[HISTORY: Adopted by the Mayor and Council
of the Borough of North Haledon 8-11-1982 by Ord. No. 8-1982 (Ch.
164 of the 1990 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 455.
[Amended 8-19-2009 by Ord. No. 23-2009]
The purpose of this chapter is to control and
regulate indiscriminate and/or excessive removal, cutting and/or destruction
of trees and to control, regulate and/or prevent conditions which
cause increased surface drainage, sedimentation and/or soil erosion,
cause decreased soil fertility and/or impair the stability and/or
value of real estate, all of which conditions are and will in the
future be a deterrent to public safety, health and welfare.
As used in this chapter, the following terms
shall have the meanings indicated:
A tree removal plan or forestry management plan which has
been approved by the Planning Board, Board of Adjustment, Construction
Official or other Borough agency provided for in this chapter.
Schools, churches, clubs, lodges or any such building used
by any organized group or by the public generally.
A plan of forestry management prepared by the New Jersey
Bureau of Forest Management or a consultant forester who is a graduate
of a school of forestry accredited by the Society of American Foresters.
Trees recommended by the Bureau of Forest Management as best
adapted to the climate, soil and topography of the Borough of North
Haledon. A list of such trees shall be kept on file for the use and
guidance of persons presenting plans for tree planting.
Any woody perennial plant having a diameter greater than
four inches, measured at a point 4 1/2 feet above the ground,
diameter at breast height.
A tract of woodland, 10 acres or more, dedicated by its owner
to the growing and harvesting of forest crops and certified by the
American Tree Farm System through the New Jersey Tree Farm Committee.
A plan of tree removal and/or planting prepared by the New
Jersey Bureau of Forest Management, a forestry consultant who is a
graduate of a forestry school accredited by the Society of American
Foresters, a landscape architect or similarly qualified person. On
property of less than four acres, this plan may be prepared by the
property owner.
No person shall cut or remove any tree upon
any land within the Borough of North Haledon unless such removal is
done in accordance with the regulations and provisions of this chapter.
A.
A tree removal plan shall be filed with every application before the Planning Board or Board of Adjustment for approval of a subdivision, resubdivision, site plan, conditional use or zoning variance or prior to any other development requiring tree removal or planting, except as otherwise provided in this section or § 570-5.
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. Nothing in this requirement shall abrogate any
vested subdivision rights acquired by preliminary approval.
C.
When final approval of a subdivision, resubdivision
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. Nothing
in this requirement shall abrogate any vested subdivision rights acquired
by final approval.
D.
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 approved plan through the operation of Subsection A above, the owner must develop the lot in compliance with said approved plan.
E.
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 approved plan through the operation of Subsection A above, the owner must submit a tree removal plan for approval. Plans for lots of less than one acre must be submitted to the Construction Official. All others must be submitted to the Planning Board.
F.
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 Official a tree removal plan
and obtains approval thereof or submits a plan previously approved
by the Board.
G.
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 approval 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. Posting of a bond may be waived for applicants applying to the Construction Official under Subsection E above.
H.
A forestry management plan or tree removal plan shall
be filed with the Planning Board for removal of more than five trees
per year on tracts in excess of two acres or more than 10 trees per
acre on tracts in excess of five acres.
Under this section, the following trees may
be removed without filing a plan:
A.
Any tree located on a tract of land up to one acre
in size on which a single-family residence has already been erected
and for which a valid certificate of occupancy has been issued. The
tree removal must be authorized by the owner, in writing, if done
by someone other than the owner.
B.
Any tree which is part of a nursery, garden or orchard,
provided that the subject area is being actively used as a commercial
nursery, garden or orchard and is not a component part of a subdivision
or development for building purposes.
C.
Any tree which is part of a cemetery.
D.
Trees directed to be removed by municipal, county
or state authority pursuant to law.
E.
Any dead or diseased tree or any tree that endangers
life or property.
F.
Trees cut as part of the operation of a tree farm,
according to a forestry management plan. Owners of property subject
to such a program must file with the Planning Board so stating, signed
by the forester developing the plan.
G.
Trees removed in the development of ponds or lakes
when supervised by the Natural Resources Conservation Service and/or
the Federal or State Forestry Service. Owners of property subject
to such a program must file with the Planning Board a letter so stating,
signed by the appropriate supervising agency.[1]
H.
Trees removed in conjunction with the clearing of
land which is actively devoted to agricultural and horticultural uses.
Every plan submitted for approval shall be in
the form of a map and exhibits showing:
A.
The Tax Map, lot and block number.
B.
The area of the tract.
C.
The location of trees or wooded area.
D.
The number of trees or percent of stocking (trees
per acre).
E.
The species involved.
F.
The general slope and topography, taken from a recognized
map of such features.
G.
The location of streams and wetlands.
H.
A map of locations and surrounding properties showing
wooded areas.
I.
A list of trees to be planted, preferably selected
from preferred species.
J.
A tree removal plan and tree planting plan in relation
to principal and accessory buildings and septic systems, roads and
driveways, parking lots, garden areas, etc., showing also the relation
to survey stakes.
K.
The location of buildings.
L.
The location of roads, driveways, parking lots, staging
areas, recreation areas and garden areas.
M.
A grading plan.
N.
A schedule for tree removal and planting.
O.
A provision for removal of excess stumps and branches
from the property.
Every forestry management plan submitted for
approval shall include the following:
A.
The Tax Map, lot and block number.
B.
The area of the tract.
C.
The location of trees or wooded area.
D.
The species involved.
E.
A map showing number of trees to be harvested, locations
of proposed loading dock, staging areas, area to be harvested and
streams with crossings.
F.
A schedule for tree removal and planting.
A.
Trees on a proposed building site or within 30 feet
around a building site may be removed but not to exceed sideline and
setback requirements.
B.
Trees may be removed where the proposed paved portion of a parking area is planned. In off-street parking areas, other than for a single residential dwelling, islands of trees must be left in the manner provided for by Chapter 530, Subdivision of Land. No paving of any impervious nature shall be placed around the base of the trunk of the tree within 10 feet, and the grade shall be such that drainage of rainwater will keep the root area watered without pooling or exceeding the requirements of the species. Excess water shall be admitted to dry wells or storm sewers on the parking lot or drained by acceptable means.
C.
Trees may be removed in private rights-of-way and
driveways within 10 feet of each side of the planned paved area. Alignment
of the driveways should be planned to save as many trees as possible.
D.
If no area other than a wooded area or area with trees
can be found to accommodate the sewerage system and disposal field
meeting the approval of the Sanitary Inspector, necessary tree removal
shall be permitted.
E.
Where more than three inches of fill is required around
trees, the trees must be protected by an air well six feet in diameter
or as needed around the trunk to prevent the intrusion of soil. Tile
pipe must radiate like spokes from the well to provide oxygen to the
roots. The top of the well must extend six inches above the graded
level. If the tree is of a species that will eventually die due to
root disturbance or change in drainage or the owner prefers to remove
the tree, it may be removed and replaced with another tree from the
preferred trees in another or the same area after the fill has stabilized.
F.
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. Any tree damaged must be
replaced.
G.
Any tree used in a required planting or to replace
a damaged tree must be at least 2 1/2 inches in diameter measured
4 1/2 feet from the ground (diameter at breast height) and must
be nursery stock, balled and burlaped.
I.
Commercial development, industrial development and
other development approved by the Borough Council shall consider the
use of treeless areas, if possible, for building sites. If it is necessary
to develop wooded areas or remove trees for proposed building sites
in the case of such developments, the Planning Board and/or Construction
Official may require tree planting in treeless areas, if feasible.
J.
Trees in the area between the street line and the
setback line of the buildings shall be preserved to the greatest extent
possible.
K.
Tree removal from any slope or environmentally sensitive
area is prohibited if it will contribute, in the opinion of the Planning
Board, the Construction Official or the Borough Engineer, to extra
runoff of surface water onto adjoining property and erosion and silting,
unless other means approved by the Passaic County Soil Conservation
District are provided to prevent runoff and erosion.
L.
No tree removal is permitted that will expose vacant
land, backs of existing billboards, utility substations, transmission
towers, warehouses, junkyards, landfill operations and other similar
structures or operations, except where trees are dead or diseased
and/or endanger life or property. However, vacant land may be exposed
if it is necessary to remove trees for building sites or sewerage
sites and more aesthetic values are established.
M.
No healthy tree that is special by virtue of history,
unusual size or age or of a rare species shall be removed, except
as may be required for the protection of health, safety or public
welfare.
N.
No trees on public rights-of-way, parks or public
areas are to be removed by private individuals or utilities, except
as approved by the Construction Official or other officer designated
by the Council. The removal of trees shall not be permitted from the
Master Plan road right-of-way unless trees are dead or diseased or
endanger life or property or a letter of approval is obtained from
the Borough Council or Borough Engineer.
O.
Trees may be removed to clear for soil removal or
landfill, provided that the same amount of wooded area or the same
number of trees are replaced according to an approved plan. If the
finished operation is planned to be used for other development, the
replacement of trees shall be a part of the subdivision plan or a
site plan submitted for approval by the Planning Board.
P.
Unless proven necessary, staging areas shall not be
closer than 150 feet to any public road center. "Necessary" means
that no other area is available due to topography, soil conditions
or unfavorable effect on the woodlot as certified by the consulting
forester. Loading of trucks is permitted at the roadside, and a loading
area must be constructed off the roadway where possible. After the
cutting operation is complete, any road modifications and changes
in the right-of-way must be restored.
A.
No permits are required in connection with obtaining
an approved plan.
B.
All applicants for an approved tree removal plan shall pay the applicable fees to the Borough Clerk, as provided in Chapter 275, Fees.
[Amended 5-9-1990 by Ord. No. 5-1990]
C.
The owner or applicant shall reimburse the Borough
for all costs of expert advice and technical assistance obtained in
connection with this application for an approved plan which may exceed
the fee schedule.
A.
The Borough Engineer shall be the enforcing officer
for all plans approved by the Planning Board or the Board of Adjustment.
B.
The Construction Official shall be the approving and enforcing officer for all plans approved under § 570-4E, in conjunction with the Bureau of Forest Management.
C.
The Construction Official or the Borough Engineer
may, on his/her own initiative or on complaint of any individual,
take action to assure compliance with this chapter.
D.
The Construction Official or the Borough Engineer
have approved authority as herein provided and may request expert
assistance.
Any person aggrieved by the decision of any
officer, board or body may, pursuant to the provisions of this chapter,
within 10 days of receipt of such decision, appeal to the Borough
Council. Such appeal shall be taken by filing a written notice of
appeal with the Borough Clerk, which notice of appeal shall set forth
with particularity the action appealed from. The Borough Council shall
set a time for the hearing of said appeal and, after a hearing has
been held thereon, may reverse, modify or affirm the decision appealed
from.
[Amended 5-9-1990 by Ord. No. 5-1990[1]]
