[HISTORY: Adopted by the Mayor and Council
of the Borough of Totowa 3-22-2005 by Ord. No. 09-2005. Amendments noted
where applicable.]
A.
The purpose of this chapter is to control and regulate
indiscriminate and excessive removal, cutting and destruction of trees
and to control, regulate and prevent conditions which cause increased
surface drainage, sedimentation and soil erosion, cause decreased
soil fertility and impair the stability and value of real estate,
all of which conditions are and will in the future be a deterrent
to public safety, health and welfare.
B.
No person shall cut or remove any tree upon any land
in the Borough of Totowa unless such removal is done in accordance
with the regulations and provisions of this chapter.
C.
No person shall place salt, brine, oil or any other
substance injurious to plant growth in any street or park in such
a manner as to injure any tree.
D.
No person shall build any fire or station any tar
kettle, road roller, fuel oil dispensing truck or other engine in
any street or any other place in such a manner that the heat, vapors,
fuel or fumes therefrom may injure any tree.
E.
Every person having or maintaining any gas lines in
any street or park shall maintain such lines in such a manner as will
safeguard the trees against any damage therefrom and shall make periodical
adjustments whenever necessary to prevent damage to trees.
F.
In the erection, alteration or repair of any structure
or building, the owner, contractor or other person in charge thereof
shall place such guards around all nearby trees as will effectively
prevent injury to such trees.
G.
No person shall use or operate any power shovel, bulldozer
or any other implement, machine or tool in such a manner as to damage
or destroy any tree.
H.
No person shall, without first obtaining a permit,
remove or cause to be removed more than four trees which are eight
inches or greater in diameter within the twelve-month period following
the date of the permit. The removal of a single tree of 18 inches
or greater in diameter shall require a permit prior to the removal
of said tree. The permit herein authorized shall be issued under the
following conditions:
(1)
The existing location of the tree(s) causes or will
cause a hardship or creates or will create a nuisance or a hazard
to the safety and welfare of the homeowner or residents of the dwelling
and/or the general public.
(2)
The trees to be removed are located within areas to
be occupied by buildings, driveways or recreation areas and within
a distance of 30 feet around the perimeter of such building; provided,
however, that the permit may specify that certain trees within said
30 feet shall remain standing.
(3)
Existing trees are not consistent with the landscaping
designs of the homeowner and/or residents of the dwelling. A new landscaping
plan may be required prior to the removal of any trees and, thereafter,
the implementation of said landscaping plan within a reasonable period
of time.
(4)
The trees are dead or dying.
(5)
Notwithstanding anything contained herein, whenever
the removal of trees results in a soil disturbance exceeding 250 square
feet.
I.
No material, machinery or temporary soil deposits
shall be placed within 10 feet of any existing tree trunk or stem
during the period of development of the land.
A.
A tree removal plan shall be filed with every application
before the Planning Board and Board of Adjustment for approval of
a subdivision, resubdivision, planned development, conditional use
or zoning variance or prior to any other development requiring tree
removal or planting.
B.
Where preliminary approval of a subdivision, resubdivision,
site plan or planned development has been granted, a tree removal
plan must be submitted to the Planning Board, incidental with filing
for final approval.
C.
When final approval of a subdivision, resubdivision, site plan or planned development has been granted by the Planning Board or Board of Adjustment, but where tree removal has not yet been undertaken on the subject property, a tree removal plan shall be filed with the relevant Board within 60 days of the passage of this chapter. Where a lot or tract is proposed to be developed for use as a single-family residence and the property is not covered by an approval plan through the operation of Subsection A or B above, the owner must submit a tree removal plan for approval. Plans for lots of less than one acre (43,560 square feet) must be submitted to the Construction Code Official. All others must be submitted to the Planning Board.
D.
No building permit shall be issued for the construction
of any residential, commercial, industrial, recreational or community
buildings or accessory buildings unless and until the developer, builder
or owner files with the Construction Code Official a tree removal
plan and obtains approval thereof or submits a plan previously approved
by the Board.
E.
No certificate of occupancy shall be issued unless tree removal has been in accordance with the approved plan and all trees required to be planted have been planted in accordance with the approved plan or a bond guaranteeing that planting has been posted with the Borough Clerk. The bond shall be in the principal sum of $100 per tree involved. The posting of a bond may be waived for applications applying to the Construction Code Official under Subsection D above.
F.
Replacement trees, including the size and number of
trees, shall be planted in accordance with the following table:
[Added 7-8-2008 by Ord. No. 11-2008]
|
Size of Tree Removed
(inches DPM)
|
Number of Replacement Trees with at least
a 2 1/2 inch DPM
| |
|---|---|---|
|
8 to 12
|
1
| |
|
12 to 18
|
2
| |
|
18 to 24
|
3
| |
|
24 to 36
|
4
| |
|
More than 36
|
To be determined in consultation with the Municipal
Engineer and Construction Code Official but, in any event, no less
than 6
|
|
Square Footage Size of Lot Permitted for
Development
(square feet)
|
Minimum Number of Trees Planted
(minimum three-inch caliper)
| |
|---|---|---|
|
2,000 to 9,000
|
2
| |
|
9,001 to 20,000
|
4
| |
|
20,001 to 60,000
|
6
| |
|
60,001 to 100,000
|
6
| |
|
100,000 or higher
|
10
|
A.
No person shall do any of the following acts in connection
with any tree located in the Borough in or on any street, highway,
public place, park or Borough-owned land without first obtaining a
permit:
(1)
Cut, prune, break, injure, remove, disturb or interfere
with any tree in any way.
(2)
Spray any tree with any chemical.
(3)
Fasten any rope, wire, sign or other device to a tree
or to any guard about such tree.
(4)
Remove or injure any guard or device placed to protect
any tree.
(5)
Close or obstruct any open space provided about the
base of a tree to permit the access of air, water and fertilizer to
the roots of such tree.
(6)
Place or maintain in any street or park any stone,
cement or other sidewalk or any stone, cement or other substance which
shall impede the free access of air and water to the roots of any
tree.
(7)
Plant any tree in any park or street.
(8)
Excavate within four feet of any tree.
(9)
String any wire in or through a public park.
(10)
Attach or fasten any wire, insulator or other
device for holding a wire to any tree.
B.
Any tree removed from the municipal right-of-way for
any of the above reasons shall be replaced with a new tree of at least
two inches in diameter. In the event the tree cannot be replaced within
the same general area, a location shall be chosen by the Shade Tree
Commission. No tree shall be removed within the right-of-way without
being replaced.
Application for a tree removal permit shall
be made by submission of the following:
A.
An application form provided by the Borough 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.
B.
The reason(s) for removing the trees.
C.
A tree removal plan consisting of a diagram showing
the location of all trees to be removed, the species of such trees
and their diameter, and location of all existing and proposed structures
on the property, together with the distance, that the trees proposed
to be removed are located from such structures and from property lines.
A reproduction of the tax map or an existing survey modified to provide
this information would be acceptable.
D.
A Tree Mitigation Plan to be reviewed and approved.
The plan shall consist of a diagram (as described above), showing
the location of all trees to be planted, the species of such trees
and their diameter or size as required.
E.
A processing fee of $25 for a tree removal permit.
The following factors shall be taken into consideration
in determining whether to issue a permit:
A.
The nature, size, species, age and condition of any
tree involved.
B.
The location thereof in the street or park, the planting,
care, protection, maintenance or removal procedure involved.
C.
Whether the proposed cutting or removal would impair
the growth and redevelopment of the remaining trees or ornamental
trees on the applicant's property or adjacent property.
D.
Whether the proposed cutting or removal would change
existing drainage patterns.
E.
Whether the proposed removal would allow soil erosion
or would increase dust.
F.
Whether the proposed removal would constitute a significant
change in the screening between existing or proposed buildings on
contiguous lots or the wooded aspect of the lot as viewed from the
adjacent public road.
G.
Whether the proposed removal would constitute a horticulturally
advantageous thinning of an existing overgrown area or the removal
of dead or diseased trees.
H.
The overall affect of removal of such tree(s) on the
physical and aesthetic value of the property and the neighborhood.
I.
Whether the area where such tree(s) are located will
be occupied by a building or structure, a driveway, a roadway, or
a sewer line, or whether such area is within 15 feet of any of the
foregoing.
J.
Whether proposed changes in the topography of the
area where such tree(s) are located will have depressed land configuration
or fill or land which shall be deemed injurious to the trees or other
trees located nearby so as to require walling, construction of an
aerification system, or tree or ornamental tree, removal or replacement.
K.
Whether the proposed renewal would remediate a safety
hazard to persons or structures.
A.
All required replacement trees shall be planted on
the site from which the trees were removed.
B.
Newly planted replacement trees shall be monitored
for a period of two years to ensure the health of the trees. If the
replacement trees die within the two-year period, the developer applicant
shall replace the dead tree.
C.
In lieu of planting replacement trees, the applicant
may be permitted to make a contribution to be deposited in the Borough
of Totowa Shade Tree Fund. The contribution to the fund shall be $250
for each tree and shall be deposited in the Shade Tree Fund prior
to any permits being issued including any permits issued by the Planning
Board and/or Board of Adjustment for development.
[Amended 7-8-2008 by Ord. No. 11-2008]
Anyone wishing to appeal the denial of a permit
under this chapter shall have the right to file an appeal to the Mayor
and Council within 14 days after notice of the action complained of.
All appeals must be made in writing and provide sufficient reason
for the appeal.
A.
Any person who violates any of the provisions of this
chapter shall, upon conviction, be punished by a fine not to exceed
$2,000 for each offense or by imprisonment for a term not to exceed
90 days, or a requirement of community service not to exceed 90 days.
A separate offense shall be deemed committed on the day on which a
violation occurs and each day the violation continues to occur.
[Amended 3-28-2006 by Ord. No. 07-2006]
