[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:
APPROVED PLAN
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.
COMMUNITY BUILDINGS
Schools, churches, clubs, lodges or any such building used
by any organized group or by the public generally.
FORESTRY MANAGEMENT PLAN
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.
PREFERRED TREES
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.
TREE
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.
TREE FARM
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.
TREE REMOVAL PLAN
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.
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.
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.
C. The location of trees or wooded area.
D. The number of trees or percent of stocking (trees
per acre).
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.
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.
C. The location of trees or wooded area.
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.
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]
Any person violating any of the provisions of this chapter shall be punishable as provided in Chapter
1, General Provisions, Article
II, General Penalty. If the violation is of a continuing nature, each day which it continues shall constitute an additional, separate and distinct offense.