[HISTORY: Adopted by the Mayor and Borough Council of the Borough
of Gibbsboro as indicated in article histories. Amendments noted where applicable.]
[Adopted as Section 13-2 of the Revised General Ordinances (Ch. 166,
Art. I, of the 1982 Code)]
[Amended 5-18-1982 by Ord. No. 82-2[1]]
No person shall do or cause to be done any of the following acts affecting
the trees, plants, shrubbery or other ornamental flora planted or growing
naturally within the highways or public places under the jurisdiction of the
Borough, except with a written permit first obtained from the Compliance Officer:
A.
Cut, trim, break, disturb the roots of or spray with
chemicals any living tree or shrub; or injure, misuse or remove any structure
or device placed to support or protect any tree or shrub.
B.
Plant or remove any living tree or shrub or climb with
spikes any living tree or shrub.
C.
Fasten any rope, wire, electric attachments, sign or
other device to a tree or shrub or to any guard about such tree or shrub.
D.
Close or obstruct any open space provided about the base
of a tree or shrub to permit access of air, water or fertilizer to the roots
of such tree or shrub.
E.
Pile any building material or make any mortar or cement
within six feet of a tree or shrub.
F.
Change the grade of soil within the limits of the lateral
spread of the branches of any such tree.
Every person having control over any wire for the transmission of an
electric current along a public highway shall at all times guard all trees
through which or near which such wire passes against any injury from the wire
or cable or from the electric current carried by it. The device or means used
shall in every case be subject to approval by the Compliance Officer.
No person shall place any guy wire, brace or other device on any such
tree in such a manner as to injure it.
No person shall hitch or fasten any animal to any tree or shrub upon
a public highway or to any guard or support provided for the same or permit
an animal to bite or otherwise injure any tree or shrub.
No person shall permit any brine, gas or injurious chemical or liquid
to come in contact with the stump or roots of any tree or shrub upon a public
highway.
[Amended 5-18-1982 by Ord. No. 82-2]
No person shall prevent, delay or interfere with any lawful work undertaken
by the Compliance Officer or its authorized agent.
A.
Removal required; notice. In case any tree or shrub or
any part thereof along the public highway shall become dangerous to the public
safety, the owner of the property in front of which such tree or shrub shall
be shall remove the same or the required part thereof forthwith upon service
of written directive to that effect from the Compliance Officer. The notice
shall be sufficient if served in the same manner as a summons may be served
in accordance with the New Jersey Rules of Court.
B.
Standards established.
[Amended 5-18-1982 by Ord. No. 82-2]
(1)
The owner or tenant of any lands lying within the Borough
shall keep all brush, hedges and other plant life growing within 10 feet of
any roadway and within 25 feet of the intersection of two roadways cut to
a height of not more than 2 1/2 feet. This shall not require the cutting
down of any trees where there is vision through the trees at a height between
2 1/2 feet and eight feet from the ground.
(2)
The owner or tenant of any lands lying within the Borough
shall keep all trees and shrubs trimmed so that they shall not obstruct sidewalks
below seven feet above the sidewalk.
C.
Removal by the Borough. If the owner fails to remove
the tree or shrub or portion thereof within two weeks after service of written
notice to do so, the work shall be performed by the Borough under the supervision
of the Compliance Officer, who shall certify the cost thereof to the Council.
D.
Costs charged against land; lien established. Upon receipt
of the certified costs, the Council shall examine same and, if found correct,
shall cause the costs to be charged against the lands or, if the Council deems
the costs to be excessive, shall cause the reasonable cost thereof to be charged
against the lands. The amount so charged shall forthwith become a lien upon
the lands and shall be added to and become and form a part of the taxes next
to be assessed and levied upon the lands, the same to bear interest at the
same rate as other taxes, and shall be collected and enforced by the same
officer and in the same manner as taxes.
[Amended 5-18-1982 by Ord. No. 82-2]
[Adopted 2-28-1990 by Ord. No. 90-1
(Ch. 166, Art. II, of the 1982 Code)]
This article shall be known as the "Gibbsboro Borough Tree Protection
Ordinance."
A.
The purpose of this article is to establish protective
regulations for trees within the Borough of Gibbsboro in order to control
problems of flooding, soil erosion, air and noise pollution and to protect
the public health, safety and welfare.
B.
The intent of this article is to encourage the protection
of the greatest number of trees within the tree protection zone and of large
specimen trees throughout the Borough, regardless of location.
A.
For purposes of this article, the singular number shall
include the plural and the plural number shall include the singular unless
the context clearly denotes otherwise.
B.
BOROUGH
CROWN
DRIPLINE
LANDSCAPE ARCHITECT
LANDSCAPE CONTRACTOR
PERMIT
PERSON
QUALIFIED PROFESSIONAL FORESTER
SPECIMEN TREE
TREE
TREE DIAMETER
TREE PROTECTION ZONE
TREE REMOVAL
TREE ROOT AREA
As used herein, the following terms shall have the meanings
indicated:
The Borough of Gibbsboro or its designated representative.
The branches and foliage of a tree; the upper portion of a tree.
The perimeter line on the ground measured from the outermost edge
of the vertical plane established by the branches of a tree.
An individual certified as a landscape architect by the State of
New Jersey.
An individual who has been gainfully employed for a period of at
least five years in a position involving the care and planting of trees.
Any permit in writing as issued by a designated Borough official.
A corporation, company, association, society, firm, partnership or
joint-stock company, as well as an individual, and all political subdivisions
or any agency or instrumentality thereof.
An individual who has a B.S. degree from a four-year school of forestry
accredited by the Society of American Foresters.
A tree with a diameter of 30 inches or greater; or a unique, rare
or otherwise specifically selected plant or tree which most typically represents
a whole class or group, specifically in shape, form, historical importance
or any other characteristics which may be designated as such by the Borough.
Any woody perennial plant usually having but one main stem or trunk
and with a definitely formed crown and with a mature height of 10 feet or
more.
The width of a tree measured 4 1/2 feet above the ground equal
to 22/7 of the circumference.
That portion of the lot not covered by the proposed building or improvement
or within a distance of 10 feet from the perimeter of said building or improvement
or the proposed cartway, the sidewalk portion of a street right-of-way, a
utility easement or parking area.
The cutting down of a tree, the transplanting of a tree to a site
other than under development or the infliction of damage to a tree which is
of such severity as to show evidence within a period of two years of irreparable
harm leading to the ultimate death of the tree.
The area under a tree extending from the trunk to the dripline.
A.
No person, directly or indirectly, shall, without first
obtaining a permit, as herein provided, remove or relocate to another site
any tree within a tree protection zone or remove any specimen tree having
a diameter of 30 inches or greater, regardless of location. "Removal" shall
include, but not be limited to, damage inflicted to the root system by machinery,
storage of materials and soil compaction, changing the natural grade above
or below the root system or around the trunk; damage inflicted on the tree
permitting fungus infection or pest infestation; excessive pruning; excessive
thinning; paving with concrete, asphalt or other impervious material within
such proximity as to be harmful to the tree.
B.
The provisions of the section shall be applicable to
all property owners in the Borough with the following exceptions:
(1)
Individual lot owners removing less than two trees at
any one time or six in any one year.
(2)
Utility companies regulated by the Board of Public Utilities
or municipal utility authorities or agencies maintaining easements or rights-of-way
in the normal course of business.
(3)
Communications companies regulated by the Federal Communications
Commission maintaining clearance for communications equipment.
(4)
Trees which, in the opinion of the Borough, its employees
or its agents, constitute an immediate threat to the health, safety or welfare
of the general public.
C.
The requirements contained herein shall be considered
the minimum standards to be maintained.
D.
Permit procedure.
(1)
Before a building permit is issued or, in the case of a site plan application or subdivision application pursuant to Chapters 324 and 358 of the Code of the Borough of Gibbsboro, at the time of application for said approval, the applicant shall submit a site plan or lot survey showing the location of all existing trees having a tree diameter of eight inches or greater by genus, size and condition, and:
(a)
The location of trees to be removed and the trees to
be maintained, including their trunk and driplines. When groups of trees are
to be saved, only the locations of the trees on the perimeter shall be shown.
(b)
The specifications for the removal of existing trees
and protection of existing trees during construction.
(c)
Any grade changes or other work adjacent to the tree
which may affect it, with specifications on how the grade, drainage and aeration
will be maintained around the tree.
(2)
All applications for tree removal or relocation shall
be immediately referred by the Administrative Officer or his designee to the
Environmental Commission or such other body or persons as designated by resolution
of the Borough Council for its recommendation for approval at public meeting
to determine whether or not such removal or relocation conforms to the requirements
of this article. Failure on the part of the Environmental Commission or such
other body or persons as designated by resolution of the Borough Council to
reply within 30 days, provided that the Environmental Commission or such other
body or persons as designated by resolution of the Borough Council receives
the application at least 10 days in advance of a regularly scheduled public
meeting, shall be deemed a recommendation of approval. In the event that the
Environmental Commission or such other body or persons as designated by resolution
of the Borough Council recommends the denial of an application, it shall specify
to the applicant, in writing, the reason for the action. The Planning Board
or Zoning Board of Adjustment, as the case may be, shall review and consider
the recommendation of the Environmental Commission or such other body or persons
as designated by resolution of the Borough Council as part of the review of
a site plan or subdivision and the recommendation shall be made part of the
record before the Planning Board or Zoning Board of Adjustment. An application
for the approval of tree removal not requiring action by the Planning Board
or Zoning Board of Adjustment shall be determined by the Environmental Commission
or such other body or persons as designated by resolution of the Borough Council.
A building permit which requires tree removal shall not be issued unless the
issuance of a tree removal permit has been recommended by the Environmental
Commission or such other body or persons as designated by resolution of the
Borough Council.
(3)
The Planning Board, Zoning Board of Adjustment, Environmental
Commission or such other body or persons as designated by resolution of the
Borough Council may request a review of the tree removal plan by the Borough
Engineer and/or Planner, which may include inspection of the subject property.
All reviews and inspections by the Engineer and/or Planner shall be paid for
by the applicant through the deposit of escrow funds not to exceed the cost
of inspection.
(4)
The Environmental Commission or such other body or persons
as designated by resolution of the Borough Council shall recommend approval
of the permit if one or more of the following conditions is present:
(a)
To remove trees which pose a safety hazard to pedestrian
or vehicular traffic, or threaten to cause disruption of public services.
(b)
To remove trees which pose a safety hazard to buildings.
(c)
To remove diseased trees, trees infested with destructive
insects liable to infect the healthy trees on adjacent property or trees weakened
by age, storm, fire or other injury.
(d)
To observe good forestry practices, i.e., the number
of healthy trees that a given parcel of land will support when documented
by a report prepared on behalf of the developer by a qualified professional
forester or a certified landscape architect.
(e)
For the compliance with other codes, such as zoning and
subdivision regulations, health and other environmental ordinances.
(f)
Other conditions which, in the judgment of the Environmental
Commission or such other body or persons as designated by resolution of the
Borough Council, warrant the removal of the tree.
E.
Any person aggrieved by an action of the Environmental
Commission or such other body or persons as designated by resolution of the
Borough Council for tree removal may file an appeal to the Planning Board
within 14 days of said action. The Planning Board shall have 45 days in which
to render a decision either affirming, denying or modifying the action of
the Environmental Commission or such other body or persons as designated by
resolution of the Borough Council.
F.
Fees.
(1)
The fee for the issuance of a tree removal permit by
the Environmental Commission or such other body or persons as designated by
resolution of the Borough Council shall be in accordance with the following
schedule:
(2)
For the purposes of this subsection, each lot shall be
considered a separate and distinct application for which a fee shall be paid.
All persons shall exercise due care to protect trees which are to be
retained from damage during construction. The following procedures shall be
observed in order to protect remaining trees.
A.
Protection from mechanical injury.
(1)
Prior to any grubbing or clearing, all trees in the tree
protection zone to a depth of 25 feet shall be protected from equipment damage
by enclosing the dripline within sections of snow fence or by other suitable
means. All exposed roots, trunks and low-hanging branches shall be equally
protected. Groups of trees may be protected by fencing the entire area where
they are located.
(2)
Compaction of the ground by mechanical, vehicular or
other means within the dripline area shall not be permitted.
(3)
Feeder roots should not be cut within the dripline. Unavoidable
cuts shall be made with pruning shears or other tools which shall make a clean
cut.
(4)
Tree trunks and exposed roots accidentally damaged during
construction shall be protected from further damage. Damaged branches shall
be sawed off at the branch collar. No shellac or pruning paint shall be used.
When the portion of the tree that is to be removed is diseased, the pruning
equipment shall be dipped in alcohol prior to use on another tree to prevent
the spread of the disease.
(5)
Deciduous trees shall be given an application of liquid,
slow-release, low-nitrogen, all-purpose fertilizer to aid in their recovery
from possible damage caused by construction operations. Such application shall
be made at a distance of one foot from the trunk to the dripline and shall
be made as soon as construction is completed and again one year after the
first application has been made.
(6)
Trees shall not be used for roping, cables, signs or
fencing. Nails and spikes shall not be driven into trees.
(7)
The area around the base of existing trees shall be left
open to provide access for water and nutrients. No impervious cover, storage
of equipment, materials, debris or fill shall be allowed within the dripline
of any existing tree. In the event that no other storage area is available
on site, materials may be stored for a period not to exceed three months.
(8)
Trees being removed shall not be felled, pushed or pulled
into a tree protection zone or into trees that are to be retained.
B.
Protection from grade change.
(1)
Increase in grade. If an increase in the grade of the
land is proposed, the developer shall install either:
(a)
A system of gravel and drain tiles at the old soil level
which opens into a dry well built around the trunk and designed for each tree,
individually fitting the contour of the land so that it drains water away
from the tree trunk; or
(b)
A retaining wall between the existing grade and the higher
grade. A detailed plan for each proposed retaining wall shall be provided.
(2)
Lowering the grade. If a lowering of the grade is proposed,
one of the following methods to protect the trees shall be initiated:
(3)
Excessive grade change. If the proposed grade change,
in the opinion of the Environmental Commission or such other body or persons
as designated by resolution of the Borough Council, is too excessive to allow
the retention of existing trees, the developer shall be required to replace
the trees to be removed on the basis of one inch of new tree diameter for
every four inches of tree diameter to be removed. Replacement trees shall
be from native species and shall be approved by the Environmental Commission
or such other body or persons as designated by resolution of the Borough Council.
C.
Protection from excavation. Trenches for utility lines
or other similar uses shall adhere to the following, listed in descending
order of preference:
(1)
Trenches shall bypass the root area, unless the Environmental
Commission or such other body or persons as designated by resolution of the
Borough Council determines that no other practical alternative exists; in
which case
(2)
Trenches should be tunneled under the trees, unless the
Environmental Commission or such other body or persons as designated by resolution
of the Borough Council determines that no practical alternative exists; in
which case
(3)
Trenches may be dug within the dripline of a tree, provided
that the following precautions shall be observed:
A.
Replacement of trees lost during construction or illegal
removal. The Borough and the Environmental Commission or such other body or
persons as designated by resolution of the Borough Council shall be consulted
before any replacement trees are planted and shall approve or disapprove the
species proposed for planting. New trees shall have a minimum diameter of
2 1/2 inches measured six inches above the ground. Planting shall be
in accordance with the standards specified by the American Nurserymen's Association.
B.
Criteria for selection of new trees. Replacement trees
shall be of the same species that were removed or, with the Borough's approval,
with other tree species native to Camden County. In selecting replacement
trees, the following criteria shall be used in their selection. These guidelines
shall also be followed in site planning to determine which trees shall be
retained or removed.
(1)
Positive criteria:
(a)
A species that is long-lived.
(b)
A species that is native to the area.
(c)
The hardiness of the tree, including but not limited
to, wind firmness, climate requirements and the characteristic of the soil.
(d)
A species with good aesthetic value, including autumnal
coloration, flower and fruit types and tree shape.
(e)
A low incidence of exfoliating bark, branch drop and
pruning.
(f)
The protection of buildings from wind, sun and other
climatic characteristics.
(g)
The encouragement of wildlife residence.
(h)
The suitability of size at maturity to the tree's function.
(i)
The ability to retain soil and control erosion.
(j)
The ability to reduce noise.
No provision of this article shall be construed to impair any common
law or statutory course of action or legal remedy therefrom for any violation
of this article.
