The Mayor and Council of the Borough do herein decide and find that the indiscriminate, uncontrolled and excess destruction, removal and cutting of trees upon lots and tracts of land within the Borough have resulted in creating increased Borough costs for control of drainage and, further, have caused increased soil erosion, decreased fertility of soil and increased dust, which have deteriorated property values and, further, have rendered the land unfit and unsuitable for its more appropriate use. The result has been and will be in the future a deterioration of conditions affecting the health, safety and general well-being of the inhabitants of the Borough and has caused the passage of this chapter to regulate and control the indiscriminate and excessive cutting of trees in the Borough.
[HISTORY: Adopted by the Mayor and Council of the Borough of Wharton as indicated in article histories. Amendments noted where applicable.]
[HISTORY: Adopted by the Mayor and Council of the Borough of Wharton (Ch. XVI of the Revised General Ordinances). Amendments noted where applicable.]
The intent and purpose of this chapter is to preserve coniferous and deciduous trees, flowering trees and shrubs growing in a natural state within this Borough.
As used in this chapter, the following terms shall have the meanings indicated:
A parcel of land upon which a dwelling house has been or, in accordance with the zone code or a variance, may be erected.
A plan for the management of timbered or forested lands developed by the New Jersey Department of Environmental Protection Bureau of Forestry or a similar state or federal agency or the Housing and Zoning Officer.
Only such land within the Borough used for horticultural purposes under controlled agricultural conditions.
Any street or road shown upon a map or plan filed in the Morris County Clerk's office or on the Official Map of the Borough.
Mountain laurel (Kalmia latifolia) having a root crown of three inches or greater measured at the soil or surface level.
A woody perennial plant, typically having a single stem or trunk growing to a considerable height and bearing lateral branches at some distance from the ground.
[Amended 10-21-2024 by Ord. No. O-19-24]
A.
Required. No person shall remove or destroy or cause to be removed or destroyed any tree or shrub growing in the Borough without having obtained a permit as provided in this section.
B.
Application for permit with building permit.
(1)
Plot plan required. Upon application for a building permit for any construction which would cause the removal or destruction, wholly or partially, of any tree or shrub, the applicant shall indicate upon a plot plan which shall accompany such application the location of all trees and shrubs and shall designate which trees, if any, are to be removed or destroyed.
(2)
Review by Environmental Commission. A copy of such plot plan shall be filed by the applicant with the Housing and Zoning Officer and the Wharton Borough Environmental Commission, which shall review the same and notify the Housing and Zoning Officer of its recommendations.
C.
Application for permit without building permit.
(1)
Application contents. An application for a permit for the removal or destruction of trees or shrubs as required under this chapter, where a building permit is not immediately involved, shall be made directly to the Housing and Zoning Officer and shall contain the name of the applicant, location of the property and the lot plan as provided in Subsection B and, in addition thereto, the purposes for which the application is being made, including but not limited to the following:
(a)
Clearing of land for agricultural use.
(b)
Harvesting timber.
(c)
Fire protection.
(d)
Industrial use.
(e)
Private parks.
(f)
Scenic improvement.
(g)
Hardship or danger to adjacent properties.
(h)
Removal of diseased or damaged trees.
(i)
Transplanting or removal, in a growing condition, to other locations.
(j)
Installation of utilities.
(k)
Drainage of surface water.
(2)
Housing and Zoning Officer to grant or deny permits. A copy of the plot plan shall be filed with the Environmental Commission, which shall act upon the application as stated in Subsection B within 15 days of the date of receipt and, if the Commission shall not have acted upon the application within such period, the Housing and Zoning Officer may grant or deny a permit without further delay.
D.
Standards prior to issuance of permit.
(1)
Inspection by Housing and Zoning Officer. Prior to the issuance of a permit by the Housing and Zoning Officer, the lands covered by each application shall be viewed by the Housing and Zoning Officer, who shall inspect the same as to the trees and shrubs which are the subject of the application as well as the drainage and other physical conditions existing on the property and adjacent property.
(2)
Conditions for issuance of permit.
(a)
Conditions. The Housing and Zoning Officer shall issue the permit upon finding that the destruction or removal to be permitted would not:
(b)
Authority of Housing and Zoning Officer. The Housing and Zoning Officer shall have the authority to affix reasonable conditions to the grant of a permit hereunder.
No material or temporary soil deposits shall be placed within six feet of any tree or shrub.
Excepted from this chapter shall be such trees as set forth in the following subsections.
A.
Tree for firewood. Any tree to be cut for use solely for firewood by the owner shall be excepted, provided that this exception shall not apply to any tree to be cut in connection with the issuance of any permit for soil disturbance or building.
B.
Dangerous tree. Any dead, diseased or other tree that is likely to endanger life or property shall be excepted.
C.
Limited number of trees. If the applicant discloses that no more than five trees in excess of the size referred to aforesaid in this chapter are to be removed, cut or destroyed or have been cut, removed or destroyed from any lot or tract of land identified in the application, then and in that event the duly appointed officer may issue a permit for the removal of such tree or trees.
D.
Horticultural purposes. Any tree growing on land actually being used as a nursery, garden center, tree farm or orchard shall be excepted.
E.
Surface mining. Any tree growing on land being used for surface mining shall be excepted.
F.
Public right-of-way. Any tree growing on a public right-of-way shall be excepted.
G.
Management plan. Any tree cut or removed in accordance with a management plan shall be excepted.
Appeals from decisions under this chapter may be made to the Borough Council in writing within 10 days from the date of such decision. Such appeal shall be by written notice to the Borough Clerk. The applicant shall be entitled to a hearing before the Mayor and Council of the Borough within 30 days from the date of appeal. The Borough Council may thereafter reverse, modify or affirm the aforesaid decision.
Activities conducted under a permit pursuant to this chapter shall be open to inspection at any time by any agency or agent of the Borough.
[Adopted 9-9-2024 by Ord. No. O-16-24[1]]
[1]
Editor's Note: This ordinance also retitled the chapter from "Trees" to "Trees and Vegetation."
This article is adopted to control the planting, growing, maintaining and/or cultivating of bamboo and/or other noxious and/or invasive plants in the Borough of Wharton and to require barriers to prevent the spread of existing bamboo and/or other noxious and/or invasive plants into other areas of the Borough. Bamboo is deemed to be an invasive plant.
As used in this article, the following terms shall have the meanings indicated:
Invasive and/or noxious plants are perennial weeds and plants, such as those not only reproduced by seed but also spread by underground roots, stems, and other highly reproductive parts, and which, when well established are highly destructive and difficult to control by ordinary good cultural practices. Examples include but are not limited to bamboo (spreading or running type), ragweed, multiflora rose, kudzuvine, poison ivy, poison oak, and poison sumac.
The Housing and Zoning Officer shall enforce the provisions of this chapter, along with the Administrator, the Assistant Administrator, the Director of Public Works and any other agent, officer or employee of the Borough as may be designated by the administration of the Borough.
Subject to certain exemptions set forth in this article, no persons, residents, citizens, property owners and/or tenants of the Borough shall plant, cultivate, or cause to grow, any bamboo or other invasive and/or noxious plants on any lot and/or parcel of ground anywhere within the geographic boundaries of the Borough of Wharton, except for:
A.
Where the root system of such plants is entirely contained within an above ground level planter, barrel, or other vessel of such design, material and location as to entirely prevent the spread of growth of the plants' root system beyond the container in which it is planted; and
B.
Whether planted or growing in a container, as described herein, all plants shall be located, trimmed and maintained so that no part of the plant shall be closer than 10 feet from any property line.
This article shall not apply to any landowner or tenant in possession of said land who, prior to the effective date of this article, has any bamboo or other invasive and/or noxious plants on any property within the Borough's limits. Notwithstanding the foregoing, no portions of such bamboo or other invasive and/or noxious plants shall be allowed to grow upon, extend roots across, or extend branches, stalks or leaves over any public way or onto any private property. If such occurs, the provisions of § 297-16 shall apply.
Whenever a complaint is received by the Housing and Zoning Officer regarding the encroachment of any bamboo plant or root and/or the encroachment of any other invasive and/or noxious plants, or whenever the Borough, on its own observations and inspections, determines that there is an encroachment of bamboo plants or roots and/or the encroachment of any other invasive and/or noxious plants on the property of another landowner, or tenant in possession of the property, or both, the Borough shall cause notice to be served and the following actions to occur:
A.
The notice shall be mailed by certified mail, return receipt requested, properly addressed and with sufficient postage, and also by first-class mail. Notice by certified mail shall be deemed complete on the date of personal delivery, or the date the certified mail is marked refused or unclaimed or otherwise undeliverable by the United States Post Office. First-class mail shall be deemed delivered within five calendar days of its being mailed by the Borough.
B.
The notice shall specify the nature of the violation(s).
C.
The notice shall state that the violation(s) must be corrected within 10 calendar days from the date of the received or returned mailing.
D.
The notice shall state specifically what must be done by the responsible party to correct the violation(s).
B.
If the violation is not remedied within the time set forth in the aforesaid notice, the Borough is hereby authorized to remove or have removed any encroaching bamboo and/or any other invasive and/or noxious plants and to take all reasonable steps to eradicate the re-growth of the bamboo and/or of any other invasive and/or noxious plants on the public rights-of-way, including sidewalks, and to restore such land to its normal condition were such violation(s) not in existence.
C.
The cost of the corrective action together with any civil penalties, legal fees and other costs shall be recoverable from the responsible party.
All ordinances of the Borough of Wharton which are inconsistent with the provisions of this article are hereby repealed to the extent of such inconsistencies.
If any section, subsection, clause or phrase of this article is for any reason held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the remaining portions of this article.
This article shall take effect immediately upon final passage, approval and publication as required by law.