[HISTORY: Adopted by the Mayor and Council
of the Borough of Emerson as indicated in article histories. Amendments
noted where applicable.]
[Adopted 5-28-1974 by Ord. No. 628 (Ch. 102, §§ 102-14 through 102-18, of the
1966 Code)]
As used in this article, the following terms
shall have the meanings indicated:
Every person, firm, association, partnership and corporation.
As applied to public utility companies shall mean poles,
wires, cables, subsurface conduits, pipes, manholes and appurtenant
facilities of such companies installed in a street.
A public utility as defined in N.J.S.A. 48:2-13.
The Shade Tree Commission of the Borough of Emerson.
[Amended 2-7-2017 by Ord.
No. 1537-17; 7-16-2019 by Ord. No. 1595-19]
Trees and shrubs.
[Amended 2-7-2017 by Ord.
No. 1537-17; 7-16-2019 by Ord. No. 1595-19]
No person shall do any of the following acts to any tree on
a street without the prior permit of the Shade Tree Commission:
A.
Cut, prune, climb with spikes, break or damage or remove or kill.
B.
Cut, disturb or interfere in any way with any root.
C.
Spray with any chemical.
D.
Fasten any rope, wire, sign or other device. Nothing herein shall
prevent any governmental agency from affixing in a manner approved
by the Shade Tree Commission a public notice upon a tree in connection
with administering governmental affairs.
E.
Remove or damage any guard or device placed to protect any tree or
shrub.
F.
Conduct razing, removal or renovation of any structure if deemed
by the Commission to be damaging to neighboring street trees.
G.
Place or distribute chemicals, including but not limited to salt,
deleterious to tree health.
H.
Maintain a stationary fire or device which vaporizes noxious fumes
deleterious to tree health.
I.
Remove soil, either for trenching or otherwise.
J.
Construct new sidewalks and/or driveways with any material whatsoever
within five feet of a tree.
K.
Plant a tree or shrub.
A.
The Shade Tree Commission may grant to public utility companies a
blanket permit for:
[Amended 2-7-2017 by Ord.
No. 1537-17; 7-16-2019 by Ord. No. 1595-19]
C.
Each public utility company shall exercise reasonable diligence in
the maintenance of its plant construction so as to avoid damage to
trees under the jurisdiction of the Borough of Emerson Shade Tree
Commission.
[Amended 2-7-2017 by Ord.
No. 1537-17; 7-16-2019 by Ord. No. 1595-19]
[Amended 2-7-2017 by Ord.
No. 1537-17; 7-16-2019 by Ord. No. 1595-19]
Requests for permits required by the provisions of this article
for the performance of work shall be directed in writing to the Shade
Tree Commission, Administration Building, Emerson, New Jersey.
[Amended 2-18-2003 by Ord. No. 1218; 3-16-2010 by Ord. No.
1403]
A.
Any person
found guilty of the violation of any provisions of this article shall,
upon conviction thereof by the Municipal Court of Emerson, pay a fine
as fixed by the Judge of said Court of not less than $100 and not
to exceed $500 per Borough shade tree or be imprisoned for not more
than 90 days, or both, for each offense.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
In addition to the penalties authorized by Subsection A above, the Shade Tree Commission may require that a person who removes or otherwise destroys a tree in violation of this article pay a replacement assessment to the municipality of $350 for each tree removed. The Shade Tree Commission may modify the assessment based upon the species, location or condition of the tree at the time of removal or destruction.
[Amended 2-7-2017 by Ord.
No. 1537-17; 7-16-2019 by Ord. No. 1595-19]
[Adopted 5-16-1995 by Ord. No. 1053[1]]
A.
It is the intent of this article to promote the general
welfare of the people of the Borough of Emerson by providing for the
protection, regulation, planting and cutting of trees in such a way
as to protect and preserve the environment by controlling the tree
life in the Borough of Emerson. Shade and ornamental trees must be
protected since they provide shade, beauty and grace to our Borough,
serve as essential food, shelter and breeding sites for native animal
species and protect against the adverse effects of sun, cold and wind.
Trees also act as barriers to surface water flow and soil erosion,
helping to reduce flood damage, excess sedimentation and non-point
source pollution, which, without the proper control, could become
a serious problem in the Borough.
[Amended 3-5-2002 by Ord. No. 1195]
B.
It shall further be the policy of the Borough to improve
and coordinate the plans for the protection, regulation and planting
of trees with the overall tree management and environmental plans
of the Borough in cooperation with the federal and state governments.
[Amended 3-5-2002 by Ord. No. 1195]
C.
It shall further be the policy of the Borough in implementing
this article for the protection, regulation, planting and cutting
of trees to foster, promote, create and maintain conditions under
which man and nature can thrive in harmony with each other and achieve
social, economic and technical progress for present and future generations
for the citizens of the Borough of Emerson.[1]
[1]
Editor’s Note: Former Subsection D, regarding authority
of the Shade Tree Commission, added 9-24-2002 by Ord. No. 1212, which
immediately followed this subsection, was repealed 2-7-2017 by Ord.
No. 1537-17.
D.
It shall not be the intent of this article to deny the Shade Tree
Commission any of its authority over the removal, maintenance and
planting of trees and shrubbery on Borough land or rights-of-way,
for emergent situations as set forth in the B orough's applicable
shade tree ordinances.[2]
[Added 7-16-2019 by Ord.
No. 1595-19]
A.
It is absolutely essential to our citizens to remove
pollution from our air. It takes approximately 20 mature trees to
clean the air of gases produced from vehicular traffic consuming five
gallons of gasoline. Healthy trees greatly assist in this battle against
air pollution since moist tree foliage traps dust and soot particles
until the rain washes them away.
B.
Properly planted and nurtured trees are also needed
to create sound barriers to help in the reduction of the noise level
made by vehicular traffic, trains and ultimately the noise which will
be created by the air traffic.
A.
AESTHETIC IMPROVEMENT CUT
CLEAR-CUTTING
DIAMETER BREAST HEIGHT
DRIPLINE
MANAGEMENT PLAN
PERSON
SELECTIVE CUTTING
SHADE TREE or REPLACEMENT TREE
SILVICULTURE
SLASH
SUBDIVISION
THINNING
TOPPINGS
TREE
(1)
(a)
(b)
(c)
(2)
TREE INSPECTOR
Whenever used in this article, unless a different
meaning clearly appears from the context or unless a different meaning
is stated in a definition applicable to only a portion of this article,
the following terms shall have the meanings indicated:
The removal, to the extent possible, of the minimum number
of smallest and poorest specimens of trees so as to permit land development
while retaining the maximum number of larger and better specimens
of trees.
The removal of all standing trees on a lot or portion of
a lot.
The diameter of a tree measured at a point on the tree 4
1/2 feet from ground level. This phrase may appear in this article
as the abbreviation "DBH."
[Amended 3-5-2002 by Ord. No. 1195]
A limiting line established by a series of perpendicular
drop points marking the maximum radius of the crown of an existing
tree.
[Added 3-5-2002 by Ord. No. 1195; amended 9-24-2002 by Ord. No. 1212]
The written information required in this article and containing
the proposed methods and procedures to be employed in conjunction
with a tree removal project.
Any individual, firm, copartnership, association, corporation
or developer other than the Borough and public corporation.
The removal of larger trees on an individual basis while
leaving trees of lesser size for future harvest.
A nursery-grown, certified, deciduous tree, properly balled,
marked with a durable label indicating genus, species and variety,
and satisfying the standards established for nursery stock and installation
thereof set forth by the American Association of Nurserymen.
[Added 9-24-2002 by Ord. No. 1212]
The management of any forested tract of land to ensure its
continued survival and welfare whether for commercial or noncommercial
purpose pursuant to a plan approved by the New Jersey Forest Service.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The forest debris remaining after a tree removal operation.
The division of a tract of land into two or more approved
building lots.
The removal of undesirable, competitive, diseased or damaged
trees so as to cultivate and improve the development of remaining
trees on a lot.
The uppermost 20% of a tree constituting its crown.
The term "tree" shall include:
Any living deciduous or coniferous tree having
a DBH of three inches or greater;
Any living flowering dogwood (Cornus florida)
or American holly (Ilex opaca) having a DBH of one inch or greater;
Any woody plant species listed by the State of New Jersey as
threatened or endangered at the time of application to the Land Use
Board.
[Amended 7-16-2019 by Ord. No. 1595-19]
Any species not qualifying as a tree under this
definition shall be considered a stem and shall not fall within the
purview of this article.
The Tree Inspector of the Borough of Emerson, as appointed
by the Shade Tree Commission at its annual reorganization meeting
or whenever the position is vacant.
[Added 9-24-2002 by Ord. No. 1212; amended 2-7-2017 by Ord. No. 1537-17; 7-16-2019 by Ord. No. 1595-19]
B.
"May" indicates a permissive direction; "shall" indicates
a mandatory direction.
[Amended 2-20-2001 by Ord. No. 1163; 3-5-2002 by Ord. No. 1195; 9-24-2002 by Ord. No. 1212; 4-26-2005 by Ord. No. 1280; 2-7-2017 by Ord. No. 1537-17; 7-16-2019 by Ord. No. 1595-19]
The Shade Tree Commission shall provide to the Land Use Board
review and comments on any application for development pending before
the Board where there is a tree management plan, or where the Board
feels that shade trees may be impacted by the development. Said comments
and review shall be provided on an advisory basis.
[Amended 3-5-2002 by Ord. No. 1195; 4-26-2005 by Ord. No.
1280]
The following shall be exempt from the requirements
of this article:
A.
Commercial nurseries and fruit orchards;
B.
Christmas tree plantations;
C.
Properties devoted to the practice of silviculture;
D.
Any residential lot or any lot located in a residential
zone of one acre or less in area, provided that no more than 75% of
existing trees are removed. This exemption, however, shall not apply
where the property is part of a minor or major subdivision;
E.
Removal of trees on private property which are dead, dying or diseased
or trees which have suffered severe damage or any tree or trees whose
angle of growth makes it a hazard to structures or human life, as
determined by the Tree Inspector of the Borough of Emerson or by a
tree care expert approved by the Land Use Board to do such an inspection;
[Amended 7-16-2019 by Ord. No. 1595-19]
F.
Pruning and removal of trees by utility companies
to provide for line clearance of utility wires;
G.
Approved game management practice, as recommended
by the State of New Jersey Department of Environmental Protection,
Division of Fish and Wildlife.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
H.
Although exempt from the approval and permit requirements
of this article, any projects being performed by the Borough of Emerson,
its agents or its contractors shall comply with the general intent
of the chapter and provide replacement plantings and supplemental
landscaping for any projects that require the cutting and removal
of existing trees.
[Amended 3-5-2002 by Ord. No. 1195; 9-24-2002 by Ord. No.
1212; 4-26-2005 by Ord. No. 1280; 2-7-2017 by Ord. No. 1537-17; 7-16-2019 by Ord. No. 1595-19; 2-18-2020 by Ord. No. 1607-20]
A.
Except for the exemptions set forth in this article, no tree shall
be cut or otherwise removed from any lands in the Borough of Emerson
unless a management plan as described in this article has been approved
by the Land Use Board and a permit based thereon issued by the Code
Enforcement Official of the Borough. The application for such a permit
shall indicate the name and address of the owner of the premises,
the name and address of the applicant for the permit, if other than
the owner, accompanied by the owner's consent to said application
and a description by lot and block numbers of the premises for which
the permit is sought. The form of said application shall be determined
by the Land Use Board and shall be obtainable from the Building Department.
A complete application for a tree removal permit consists of the following:
B.
In the case of a person developing his or her property as a subdivision,
site plan, planned unit development, multiresidential development
or single-family lot where fewer than six healthy trees exist on site,
said person may request an exemption from the requirement of a tree
management plan. Upon receipt of such request, the Land Use Board
shall direct the Borough's Tree Inspector, or a tree expert so
approved, to do an inspection of the property to determine which trees
are dead, dying or diseased, have suffered severe damage or whose
angle of growth make them a hazard to structures or human life. The
Tree Inspector, or tree expert so approved, shall submit his/her written
report to the Board, noting how many healthy trees exist on site by
number, up to five, or by the words "more than five." Should fewer
than six healthy trees remain, the Land Use Board may choose to exempt
the applicant from the requirements of a tree management plan. However,
all healthy trees that will remain after construction shall be appropriately
marked in a manner so designated by the Land Use Board. The Code Enforcement
Official shall be responsible for confirming that the owner/builder
has not removed the trees designated for preservation. In the event
any tree or trees are removed, the Building Department shall not issue
a certificate of occupancy until the owner/builder replants trees
to replace the trees which were illegally removed to the satisfaction
of the Code Enforcement Official and pays any fines imposed by the
municipality for violation of the chapter.
C.
A person developing his/her property as a subdivision, site plan, planned unit development, multiresidential development or single-family lot exceeding one acre in area, unless granted an exemption under Subsection B above, shall be required to submit a management plan indicating proposed locations of roads, lots, improvements and existing trees in accordance with § 266-12 of this article, such plan to be prepared by a licensed architect or professional engineer in the State of New Jersey. The proposed plan shall indicate which trees are to be removed and the trees which will remain.
D.
Ten copies of said management plan shall be submitted to the Land Use Board in accordance with § 266-12 of this article. Four copies of the plan shall also be submitted to the Shade Tree Commission at the time of submission to the Land Use Board.
E.
The developer shall submit three copies of the plan to the Borough Engineer at the time of submission to the Land Use Board to enable the Borough Engineer to make his or her recommendations to the Shade Tree Commission. The Borough Engineer shall reject the submitted plan if it fails to meet all the requirements set forth in § 266-12 of this article. The Borough Engineer may accompany the Shade Tree Commission to the site and assist the Commission in formulating its recommendations to the Land Use Board.
F.
The procedures for reviewing the submitted tree management plan shall
be the following:
(1)
The Land Use Board shall act on the application within 45 days of its acceptance by the Borough Engineer or within such additional time as is consented to by the applicant. The application and management plan shall not be accepted if they fail to meet the requirements set forth in § 266-12 of this article.
(2)
The Land Use Board shall refer the accepted management plan to the
Shade Tree Commission for its written report and recommendations.
(3)
The Land Use Board may request that members of the Shade Tree Commission
appear before the Board to answer questions regarding the report and
shall rely on the report and recommendations of the Shade Tree Commission
in reaching its decision to approve the management plan, disapprove
the management plan or approve the management plan subject to such
conditions as have been recommended by the Shade Tree Commission in
accordance with the terms of this article. Failure of the Land Use
Board to act within 45 days of the date of the application's
acceptance by the Borough Engineer or any extension thereof shall
be deemed to be an approval of the management plan and, thereafter,
the Code Enforcement Office of the Borough of Emerson shall issue
a tree removal permit based thereon.
G.
The developer, as a condition of approval from the Land Use Board,
shall be required to follow the conditions imposed by that Board.
The manner of designating the trees to be saved shall be left to the
discretion of the Borough Engineer or the Land Use Board. If at any
time after receiving approval the developer changes the road pattern,
lot layout or site improvements, then he/she shall submit a revised
tree management plan to the Land Use Board for approval.
H.
Prior to the issuance of a building permit, the developer shall designate
on each building lot the trees to be retained based upon the management
plan approved by the Land Use Board, which designation shall be based
upon the proposed location of the house or building, driveway and
other accessory uses and structures, it being understood that in that
area and within a fifteen-foot perimeter of any structure, the developer
need not designate any tree for preservation.
I.
Prior to the issuance of the certificate of occupancy, the Code Enforcement Official shall determine that all trees designated for preservation are, in fact, in existence. In the event that the developer has removed any trees designated for preservation without prior approval, or has caused any trees so designated to be harmed or destroyed due to accident, negligence or any other reason, the developer shall plant replacement trees according to the table under § 266-15D or, if the site is not suitable for such planting, shall submit a contribution in the amount of $150 per replacement tree to the Borough's Tree Planting Fund, and shall be subject to the fines and penalties set forth in § 266-19 herein. The replacement of all trees illegally moved or destroyed shall be subject to all other requirements set forth in § 266-15 herein.
J.
All action taken by the Land Use Board pertaining to a management
plan shall be in the form of a resolution to which the tree removal
permit issued by the Code Enforcement Official shall refer. Any such
tree removal permit shall be valid for the time proposed by the applicant
to complete the project; provided, however, that no permit shall be
valid for a period of more than two years from the date of approval.
The Land Use Board, upon showing of good cause by the applicant, may
recommend the extension of any such permit for an additional period
of one year, provided that the applicant submits an updated management
plan to show tree removal activities to date. Further, the Land Use
Board may require as a condition of such extension that the applicant
employ current techniques and procedures incorporated into this article
since the date of original approval.
K.
Where the Land Use Board has given approval to a subdivision or site
plan which contains, as a condition of such approval, a tree management
plan, the developer shall be responsible for the preservation of designated
trees and the planting of trees as shown on the approved plan. The
developer shall plant at least one shade tree for every 50 feet of
frontage on any proposed or existing right-of-way. All types and locations
of shade trees to be planted shall be shown on the management plan
approved by the Land Use Board and shall be planted in accordance
with the specifications for planting shade trees as provided by that
Board.
L.
Where by reason of weather, season or other circumstances it is impossible
for the developer to plant a tree in accordance with this article,
a person shall deposit in escrow with the Borough Clerk an amount
to be determined and specified by the Borough Engineer to cover the
cost of purchasing and planting a tree. No street shall be accepted
for dedication by the Borough Council until the Borough Engineer notifies
the Borough Council that the developer has complied with this article.
M.
In the case of an applicant before the Land Use Board seeking site plan approval who seeks to remove trees from a single-family lot of one acre or less in area where a tree removal permit and management plan is not required, as exempt under § 266-10 herein, the Land Use Board shall require, as a condition of any approval granted, that the applicant remove not more than 75% of the existing trees from the tract. The applicant shall be required to identify which trees shall remain after construction and shall mark such trees after the Land Use Board has approved the project. The Code Enforcement Official shall be responsible to confirm that the owner/builder has not removed or caused to be harmed or destroyed, due to accident, negligence or any other reason, any of the trees designated for preservation. In the event excessive trees are either removed, harmed or destroyed by the owner/builder, the Building Department shall not issue a certificate of occupancy until the owner/builder replaces the trees which were illegally removed, harmed and/or destroyed with trees of equal quality and size to the satisfaction of the Code Enforcement Official and pays any fines imposed by the municipality for violation of this article. The Code Enforcement Official may consult with the Borough's Shade Tree Commission regarding the replacement of any trees illegally removed, harmed or destroyed.
[Amended 3-5-2002 by Ord. No. 1195;[1] 9-24-2002 by Ord. No. 1212; 4-26-2005 by Ord. No. 1280; 2-18-2020 by Ord. No. 1607-20]
The management plan submitted in conjunction
with a tree removal permit application shall contain the following
information:
A.
A description of the premises upon which tree removal is to take
place by street address and Borough Tax Map lot and block number.
B.
The acreage of the lot upon which tree removal is to take place.
C.
A survey and map of the species and quantity of trees, setting forth
the location, species and DBH of each tree to be removed and the location,
species and DBH of each tree to be preserved. On timber harvesting
and/or silviculture projects involving more than 10 acres, the application
may make an estimate of the total quantity of trees to be removed
based on the number upon one typical acre.
D.
Specific proposals for replanting or reforestation, if applicable,
which shall include a listing of all tree species to be planted and
a map showing the proposed location and species of each tree.
F.
Location of streams and watercourses.
G.
Location of slopes greater than 10% where any tree removal is proposed.
[1]
Editor's Note: This ordinance combined former
Subsections C and D and also provided for the redesignation of former
Subsections E through H as Subsections D through G, respectively.
[Amended 4-26-2005 by Ord. No. 1280]
A.
All management plans submitted pursuant to this article
dealing with the harvesting of timber and/or silviculture shall be
based upon and be in accordance with the standards and recommendations
of the New Jersey State Forest Service pertaining to the type of tree
removal project proposed.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
The Land Use Board shall be available for informal discussions and
consultations with any applicant proposing a tree removal project
which shall be nonbinding upon either.
[Amended 7-16-2019 by Ord. No. 1595-19]
[Amended 3-5-2002 by Ord. No. 1195; 4-26-2005 by Ord. No.
1280]
The following shall be the criteria to be applied
in determining which trees may be removed:
A.
Any area to be occupied by a building, driveway, drainage
field, septic tank, recreation area (tennis courts, swimming pools
or similar facilities) may have all trees removed within 15 feet around
the perimeter of such facilities.
B.
If the area has a cut or fill deemed injurious or
dangerous to trees, the trees affected by such cut or fill may be
removed.
C.
The Shade Tree Commission's site review committee and the Code Enforcement
Official shall view the land where the tree or trees are to be removed,
as well as drainage or other physical conditions existing on subject
or adjoining property.
[Amended 2-7-2017 by Ord.
No. 1537-17; 7-16-2019 by Ord. No. 1595-19]
D.
There shall be no clear-cutting permitted on slopes of 10% or greater
in grade; however, selective cutting or thinning may be permitted
subject to the Land Use Board's approval.
[Amended 7-16-2019 by Ord. No. 1595-19]
E.
There shall be no clear-cutting permitted within major
subdivisions where the existing lots will be on one acre or less,
unless otherwise permitted.
F.
The permit shall be granted if there is a finding
that the removal and destruction will not impair the health, growth,
development or stability of remaining trees on the property of the
applicant or on adjacent properties and would not cause erosion of
soil, impair existing drainage, lessen property values in the neighborhood,
impair the aesthetic values of the area or significantly harm the
ecological health and integrity of on-site or adjacent environmentally
sensitive areas.
G.
The spirit of the provisions of this section will
be to grant permits with the understanding that it is the goal of
the governing body to maintain aesthetic values, preserve privacy
and drainage control, and protect natural resources.
[Amended 3-5-1002 by Ord. No. 1195; 9-24-2002 by Ord. No. 1212; 4-26-2005 by Ord. No. 1280; 3-16-2010 by Ord. No. 1402; 2-7-2017 by Ord. No. 1537-17; 7-16-2019 by Ord. No.
1595-19; 2-18-2020 by Ord. No. 1607-20]
A.
No soil shall be deposited or removed nor shall any building materials
be stored within the dripline or within eight feet, whichever is greater,
of any existing tree trunk.
B.
Trees shall be removed in such a manner so as not to destroy or damage the roots, trunk or branches of any adjacent trees designated for preservation. Where a tree designated for preservation is severely damaged and unable to survive, tree replacement shall occur as provided in the table under Subsection D and, if applicable, Subsection I below.
C.
All toppings and slash that are generated by the felling of individual
trees shall be removed from the site for disposal.
D.
The replacement of removed trees, with the exception of those trees exempt under § 266-10 of this article, shall occur as prescribed in the table below.
|
DBH of Tree to Be Removed
(inches)
|
Number of Replacement Trees Required
(minimum three-inch caliper)
|
|---|---|
|
Less than 6
|
1
|
|
Less than 12
|
2
|
|
Less than 18
|
3
|
|
Less than 21
|
4
|
|
Less than 24
|
5
|
|
Less than 27
|
6
|
|
Less than 30
|
7
|
|
Less than 33
|
8
|
|
Less than 36
|
10
|
|
Less than 39
|
12
|
|
Less than 42
|
14
|
|
42 or greater
|
15
|
E.
Replacement trees shall be of nursery grade quality, balled and burlapped
and at least three-inch caliper. They shall be nursery grown within
the same USDA hardiness zone as the lot or tract.
F.
The species and cultivars of replacement trees shall be determined
by the Shade Tree Commission and shall reflect careful site evaluation,
including:
(1)
Existing and proposed site conditions and their suitability for tree
species, based on geology, hydrology, soil and microclimate.
(2)
Specific functional and design objectives, including replacement
of wooded areas, enhancement of existing wooded areas, streamside
and landscape buffering, visual screening, noise abatement, energy
conservation, wildlife habitat and maximization of aesthetic values.
(3)
Maintenance considerations, such as hardiness, resistance to insects
and disease, and longevity.
(4)
Environmental considerations, such as the invasiveness of nonnative
species and the benefits of indigenous native species.
G.
The planting of all replacement trees shall be done or supervised
by a person with horticultural training in tree care and planting
methods.
H.
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 shall replace the dead
tree to the satisfaction of the Borough's Tree Inspector.
I.
Where replacement trees are required but not suitable for the particular
site due to the size of the site or other special limitations, a contribution
in the amount of $150 per replacement tree shall be submitted to the
Borough's Tree Planting Fund. The fund shall be administered
by the Borough's Shade Tree Commission solely for the purpose
of planting trees or shrubbery on Borough property and rights-of-way
and shall not be utilized for tree removal or any other purpose. The
Borough's Code Enforcement Official shall not issue a certificate
of occupancy until he/she has confirmed that the developer has submitted
all required tree replacement contributions to the Borough's
Tree Planting Fund.
[Amended 3-5-2002 by Ord. No. 1195; 4-26-2005 by Ord. No. 1280; 2-7-2017 by Ord. No. 1537-17; 7-16-2019 by Ord. No. 1595-19; 2-18-2020 by Ord. No. 1607-20]
Where a building permit has been requested from the Emerson
Building Inspector for the construction of a building requiring off-street
parking for 10 or more vehicles, then the owner or builder shall be
required to plant shade trees around the perimeter of such parking
space so that at least one shade tree is planted for every two parking
spaces abutting the perimeter, such trees having a diameter breast
height at planting time of two inches or more. The Building Inspector
shall rely on the recommendations of the Borough's Shade Tree
Commission and Tree Inspector regarding the selection, planting and
placement of suitable trees. Where the season or weather prevents
such planting, the owner or builder may deposit with the Clerk of
the Borough of Emerson a sum sufficient to guarantee the planting
of such trees. In the situation where the Land Use Board has determined
that the developer is unable to plant the minimum number of trees,
due to the size of the site or other limitations, then a contribution
in an amount equal to the prevailing cost to the Shade Tree Commission
of planting a tree shall be submitted to the Tree Planting Fund for
each tree that cannot be planted on site. All such contributions shall
be administered solely for the purpose of planting trees or shrubbery
on Borough property and rights-of-way.
[Amended 4-26-2005 by Ord. No. 1280]
There shall be a fee of $100 payable for the
processing or issuance of a tree removal permit. In addition, the
applicant shall escrow sufficient funds with the Borough Clerk for
payment of the fees of all professionals whose services are required,
including but not limited to the Borough Engineer and Borough Attorney.
There shall be no fee required where development is planned on a single-family
lot of one acre or less in area.
[Amended 3-5-2002 by Ord.
No. 1195; 4-26-2005 by Ord. No. 1280; 7-16-2019 by Ord. No. 1595-19]
A.
An applicant may appeal to the Emerson Borough Council from a decision
of the Land Use Board denying a tree removal permit or from any other
action or requirement of the Land Use Board under the terms of this
article. Said appeal shall be made within 30 days of the date upon
which notice of denial or other action of the Land Use Board is served
upon the applicant.
B.
The Borough Council shall hold a public hearing on the matter to
consider the findings of the Land Use Board and the testimony of the
applicant within 30 days after the notice of appeal has been filed
and may take one of the following actions:
(1)
Affirm the decision of the Land Use Board.
(2)
Overrule the decision of the Land Use Board and direct that a tree
removal permit be issued.
(3)
Overrule the decision of the Land Use Board denying the permit but
conditioning the issuance of said permit upon the satisfaction of
such conditions as the Borough Council shall impose.
(4)
In special circumstances and upon a showing of good cause by the
applicant, waive a requirement of this article where said waiver will
not frustrate the basic intent and purpose of this article.
[Amended 3-5-2002 by Ord. No. 1195; 2-18-2020 by Ord. No. 1607-20]
A.
Any person that shall violate the provisions of this article shall
be liable to a fine of not more than $1,500 or a penalty of imprisonment
in a county jail for a term not exceeding 90 days, or both. The illegal
removal of each tree in violation of this section shall be deemed
a separate violation carrying with it a separate fine. The judge before
whom any person is convicted of violating any of the above provisions
of this article shall have the power to impose any fee or term of
imprisonment not exceeding the maximum herein. Each and every day
such a violation continues shall be deemed a separate and distinct
offense.
B.
In addition to the fine referred to in Subsection A above, the judge may impose an additional penalty of an assessment paid to the Borough's Tree Planting Fund, based upon the DBH of any trees removed or destroyed without the prior approval of the Land Use Board. The amount owed shall be determined by multiplying $150 by the number of replacement trees prescribed in the table under § 266-15 above.
C.
In addition to the foregoing, the Borough of Emerson may institute
and maintain civil action for injunctive relief restraining the continuance
of any unlawful tree removal project. Ignorance of the existence of
this article or violation of this article through inadvertence shall
not constitute a valid defense in either a civil or criminal proceeding.
The Borough Council, through the Building Inspector
or Code Enforcement Official of the Borough, may revoke a permit where
there has been a false or misleading application or there is noncompliance
with the approval management plan.
[Amended 3-5-2002 by Ord.
No. 1195; 7-10-2012 by Ord. No. 1445; 2-7-2017 by Ord. No. 1537-17; 7-16-2019 by Ord. No. 1595-19; 2-18-2020 by Ord. No. 1607-20]
In the event that a person receives approval to remove one or
more trees from the area of the property within 10 feet of a Borough,
county or state roadway, that person may be required by the Shade
Tree Commission of the Borough of Emerson to replace that tree either
entirely at his or her expense or by entering into an agreement with
the Tree Partnership for replacement under the criteria then existing
under that program. All decisions regarding the species and planting
location of the replacement tree(s) shall rest with the Shade Tree
Commission. If it is determined that the replacement tree dies from
neglect or mistreatment, another tree shall be planted in the right-of-way
on the property at the property owner's expense.
A.
In the event that a person receives approval to remove one or more
trees from the area of the property within 10 feet of a Borough, county
or state roadway, the Shade Tree Commission shall have the authority
to plant a new tree or trees to replace the tree(s) removed. Should
that person refuse to allow the Commission to replace the tree(s)
removed, he or she shall be required to compensate the Borough for
the full cost of removal, including grinding and/or removal of the
stump. In the case where the tree is removed by the Borough's
Department of Municipal Services, the amount of compensation shall
be determined by multiplying $75 by the number of inches DBH of the
removed tree. In addition, the Commission shall have the authority
to require a payment to the Borough's Tree Planting Fund, equivalent
to the prevailing cost of planting a new tree.
B.
All decisions regarding the species and planting location of the
replacement tree(s) shall rest with the Shade Tree Commission. If
it is determined that the replacement tree dies from neglect or mistreatment,
another tree shall be planted in the right-of-way on the property
at the property owner's expense.
The various parts of this article, including
articles, sections, sentences, clauses, phrases and words, are severable;
and if any part is held to be unconstitutional or invalid, such decision
shall not affect the remaining portions of this article.
