[Added 5-22-1997 by Ord. No. 0-5-97(R)]
[Amended 4-11-2005 by Ord. No. 106-2005]
This article shall be contained in Chapter 142, Land Use, of the Code of the Township of River Vale and shall be entitled "Tree Preservation and Removal."
The purpose of this article is to discourage
indiscriminate and excessive removal, cutting and destruction of trees
and to encourage conditions and practices which prevent increased
surface drainage, sedimentation and soil erosion, decreased soil fertility,
post construction mortality and provide adequate revegetation of the
area with appropriate species after construction. On relevant land
as defined herein, it is the intent of this article for the applicant's
professional design consultants to prepare and submit plans which
consider and place a design priority on the preservation of existing
vegetation and in particular, trees. It is the further intent of this
article that roadway alignment, building placement, proposed grading,
utility installations and other site improvements be planned and designed
with the preservation of existing trees as a major consideration.
The ability to maximize or increase development density shall not
be a legitimate cause to justify relief from provisions of this article.
As used in this article, the following terms
shall have the meanings indicated:
A tree removal, preservation and planting plan which has
been approved by the appropriate board of review of the Township of
River Vale.
[Amended 11-25-1997 by Ord. No. 0-21-97]
Churches, clubs, lodges or any such building used by any
organized group or by the public generally.
An imaginary line from the tips of the outermost branches
of a tree projected vertically to the ground.
The Construction Code Official shall be the enforcing officer
for all approved tree plans.
Trees recommended by the New Jersey Bureau of Forest Management
as best adapted to the climate, soil and topography of the Township
of River Vale. A listing of these trees is on file with the River
Vale Township Clerk.
Any real property which:
Is or could be the subject of a major subdivision application, as is defined in the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) and Part 9 (Zoning) of this chapter; or
Is the subject of a site plan application in
which any new building coverage exceeds 2,500 square feet; or
Is the subject of a minor subdivision application
consisting of three lots.
Any tree within the right-of-way exclusively.
Any living woody perennial plant having a trunk diameter
of at least four inches measured at four feet above the natural ground
level. If a plant has multiple stems, then the aggregate of the stem
diameters and/or the aggregate of the circumferences shall be used
in determining whether the plant is a tree.
[Amended 10-26-2015 by Ord. No. 307-2015]
A plan of tree removal, preservation and/or planting prepared
by the New Jersey Bureau of Forest Management, an approved forester
by the New Jersey Bureau of Forest Management, a licensed landscape
architect or, at the discretion of the appropriate board of review,
a similarly qualified person.
Under this section, the following trees may
be removed without filing a plan:
A.
Any tree removed in compliance with the Farmland Assessment
Law (N.J.S.A. 54:4-23.1 et seq.).
B.
Trees directed to be removed by municipal, county
or state authority pursuant to law.
C.
Any tree which is part of a nursery, garden center,
Christmas tree plantation orchard or cemetery.
D.
Trees authorized to be removed at the discretion of
the River Vale Construction Code Official or Property Maintenance
Official for purposes of safety, maintenance or other reasons relating
to the public health or general welfare.
No person shall cut, remove, plant or damage
any tree upon any relevant land within the Township of River Vale
unless such removal and cutting is done in accordance with the provisions
of this article.
A.
No person shall cut or remove any tree upon relevant
land within the Township of River Vale without first obtaining an
approval tree plan.
B.
A tree removal, preservation and planting plan shall
be filed with every application relating to relevant land for approval
of a subdivision, site plan, planned development, conditional use
or zoning variance or prior to any other development requiring tree
removal or planting, except as otherwise provided in this article.
C.
Building permit; performance and maintenance guaranties.
(1)
No building permit with respect to relevant
land shall be issued for site clearing, grubbing or the construction
of any residential, commercial, industrial, recreational or community
buildings or accessory buildings unless the property owner or its
designated agent first obtains an approved tree plan.
(2)
No permit shall be issued unless the Applicant
has filed with the Township a performance guaranty sufficient in amount
to equal the total cost to the Township, as estimated by the Township
Engineer, of complying with the conditions of the approved tree plan,
in the event that the Applicant does not complete the work as approved.
The form, sufficiency and execution of the performance guaranty shall
be approved by the Township Attorney. Posting of the guaranty shall
be detailed and defined in any developer's agreement entered into
by the appropriate board of review of the Township, the Township and
an applicant.
[Amended 11-25-1997 by Ord. No. 0-21-97]
(3)
A maintenance guaranty shall be furnished by
the Applicant upon the release of the performance guaranty and/or
the approval of the Township Engineer evidencing that all work has
been completed in accordance with the approved tree plan. The maintenance
guaranty shall begin with the release of the performance guaranty
and shall run for a period of two years pursuant to the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq. Provisions governing the maintenance
guaranty shall be contained in the developer's agreement.
D.
No certificate of occupancy shall be issued unless
tree removal and planting has been performed in accordance with the
approved tree plan. Proof that all trees have been planted in accordance
with the approved plan or that the plantings are insured by a valid
performance guaranty shall be submitted to the Construction Code Official.
The procedure for applying for and issuance
of an approval tree plan shall be as follows:
A.
Applications shall be filed with the appropriate board
of review of the Township and shall be accompanied by the fee prescribed
herein. Applications for exemptions shall be filed directly with the
Township Construction Code Official.
[Amended 11-25-1997 by Ord. No. 0-21-97]
B.
The applications shall be made in duplicate and a
copy shall be filed simultaneously with the Township Engineer. The
application shall show the following:
C.
Every application shall be accompanied by a map and
exhibits showing:
(1)
Tax Map, lot and block number.
(2)
Area of the subject relevant land.
(3)
Tree survey of all existing trees.
(4)
Genus, species and size in inches of all trees
involved.
(5)
General slope and topography of the relevant
land.
(6)
Location of streams, water bodies and wetlands.
(7)
Map of locations and surrounding properties
showing wooded areas.
(8)
A list of trees to be planted, as selected from
the preferred trees list; identification of species to be used as
street trees.
(9)
Tree removal plan and tree planting plan in
relation to principal and accessory buildings, roads and driveways,
parking lots, garden areas, etc., showing also the relation to survey
stakes.
(10)
Location of buildings (site plan applications
only).
(11)
Location of roads, driveways, parking lots,
staging areas, recreation areas and garden areas, where applicable.
(12)
Grading plan.
(13)
Schedule for tree removal and planting.
(14)
Maps, as applicable, showing number, type and
location of trees and wooded areas to be removed.
(15)
Any other information deemed pertinent to the
application by the appropriate board of review of the Township, Township
Engineer or Construction Code Official.
[Amended 11-25-1997 by Ord. No. 0-21-67]
D.
At the discretion of the appropriate board of review
of the Township, the applicant shall provide alternative sketch plan
layouts demonstrating that the layout adequately considers and makes
provision for the preservation of existing trees.
[Amended 11-25-1997 by Ord. No. 0-21-67]
E.
All trees on a subject site shall be flagged in the
field for identifications.
A.
If no area other than a wooded area or area with trees
can be found to accommodate the building foundation, sewerage system
or well, meeting the approval of the enforcement officer, necessary
tree removal shall be permitted.
B.
Any grading must protect standing trees from machine operation, soil storage or material storage by a distance equal to or greater than the dripline of the tree by means of a brightly painted snow fence or suitably visible alternative. Where some grading must take place within the dripline, in the opinion of the appropriate board of review of the Township, tree wells should be designed, and constructed to preserve the trees. Any tree seriously damaged during construction must be professionally treated or replaced, in accordance with Subsection D of this section, as deemed appropriate by the enforcing officer and/or the Township Engineer.
[Amended 11-25-1997 by Ord. No. 0-21-97]
C.
Any tree used in a required planting must be at least
2 1/2 inches in diameter caliper, must be nursery stock, balled
and burlap, and guaranteed for two years from the date of planting.
D.
The removed trees are to be replaced according to the following formula: Where a tree removal permit is required, two replacement trees shall be planted on the subject tax lot for every tree removed. All tree replacement shall be in accordance with § 225-5D of the Township Code.
[Amended 10-26-2015 by Ord. No. 307-2015]
E.
Trees in the area between the street line and the
setback line of the buildings shall be preserved to the greatest extent
possible.
F.
Tree removal from any slope or environmentally sensitive
area is prohibited if it will contribute, in the opinion of the appropriate
board or review of the Township, to extra runoff of surface water
onto adjoining property and erosion and silting, unless other means
approved by the Bergen County Soil Conservation District are provided
to prevent runoff and erosion.
[Amended 11-25-1997 by Ord. No. 0-21-97]
A.
The applicant, at the time of filing an application
for an approved tree plan, shall deposit with the secretary of the
appropriate body an amount determined herein payable to the Township
of River Vale. In addition, the applicant shall escrow sufficient
funds with the secretary of the appropriate body for payment of the
fees of all professionals whose services are required, including but
not limited to any landscape architect or horticulturist retained
by the Township, the Township Engineer, the Township Attorney, the
attorney of the appropriate board of review and the engineer of the
appropriate board of review. The escrow funds also shall be applied
toward the cost of all required inspection fees incurred in connection
with an approved tree plan.
[Amended 11-25-1997 by Ord. No. 0-21-97]
A party who removes a tree on relevant land, or on other land, which is not permitted by an approved tree plan shall be subject to a fine as provided in Chapter 1, General Provisions, Article I, § 1-14, for each tree removed and shall be required to replace the tree removed with like kind in accordance with the following schedule:
|
For Removed Trees of 16 Inches or Greater
| |
|---|---|
|
Size of Existing Tree Removed
(inches)
|
Number of Replacement Trees
|
|
From 16 to 23
|
3 at 4 inches in diameter
|
|
From 24 to 32
|
6 at 6 inches in diameter
|
|
33 and greater
|
9 at 8 inches in diameter
|
