[HISTORY: Adopted by the Borough Council of the Borough of Glen Rock 6-23-1975 by Ord. No. 819 (Ch. XXI of the 1971 Revised General Ordinances). Amendments noted where applicable.]
ATTACHMENTS
Attachment 1 - Appendix A, List of Prohibited Tree Species
[Amended 10-23-2024 by Ord. No. 1929]
As used in this chapter, the following terms shall have the meanings indicated:
CALIPER
When used in determining the measurement of all trees, that diameter as measured at a point 4 1/2 feet above the ground, also known as "diameter breast height (DBH)."
CLEAR-CUTTING
For the purposes of this chapter, "clear-cut" and/or "clear-cutting" means the removal of 50% or more of the trees with a caliper of six inches or more (DBH) on the site/lot.
CONSTRUCTION FOOTPRINT
For the purposes of this chapter, "construction footprint" means the area located within the building footprint of a proposed principal building on the property; located within 10 feet of any existing principal building on the property; located between the curblines of a proposed public or private roadway approved pursuant to the Land Use Ordinances of the Borough of Glen Rock; located within the area of a proposed driveway, walkway, utility line, or accessory building or structure; or specifically permitted to be removed in a site plan or subdivision plan approved pursuant to the Municipal Land Use Law.[1] The construction footprint or limit of disturbance does not include regrading of less than one foot depth.
DIAMETER BREAST HEIGHT (DBH)
The diameter of the trunk measured at a point 4 1/2 feet from the ground. If the tree is growing on a slope, the measurement shall be taken from the uphill side of the slope. If the tree has a branch or an abnormal swelling at 4 1/2 feet, the measurement should be taken at a point below the intrusion where the trunk returns to normal size. Any diameter measurement that is not taken at 4 1/2 feet should include the actual height where it was measured.
DRIPLINE
An imaginary line on the ground beneath a tree, the location determined by extending a vertical line from the outermost branches of a tree to the ground.
TREE
Means any living woody perennial plant, having a stem or trunk and bearing lateral branches at some distance from the ground, including its root system, but does not include bushes or arborvitae.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[Amended 2-19-2003 by Ord. No. 1427]
A. 
Established, composition.
[Amended 4-10-2006 by Ord. No. 1528]
(1) 
There is hereby established a Shade Tree Advisory Committee consisting of five members who shall all be residents of the Borough, one of whom shall be designated as Chairperson. All members of the Shade Tree Advisory Committee shall be appointed by the Mayor, with the advice and consent of the Borough Council. In addition, there shall be two ex officio nonvoting members of the Committee consisting of one member of the governing body, designated by the Mayor, and the Director of the Department of Public Works.
(2) 
There shall also be appointed two alternate members of the Committee, appointed by the Mayor with the advice and consent of the Council. The alternate members shall be residents of the Borough. The alternate members shall be designated as "Alternate No. 1" and "Alternate No. 2," respectively, and each alternate shall retain said designation during the term of which they were appointed. During the absence of any regular member, the Chairperson shall appoint one of the alternate members to serve in the place of the regular member. In the event, however, that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.
B. 
Terms of members. The terms of two members of the Shade Tree Advisory Committee shall terminate at the end of the first year of their appointment. The terms of the remaining three members of the Committee shall terminate at the end of the second year of their appointment. Thereafter, the appointment of each member shall be for a term of three years.
C. 
Terms of alternate members. The appointment of each alternate member shall be for a term of three years.
D. 
Function of the Committee.
(1) 
It shall be the function of the Shade Tree Advisory Committee to advise the Borough Council and the Director of Public Works as to future plans relating to the planting, pruning, removal and care of those trees and shrubs within the Borough that are located upon public rights-of-way, public parks, school grounds and other public places and to assist in the solution of problems relating to the same.
(2) 
The Director of Public Works, prior to the planting of all trees, as required by the provisions of this chapter, shall refer the matter to the Shade Tree Advisory Committee for its concurrence as to tree selection and recommended spacing. In this regard, consideration shall be given to the various species of trees held to be harmonious with existing trees and the character of the area where the trees are to be planted. The Shade Tree Advisory Committee shall use as its principal guide for tree selection and spacing the publication by the New Jersey Shade Tree Commissioners entitled "Trees for New Jersey Streets," as the same shall be amended or supplemented from time to time.
A. 
Prohibited acts. No person shall do or cause to be done any of the following acts upon public rights-of-way, public parks, school grounds or other public places within the Borough without making application to and receiving written permission from the Director of Public Works:
(1) 
Cut, trim, prune, break or climb with a spike, destroy the roots or in any way injure or spray with any chemical or injure or misuse any structure or device placed to support such tree or trees.
(2) 
Plant any tree.
(3) 
Fasten any rope, wire, electric attachment, sign or other device to a tree or to any guard about such tree.
(4) 
Close or obstruct any open space provided about the base of any tree to permit access of air, water or fertilizer to the roots of such tree.
(5) 
Pile any building material or make any mortar or cement within six feet of any tree.
B. 
Applications for exception.
(1) 
All applications as required in Subsection A shall be made on forms supplied by the Director of Public Works.
(2) 
Permission to perform any of the acts prohibited in Subsection A shall only be granted to a designated representative of or the owners of property abutting such public highways, public parks, public rights-of-way or other public places within the Borough.
[Amended 2-19-2003 by Ord. No. 1427]
Any person having control over any wire for transmission of electric current or wire used for telephone communication along a public highway shall at all times guard all trees through which or near which such wires pass against any injury from wires or from electric current carried by it. The device, means or any pruning required shall be subject to the approval and direction of the Director of Public Works, with the advice of the Shade Tree Committee.
A. 
Specifications for trees on public rights-of-way. Where it is deemed advisable by the Shade Tree Advisory Committee, there shall be planted upon public rights-of-way shade trees having a caliper of not less than 1 1/2 inches and spaced as specified under the guidelines established under the publication "Trees for New Jersey Streets," published by the New Jersey Shade Tree Commissioners. The trees shall be planted on the right-of-way or street line so as not to interfere with the utilities or sidewalks.
B. 
Improperly spaced trees. Where trees have been improperly spaced in the original planting, no tree need be replanted to replace such tree at the option of the Director of Public Works, with the advice and consent of the Shade Tree Advisory Committee. The Director of Public Works, with the advice and consent of the Shade Tree Advisory Committee, shall have the further option to waive tree planting recommendations set forth in "Trees for New Jersey Streets" in instances where existing plantings are deemed sufficient to provide adequate shade cover on the public highway or rights-of-way involved.
C. 
Fees. All such trees shall be planted by the Division of Public Works. Prior to the issuance of any building permit by the Building Inspector of the Borough for the construction of all new buildings or developments, every such applicant shall be required to deposit the sum as provided in Chapter 101, Fees, for each tree required to be planted in accordance with the provisions hereof. Nothing in this section, however, shall be construed to require the planting of trees where it is determined by the Director of Public Works, with the advice and consent of the Shade Tree Advisory Committee, that trees complying with the minimum requirements as hereinbefore set forth already exist upon the site.
[Amended 9-28-1997 by Ord. No. 1291]
A. 
Notice to owner. The owner of any tree growing on private property which shall be deemed to constitute a danger to public health or to public property by the Director of Public Works, with the advice and consent of the Shade Tree Advisory Committee, shall, upon 10 days' written notice directed to such owner at the owner's last known mailing address, cause such tree to be removed or properly pruned or cut back as directed by the Director of Public Works.
B. 
Failure to comply. If the owner of such tree shall fail to comply with the notice of the Director of Public Works to effect the removal or pruning of the tree, the Division of Public Works shall be authorized to effect the removal or pruning of such tree. The cost for such removal or pruning shall be charged against the property involved and shall be collected by the Borough in the same manner as taxes assessed against the property. This provision shall be in addition to all other penalties herein set forth for the violation of the provisions of this chapter.
[Amended 9-28-1997 by Ord. No. 1291; 10-23-2024 by Ord. No. 1929]
A. 
Except as otherwise provided herein, any person violating any provision of this chapter shall, upon conviction, be punishable by any combination of the following: a fine not exceeding $2,000, imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days.
B. 
Any person violating any provision of § 208-9 hereof shall, upon conviction, be punishable by a minimum fine of $100, and a fine not exceeding $1,000 for each tree removed in violation hereof having a caliper of at least six inches but less than 24 inches; not exceeding $1,500 for each tree removed in violation hereof having a caliper of at least 24 inches but less than 48 inches; not exceeding $2,000 for each tree removed in violation hereof having a caliper of at least 48 inches; or imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof.
[Added 7-29-2015 by Ord. No. 1721; amended 10-23-2024 by Ord. No. 1929]
A. 
Purpose.
(1) 
The Borough of Glen Rock has concern that the indiscriminate, uncontrolled and excessive destruction, removal and clear-cutting of trees upon lots and tracts of land results in increased drainage control costs, increase soil erosion and sedimentation, decreased fertility of the soil, degradation of water resources, decreased groundwater recharge, and decreased property values, all of which negatively affect the character of the Borough, the aesthetic beauty and the health, safety and welfare of the residents of the Borough of Glen Rock.
(2) 
The Borough of Glen Rock realizes that the excessive removal of trees adversely affects the health, safety and general welfare of our residents and desires to regulate and control indiscriminate and excessive cutting of trees by preserving the maximum possible number of trees in the course of development of a site in the Borough as a whole, ensuring that the health of trees preserved on a site is maintained throughout the development process, protecting larger, older specimens of trees and encouraging innovative design and grading to promote the preservation of existing trees.
B. 
Landscape plan.
(1) 
A landscape plan must be provided at the time of application for any permit for the demolition of an existing building or structure or the construction of any new building, addition, structure, development, driveway, walkway, patio, deck or in-ground swimming pool or subdivision application which includes the removal of any tree with a caliper of six inches or greater. During construction, demolition or grant of a zoning permit as determined by or on behalf of the applicable Borough official, trees with a caliper of six inches or more outside of a ten-foot boundary of the construction or demolition footprint cannot be taken down unless replaced by trees of at least 2 1/2 inch caliper with a quantity of replacement trees for each tree removed as shown in the following table.
Caliper of Tree Removed
Number of Replacement Trees
From 6 inches but less than 12 inches
1
From 12 inches but less than 24 inches
2
From 24 inches but less than 32 inches
3
32 inches and over
4
(2) 
As an alternative to planting some or all of the replacement trees, a monetary payment can be made to the Glen Rock Tree Trust for planting of replacement trees on public land in the amount of $750 per required replacement tree, or such other amount that is referenced in the most current fee ordinance.
(3) 
No trees shall be removed prior to the issuance of a permit for demolition or construction, approval of a subdivision (if applicable) and approval of the landscape plan by the Director of Public Works (or applicable Borough official) or appropriate land use board. A list of prohibited trees is available on Appendix A attached hereto.[1] The landscape plan shall include:
(a) 
A map drawn to scale showing the location of all trees of six-inch caliper or greater located within the property and the location of all trees to be removed;
(b) 
The species and caliper of each tree to be removed and including the dripline circumference;
(c) 
The location of each existing or proposed building, building addition, foundation, driveway, recreation area or any site condition that warrants the proposed tree removal; and
(d) 
A list of the specific proposals for replanting or replacement, if applicable.
[1]
Editor's Note: Appendix A, List of Prohibited Tree Species, is included as an attachment to this chapter.
C. 
No person shall clear-cut trees on any property without first receiving approval of a landscape plan. No such landscape plan shall be approved unless the applicant or property owner can demonstrate to the applicable Borough official or appropriate land use board that the prohibition for clear-cutting will result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the applicant or owner of the property.
D. 
Prior to work on construction or demolition, contractors or homeowners must submit a statement that they have read and have knowledge of the Glen Rock Municipal Code entitled "Trees and Shrubs on Public/Private Property," Chapter 208.
E. 
Before receiving any permit for demolition, the applicant shall submit a completed demolition checklist. (See Glen Rock Building Department checklist on demolition or removal of structures/abandoned well.)
[Added 10-23-2024 by Ord. No. 1929]
A. 
The purpose of this article is to establish requirements for tree removal and replacement of trees in Glen Rock, Bergen County, New Jersey, reduce soil erosion and pollutant runoff, promote infiltration of rainwater into the soil, and protect the environment, public health, safety, and welfare.
B. 
The purpose of this article is to establish requirements for tree removal and replacement and to acknowledge that trees play a critical, often overlooked, role in the water cycle and in the mitigation of stormwater runoff issues which can decrease municipal cost for the control of drainage. Trees stabilize soil, which allows stormwater quantity reduction and water infiltration which improves water quality; trees reduce wind erosion, which reduces dust and pollution and increases soil fertility; trees reduce surface and air temperatures by providing shade, thereby reducing energy consumption in the summer.
C. 
In addition to their undervalued role in stormwater and energy consumption, trees produce oxygen and sequester carbon associated with climate change and enhance local property values.
D. 
This article applies to any private property in Glen Rock, except for development, demolition, or construction projects, in which case the provisions of § 208-9 apply. This aligns and supports the New Jersey Global Warming Response Act, (carbon sequestration), the Glen Rock state-approved Community Forestry Management Plan, which is incorporated by reference, (continue to reverse the tree deficit) as well as the Glen Rock Master Plan, and the requirements of the Municipal Separate Storm Sewer System (MS4) regulations.
For the purpose of this article, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this article clearly demonstrates a different meaning. When consistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The use of the word "shall" means the requirement is always mandatory and not merely directory.
APPLICANT
Means any "person," as defined below, who applies for approval to remove trees regulated under this article.
BOROUGH TREE
Means a tree planted in the sidewalk, planting strip, and/or in the public right-of-way adjacent to the portion of the street reserved for vehicular traffic. This also includes trees planted in planting strips within the roadway right-of-way, i.e., islands, medians, pedestrian refuges.
CRITICAL ROOT RADIUS (CRR)
Means the zone around the base of a tree where the majority of the root system is found. This zone is calculated by multiplying the diameter at breast height (DBH) of the tree by 1.5 feet. For example: a tree with a 6" DBH would have a CRR = 6"x1.5' = 9'.
DIAMETER AT BREAST HEIGHT (DBH)
Means the diameter of the trunk of a mature tree generally measured at a point 4 1/2 feet above ground level from the uphill side of the tree. For species of trees where the main trunk divides below the 4 1/2 foot height, the DBH shall be measured at the highest point before any division.
HAZARD TREE
Means a tree or limbs thereof that meet one or more of the criteria below:
A. 
Has an infectious disease or insect infestation;
B. 
Is dead or dying;
C. 
Obstructs the view of traffic signs or the free passage of pedestrians or vehicles, where pruning attempts have not been effective;
D. 
Is causing obvious damage to structures (such as building foundations, sidewalks, etc.); or
E. 
Is determined to be a threat to public health, safety, and/or welfare by a certified arborist or licensed tree expert (LTE).
PERSON
Means any individual, resident, corporation, utility, company, partnership, firm, or association.
PLANTING STRIP
Means the part of a street right-of-way between the public right-of-way and the portion of the street reserved for vehicular traffic or between the abutting property line and the curb or traveled portion of the street, exclusive of any sidewalk.
RESIDENT
Means an individual who resides on the residential property or contractor hired by the individual who resides on the residential property where a tree(s) regulated by this article is removed or proposed to be removed.
TREE
Means any living woody perennial plant, having a stem or trunk and bearing lateral branches at some distance from the ground, including its root system, but does not include bushes or arborvitae.
TREE REMOVAL
Means the physical removal or displacement of a tree or the taking of any action which may kill or cause irreparable damage that leads to the decline and/or death of a tree. This includes, but is not limited to, excessive pruning, application of substances that are toxic to the tree, over-mulching or improper mulching, and improper grading and/or soil compaction within the critical root radius around the base of the tree that leads to the decline and/or death of a tree. Removal does not include responsible pruning and maintenance of a tree, or the application of treatments intended to manage invasive species.
A. 
The provisions of this article shall apply to trees on all privately owned property or land within the Borough of Glen Rock, except as provided in § 208-9, for development, demolition, or construction projects, and § 208-4, for prevention of injury to trees from electric and telephone wires.
(1) 
A permit is required to remove any tree with a diameter at breast height (DBH) of six inches or greater, measured 4 1/2 feet above ground level.
(2) 
No such tree shall be removed before issuance of a tree removal permit by the Borough of Glen Rock.
(3) 
For each tree removed, replacement tree(s) shall be planted, or a contribution shall be made to the Glen Rock Tree Trust, as specified below.
B. 
Prohibited activities. It shall be unlawful to remove, destroy or substantially alter in such a way as to impair or endanger the life of any tree without first obtaining a tree removal permit. Work must not proceed until the tree permit application is granted.
C. 
Permitted activities. Routine pruning to maintain the health of a tree or drastic pruning in response to damage from adverse weather conditions shall not be considered substantially altering the tree.
A. 
A tree removal permit application shall be filed on forms provided by the Borough or online by the property owner, agent, or contractor.
B. 
A tree removal permit shall be granted by the designated Borough official upon filing of a complete application and payment of the required fee. The Code Enforcement Official shall notify the applicant within 15 working days that the application has been granted, or, if the application is denied, the applicant shall be advised the reason for denial. A window placard shall be issued for each approved application, which the applicant shall display at the applicable property during the open period of the permit.
C. 
An application for a tree removal permit shall include the following information, and any additional information that may be requested:
(1) 
Name and address of the applicant;
(2) 
Name and address of the property owner or agent;
(3) 
Street address and block and lot numbers of the property where the tree(s) to be removed are located;
(4) 
Name and address of contractor, if any, with license number, expiration date, and type of license. Licensure data under the NJ Tree Experts and Tree Care Operators Licensing Act[1] or other authorities shall be furnished if applicable, including registration with the New Jersey Board of Tree Experts (NJTC number), New Jersey Licensed Tree Expert (LTE), New Jersey Licensed Tree Care Operator (LTCO), as an International Society of Arboriculture (ISA) Certified Arborist, or as a home improvement contractor;
[1]
Editor's Note: See N.J.S.A. 45:15C-11 et seq.
(5) 
Details including species if known, trunk diameter, and reason for removal, for each tree to be removed. If more than three trees are to be removed, a landscape plan or sketch showing the location of tree(s) proposed for removal shall be included with the application. A photo of the tree(s) to be removed may be included at the option of the applicant;
(6) 
The applicant shall mark each tree to be removed prior to submittal of the application with a brightly colored ribbon at approximately 4 1/2 feet above ground level;
(7) 
For each replacement tree, the application shall state the species and caliper or size for each. If a landscape plan or sketch is submitted, the location of each replacement shall be shown on such landscape plan or sketch;
(8) 
Certification and signature of applicant;
(9) 
Certification and signature of the property owner or agent.
A. 
Any person, who removes one or more tree(s), as defined as tree removal, with a diameter (DBH) of six inches or more unless otherwise detailed under § 208-15, Exemptions, shall be subject to the requirements of the Tree Replacement Requirements Table.
B. 
For each tree that is removed, except for trees that have fallen due to natural causes, the applicant shall either:
(1) 
Replace the removed tree with replacement tree(s) of at least 2 1/2 inch diameter (DBH), to be placed anywhere on the property; or
(2) 
Submit payment to the Glen Rock Tree Trust in lieu of each tree required to be planted. The amount of the payment shall be $750 for each replacement tree not planted, or such other amount as referenced in the most current fee ordinance.
C. 
The species type and diversity of replacement trees may be selected by the applicant but subject to the List of Prohibited Tree Species as shown on Appendix A, attached hereto and made a part hereof.[1] A list of recommended native species is also available on the Glen Rock Borough Website page for the Shade Tree Advisory Committee (STAC).
[1]
Editor's Note: Appendix A, List of Prohibited Tree Species, is included as an attachment to this chapter.
D. 
When there is a risk to persons or property, work may commence immediately. In such a case a permit application must be filed as soon as possible, but in any case within one week.
E. 
Replacement tree(s) shall:
(1) 
Be replaced with a tree or meet the Tree Replacement Requirements Table below;
(2) 
As an exception to the tree replacement quantities in the Tree Replacement Requirements Table for a property with a lot size smaller than 11,200 square feet of area, the maximum number of required replacement trees for each tree removed shall not be greater than two;
(3) 
Be planted within 12 months of the date of removal of the original tree(s) or at an alternative date specified by the municipality;
(4) 
Be monitored by the applicant for a period of two years to ensure their survival and shall be replaced as needed within 12 months;
(5) 
Shall not be planted in temporary containers or pots, as these do not count towards tree replacement requirements;
(6) 
Minimum diameter (DBH) for all replacement trees shall be 2 1/2 inches or greater.
Tree Replacement Requirements Table
Diameter at Breast Height (DBH) of Tree Removed
Number of Replacement Trees
From 6 inches but less than 12 inches
1
From 12 inches but less than 24 inches
2
From 24 inches but less than 32 inches
3
32 inches and over
4
All persons shall comply with the tree replacement standard outlined above, except in the cases detailed below. Proper justification shall be provided, in writing, to the municipality by all applicants claiming an exemption.
A. 
Tree farms in active operation, nurseries, fruit orchards, and garden centers;
B. 
Properties used for the practice of silviculture under an approved forest stewardship or woodland management plan that is active and on file with the municipality;
C. 
Any trees removed as part of a municipal or state decommissioning plan. This exemption only includes trees planted as part of the construction and predetermined to be removed in the decommissioning plan;
D. 
Any trees removed pursuant to a New Jersey Department of Environmental Protection (NJDEP) or U.S. Environmental Protection Agency (EPA) approved environmental clean-up, or NJDEP approved habitat enhancement plan;
E. 
Approved game management practices, as recommended by the State of New Jersey Department of Environmental Protection, Division of Fish, Game and Wildlife;
F. 
Hazard trees may be removed with no fee or replacement requirement;
G. 
Trees that have fallen due to natural causes may be removed with no fee or replacement requirement;
H. 
For a tree that has died due to natural causes and is still standing, the applicant may submit a letter from a certified arborist with the application, stating that the tree is dead (not "dying"), to secure an exemption from replanting or making a monetary payment to the Tree Trust.
A. 
This article shall be enforced by the Director of Public Works or their designee during the course of ordinary enforcement duties.
B. 
Violation notices will allow a ten-day cure period for initial violations.