[HISTORY: Adopted by the Mayor and Council
of the Borough of Old Tappan as indicated in article histories. Amendments
noted where applicable.]
[Adopted 5-26-1975 as Ch. IX of the 1975
Code; amended in its entirety 11-19-2001 by Ord. No. 767-01]
No person shall do or cause to be done by others,
either purposely, carelessly or negligently, without the written permission
of the Mayor and Council or its designee, any of the following acts
on any of the public highways and parks of the Borough:
A.
Cut, prune, break, climb with spikes, injure or remove
any tree, shrub, or plant; cut, unduly disturb or interfere in any
way with any root of a tree, shrub, or plant.
B.
Spray any tree, shrub or plant with any chemical.
C.
Fasten any rope, wire, sign, or other device to a
tree or shrub or to any guard about the tree or shrub.
D.
Install, remove or injure any guard or device placed
to protect any tree or shrub.
E.
Place, maintain or cause to be placed or maintained
upon the ground any stone, cement or other sidewalk or other substance,
which shall close or obstruct any open space provided about the base
of a tree or shrub or impede the free access of air, water and fertilizer
to the roots of any tree or shrub.
A.
Wires through public parks. No person shall string
any wire or wires through a public park or other public land without
the written permission of the Mayor and Council or its designee.
B.
Safeguards for wires required. Every person having
or maintaining any electric, telephone, telegraph or other wires running
through a public highway or park shall securely fasten and maintain
the wires in such manner as will safeguard the trees and shrubs against
any damage therefrom and shall make periodical adjustments whenever
necessary to prevent damage to trees and shrubs growing in any public
highway or park.
C.
Wire insulators. No person shall, without the written
permission of the Mayor and Council or its designee, attach or fasten
any wire, insulator, or other device for holding any wire, to any
tree or shrub in any public highway or park.
D.
Pruning or removal of trees. When necessary to prune
or remove any tree in a public highway, any person having a wire or
wires running through the public highway shall temporarily remove
the wire or wires within 24 hours after the service upon the owner
of the wire, or his agent, of a written notice from the Mayor and
Council or its designee.
E.
Exception. The requirements of this section shall
not apply to any person having such wire or wires who shall perform
pruning or tree removal work when authorized by or requested by the
Mayor and Council or its designee.
A.
Approval by Mayor and Council required. No shade or
ornamental tree or shrub shall be planted in any public highway or
park until the tree or shrub shall have first been approved and then
placed where it is to be planted as designated by the Mayor and Council
or its designee, and a permit granted therefor.
B.
Obstruction through planting prohibited. No person
shall, through planting of trees, shrubs, or plant life, obstruct
the sight distance on any street intersection.
(1)
Whenever necessary and expedient for the preservation
of the public safety, the person in possession of the property as
owner or tenant shall, upon notification by the Mayor and Council
or its designee, trim and cut all bushes, hedges and plant life (except
shade trees) to a height of not more than 2 1/2 feet or to remove
same if it is located:
(2)
It shall be the responsibility of the tenant or owner
of property to maintain all shade or ornamental trees, hedges, or
shrubs growing on private property so that the lowest branches overhanging
a sidewalk area are at a height to permit pedestrians to walk freely
without interference.
C.
Clearing of vacant lots. Vacant lots within a developed
area must be kept free from weeds and trash. The Mayor and Council,
or its designee, may request any or certain lots to be mowed twice
a year and upon such request shall be required within a reasonable
time thereafter.
D.
Removal of dangerous trees. The Mayor and Council,
or its designee, shall give reasonable notice to remove or cause the
removal of a tree, or part of a tree, dangerous to public safety,
unless public safety requires immediate removal, in which case no
notice shall be necessary.
E.
Failure to comply with notice. Upon failure of any owner or tenant to comply with the terms of a notice issued in accordance with Subsection C or D hereinabove, the Mayor and Council, or its designee, shall cause such vacant lot to be mowed or such tree, or part of a tree, to be removed. The costs of such work shall be certified to the Mayor and Council which shall examine the certificate and, if found correct, shall cause the costs to be assessed against the lands and premises to be added to and become and form part of the taxes next assessed and levied upon such land, the same to bear interest at the same rate as taxes, and be collected in the same manner as taxes.
F.
Construction requirements.
(1)
In the erection, altering, or repairing of any building
or structure, the owner or contractor thereof shall place guards around
all nearby trees within a one-hundred-foot radius of public highway
or parks or public land which will effectually prevent injury to such
trees.
(2)
Construction equipment and all other implements, machines,
and tools shall be used or operated in such a manner as not to damage
or destroy any tree, shrub or plant in any public highway or park
or public land or subdivision.
G.
Chemical damage.
(1)
No person shall place salt, brine, oil or any other
substance injurious to plant growth in any public highway or park
in such a manner as to injure any tree or shrub growing thereon.
(2)
No person shall build any fire or station, any tar
kettle, road roller or other engine in any public highway in such
a manner that the heat, vapors or fumes therefrom may injure any tree
or shrub growing thereon.
H.
Borough maintains certain shade trees. The Borough
shall be responsible for maintaining trees within the public right-of-way
when such trees are Borough trees. "Borough trees" for purposes of
this article shall be defined as trees within the public right-of-way
which have been planted by the Borough or approved by the Borough
in connection with a development application. Trees, shrubs, or other
plant life within the public right-of-way, which are not Borough trees,
shall be maintained by and shall be the responsibility of the property
owner.
A.
Shade Tree Advisory Committee report required prior
to final approval. Before final approval of a subdivision by the Planning
Board, the subdivider or developer must have a report by the Shade
Tree Advisory Committee, which shall include, without limitation,
recommendations for the posting of bonds for the trees to be saved
as recommended by the Shade Tree Advisory Committee.
B.
Planting requirements.
(1)
On all subdivisions the developer or builder shall
be required to deposit with the Borough a sum sufficient to purchase
and plant trees along both sides of the road right-of-way within the
planting area, unless, due to natural conditions, the Planning Board
deems it desirable to plant otherwise or not at all. The amount of
money to be deposited with the Borough shall be determined at the
time of such final approval and shall be the actual reasonable cost
of such purchase and planting of trees. Trees, when planted along
the right-of-way, shall be approximately 50 feet apart.
(2)
The developer or builder shall furnish to the Shade
Tree Advisory Committee two maps of the approved subdivision upon
which the Shade Tree Advisory Committee shall make recommendations
for the location of all trees to be planted and return one copy to
the subdivider.
(3)
All tree varieties, placement, condition and quality
are subject to inspection by the Shade Tree Advisory Committee. Trees
shall be nursery grown stock.
C.
Bond required. A bond or bonds shall be required,
as set forth in the Shade Tree Ordinance, covering the preservation
of certain trees to be designated by the Planning Board to be left
in place, upon recommendation by the Shade Tree Advisory Committee.
D.
Shade tree specifications. The following specifications
shall apply to all trees planted within the Borough:
(1)
Shade trees shall be not less than 1 3/4 inches
caliper, 12 inches from ground level, and not less than eight to 10
feet high.
(2)
In general, all trees planted in the planting area
shall be planted nine feet from the curbline.
(3)
The approved varieties of trees shall be the following:
American ash, Norway maple varieties, sugar maple, pin oaks, oak varieties,
linden, zelkova, thornless, honeylocust or sweet gum, or any other
variety as may be deemed appropriate by the Mayor and Council upon
recommendation by the Shade Tree Advisory Committee. In large developments
it is advisable to use two varieties of trees, alternating them, so
that, should a disease strike a variety, all trees on a street would
not succumb. If desirable, neighboring streets may differ in variety
used.
(4)
Planting soil in the excavation shall be composed
of one-third peat, one-third humus, one-third parent soil to which
shall be added and mixed two pounds of raw bonemeal.
(5)
Backfill of the entire excavation shall be graded
to a depth of two inches below grade.
(6)
Each tree shall be given ample water at the time of
planting.
(7)
All trees shall be staked. Stakes of red or white
cedar shall be eight feet long and not less than two inches in diameter
at the top. Stakes shall be driven into the ground to a depth of two
feet before backfilling. Trees shall be guyed to the stakes by means
of wire and rubber hose or its equivalent and shall be fastened in
such a manner that the tree trunk shall not come in direct contact
with the wire.
(8)
All planting debris shall be removed so that the property
is left in a neat, orderly condition.
No person shall prevent, delay, or in any manner
interfere with the Shade Tree Advisory Committee or its authorized
agents in the performance of their lawful duties.
Any person, applicant, developer or owner who
violates any provision of this article shall be liable for a fine
not to exceed $1,000 or imprisonment for a term not in excess of 90
days, or both. Each and every violation hereof shall constitute a
separate offense for which a fine or other penalty may be imposed.
[Adopted by Ord. No. 609-97, as amended through Ord.
No. 652-98]
The Mayor and Council of the Borough of Old
Tappan hereby finds and determines as follows:
A.
There is a direct relationship between the preservation
of and planting of trees in populated areas, and the health, safety
and welfare of residents.
B.
Trees are related to natural, scenic and aesthetic
values and promote a desirable visual environment which the Borough
desires to protect.
C.
Trees reduce noise, produce oxygen and reduce carbon
dioxide gases in the air, help to improve air quality, provide wildlife
and bird habitat and otherwise create a pleasant atmosphere in the
Borough.
D.
Trees stabilize the soil and help to reduce water
and wind erosion, thereby reducing water pollution.
E.
Trees also yield advantageous climatic effects through
shade and transpiration, thereby reducing human energy consumption.
F.
The preservation of trees promotes the retention of
valuable natural resources in the Borough.
G.
The destructive and indiscriminate removal of trees
causes increased Borough costs for control of stormwater runoff, impairs
the benefits of occupancy of existing residential properties, impairs
the stability and value of both improved and unimproved real property
in the area of destruction, and adversely affects the health, safety,
and general welfare of residents of the Borough.
H.
In order to provide protection for trees against destructive
practices and indiscriminate and excessive removal practices, this
article establishes minimum standards for the protection of and preservation
of trees within the Borough.[1]
[1]
Editor's Note: Former §§ 234-8 through 234-18,
as amended, which immediately followed this section, were repealed
and replaced 3-4-2024 by Ord. No. 1248-24.
As used in this article, the following terms shall have the
following meanings:
The owner or lessee of real property or duly authorized agent.
Any tree, or limb thereof, that has a disease or insect infestation;
is dead or dying; obstructs the view of traffic signals or the free
passage of pedestrians or vehicles; is causing obvious damage to structures
(such as building foundations, sidewalks, etc.); or threatens public
health, safety and welfare. The decision of whether a tree meets this
definition shall be made by the Superintendent of the Department of
Public Works or the Environmental Commission.
The diameter of a tree measured at a point on the tree four
feet above the ground level.
A line connecting the tips of the outermost branches of a
tree projected vertically to the ground.
The Environmental Commission of the Borough of Old Tappan,
established pursuant to N.J.S.A. 40:56A-1 et seq., and with the powers
provided by N.J.S.A. 40:55D-27.
The natural growing characteristics of any tree, which include
branch spread and distribution, dripline, branch height above ground
and root spread and distribution.
An area adjacent to any side yard or rear yard of the lot.
The width of the buffer for each side yard shall be 10 feet and the
width of the buffer for the rear yard shall be 15 feet.
Any individual, firm, partnership, corporation, association,
public utility or organization of any kind, or agent thereof.
All improved and unimproved privately owned real property
within the Borough of Old Tappan. Land owned by the Borough of Old
Tappan, the County of Bergen, or the State of New Jersey is excluded.
A tree located on public property owned by the Borough of
Old Tappan, the County of Bergen or the State of New Jersey.
A woody perennial plant which has attained a height of at
least 20 feet or a DPM of at least six inches prior to any pruning,
limb removal, topping, or other such activity.
A low, usually several-stemmed woody plant.
Any cutting, pruning of a tree or the alteration of the habitat
of a tree which impairs, destroys or endangers the life of such tree
or its natural symmetry.
The Superintendent of the Department of Public Works.
Any woody perennial plant and its root system.
A.
It shall be unlawful for any person to cut, destroy, remove, substantially injure or substantially alter the habitat of any regulated tree located on private real property that is located within the landscape buffer area. For trees not located in the landscape buffer area, trees may be removed upon obtaining a tree removal permit which shall be issued without charge for the first two trees within a calendar year and at the cost set forth in Chapter 100 of this Code for each tree above two removed during a calendar year.
B.
The following activities shall be expressly prohibited with respect
to public trees without the prior written permission of the Superintendent
of Public Works of the Borough:
(1)
To cut, prune, break, injure, alter or remove any public tree; or
cut, unduly disturb or interfere in any way with a root of public
tree.
(2)
To spray any public tree with a chemical.
(3)
To fasten any rope, cable, sign, light or other device to a public
tree, except for holiday lighting for no more than an eight-week period
during holiday seasons.
(4)
To install, remove or injure any guard or device placed to protect
a public tree.
(5)
To close or obstruct any open spaces provided about the base of a
public tree to permit access of air, water or fertilizer to tree roots.
C.
Any person causing damage to a public tree by machines, automobiles
or other implements shall be liable for damage to the tree. Damage
shall be corrected or repaired, or the tree replaced by the Borough,
and the person liable shall repay the Borough for the costs of replanting
including labor and materials.
D.
No person shall operate, place or maintain within the dripline of
any public tree any machinery, equipment, heavy object, stone, rocks,
cement, soil or other substance which may harm such public tree by
unduly compressing the earth or otherwise impeding the movement of
water, air or fertilizer to the roots of such tree.
E.
Notwithstanding anything to the contrary which may be set forth in Subsection B hereinabove, the Superintendent shall not permit any public tree to be cut, destroyed or removed unless it is diseased, dead, a danger to public safety or threatens damage to private property, except that any public tree may be cut, destroyed or removed as may be directed by the Mayor and Council after consultation with the Environmental Commission.
Notwithstanding the restrictions contained in § 234-9 hereof, the following activities shall be specifically permitted with respect to trees on private real property:
A.
The cutting, pruning or trimming of trees in a manner which is not
harmful to the health of the tree and will not endanger the tree's
continued vitality.
B.
The cutting, destruction or removal of trees which are diseased or
dead or which endanger public safety or threaten damage to private
property. In order to remove a tree under this exception, a property
owner or developer shall be required to submit, to the building department,
a report from a licensed arborist or similar professional attesting
to the need to remove the tree.
C.
The cutting or removal of trees in accordance with a landscape plan
as part of a subdivision or site plan application approved by the
Planning Board or Board of Adjustment in conjunction with subdivision
or site plan approval; provided, however, that the cutting or removal
of trees shall not commence until all conditions of approval by the
Planning Board or Board of Adjustment have been satisfied and an appropriate
tree removal permit is issued.
D.
The cutting or removal of a tree as may be necessary to construct
any structure or improvements for which a building permit has been
issued by the Borough Construction Official, including but not limited
to a building permit issued in conjunction with subdivision or site
plan approval.
E.
The cutting, removal or destruction of any tree pursuant to an order
or directive of any municipal, state or federal court or any governmental
agency.
F.
An applicant shall make every effort to locate the proposed building or structure within a less wooded area of the lot which is proposed for development. Subject to this requirement, the applicant shall be permitted to remove trees within the footprint of the building, plus a ten-foot perimeter, as well as within existing and proposed rights-of-way, without being obligated to replace same as set forth in § 234-15. Notwithstanding the foregoing, a developer or builder shall still be obligated to plant shade trees as required by § 234-4.
B.
For purposes of this section, if tree removal is proposed in connection
with an application for development, nursery shall be defined to include
land of which at least 80% of the area has been determined by the
Borough Assessor to be devoted to horticultural uses for purposes
of qualifying the property for farmland assessment for the year prior
to the application for development.
A.
Notwithstanding anything to the contrary which may be set forth in this § 234-12, prior to the cutting, destroying or removal of any regulated tree situated on private real property within the Borough of Old Tappan the owner or developer of such private real property shall file with the building department an application for a tree removal permit. The construction official shall have the authority to waive any or all of the below listed conditions.
B.
An application for a tree removal permit shall include the following
information, unless waived by the Construction Official or his or
her designee:
(1)
Name and address of the applicant.
(2)
Date of the application.
(3)
Description of the subject property, including lot and block numbers.
(4)
A specifically described location of the regulated tree or trees
proposed for removal.
(5)
The purpose or reason for the proposed tree cutting or removal.
(6)
The location of all structures and improvements on the property shown
in relation to the proposed trees to be removed, including building
foundation, garages, driveways and other paved areas, outbuildings,
swimming pools, tennis courts.
(7)
The tree species, size, quantity and diameter at a point of measurement
(DPM).
(8)
The proposed date or dates for commencement and completion of the
tree removal project.
(9)
The name and address of the person having express charge, supervision
and/or control of the proposed removal of trees.
(10)
A grant of express, written permission to Borough officials,
employees, and consultants, and members of the Environmental Commission
to enter upon the property to inspect the trees to be removed and
to inspect the tree removal project as the work is in process.
C.
Applicants shall be required to protect from damage all trees which
are not to be removed and shall install fencing at least 10 feet from
the trunks of said trees.
D.
Applications for tree removal permits shall also require the applicant
to provide notice to all adjacent property owners, at least 10 days'
prior to the removal, depicting the tree or trees that are proposed
to be removed. Applicant shall supply proof of notification to the
building department prior to the issuance of any permit.
A.
Any applicant seeking approval of the Planning Board shall file,
together with any and all other applications and plans as may be required
by the Land Use Ordinances of the Borough of Old Tappan, an application
for a permit for removal of regulated trees as hereinabove set forth.
B.
A completed application for regulated tree removal shall be forwarded
by the enforcing agent to the Construction Official of the Borough
of Old Tappan. The Construction Official shall have a period of 45
days from receipt of a completed application to make a report and
recommendation to the Planning Board pursuant to its powers established
under N.J.S.A. 40:55D-27.
The evaluation of said application by the Planning Board, as
well as the report and recommendation of the Environmental Commission,
shall be based on the following criteria:
A.
The necessity of the removal of the regulated tree for the project
in question in the context of the development proposed.
B.
The condition of the tree with respect to diseases and safety hazards.
C.
The effect of the tree removal on ecological systems.
D.
The aesthetic and environmental character existing at the site of
the proposed regulated tree removal with respect to existing vegetation
on the property, the immediate vicinity and the general area.
A.
As part of its review and approval process, the Planning Board may
require the applicant to replace regulated trees where their removal
has been permitted in connection with proposed development. Further,
the Planning Board may require that the replacement trees have heights
of at least eight feet at the time of planting and be planted in accordance
with the following schedule:
(1)
A deciduous tree shall be replaced by a tree the species of which
is identical to the tree being removed or is otherwise referred to
in the United States Conservation Service as compatible with the soil
type. A coniferous tree shall be replaced by a similar coniferous
tree.
(a)
On a case-by-case basis subject to Environmental Commission
and Planning Board review and approval, an applicant may propose a
tree replacement plan proposing alternate species of trees. The alternate
plan must provide details, rationale, justification and evidence supporting
the request to approve the alternate plan to show that said plan promotes
the general welfare of the community and that the proposed tree species
are compatible with local environs.
(2)
A tree with a six inch to less than twelve-inch diameter is to be
replaced by one two-and-one-half-inch caliper tree. A tree with a
twelve-inch to eighteen-inch diameter is to be replaced by two trees
with diameters of at least 2 1/2 inches.
(3)
A tree with a diameter of more than 18 inches to 24 inches is to
be replaced by three trees with diameters of at least 2 1/2 inches.
(4)
A tree with a diameter of more than 24 inches to 36 inches is to
be replaced by four trees with diameters of at least 3 1/2 inches.
(5)
A tree with a diameter of more than 36 inches shall be replaced by
not less than six trees with diameters of at least four inches.
B.
In the event that the replacement of the required number of trees
cannot reasonably be achieved on site, the applicant may request to
contribute an amount equal to the cost of the replacement tree, including
installation and guarantee (three times the current wholesale value
of each unplanted tree), to a fund established by the Borough for
the purpose of tree maintenance, tree preservation, tree planting,
landscaping, and including the donation of trees to be planted within
the Borough.
C.
As a condition of its approval of a tree removal permit in connection
with any development, the Planning Board shall require the owner or
applicant to obtain a guarantee in a form satisfactory to the Borough
Attorney that will cover the replacement of any replacement trees
and plantings for a period of two years from the date of installation.
A two-year warranty on new and existing trees will be required for
trees within 25 feet of the area of disturbance.
D.
Any trees approved to be removed will be red-flagged and numbered
according to the tree replacement plan. All remaining trees in the
area of disturbance will be yellow-flagged and numbered. Upon issuance
of a certificate of occupancy, all flags shall be removed by the property
owner.
In addition to the application fees required for minor subdivision, major subdivision or site plan application, an application for a tree removal permit shall be accompanied by a fee as set forth in Chapter 100 of this Code.
Any person, applicant, developer or owner who violates any provision
of this article shall be liable for a fine not to exceed $1,000 or
imprisonment for a term not in excess of 90 days or both. Each and
every day that a violation hereof exists shall constitute a separate
offense for which a fine or other penalty may be imposed.
The Borough Building Inspector/Construction Code Official is
designated as the enforcing agent for this article. Such enforcing
agent shall deliver to the Environmental Commission copies of all
orders enforcing the provisions of this article contemporaneously
with the issuance of such orders.
