[HISTORY: Adopted by the Township Council
of the Township of River Vale 5-23-2005 by Ord. No. 117-2005. Amendments noted
where applicable.]
The purpose of this chapter is to control and
regulate the indiscriminate or excessive removal, large-scale, clear-cutting
and destruction of trees and to control, regulate and prevent conditions
which cause an increase in stormwater runoff, sedimentation, soil
erosion, loss of wildlife habitat, air or noise pollution or inhibit
aquifer recharge or impair the ambiance or physical appearance of
a neighborhood. The regulations contained in this chapter are designed
to limit such adverse impact while not interfering with the right
of a River Vale property owner to appropriately remove trees in accordance
with the regulations set forth hereinbelow.
As used in this chapter, the following terms
shall have the following definitions:
The Township Engineer, Construction Code Official or Department
of Public Works Superintendent.
[Amended 10-26-2015 by Ord. No. 306-2015]
A tree nominated by a property owner on whose property the
tree(s) is located, which said property owner considers to be special
by virtue of history, unusual size or age or of a rare species and
as so designated by the Planning Board.
A register of all landmark trees which shall be promulgated
by the Planning Board after notification to the person on whose property
such a tree or trees are located. The Planning Board shall promulgate
and update the landmark tree register at a public hearing on public
notice to all property owners affected.
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.
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. 306-2015]
A person may remove or otherwise destroy any
tree on any land within the Township only in accordance with the terms
and conditions of this chapter. Caution should be taken, particularly
during periods of construction, to avoid the placement of materials,
machinery or temporary soil deposits within the dripline area of any
tree located on any land within the Township.
No person, directly or indirectly, shall, without
first obtaining a permit or approval as provided for hereinbelow,
remove or otherwise destroy any tree on lands located in River Vale
as set forth in this section.
A.
"Removal" shall include, but not be limited to, damage
inflicted to the root system by machinery, storage of materials and
soil compaction, change of natural grade above or below the root system
or around the trunk; damage inflicted on the tree permitting fungus,
pests or other infestation; excessive pruning or thinning leading
to a failure to thrive; paving over the root system with any impervious
materials within such proximity as to be fatally harmful to the tree;
or application of any toxic substance.
B.
The following acts are hereby regulated and shall require the below-referenced
permit:
[Amended 10-26-2015 by Ord. No. 306-2015]
(1)
A tree removal permit shall be required prior to the cutting for removal of more than one tree on a tax lot within any twenty-four-month period. Any tree removal conducted in conjunction with the issuance of a soil moving permit or building permit shall require the replacement of two trees for every tree removed regardless of the number removed. All tree replacement shall be in accordance with § 225-5D. Donations to the Shade Tree Fund may be approved when the required replacement is not feasible.
A.
A person desiring to remove or otherwise destroy a tree as provided for in § 225-2 hereinabove shall apply to the Township Engineer or his or her designee for a permit to remove or otherwise destroy a tree. This application should be in narrative form within a letter and specify:
(1)
The name and address of the owner of the premises.
(2)
The name and address of the applicant for the permit,
if other than the owner, accompanied by the owner's consent to said
application.
(3)
A description by lot and block number of the premises
for which the permit is sought.
(4)
If the tree is a landmark tree, the tree's register
number.
B.
The application for a permit should be accompanied
by a sketch containing the following:
(1)
A description of the premises upon which the tree
removal or destruction is to take place by street address and lot
and block number;
(2)
The size of the lot;
(3)
The location upon the lot where the destruction or
removal of the tree or trees is proposed to take place;
(4)
The identity of and the number of trees to be destroyed
or removed;
(5)
The purpose of the destruction or removal of the trees;
(6)
The proposal, if any, for replacing any destroyed
or removed trees or other landscape improvement; and
(7)
The location of all streams on the lot or adjacent
properties.
C.
The Township Engineer or his or her designee shall
apply the following standards in evaluating the permit for the tree
removal or destruction. Said Township Engineer or his or her designee
shall visit the location and inspect the land and trees which are
the subject of the application in order to determine the effect of
the destruction or removal upon:
(1)
The drainage or other physical conditions on the land
and adjacent property;
(2)
The stability of the soil of the subject land, with
particular concern as to whether erosion will be created by the tree
removal; and
(3)
The growth and development of the remaining trees
on the land and adjacent property.
D.
All tree replacements, including those for an approved tree removal
permit, shall meet the following:
[Added 10-26-2015 by Ord.
No. 306-2015]
(1)
Reforestation for replacement of all nonexempt tree removal is two
trees for every tree removed.
(2)
Replanted trees shall be at least 2 1/2 inches in diameter caliper,
measured at breast or chest height, and shall be nursey stock, balled
in burlap and staked upon planting per municipal standards provided
by the Municipal Engineer or in accordance with the New Jersey Department
of Environmental Protection, Division of Parks and Forestry, New Jersey
Forestry Services, as detailed in the most recent Program Guidelines.
(3)
Trees for reforestation shall be indigenous of the site from which
trees have been removed, consistent with the species found and/or
being considered for removal, and in accordance with the above-stated
publication.
(4)
The location of replanted trees shall be determined by the following
schedule of preference when at all possible:
(a)
In the development location where the trees are removed.
(b)
Within the building or tax lot containing the removed trees.
(c)
Within the street rights-of-way bounding the site and/or in
the same block.
(d)
At the discretion of the Township Engineer or his/her designee,
a contribution may be made (for all or a portion of the required replanted
trees) to the Township's Shade Tree Fund based on current market
values as determined by the Township Engineer of the required replacement
trees in lieu of on-site reforestation.
The Township Engineer or his or her designee shall accept for filing the permit application referenced in § 225-2 hereinabove. Said application shall be date and time stamped when received, and the applicant shall be furnished a copy of said application with said date and time stamped. Thereafter, the Township Engineer or his or her designee shall within 15 business days of receipt of the completed application for the removal of a nonlandmark tree(s):
A.
Visit and inspect the location of the application
as provided for hereinabove; and
B.
Decide whether the destruction or removal of the trees,
which is the subject of the application, will cause or contribute
to drainage problems, soil erosion or the loss of tree species; and
C.
Grant or deny the requested permit in whole or in
part. The failure of the Township Engineer or his or her designee
to act upon the application for the removal of a nonlandmark tree(s)
within said 15 business days shall constitute approval of said application
and entitle the applicant to the permit requested unless an extension
of the fifteen-day period has been agreed upon between the applicant
and the Township Engineer or his or her designee in writing before
the period expires. In the case of a landmark tree, the Township Engineer
or his or her designee shall refer a completed application to the
Planning Board. The Planning Board shall grant or deny the requested
permit within 30 business days of the filing of the application by
the applicant. Any applicant may request an informal hearing in support
of a permit, and all decisions to deny the permit must be in writing,
setting forth the reasons for such denial.
Within 10 days of receipt of decision of the
Township Engineer or his or her designee or the Planning Board, which
denies approval for the tree removal or otherwise destruction, the
applicant may appeal in writing to the Township Council. The governing
body shall decide the appeal within 30 days of receipt of the notice
of appeal. The failure of the governing body to decide the appeal
within 30 days shall constitute reversal of the decision by the Township
Engineer or his or her designee or the Planning Board. In any event,
the applicant shall be notified of the governing body's action or
failure to act by written notice from the Township Clerk.
Excepted from the provisions of this chapter
are the following:
A.
The removal of any tree as ordered by the Enforcement Officer.
[Amended 10-26-2015 by Ord. No. 306-2015]
B.
Any tree located on publicly owned land and removed by the appropriate
public agency with the consent of the Enforcement Officer.
[Amended 10-26-2015 by Ord. No. 306-2015]
C.
Any tree that poses imminent danger to life or property. If prior
notification of the removal of said tree pursuant to this chapter
has not been given to the Enforcement Officer prior to removal, then
notification must be provided within three days of such removal.
[Amended 10-26-2015 by Ord. No. 306-2015]
D.
Any dead tree or substantially diseased tree as a result of natural
causes or storm damage where:
[Amended 10-26-2015 by Ord. No. 306-2015]
(1)
The person desiring to destroy or remove the tree is the owner of
the land upon which the tree is located;
(2)
The person notifies the Enforcement Officer of the desire to remove
the tree; and
(3)
The Enforcement Officer verifies that the tree is dead and substantially
diseased as a result of natural causes.
E.
Accident- or storm-damaged trees where removal is
in response to an emergency.
F.
Tree removal covered by approved site plan. However, a copy of any site plan application, which provides for the removal of a landmark tree, must be provided to the Township Engineer or his or her designee to allow the Planning Board as provided for in § 225-2 to provide its review and comment, if any, to the Planning Board.
G.
The removal of any trees which are a part of an approved
woodlot management program pursuant to the provisions of the New Jersey
Farmland Assessment Act of 1964.
[Amended 10-26-2015 by Ord. No. 306-2015]
A.
The Enforcement Officer or his/her designee is designated as the
enforcing agent for this chapter. Upon review of as-built plans or
site inspection of any development application or soil movement activity,
the Township Engineer shall inform the Enforcement Officer of any
violations.
B.
Any individual, corporation or association violating any provision
of this chapter shall, upon conviction thereof, be punishable by a
fine not exceeding $1,000 per offense. The cutting, destruction or
removal of each tree shall constitute a separate offense.
The Township Engineer or his or her designee
and the Planning Board shall make an annual report to the Township
Council as to permits granted and denied in each calendar year pursuant
to this chapter. Such report shall be submitted by February 1 of each
year as to the preceding year's activities.
[Added 10-26-2015 by Ord.
No. 306-2015]
A.
The fee for a tree removal permit shall be set forth as follows:
|
Number of Trees
|
Fee
| |
|---|---|---|
|
6 to 10*
|
$150
| |
|
11 to 20
|
$250
| |
|
21 to 50
|
$500
| |
|
51 and over
|
$1,000 plus an additional $100 for each additional 5 trees or
part thereof.
|
|
NOTE:
| ||
|---|---|---|
|
*
|
There is no fee for removal of five or fewer trees in any twenty-four-month
period.
| |
B.
Notwithstanding the fee schedule, no permit fee shall be required
for the removal of a dead or hazardous tree, provided that the applicant
and/or property owner satisfies all the other requirements of this
chapter.
