[Adopted 12-3-2002 by Ord. No. 6320-02]
This article shall be known as the "Tree Removal
and Protection Ordinance of the City of Clifton."
The Mayor and Municipal Council of the City
of Clifton finds that the preservation, protection and planting of
trees aids in the stabilization of soil by the prevention of erosion
and sedimentation; reduces stormwater runoff and the potential damage
it may create; aids in the removal of pollutants from the air and
assists in the generation of oxygen; provides a buffer and screen
against noise and pollution; provides protection against severe weather;
aids in the control of drainage and restoration of denuded soil subsequent
to construction or grading; provides a haven for birds and other wildlife
and otherwise enhances the environment; protects and increases property
values; conserves and enhances the City's physical and aesthetic appearance;
and generally protects the public health and safety as well as the
general welfare.
The following definitions shall apply to this
article:
A deciduous tree with a mature height of at least 20 feet
which shall be of a caliper of at least 2 1/2 inches measured 4 1/2
feet above the ground when planted (e.g., red, Norway, silver or sugar
maple; sweetgum; London plane; American sycamore; white, red or pin
oak; American elm; yellow or white poplar; or copper beech, and such
other species as requested by applicant, all of the aforesaid species
to be approved by the administration official in charge of enforcement
of this article).
An evergreen tree, ornamental tree or other small tree at
least six feet in height at time of planting (e.g., birch, dogwood,
Japanese maple, cherry, crab apple, magnolia, Bradford pear, willow,
cedar, spruce, pine, fir or hemlock, and such other species as requested
by applicant, all of the aforesaid species to be approved by the administration
official in charge of enforcement of this article).
The owner of a parcel of real estate or any other individual,
group, company, firm, corporation, partnership, association, society
or other legal entity.
For purposes of this article, the common name of the tree.
A combination of materials to form a construction for occupancy,
use or ornamentation, whether installed on, above or below the surface
of a parcel of land.
[Amended 5-3-2005 by Ord. No. 6481-05]
The provisions of this article shall apply to
all new subdivisions, site plans and new construction within the City
of Clifton. The provisions of this article shall not apply to additions
or alterations to existing one- and two-family residences on lots
with areas of 9,375 square feet or less.
No person shall cut down or remove any tree
of a caliper of four inches or greater measured at a height of 4 1/2
feet above the ground or engage in any site clearing without a tree
removal permit.
A.Â
Application for a tree removal permit shall be made
by submission of the following (commercial, multifamily, and one-
and two-family):
(1)Â
An original and two copies of an application on forms
provided by the City containing the following information: the name
and address of the applicant; the street address and tax lot and block
of the property in question; the number of trees to be removed; and
reason for tree removal.
(2)Â
An original and two copies of a tree removal plan
consisting of a map drawn to scale showing the location of all trees
to be removed, the species of such trees and their caliper. In the
event that the application is for the removal of more than five trees,
the tree removal plan must be prepared, signed and sealed by a licensed
land surveyor, and must show the location of all existing and proposed
structures on the property, together with the distance, up to 15 feet
that the trees proposed to be removed are located from such structures
and from the property line. This section applies to commercial and
multifamily only.
(3)Â
An original and two copies of a tree mitigation plan (if mitigation is required pursuant to § 433-37, Subsection D, Mitigation), consisting of a map drawn to scale showing the location of all trees to be planted, the species of such trees and their caliper or size as required. Said plan shall be prepared, signed and sealed by a professional engineer, land surveyor, architect or landscape architect. This section applies to commercial and multifamily only.
B.Â
The applicant shall place a one-inch-wide red, yellow,
or blue ribbon around the trunk of each tree to be removed at a height
of 4 1/2 feet above the ground so that the proposed tree removal may
be inspected in the field.
The fee for a tree removal permit shall be the
following:
|
Number of Trees
|
Fee
|
|---|---|
|
1 to 5
|
$50.00
|
|
6 to 10
|
$100.00
|
|
11 to 20
|
$200.00
|
|
21 to 50
|
$300.00
|
|
51 and over
|
$400.00, plus an additional $100.00 for each
additional 50 trees or part thereof
|
The following standards for review of applications
shall apply:
A.Â
Permitted removal. No tree shall be permitted to be
removed unless the tree is:
(1)Â
Located within the building footprint of a proposed
principal building and/or located within 15 feet of any building (size
of tree may require additional clearance).
(3)Â
Dead or poses a safety hazard (i.e., damage to walks,
curbs, or utilities).
(4)Â
Required by site grading for building access, parking,
etc.
(5)Â
Located within the area of a proposed driveway, walkway,
utility line, accessory building, or any other structure.
(7)Â
Obstructs line of site for site ingress and egress.
B.Â
Conflict with other laws. Notwithstanding anything
in this article to the contrary, no tree removal shall be permitted
where prohibited by the Zoning Ordinance[3] (e.g., buffer zones and crest line provisions) or any
other municipal, state federal statute, ordinance or regulation.
C.Â
Hardship appeal. In the event that an applicant desires
to appeal the standards as set forth above, the applicant may seek
relief from the Planning Board or the Zoning Board of Adjustment,
if applicable, or the Mayor and Municipal Council.
D.Â
Mitigation. Mitigation for tree removal shall be required
as follows:
(3)Â
For each tree for which mitigation is required, the
following shall apply:
(a)Â
For each tree removed pursuant to the standards
of this article of a caliper of four inches to no more than six inches,
the applicant shall plant a major tree as defined in this article
on the property in question, unless the applicant asserts the planting
would be inappropriate and the official in charge of enforcement and
administration of the chapter agrees.
(b)Â
For each tree removed pursuant to the standards
of this article of a caliper of more than six inches, the applicant
shall plant a major tree as defined in this article on the property
in question, unless the applicant asserts the planting would be inappropriate
and the official in charge of enforcement and administration of this
article agrees.
(4)Â
In the event that the tree removal occurs in an area otherwise than as permitted in Subsection A of this section, mitigation shall be required at the rate of two replacements for each one removed.
(5)Â
In the event that it is unknown or in question in
any given instance as to whether mitigation should be determined on
the basis of a minor tree or major tree, mitigation shall be required
on the basis of a major tree.
(6)Â
In the event that it is unknown how many trees were
removed from any given site, and removal took place without a tree
permit issued pursuant to this or the predecessor chapter, the number
of trees requiring mitigation shall be computed by assuming trees
over six inches in caliper existed 30 feet on center and plotting
the maximum number of those trees as circles on a fifteen-foot radius
without having the circles overlap or extend beyond the property lines
or driplines of existing trees.
(7)Â
In connection with tree removal pursuant to Subsection A(3) of this section, it shall be required that the applicant plant major trees, on center a distance of 30 feet, as street trees between the curbline and the edge of the right-of-way in a location determined by the City Engineer and the official administering this article.
(8)Â
Mitigation in any instance is not to be considered
a penalty, but rather an implementation of the purposes of this article.
Mitigation shall not be a substitute for, but shall be in addition
to, any penalty imposed for violation of the provisions of this article.
Except in the event of tree removal pursuant
to an approved subdivision or site plan where a performance bond to
assure tree planting was posted, as a precondition to the issuance
of a permit where mitigation is required, the applicant shall post
a cash bond to assure mitigation in an amount equal to the amount
set forth in the resolution adopted by the Municipal Council for each
minor and major tree to be planted. The bond shall be returned to
the applicant upon completion of the required mitigation.
A.Â
In connection with any construction, subsequent to
tree clearing but prior to the issuance of a building permit or start
of construction, snow fencing or other protective barrier acceptable
to the official charged with the administration and enforcement of
this article shall be placed at least 10 feet from the trunk of any
tree and shall remain in place until all construction activity is
terminated. No equipment, chemicals, soil deposits or construction
materials shall be placed within any area so protected by barriers.
Any landscaping activities subsequent to removal of barriers shall
be accomplished with light machinery or hand labor.
B.Â
No person shall:
(1)Â
Cut down or remove any tree except as permitted by
this article or allow or cause such cutting or removal.
(2)Â
Cause or allow any willful damage, injury or disfigurement
of any tree growing within the City. For purposes of this subsection,
the actions of any person shall be deemed willful if the damage, injury
or disfigurement of any tree is caused as a result of but not limited
to the following: cutting, gashing or slitting of 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 from within 15 feet of any tree.
(3)Â
Store or pile building material or debris or place
construction equipment within 10 feet of any tree.
C.Â
In the event that any tree to be saved in connection
with construction as set forth above or any tree planted in mitigation
shall die within two years after planting, it shall be replaced by
the applicant or property owner within six months.
This article shall be administered and enforced
by the City Manager, or his designee, except that the Municipal Council
shall approve the issuance of a tree removal permit in conjunction
with any tree removal sought in conjunction with an application for
a major soil-moving permit.
Any person aggrieved by the decision of the
official charged with the administration and enforcement of this article
shall have the right, within 10 days of the issuance of any decision
by such official to appeal to the Municipal Council, which shall take
action as it deems necessary in this matter. In the event of such
an appeal, the procedures set forth with reference to applications
based on hardship contained in this article shall apply.
Any person who violates any provision of this
article shall, upon conviction thereof, be punished by a fine not
exceeding $1,000, and each tree removed or damaged in violation of
this article shall be deemed a separate offense.
