[Ord. No. 672 § 1]
Any owner, person, firm or corporation erecting and constructing any new building or buildings in the Borough shall provide, as detailed further in this section for the planting of shade trees in the area of the street right-of-way abutting the property on which such new construction is located. One tree is required for every 50 feet of frontage of the property unless the Shade Tree Commission of the Borough shall grant a waiver of such planting in writing.
[Ord. No. 672 § 2]
The Shade Tree Commission shall grant a waiver only if there are trees growing along such right-of-way or on the abutting property near the street property line which are in compliance with the specifications of the Shade Tree Commission.
[Ord. No. 672 § 3; Ord. No. 30-2000 § 1]
The Shade Tree Commission shall be responsible for planting all new trees required by this section, for maintaining their growth and survival, and for maintaining those trees used in accordance with Subsection 20-1.2. The Shade Tree Commission shall serve in an advisory capacity to assist the Planning Board or Board of Adjustment in regard to the review of landscaping plans and in regard to review of tree preservation plan. The Shade Tree Commission may recommend to the Planning Board or Board of Adjustment to utilize the services of a certified tree expert or certified arborist to review a specific landscaping plan.
[Ord. No. 760 § 1; Ord. No. 760-A § 1; Ord. No. 760-B § 1; Ord. No. 760-C § 1; Ord. No. 760-D § 1; Ord. No. 760-E § 1; Ord. No. 760-F § 1; Ord. No. 760-G § 1; Ord. No. 760-H § 1; Ord. No. 760-I § 1; Ord. No. 760-J § 1; Ord. No. 11-2000 § 1; Ord. No. 24-2001]
The owner, person, firm or corporation engaged in new construction shall provide the necessary funds for all new plantings and shall deposit the sum of $295 per tree with the Shade Tree Commission to cover the cost of such trees. Ten dollars of the aforesaid amount shall be placed in a replacement fund for use when such trees die. This deposit shall be increased or decreased depending upon the actual cost of the trees at the time of their purchase by the Shade Tree Commission. Ten dollars of the aforesaid amount shall be used to cover the cost of inspection, fertilization, pruning, and other related maintenance during the first year of planting.
[Ord. No. 672 § 5]
The Planning Board shall not approve any subdivision or any site plan application, nor shall a building permit be issued for any building, until a certified check, payable to the Borough of Ramsey, has been deposited in the Shade Tree Fund to cover the cost of shade tree planting required herein.
[Ord. No. 672 § 6]
The unused portion of any deposit shall be refunded to the depositor if, for any reason, fewer trees are planted than originally specified, and provided the Shade Tree Commission approves of the refund.
[Ord. No. 672 § 7; Ord. No. 1268 § 5]
[Ord. No. 753, Preamble]
The Borough Council has determined that property in the Borough is being paved with impervious materials such as asphalt, concrete, etc. for roadways, aisles and parking lots and being developed with various buildings, as a result of which, greatly increased surface water runoff reaches brooks, streams, drainage pipes and channels in the Borough and beyond its borders which drainage facilities may not have the capacity to carry such increased waters, thus resulting in flooding, the erosion of land and the destruction of property both within and beyond the borders of the Borough, and the Borough Council has determined that paved areas for roads, parking lots, etc. tend to increase temperatures artificially during hot weather creating problems of health and discomfort. The Borough has a major state highway, Route 17, as well as many major traveled county and Borough roads which are heavily traveled by automobiles, and the Borough has within its borders many office buildings, shopping centers, commercial buildings, religious and educational institutions all of which generate significant amounts of automobile traffic and create police, traffic, pollution, drainage and property maintenance problems. The Borough Council has determined that properly stabilized and well designed ground areas with plantings will help to alleviate the aforementioned problems and also help to provide proper sight areas in and about public and private highways and parking lots. The Borough Council has determined that nonresidential uses that are located close to property used for residential purposes create problems of noise, loss of privacy, litter and drainage. The Borough Council has determined it necessary and advisable to take action to alleviate the conditions heretofore stated, and has determined that requiring planted areas will help provide for the general health and welfare of the residents of the Borough.
[Ord. No. 704-A; Ord. No. 753 § 2; Ord. No. 753-B § 1]
Where site plan approval is not required due to a change in ownership or occupancy of commercial properties, the new property owner is subject to the provisions of this section. The property owner is responsible for maintaining landscaping existing at the time of change in ownership or occupancy. If the subject landscaping is, in the opinion of the Shade Tree Commission, substandard due to neglect or improper maintenance by the previous owner, then a new landscaping plan shall be submitted to the Shade Tree Commission following the requirements set forth in this section.
[Ord. No. 704-A; Ord. No. 753 § 3; Ord. No. 753-A § 1; Ord. No. 30-2000 § 2]
The property owner or applicant at the same time he submits a site plan to the Planning Board shall submit a landscaping plan, in triplicate, to the Borough Clerk's Office for approval by the Shade Tree Commission. The landscaping plan shall be submitted 10 days prior to the regular monthly meeting date of the Shade Tree Commission in order for the matter to be placed on the Commission's agenda for that month. The landscaping plan shall comply with the provisions of this section and with the regulations and ordinances of the Shade Tree Commission and in accordance with Subsection 31-1.9g.
[Ord. No. 704-A; Ord. No. 753 § 4; Ord. No. 30-2000 § 2]
Landscaping plan. The landscaping plan shall be prepared and signed by a landscape architect, professional engineer, or nurseryman, except that the Shade Tree Commission may, in its discretion, waive this requirement. The landscaping plan shall be drawn to a scale not exceeding one inch equals 30 feet.
Tree preservation plan. The property owner or applicant at the same time an application is submitted for subdivision or site plan approval to the Planning Board or Board of Adjustment, shall submit 24 copies of a tree preservation plan to the Ramsey Planning Board who in turn shall submit appropriate copies for review and advice from the Ramsey Shade Tree Commission. The tree preservation plan shall be submitted as part of the initial application made to the Planning Board or Board of Adjustment.
All trees four inches in caliper as measured four feet from the lowest ground elevation. All of these trees are to be numbered and said numbers are to be shown on the plan;
Snow fencing or orange construction fencing is to be shown on the plan. No snow fencing or orange construction fencing shall be attached to trees, but rather shall be staked three feet from trees that are four inches in caliper to 18 inches in caliper and staked six feet from trees that are 18 inches in caliper and over.
Notation on plan to indicate that fencing is to be installed along limit of disturbance and fencing will remain in place until completion of construction.
Notation on plan to show that sequentially numbered plastic disks are to be attached to trees using one-inch long steel nails with disks to be nailed to trees at eye height;
Notation to be made to plan that disks and nails are to be removed after issuance of certificate of occupancy;
Notation on plans to indicate that areas identified as "no disturbance" are to be preserved in their natural condition and no storage of any type of materials shall be permitted in these areas.
[Ord. No. 753 § 5; Ord. No. 753C § 1; Ord. No. 30-2000 § 3]
The landscaping plan shall contain the following information:
The dimensions and square foot area of the lot(s);
The location and dimensions of all existing buildings, structures, driveways, parking areas and planted areas to remain on the lot(s); and elevation drawing shall be submitted for all buildings and structures;
The location and dimensions of all existing buildings, structures, driveways, parking areas and planted areas to be removed from the lot(s); and elevation drawing shall be submitted for all buildings and structures;
The location and dimensions of all proposed buildings, structures, driveways, parking areas and planted areas on the lot(s); an elevation drawing shall be submitted for all buildings and structures;
The location of any existing trees or groups of trees on the lot(s), that are in excess of four inches in diameter as measured four feet from the lowest ground level, and the species or type of tree, together with a statement of what trees, if any, are proposed to be removed, or will have to be removed by reason of change in grade, or for any other reason to construct the project proposed;
The existing and proposed topography of the lot(s) at two-foot intervals;
The locations, quantities, sizes and species of all proposed shade trees, ornamental trees, shrubbery, plants and grass to be planted on the lot(s); such materials shall comprise the planted area(s);
The dimensions and square foot of any proposed planted area(s) on the lot(s);
The percentage of square feet devoted to proposed planted area(s) in relation to the number of square feet comprising the lot(s);
The location and dimensions of all existing and proposed air conditioning units, dumpsters and transformers and the proposed landscaping treatment of same.
[Ord. No. 753 §§ 6, 7 and 8]
The landscaping plan when approved by the Shade Tree Commission shall constitute the landscaping, screening and planting requirements of the property owner or applicant.
The property owner or applicant shall provide planted areas or a combination of planted areas and areas left in their natural wooded state amounting to not less than 15% of the total square foot area of the lot(s) and shall provide the shade trees, ornamental trees, shrubbery, plants and grass required by the Shade Tree Commission. The location of the planted areas shall be subject to the approval of the Shade Tree Commission.
No person, property owner, applicant, lessee, occupant or other legal entity shall reduce, eliminate or alter the contents of any planted area(s) as shown on an approved landscaping plan without first obtaining approval to do so from the Shade Tree Commission. Any such party, however, may replace any shade trees, ornamental trees, shrubbery, plants and grass that have died or become diseased provided such replacement, the replacement material and the installation have been approved by the Shade Tree Commission.
[Ord. No. 753 § 9]
The property owner or applicant shall maintain in a clean and presentable manner, without litter and with live materials in a healthy, disease free condition, every planted area as shown on an approved landscaping plan. Such maintenance may include cultivating, spraying, fertilizing, weeding, pruning and watering. Lawns shall be maintained so that the length of grass and weeds, if any, does not exceed six inches. In the event the maintenance is not completed within 15 days from the date of a written notice sent to the property owner or applicant by the Shade Tree Commission by certified mail, return receipt requested, then the Borough may hire a private contractor to perform such maintenance. The cost of such maintenance, which shall include labor and materials, shall be charged to the property owner or applicant and, if not paid within 30 days, shall be certified to the Borough Tax Collector and shall become a municipal lien against the property.
[Ord. No. 753 § 10]
The property owner or applicant shall replace all shade trees, ornamental trees, shrubbery, plants and grass planted pursuant to the landscaping plan that die or become diseased within 30 days after the season permits, provided that such person has been sent written notice by certified mail, return receipt requested, by the Shade Tree Commission giving such person at least 10 days notice of such replacement request. In the event such replacement is not completed within the aforementioned time, then the Borough may hire a private contractor to perform such replacement. The cost of such replacement, which shall include labor and materials, shall be charged to the property owner or applicant and, if not paid within 30 days, shall be certified to the Borough Tax Collector and shall become a municipal lien against the property.
[Ord. No. 753 § 11]
The Planning Board of the Borough shall not approve a subdivision or a site plan application, nor shall a building permit be issued for a building until a certified check, payable to the Borough of Ramsey, has been deposited in the Shade Tree Trust Fund or a bond has been posted to cover the cost of the shade trees, ornamental trees, shrubbery, plants and grass required by the Shade Tree Commission. The amount of such check or bond shall be determined by the Shade Tree Commission.
[Ord. No. 753 § 12; Ord. No. 30-2000 § 4]
A certificate of occupancy shall not be issued for a building until completion of the landscaping plan as approved by the Shade Tree Commission, except that if inclement weather has prevented completion of the landscaping plan, a certificate of occupancy may be issued provided that the certified check or bond submitted pursuant to Subsection 20-2.9 hereof is converted to cash and deposited with the Planning Board. In the event that the certified check or bond is converted to cash and the landscaping plan is not completed by the date set by the Shade Tree Commission, the Shade Tree Commission, after 10 days' written notice to the property owners or applicant may, through its employees, agents or contractors, enter upon the property and do everything necessary to complete the work set forth on the landscaping plan and deduct the cost thereof from the cash deposit.
[Ord. No. 753 § 13]
Any sums deposited with the Shade Tree Commission pursuant to Subsection 20-2.10 shall be placed in an interest-bearing account and such funds shall be used only for the purposes expressed therein.
[Ord. No. 753 § B1]
Planting notice shall be given to a member of the Shade Tree Commission three days prior to the start of planting in order that the Shade Tree Commission may inspect the stock for variety, condition, size and quality. All work shall be subject to the approval of the Shade Tree Commission.
[Ord. No. 753 § B2]
All plantings shall be at least the maximum plant diameter from the foundation, wall, or fence, but not less than three feet therefrom. Varieties shall be selected and specified as appropriate to the sun and wind exposures and shall be suitable in mature size to the location to be planted. Plants shall be planted upright and faced in a direction so as to give the best appearance or relationship to adjacent areas.
[Ord. No. 753 § B3]
Pits for trees and shrubs shall be at least two feet greater than the diameter of the ball or spread of roots, except where architectural elements limit this diameter.
[Ord. No. 753 § B4]
Soil used in planting pits and beds shall be four inches of topsoil. Very poor soils, gravel, hardpan, or other soils injurious to plants shall not be used.
[Ord. No. 753 § B5]
All bed areas are to be mulched to a depth of three inches with an approved mulch.
[Ord. No. 753 § B6]
Trees shall be supported immediately after planting. All trees shall be guyed and wrapped. Wires shall be encased in hose to prevent contact with bark of tree and shall be placed around trunk in a single loop. Wires shall be tightened and kept taut by twisting strands together.
[Ord. No. 753 § B7]
Property shall be left in a neat and orderly condition.
[Ord. No. 753 § B8]
Topsoil shall be natural, friable, fertile, productive soil of a good clay loam type. It shall be free of stones over one inch in size, sticks, clods, without admixture of subsoil or other foreign matter. It shall not be worked when in a muddy or wet condition.
[Ord. No. 753 § B9]
Commercial fertilizer shall be complete fertilizer and shall be a standard product complying with State and Federal Fertilizer Laws.
[Ord. No. 753 § B10]
Planting material shall conform to the American Association of Nurserymen's Standards for Nursery Stock relative to quality control, unless specifically amended by the Shade Tree Commission.
[Ord. No. 753 § B11; Ord. No. 30-2000 § 5]
Mulch shall be of an organic origin, such as Right Dress, wood chip, bark chip, or other approved material. No stones are permitted.
[Ord. No. 752 § B12]
Substitutions may be permitted upon written approval of the Shade Tree Commission.
[Ord. No. 753 § C; Ord. No. 753-B § 3]
[Ord. No. 1045B, Preamble]
The governing body of the Borough of Ramsey does herein decide and find that the indiscriminate, uncontrolled and excessive destruction, removal and cutting of trees upon lots and tracts of land within the Borough will result in increased municipal costs to control drainage, can cause increased soil erosion, decrease fertility of soil and deterioration of Ramsey's residential character and a reduction of property values and, if uncontrolled, would result in a future deterioration of conditions affecting the health, safety, and general well-being of the citizens of the Borough.
[Ord. No. 1045B § 1; Ord. No. 30-2000 § 6]
As used in this section:
- The removal of substantially all trees from a lot.
- A line connecting the tips of the outermost branches of a tree projected vertically onto the ground.
- ENDANGERED SPECIES
- Any species of tree threatened with extinction including, but not limited to, species of trees so noted in state and/or national registers.
- Any tree(s) representing or approaching in girth the largest of its species in the state; tree(s) dedicated to, or commemorating, an individual or event.
- PROTECTIVE BARRIER
- A barrier constructed to protect the root system or trunk of a tree from damage during construction or from equipment or soil or material deposits. Such a barrier may consist of a snow fence, orange construction fence or other similar structures approved by the Shade Tree Commission, the Building Inspector, or Borough Engineer, and sufficient to protect the root system or trunk of a tree from the aforementioned damage. No fencing shall be attached to trees but rather shall be staked three feet from trees that are four to 18 inches in caliper and staked six feet from trees that are 18 inches in caliper and over.
- Tree(s) which by singular nature, condition, size, location, and/or appearance impart particular value to a property or landscape.
- Any living woody perennial plant having a diameter greater than four inches measured at a point four and 4 1/2 inches above the ground.
[Ord. No. 1045B § 2]
Except as hereinafter provided, no person, firm, or corporation shall do or cause to be done by others, either purposely, carelessly, or negligently, any of the following acts upon property within the Borough:
Cut, destroy, remove, or substantially injure any tree.
Place or maintain upon the ground any substance which would impede the free access of air and water to the roots of any tree.
Apply any substance to any part of a tree, including roots, with the intention to injure or destroy the tree.
Clear-cutting of any land.
[Ord. No. 1045B § 3; Ord. No. 30-2000 § 7]
Except as provided for herein, no person, firm, or corporation shall cut, remove, injure or damage more than six trees per year with a diameter in excess of four inches measured on the tree at a height of four feet above the level of the ground, upon any property within the Borough of Ramsey unless he has first obtained a permit therefor, in accordance with the regulations and provisions of this section. Excepted from this shall be:
All land clearing operations as authorized in accordance with a site plan approval or subdivision approval and conditions imposed with respect to tree removal and planting, granted by the Planning Board, the Shade Tree Commission, or Board of Adjustment in accordance with the provisions of N.J.S.A. 40:55D-20 (exclusive authority of Planning Board and Board of Adjustment). Under no circumstances shall clear-cutting be permitted on any property.
Trees located on a commercial nursery or orchard.
Any tree cut or removed for purposes of logging or tree farming in accordance with a management plan of the New Jersey Department of Environmental Protection, reviewed and approved by the Planning Board and Shade Tree Commission and filed on record in the office of the Borough Clerk.
The cutting, pruning, or trimming of trees in a manner which is not harmful to the health of the tree.
The cutting, destruction, or removal of trees which are diseased or dead, or which endanger public safety, to be determined by the Borough of Ramsey Shade Tree Commission.
The cutting, removal, or destruction of a tree as necessary to construct any structure for which a building permit has been issued by the Borough Construction Official.
The cutting, removal, or destruction of any tree pursuant to an order or directive of any municipal, county or state agency, or court.
Activities involving trees within the paved area of the public highways, public rights-of-way or publicly owned properties. The Shade Tree Commission shall review and approve the trees that are to be removed in the public right-of-way, public highway or publicly owned properties in areas that are not to be paved.
[Ord. No. 1045B § 4]
Any person, firm or corporation desiring to destroy, cut or remove any such tree(s) in excess of the aforesaid numbers and size(s) shall apply to the Borough of Ramsey Shade Tree Commission for a permit to remove such tree(s). The applicant shall on the application:
Identify by street, block and lot number, the land upon which the tree(s) are located.
Provide the name, address and telephone number of the owner or duly authorized agent of the owner, where applicable.
Identify, and place on the site plan application, the location of the tree(s) sought to be cut, removed or destroyed.
Mark the tree(s) on site by visible, weatherproof and reasonably tamperproof means; the tree(s) not to be sprayed with paint or chemicals or otherwise permanently marked, damaged or defaced.
[Ord. No. 1045B § 5]
If the applicant discloses that no more than six trees in excess of the size(s) referred to aforesaid in this section, are to be removed, cut or destroyed from the lot or tract of land identified in the application, and that the aforementioned number of trees does not include historic, endangered species or specimen trees, then no permit shall be required.
[Ord. No. 1045B § 6]
No materials, machinery or temporary soil deposits shall be placed within the dripline area of any tree located on any premises for which a building permit was issued for construction. The applicant shall protect the trees by erecting a protective barrier around the area defined by the dripline, except that when the dripline extends to within 12 feet of a building or extends over driveways, recreation areas or parking areas, the following shall apply:
The position of the protective barrier may be moved, so as to allow a working area of 12 feet from the base of the building.
Materials, machinery or temporary soil deposits may be placed within 12 feet of the building.
In the proximity of any impermeable surface, the protective barriers may be placed upon the border of driveways, recreation areas, and parking areas.
Materials, machinery, temporary soil deposits may be placed within the dripline upon impermeable surfaces only.
Where change of slope or development will cause harm to a mature, historic, endangered species or specimen tree, and in the event that the tree(s) would otherwise be desirable, a well or other means of protective barrier shall be erected accordingly; the barrier not to encroach on the area required to sustain life.
[Ord. No. 1045B § 7]
Upon the Shade Tree Commission receiving the application for the cutting, removal or destruction of trees, it shall review the site to determine whether the removal or destruction of the tree(s) shall change the drainage conditions, cause soil erosion, increase the dust, decrease the fertility of the soil or deteriorate the property value, and shall further determine the overall physical conditions of the land and the deleterious effect thereon. In reviewing the aforesaid items, the Shade Tree Commission may utilize the services of the Borough Engineer and request and consider a report and recommendation from him with regard to same. In addition to the aforesaid items, the Shade Tree Commission shall also consider the following in making its determination to issue or deny the permit:
Whether the area where the tree is located shall be used for a building or other structure, or a sewerage line, the tree located within 12 feet of any of the foregoing; whether the area where the tree is located shall be used for a patio, a driveway, a recreation area, a roadway or a drainage right-of-way, the tree located within four feet of any of the foregoing.
Whether the tree or trees are likely to cause a hardship upon the applicant or place the community in danger or affect deleteriously an adjacent property owner.
Whether the cutting, removal and destruction of trees shall affect the drainage conditions, cause or contribute to soil erosion, increase the dust, and decrease the fertility of the soil on the land under construction.
[Ord. No. 1045B § 8]
The Shade Commission shall within 35 days after reviewing the site (weather permitting) render its decision to grant or deny the permit and it shall advise the applicant and the Mayor and Borough Council of its decision.
[Ord. No. 1045B § 9]
The applicant shall have the right to appeal the decision of the Shade Tree Commission to the Mayor and Council within 10 days of receipt of the Commission's decision. The appeal shall be by written notice of appeal to the Borough Clerk. Upon receipt of the appeal, the Mayor and Council shall proceed to hear the appeal upon notice to the applicant within 30 days after the filing of the notice of appeal. The Mayor and Council may, in its discretion, and upon complete review of the application and after hearing the testimony of the Shade Tree Commission or its designee and the applicant, reverse, modify, or affirm the aforesaid decision.
[Ord. No. 1045B § 10]
Upon written application to the Ramsey Shade Tree Commission and for good cause shown, the Ramsey Shade Tree Commission may waive any of the requirements of this section.
[Ord. No. 1045B § 11]
The Construction Code Official is designated as the enforcing agent for this section.
[Ord. No. 1045B § 12; Ord. No. 30-2000 § 8]
Any tree destroyed or removed in violation of this section shall be replaced by the owner with another tree in accordance with Paragraph a of this subsection. In the event that such tree, which is not permitted to be removed, is damaged during construction, such tree shall be properly treated in order to restore same. If restoration cannot occur, then replacement shall be made as specified herein.
Any tree removed or that is damaged and cannot be restored after identification is to be replaced by a similar type tree whose caliper in inches equals the caliper of the tree removed. This pertains to all trees that have a caliper of four inches as measured four feet from the lowest ground elevation. If the Shade Tree Commission determines that this is not practical, then they may instruct the developer to replace the tree with similar type trees whose sum of caliper inches equals the caliper of the tree removed or that has died after identification.
In the event that it is impractical to replace trees on-site, the developer shall pay to a Tree Restoration Fund a payment for each tree removed or which cannot be restored, as a result of development. The payment to be made shall be equal to the cost of the tree established by the Shade Tree Commission and the planting of similar type and size shade trees within the Borough of Ramsey. The Borough of Ramsey shall have the right to use this fund for the planting of trees in the future at various locations within the Borough of Ramsey. The replacement or payment shall be in accordance with the following schedule:
Replacement and treatment of trees which are destroyed as a result of vehicular accident.
[Ord. No. 30-2000 § 10]
Utility companies shall be governed by the following additional requirements in connection with tree removal, pruning and trimming:
No person shall string any wires in or through a public park or Borough right-of-way, easement, or park without a permit.
Every person having or maintaining any electric, telephone, cable TV, or other wires running in or through a Borough right-of-way, easement, or park shall securely fasten and maintain such wires in such a manner as will safeguard all trees against any damage and shall make periodical adjustments whenever necessary to prevent damage to all trees.
No person shall, without a permit, attach or fasten any wire, insulator, or other device for holding any wire to any tree.
Whenever the Commission shall deem it necessary to prune or remove any tree, any person having a wire running in or through any Borough right-of-way, easement, or park shall temporarily remove such wire within 24 hours after the service upon the owner of said wire, or his agent, of a written notice to do so.
Any public utility or its agents may upon received (written) permission from the Commission at least 30 days prior to the start of work, prune or remove trees for line clearance of utility wires in nonemergency situations pursuant to a line clearance program. There shall be a seven-foot right-of-way cut zone for said maintenance work.
Any public utility or its agents may undertake emergency tree work to restore electrical service or spot work to prevent interruption of electrical, telephone, cable TV, or other such wire services. In such event, the utility will notify the Commission of said work within three business days of its beginning.
[Ord. No. 30-2000 § 10]
In connection with any developer's application that borders a public roadway or creates a new public roadway, the applicant for such development shall grant a ten-foot wide shade tree deed of easement outside of the Borough's fifty-foot right-of-way. Shade trees will be placed in an area which shall not interfere with utilities, and the developer shall execute an appropriate deed of easement for such shade trees which shall be recorded in the Bergen County Clerk's office. The selection and spacing of shade trees to be planted in the easement shall be at the discretion of the Shade Tree Commission.
[Ord. No. 30-2000 § 10]
No person shall plant any tree or shrub in any park or Borough right-of-way or within the deed of easement without a permit.
No person shall, without a permit, place or maintain in any Borough right-of-way, easement, or park, any stone, cement, or other substance which shall impede the free access of air and water to the roots of any tree.
No person shall place salt, brine, oil or any other substance injurious to plant growth, in any Borough right-of-way, easement, or park in such manner as to injure any tree.
No person shall build any fire or station any tar kettle, road roller, fuel oil dispensing truck, or other engine in any Borough right-of-way, easement, or park, or any other place in such manner that the heat, vapors, fuel, or fumes therefrom may injure any tree.
Every person having or maintaining any underground utility lines in any Borough right-of-way, easement, or park shall maintain such lines in such a manner as will safeguard the trees against any damage therefrom and shall make periodical adjustments whenever necessary to prevent damage to trees.
In the erection, alteration, or repair of any structure or building, the owner, contractor, or other person in charge thereof shall place guards around all trees listed on the tree survey to prevent injury to such trees. No snow fencing or orange construction fencing shall be attached to trees but rather shall be staked three feet from trees that are four inches in caliper to 18 inches in caliper and staked six feet from trees that are 18 inches in caliper and over.
No person shall do any excavating within four feet of any listed remaining tree without a permit.
No person shall use or operate any power shovel, bulldozer or any other implement or tool in such a manner as to damage or destroy any listed tree.
No person shall, without a permit, do any of the following acts:
Cut, prune, break, injure, remove, disturb, or interfere in any way with any tree;
Spray with any chemical any tree or near a tree to cause injury or death to said tree;
Fasten any rope, wire, sign or other device to a tree or to any guard above such tree;
Remove or injure any guard or device to protect any tree;
Close or obstruct any open space provided about the base of a tree to permit the access of air, water, and fertilizer to the roots of such tree.
[Ord. No. 1045B § 13; Ord. No. 30-2000 §§ 9, 11]
Any person violating any provisions of this section shall be liable, upon conviction, to the penalty stated in Chapter 1, Section 1-5, for each and every offense. In the event of violations involving more than one lot or more than one tree, a violation as to each such lot or tree shall be considered as a separate offense.
If required replacement work is not completed within 30 days of written notification to do so, a municipal lien shall be placed upon all affected lots and such lien shall not be discharged from such lots until such replacement work is completed.
[Adopted 6-10-2009 by Ord. No. 14-2009]
The purpose of this section is to regulate the outdoor application of fertilizer so as to reduce the overall amount of excess nutrients entering waterways, thereby helping to protect and improve surface water quality. This section does not apply to fertilizer application on commercial farms.
Elevated levels of nutrients, particularly phosphorus, in surface waterbodies can result in excessive and accelerated growth of algae and aquatic plants (eutrophication). Excessive plant growth can result in diurnal variations and extremes in dissolved oxygen and pH, which, in turn, can be detrimental to aquatic life. As algae and plant materials die off, the decay process creates a further demand on dissolved oxygen levels. The presence of excessive plant matter can also restrict use of the affected water for recreation and water supply.
While healthy vegetated areas are protective of water quality by stabilizing soil and filtering precipitation, when fertilizers are applied to the land surface improperly or in excess of the needs of target vegetation, nutrients can be transported by means of stormwater to nearby waterways, contributing to the problematic growth of excessive aquatic vegetation. Most soils in New Jersey contain sufficient amounts of phosphorus to support adequate root growth for established turf. Over time, it is necessary to replenish available phosphorus, but generally not at the levels commonly applied. Other target vegetation, such as vegetable gardens and agricultural/horticultural plantings, will have greater need for phosphorus application, as will the repair or establishment of new lawns or cover vegetation. A soils test and fertilizer application recommendation geared to the soil and planting type is the best means to determine the amount of nutrients to apply. Timing and placement of fertilizer application is also critical to avoid transport of nutrients to waterways through stormwater runoff. Fertilizer applied immediately prior to a runoff-producing rainfall, outside the growing season or to impervious surfaces is most likely to be carried away by means of runoff without accomplishing the desired objective of supporting target vegetation growth. Therefore, the management of the type, amount and techniques for fertilizer application is necessary as one tool to protect water resources.
This section does not apply to application of fertilizer on commercial farms, but improper application of fertilizer on farms would be problematic as well. Stewardship on the part of commercial farmers is needed to address this potential source of excess nutrient load to waterbodies. Commercial farmers are expected to implement best management practices in accordance with conservation management plans or resource conservation plans developed for the farm by the Natural Resource Conservation Service and approved by the Soil Conservation District Board.
For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated therein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
As used in this section, the following terms shall have the meanings indicated:
- The land area, 25 feet in width, adjacent to any water body. However, where lot sizes are exceptionally small or where the twenty-five-foot buffer constitutes the majority of the available property, the municipality may reduce the buffer to 10 feet in width, with the additional requirement that a drop spreader be used for fertilizer application.
- COMMERCIAL FARM
- A farm management unit producing agricultural or horticultural products worth $2,500 or more annually.
- A fertilizer material, mixed fertilizer or any other substance containing one or more recognized plant nutrients, which is used for its plant nutrient content, which is designed for use or claimed to have value in promoting plant growth, and which is sold, offered for sale, or intended for sale.
- IMPERVIOUS SURFACE
- A surface that has been covered with a layer of material so that it is highly resistant to infiltration by water. This term shall be used to include any highway, street, sidewalk, parking lot, driveway, or other material that prevents infiltration of water into the soil.
- Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
- PHOSPHORUS FERTILIZER
- Any fertilizer that contains phosphorus, expressed as P2O5, with a guaranteed analysis of greater than zero; except that it shall not be considered to include animal (including human) or vegetable manures, agricultural liming materials, or wood ashes that have not been amended to increase their nutrient content.
- SOILS TEST
- A technical analysis of soil conducted by an accredited soil-testing laboratory following the protocol for such a test established by Rutgers Cooperative Research and Extension.
- WATER BODY
- A surface water feature, such as a lake, river, stream, creek, pond, lagoon, bay or estuary.
No person may do any of the following:
Apply fertilizer when a runoff-producing rainfall is occurring or predicted and/or when soils are saturated and a potential for fertilizer movement off-site exists.
Apply fertilizer to an impervious surface. Fertilizer inadvertently applied to an impervious surface must be swept or blown back into the target surface or returned to either its original or another appropriate container for reuse.
Apply fertilizer within the buffer of any water body.
Apply fertilizer more than 15 days prior to the start of any time after the end of the recognized growing season — March 15 to October 31; Zone 6b (northeastern, central and part of southern New Jersey).
No person may do the following:
Apply phosphorus fertilizer in outdoor areas, except as demonstrated to be needed for the specific soils and target vegetation in accordance with a soils test and the associated annual fertilizer recommendation issued by Rutgers Cooperative Research and Extension.
Application of phosphorus fertilizer needed for:
Establishing vegetation for the first time, such as after land disturbance, provided that the application is in accordance with the requirements established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq. and implementing rules.
Reestablishing or repairing a turf area.
Application of phosphorus fertilizer that delivers liquid or granular fertilizer under the soil's surface, directly to the feeder roots.
Application of phosphorus fertilizer to residential container plantings, flowerbeds, or vegetable gardens.
The Code Enforcement Official, the Police Department, the Department of Health and the Property Maintenance Official are hereby individually and severally empowered to enforce the provisions of this section. The respective enforcing official may, in his or her discretion, issue a warning for a first offense.
Any person, corporation, occupant, or entity that violates or fails to comply with any provision of this section or any of the rules and regulations promulgated hereunder shall, upon conviction thereof, be punishable by a fine of up to $500.