[HISTORY: Adopted by the Village Council
of the Village of Ridgewood 4-13-2022 by Ord. No. 3900[1]. Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 260,
adopted 11-28-2018 by Ord. No.
3682, as amended.
A.Â
The Council of the Village of Ridgewood, is desirous of minimizing
the indiscriminate removal and cutting of trees upon lots, parcels,
and tracts of land within the Village, which can result in increased
stormwater runoff, soil erosion, and decreased groundwater recharge
to our groundwater aquifer-supplied potable water system. All of these
can negatively impact the environmental and visual character of the
Village and decrease property values. The Village desires to control
the removal of qualified trees and require the replacement of trees
that are removed with new trees.
B.Â
When trees must be removed, the intent of this chapter is to provide
for the planting of replacement trees in place of those lost trees,
not necessarily in kind or even on the same site, but throughout the
Village to maintain the Village's tree stock for future generations
to enjoy.
Below are defined key terms to be used with this chapter.
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 "above ground" 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 DBH of the trunk with the greatest
diameter shall be measured for permit purposes.
An individual who holds a New Jersey State Tree Expert license,
or is a Board Certified Arborist or Master Arborist under the International
Society of Arboriculture.
Any tree with a diameter measured at breast height (DBH)
of eight inches or greater, on any lands within the Village of Ridgewood.
Any tree proposed to be considered as replacement for a qualified
tree removed under a permit.
A.Â
Pursuant to the authority contained in N.J.S.A. 40:48-2.26 et seq.,
whenever it is determined to be necessary and expedient for the preservation
of the Village's tree stock while addressing issues of public safety,
the owner or tenant of any land or premises within the Village, shall
within 10 calendar days after the receipt of written notice from the
Village sent by certified mail, return receipt requested, to the last
known post office address of such owner or tenant, shall keep all
brush, hedges and other plant life which is growing within 10 feet
of any roadway and/or 25 feet of the intersection of two roadways
cut to a height of not more than 2.5 feet.
B.Â
The aforesaid notice shall be sent by the Director of Department
of Building and Inspections, or their authorized designee; as well
as the Director of the Department Public Works or their authorized
designee, and shall direct the cutting of all such brush, hedges or
other plant life and shall set forth the reasons therefor. The notice
shall provide an opportunity to such owner or tenant, within five
days of the receipt of such notice, to show cause before the identified
directors in the notice, by sending a written reply to such notice
within five calendar days of the receipt of such notice why the demands
therein cannot be met.
C.Â
For locating
trees that may be within the public right-of-way, all measurements
for determining their location in relation to the limits of the public
right-of-way shall be taken at DBH (diameter at breast height) of
the tree by authorized representatives of the Engineering Division
of the Department of Public Works.
A.Â
No person, property owner, hired firm, or other entity shall cause to be cut or removed any existing qualified tree, with a diameter at breast height (DBH) eight inches or greater, upon any private lands within the Village of Ridgewood, without a permit issued by the Village of Ridgewood in accordance with § 260-7. Exemptions to this requirement are set forth in § 260-8.
A.Â
It shall be unlawful for the owner or occupant of any lands within
the limits of the Village to permit to exist or harbor tent caterpillars,
gypsy moth, or any other insect detrimental to the health and wellbeing
of a tree on such premise after being noticed of such by certified
mail return receipt requested. Any firm retained to eradicate insects
in or on trees shall be duly licensed for such tasks by the New Jersey
Department of Environmental Protection.
B.Â
It shall be expressly prohibited anywhere within the public rights-of-way
and public properties of the Village of Ridgewood to affix a sign
or any other device to a tree of any size by means of any type of
fasteners, including but not limited to, nails, screws, or bolts.
C.Â
It shall be expressly prohibited in the Village of Ridgewood to fasten
any rope, wire, or cable to a tree within the public right-of-way
for any reason other than for staking stabilization purposes of the
tree in accordance with standard arboriculture practices.
D.Â
No person shall hitch or fasten an animal to any tree or shrub within
a public right-of-way or any guard or support provided for such tree
or shrub or permit an animal to bite or otherwise injure any such
tree or shrub.
E.Â
No person shall permit or cause to be permitted the discharge or
release of any liquid, gas or solid compound containing injurious
chemicals to come in contact with the stalk, leaves, bark or roots
of any tree or shrub within the public right-of-way.
F.Â
During the execution of any work on trees on public lands in the
Village of Ridgewood, other than for a tree's removal, no gaffs or
spikes shall be permitted to be used to ascend a tree by a climber.
G.Â
It shall be expressly prohibited in the Village of Ridgewood to alter
or prune any tree within the public right-of-way, or the conditions
surrounding a tree in the public right-of-way in such a manner which
may reduce its viability and life span.
H.Â
The planting in the Village of "running bamboo" known as "phyllostachys
aureosulcata," or any bamboo of such genus shall be prohibited.
I.Â
Decorative
lights shall not be strung or affixed in or on any tree within the
public right-of-way or on public property. No electric cords or wiring
shall be permitted to encircle the trunk of a tree within the public
right-of-way. Exceptions to this shall be Village of Ridgewood sponsored
and/or authorized projects, as well as Village Manager authorized
decorative lighting requests from Central Business District locations
for the duration of November 15 through January 15.
A.Â
When a
sidewalk is constructed or being reconstructed due to defects, within
the public right-of-way, the party responsible for the work (i.e.,
the adjacent property owner), shall coordinate all work that may affect
the root systems of trees within the public right-of-way with the
Village's Arborist or their designee. Such responsible party shall
be required to notify the Village Arborist prior to the commencement
of any such work.
B.Â
No tree,
tree root or roots shall be cut or removed for sidewalk construction,
reconstruction or driveway enlargement within the public right-of-way,
without first obtaining written authorization from the Village Arborist.
The Village Arborist shall provide any requested documentation regarding
same to the Engineering Division for the curb and sidewalk permit.
Said authorization shall be appended to either the zoning review of
the proposed work or a curb and sidewalk work or driveway enlargement
permit issued by the Engineering Division.
C.Â
Any tree within the public right-of-way removed for a driveway enlargement or construction shall be considered a qualified tree, and replaced in accordance with the provisions of § 260-10.
D.Â
The Village
Arborist or their designee shall have authority to determine in such
instances covered in this section whether root grinding, a tree's
removal, a "round out" or "bump out" is warranted for trees within
the public right-of-way, with the goal to preserve trees as best as
possible. Defective sidewalk slabs within five feet of a tree shall
be removed, and a new slab cast in accordance with the Village Arborist's
directive.
E.Â
Any tree
roots cut, damaged, or removed in the public right-of-way without
the Village Arborist's or their designee's authorization, shall be
deemed a violation of this chapter.
A.Â
Any qualified tree desired to be removed, in the Village of Ridgewood, shall require a permit issued by the Division of Engineering of the Department of Public Works, unless said tree meets the exemption criteria in § 260-8.
B.Â
All applications to the Village of Ridgewood Planning Board, Zoning Board of Adjustment, Building Department, or Engineering Division that propose removal of any qualified trees, shall require a permit, unless said trees meet the exemption criteria in § 260-8.
C.Â
Any application
for a qualified tree removal permit, whether in conjunction with a
major or minor subdivision application, major or minor site plan application,
or other private property improvement, shall be submitted to the Engineering
Division of the Department of Public Works for review and subsequent
action. The Engineering Division shall coordinate all applications
with the appropriate land use board, if necessary. The Engineering
Division will make a courtesy notification of any applications or
permits issued to the Village's Shade Tree Commission, and the Village
Arborist, as necessary.
The following tree conditions shall be exempt from the provisions of § 260-7. If a tree is deemed exempt, its removal shall not require a replacement tree or a permit. However, an application shall be made to determine if the tree is exempt prior to any action being taken unless an emergency situation exists.
A.Â
Any and all trees directed to be removed by the Village of Ridgewood,
the County of Bergen, and the State of New Jersey authorities pursuant
to the law.
B.Â
(Reserved)
C.Â
The removal
of any tree or trees growing on or over the public right-of-way or
public land with the consent of the Village's Arborist.
D.Â
Removal
of any tree(s) that are dead, dying, or obviously diseased on private
property, as determined by a licensed tree expert.
E.Â
Trees that
have suffered damage, trees whose growth has been significantly compromised,
or are a danger or hazard to structures and human life on private
property, as determined by a licensed tree expert.
F.Â
Trees that
have suffered damage, trees whose growth has been significantly compromised,
or are a danger or hazard to structures and human life within the
public right-of-way, as confirmed by the Village Arborist or their
designee.
G.Â
Pruning or the removal of trees within the right-of-way recognized
and accepted by public utility companies for the conveyance of their
services for the purpose of maintenance of said utility wires, cables,
or pipelines with their attendant appurtenances. This shall also include
the trimming or removal of trees that obstruct municipal signage,
traffic control devices, and compromised sight angles at intersections
and roadways for the safety of the public.
A.Â
Tree removal
permits for qualified trees shall contain the following:
An application for a tree removal permit shall be filed with the Village Engineering Division for the removal of any qualified trees and for the determination of any applicable exemptions. Trees determined to be exempt shall not require a permit fee as described in Chapter 145, Section 260, Fees.
A tree removal permit shall be valid only for the location (property)
for which the application is made. The permit shall not authorize
trespass on any adjoining property.
Applications shall provide the following information:
(1)Â
If
using a licensed tree expert, for any determinations regarding trees,
provide their name, address, title and license number.
(2)Â
Lot
and block or lots and blocks of the proposed qualified tree removal
work. Street address of proposed work. Identity of the owner(s) of
the land where the work is proposed.
(3)Â
Location
of the qualified tree on the property (front yard, rear yard, side
yard).
(4)Â
The
purpose or reason for the removal of the qualified trees.
(5)Â
The
number of qualified trees being removed. List by species and size
(diameter at breast height).
(6)Â
Proposed
start date of the work. Proposed date of completion.
(7)Â
A plan
for either replacing or offsetting the trees proposed to be removed
with the new tree's location on the property.
The Village' s Engineering Division shall, upon approval of
an application for a tree removal permit, issue a permit and shall
forward a duplicate of the permit to the Village Building Department
and the Village Arborist. All permits shall be visibly displayed on
the subject property until project completion.
A.Â
When a tree removal permit is filed for removal of a qualified tree,
the applicant shall provide for a replacement tree. Replacement trees
shall be provided on a one for one replacement for qualified trees
removed.
B.Â
In the event the applicant does not or cannot provide suitable land for a replacement tree(s), the applicant shall be required to remit an amount for each qualified tree removed to the Village's Replacement Tree Escrow Fund. The value for a replacement tree is set forth in § 145-6, Fees, § 260-10B.
C.Â
Any and
all escrowed funds shall be used to purchase and plant replacement
trees within the public rights-of-way throughout the Village, public
parks, Green Acres listed open space areas, stream bank restoration/protection
projects, all to help maintain the Village's tree stock.
D.Â
Any replacement
tree proposed shall have a DBH of a minimum 1.75 inches or greater.
E.Â
There
is no permit required to plant a tree should a property owner desire
to do so. The Village would appreciate notification of any tree plantings
to help track the health of the Village's tree canopy.
The Director of Public Works or their designee; the Director
of Parks and Recreation or their designee, the designated Village
Arborist; or any other Village employee who may be designated by the
Village Manager, shall have the authority to enforce this chapter.
Enforcement shall mean the following:
A.Â
Issuance
of a municipal summons for the violation of any sections of this chapter.
B.Â
In addition
to any other applicable provision stated above, in the event a qualified
tree is removed without a permit, the Village's Director of Public
Works shall notify the registered property owner in writing that a
replacement tree for each qualified tree removed must be planted in
accordance with the provisions of this chapter. Upon failure to plant
replacement trees within a period of six months, seasonally dependent
on weather and proper planting seasons, an additional summons payable
at the violations window for first and second offenses.
Upon conviction or other determination of guilt for a violation
of this section, the fine for each offense shall not be less than
the cost of each replacement tree installed, plus a penalty of $500,
plus court costs.