[Adopted 6-23-1981 by Ord. No. 903]
The purpose of this article is to provide for the planting, maintenance, control, protection and improvement of shade trees and shrubbery along the public streets and roads and public places within the Borough of Middlesex.
No fee shall be required for issuance of a shade tree permit.
No person shall do any of the following acts to any trees or shrubbery within the jurisdiction of the ordinance without first obtaining a permit from the Shade Tree Commission of the Borough of Middlesex.
A. Prune, cut, climb with spikes, damage, break or remove or kill.
B. Cut, disturb or interfere in any way with roots.
D. Fasten any wire, rope, sign or other device to any tree.
E. Remove or damage any guard or device placed to protect any tree or shrub.
F. Spread or apply any injurious chemicals, including salt around the root area of any tree or shrub.
G. Remove or add soil over the root zone or trenching within this area.
Upon the yearly receipt of proof from a utility company that trained and qualified persons are responsible, a blanket permit may be issued for work within the area of jurisdiction of the Shade Tree Commission of the Borough of Middlesex. This work is subject to inspection by the Shade Tree Commission.
All new or added construction shall be subject to the above regulations. Upon receiving a building permit, it is understood that the builder or property owners will cooperate with the Shade Tree Commission of the Borough of Middlesex. Any new structure, home, business, industry or improvement to existing structures is not complete until properly planted, that is:
A. An acceptable landscape planting for a structure shall be in relation to its surroundings and in keeping with its value.
B. Where advisable, shade trees are to be planted, but not closer than 40 feet, with a minimum of two per lot. No trees shall be planted closer than 10 feet to the curbline.
C. Parking lots must have areas set aside for shade trees and/or evergreens and shrubs, or both; planting for screening where advisable.
D. Trees shall be two inches or more in diameter, and of the following types, but not limited to: silver linden, European linden, sweet gum, white ash, Norway maple, red maple, crimson king maple, sugar maple, pin oak, red oak or scarlet oak. Trees shall be balled and burlapped, properly planted with good quality topsoil where needed, trunk wrapped, properly anchored and mulched. All plant material must be certified to be nursery-grown stock and not collected material. Species selected must be subject to the approval of the Shade Tree Commission of the Borough of Middlesex.
The Shade Tree Commission of the Borough of Middlesex will not be responsible for damage to sidewalks, foundations, driveways or sewer lines caused by Borough trees.
[Amended 12-18-2018 by Ord. No. 1954; 11-26-2019 by Ord. No. 1981]
Any person who is guilty of a violation of any of the provisions of these regulations shall, upon conviction by the Magistrate, be fined a sum not to exceed $1,000, plus the cost of the replacement of a new tree, for each offense. The funds collected for violations and penalties shall be put in the Tree Replacement Fund, which is a separate fund with the dedicated purpose of tree replacement within the Borough of Middlesex. This section shall be enforced by the Middlesex Borough Department of Code Enforcement or the designee thereof.
[Adopted 3-14-2006 by Ord. No. 1685]
As used in this article, the following terms shall have the following definitions:
B&B (BALLED AND BURLAPPED) A method of excavation in which the subject tree is removed along with soil surrounding its roots, and such soil and roots are wrapped and laced.
EMERGENCY REMOVAL A removal which requires the immediate removal which is necessitated by any event, whether natural or man-made, which requires the immediate removal of a regulated tree because it has been determined that such tree presents an immediate hazard to the public's safety. Such determination shall be made by the Code Enforcement Officer or other designee, as authorized by the Mayor and or Borough Administrator.
ENFORCEMENT OFFICER The Code Enforcement Officer and/or qualified arborist appointed by the Mayor and Borough Council for the purpose of enforcing the terms of this article.
PERSON An entity whose existence is recognized by law, including but not limited to, any individual, partnership, corporation (for profit, nonprofit, or municipal and its agencies), firm, association or any combination of the foregoing.
PROJECT Any undertaking whatsoever which would involve potential damage to or which may result in the planned or unplanned removal of regulated trees.
REMOVAL Any activity that results in cutting down completely or substantially eliminating a living regulated tree within the Borough.
REPLACEMENT PLANS A plan developed in accordance with and conforming to the provisions of this article which has been approved by the Enforcement Officer.
REPLACEMENT TREE A nursery-grown certified, balled and burlapped tree bearing a durable label upon which the following is set forth: genus, species, variety, watering and fertilization requirements.
SITE PLAN A plan as defined by the Borough's Land Development Ordinance.
TREE Any living woody perennial plant having a trunk diameter of at least four inches measured at 54 inches above the natural ground level.
VACANT LAND Land where no principal structure currently exists or where the principal structure is demolished pursuant to a demolition permit.
Within 10 days of receipt of a decision of the Enforcement Officer, or his/her designee, which denies the approval for the tree removal or otherwise destruction, the applicant may appeal in writing to the governing body.
The Tree Replacement Plan shall consist of the following:
A.
A site plan, survey or plot plan of one inch equals 20 feet or less, showing the location of existing trees and clearly marked property boundaries. There shall be a list identifying the number and species of trees inventoried. The site plan shall include the lot and block numbers, the street address, if assigned, and a certification that it complies with the requirements of this article.
B.
The locations on the lot where tree removal is to take place.
C.
The total square footage of the lot.
D.
The total number by species of trees with a DPM of four inches or greater on the lot.
E.
The total number by species of trees with a DPM of four inches or greater which are to be removed.
F.
A planting detail for replacement trees.
G.
All specific plans for replacement of removed trees shall be based on the following requirements:
(1)
The replacement tree shall be planted on the property where the trees were removed or in a location designated by the Enforcement Official.
(2)
Replacement trees, including the size and number of trees, shall be planted in accordance with the following table.
|
Diameter of
Tree Removed
(inches dbh)
|
Number of 2 1/2 Inch Caliper Trees to be Provided
|
Number of 4-Inch Caliper Trees to be Provided
|
|
8 to 15 inches
|
4
|
2
|
|
16 to 24 inches
|
6
|
3
|
|
25 to 36 inches
|
8
|
5
|
|
37 inches and over
|
15
|
8
|
|
If there is not enough land to accommodate the replacement on site, the Borough will provide a location on public property for the planting of said replacement trees.
|
The replacement value of all trees to be removed, where replacement trees are required by this article, shall be calculated as follows:
B. Dead and diseased trees, as determined by the Borough Enforcement Officer, shall not be included as trees to be replaced.
C. The applicant may elect, in lieu of planting replacement
trees, to pay to the municipality a sum of money as set forth in §
395-18 hereof for each
tree required to be planted pursuant to this subsection for the purpose of planting shade
trees elsewhere in the Borough. Said funds shall be deposited into the
Tree Replacement Fund.
Where an applicant chooses to make a contribution to the
Tree Replacement Fund in lieu of physically replacing the
trees on said property as provided for in §
395-16C, the amount of said contribution shall be as set forth in §
395-18 of this article. The
Tree Replacement Fund shall be in a separate fund with the dedicated purpose of
tree replacement within the Borough of Middlesex.
[Amended 3-23-2021 by Ord. No. 2027]
The amount of contribution shall be determined by the size of the tree that has been removed. If the tree that has been removed has a diameter of less than 25 inches, the contribution shall be in the amount of $400 per tree. If the tree that has been removed has a diameter of 26 inches to 36 inches, the contribution shall be in the amount of $500 per tree; and if the tree that has been removed has a diameter of 37 inches or larger, the contribution shall be in the amount of $900 per tree.