chapter shall
be required to adhere to the requirements of this chapter and shall
be subject to a fine not exceeding $1,000 or imprisonment for 30 days,
or both, for each offense. In addition to monetary sanctions, the
Zoning Official may request and the Court may grant a specific performance
penalty by way of a restoration plan for the cut trees and/or other
disturbed areas. Restitution in accordance with the ISA valuation
of the tree(s) removed.
B.
Cutting of each tree covered by this chapter shall be considered
as a separate and independent violation of this chapter.
