[Added 7-17-1995 by Ord. No. 475]
The purpose of this article is to discourage
indiscriminate and excessive removal, cutting, and destruction of
trees and to encourage conditions and practices which prevent increased
surface drainage, sedimentation and soil erosion, decreased soil fertility,
and post-construction mortality and provide adequate revegetation
of the area with appropriate species after construction. On relevant
land, as defined herein, it is the intent of this article for the
applicant's professional design consultants to prepare and submit
plans which consider and place a design priority on the preservation
of existing vegetation and, in particular, trees. It is the further
intent of this article that roadway alignment, building placement,
proposed grading, utility installations and other site improvements
be planned and designed with the preservation of existing trees as
a major consideration. The ability to maximize or increase development
density shall not be a legitimate cause to justify relief from provisions
of this article.
As used in this article, the following terms
shall have the meanings indicated:
A tree removal, preservation and planting plan which has
been approved by the Borough of Harrington Park Planning Board.
Churches, clubs, lodges or any such building used by any
organized group or by the public generally.
An imaginary line from the tips of the outermost branches
of a tree projected vertically to the ground.
The Construction Code Official shall be the enforcing officer
for all approved tree plans.
Trees recommended by the New Jersey Bureau of Forest Management
as best adapted to the climate, soil and topography of the Borough
of Harrington Park. A listing of these trees is on file with the Harrington
Park Borough Clerk.
Any real property which:
Is or could be the subject of a major subdivision
application, as is defined in the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq., and this chapter;
Is the subject of a site plan application; or
Is located in the R-3 Zone and is the subject
of a minor subdivision application consisting of three lots.
Any tree within 12 feet of street pavement.
Any live, woody perennial having a diameter of six inches
or greater measured at a point 4 1/2 feet above the ground (diameter
at breast height).
A plan of tree removal, preservation and/or planting prepared
by the New Jersey Bureau of Forest Management, an approved forester
by the New Jersey Bureau of Forest Management, a licensed landscape
architect or, at the discretion of the Planning Board, a similarly
qualified person.
Under this section, the following trees may
be removed without filing a plan:
B.
Trees directed to be removed by municipal, county
or state authority pursuant to law.
C.
Any tree which is part of a nursery, garden center,
Christmas tree plantation, orchard or cemetery.
D.
Trees authorized to be removed at the discretion of
the Harrington Park Construction Code Official for purposes of safety,
maintenance or other reasons relating to the public health or general
welfare.
No person shall cut, remove, plant or damage
any tree upon any relevant land within the Borough of Harrington Park
unless such removal and cutting is done in accordance with the provisions
of this article.
A.
No person shall cut or remove any tree upon relevant
land within the Borough of Harrington Park without first obtaining
an approved tree plan.
B.
A tree removal, preservation and planting plan shall
be filed with every application relating to relevant land for approval
of a subdivision, site plan, planned development, conditional use
or zoning variance or prior to any other development requiring tree
removal or planting, except as otherwise provided in this article.
C.
Tree plan approval; guaranties.
(1)
No building permit with respect to relevant land shall
be issued for site clearing, grubbing or the construction of any residential,
commercial, industrial, recreational, or community buildings or accessory
buildings unless the property owner or its designated agent first
obtains an approved tree plan.
(2)
No permit shall be issued unless the applicant has
filed with the Borough a performance guaranty sufficient in amount
to equal the total cost to the Borough, as estimated by the Borough
Engineer, of complying with the conditions of the approved tree plan,
in the event that the applicant does not complete the work as approved.
The form, sufficiency and execution of the performance guaranty shall
be approved by the Borough Attorney. Posting of the guaranty shall
be detailed and defined in any developer's agreement entered into
by the Planning Board, the Borough and an applicant.
(3)
A maintenance guaranty shall be furnished by the applicant
upon the release of the performance guaranty and/or the approval of
the Borough Engineer evidencing that all work has been completed in
accordance with the approved tree plan. The maintenance guaranty shall
begin with the release of the performance guaranty and shall run for
a period of two years pursuant to the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq. Provisions governing the maintenance guaranty shall
be contained in the developer's agreement.
D.
No certificate of occupancy shall be issued unless
tree removal and planting have been performed in accordance with the
approved tree plan. Proof that all trees have been planted in accordance
with the approved plan or that the plantings are insured by a valid
performance guaranty shall be submitted to the Construction Code Official.
E.
The Borough of Harrington Park Environmental Commission
may advise the Planning Board, in writing, of the adequacy of a tree
removal, preservation and planting plan.
The procedure for applying for and issuance
of an approved tree plan shall be as follows:
A.
Applications shall be filed with the Planning Board
and shall be accompanied by the fee prescribed herein. Applications
for exemptions shall be filed directly with the Borough Construction
Code Official.
B.
The applications shall be made in duplicate and a
copy shall be filed simultaneously with the Borough Engineer and the
Borough Environmental Commission. The application shall show the following:
C.
Every application shall be accompanied by a map and
exhibits showing:
(1)
Tax Map, lot and block number.
(2)
Area of the subject relevant land.
(3)
Tree survey of all existing trees.
(4)
Genus, species and size in inches of all trees involved.
(5)
General slope and topography of the relevant land.
(6)
Location of streams, water bodies and wetlands.
(7)
Map of locations and surrounding properties showing
wooded areas.
(8)
A list of trees to be planted, as selected from the
preferred trees list; identification of species to be used as street
trees.
(9)
Tree removal plan and tree planting plan in relation
to principal and accessory buildings, roads and driveways, parking
lots, garden areas, etc., showing also the relation to survey stakes.
(10)
Location of buildings (site plan applications
only).
(11)
Location of roads, driveways, parking lots,
staging areas, recreation areas and garden areas, where applicable.
(12)
Grading plan.
(13)
Schedule for tree removal and planting.
(14)
Maps, as applicable, showing number, type and
location of trees and wooded areas to be removed.
(15)
Any other information deemed pertinent to the
application by the Planning Board, Borough Engineer or Construction
Code Official.
D.
At the discretion of the Planning Board, the applicant
shall provide alternative sketch plan layouts demonstrating that the
layout adequately considers and makes provision for the preservation
of existing trees.
E.
All trees on a subject site shall be flagged in the
field for identification.
A.
If no area other than a wooded area or area with trees
can be found to accommodate the building foundation, sewerage system,
or well, meeting the approval of the enforcement officer, necessary
tree removal shall be permitted.
B.
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 by means of a brightly painted
snow fence or suitably visible alternative. Where some grading must
take place within the dripline, in the opinion of the Planning Board,
tree wells should be designed and constructed to preserve the trees.
Any tree seriously damaged during construction must be professionally
treated or replaced as deemed appropriate by the enforcing officer
and/or the Borough Engineer.
C.
Any tree used in a required planting must be at least
2 1/2 inches caliper in diameter, must be nursery stock, balled
and burlapped, and guaranteed for two years from the date of planting.
D.
The removed trees are to be replaced according to
the following formula:
(1)
For
removed trees between six inches and 16 inches:
|
Percentage of Trees Removed
|
Percentage of Removed Trees to be Replaced
(with 2 1/2" trees or greater)
| |
|---|---|---|
|
80% to 100%
|
80%
| |
|
60% to 79%
|
60%
| |
|
40% to 59%
|
40%
| |
|
20% to 39%
|
20%
| |
|
Less than 20%
|
10%
|
(2)
For
removed trees of 16 inches or greater:
|
Existing Tree to be Removed
(inches)
|
Number of Replacement Trees
(minimum 2 1/2")
| |
|---|---|---|
|
From 16 to 18
|
3
| |
|
From 18 to 21
|
4
| |
|
From 21 to 24
|
5
| |
|
From 24 to 27
|
6
| |
|
From 27 to 30
|
7
| |
|
From 30 to 33
|
8
| |
|
From 33 to 36
|
9
| |
|
From 36 to 39
|
10
| |
|
From 39 to 42
|
14
| |
|
From 42 and greater
|
15
|
E.
Trees in the area between the street line and the
setback line of the buildings shall be preserved to the greatest extent
possible.
F.
Tree removal from any slope or environmentally sensitive
area is prohibited if it will contribute, in the opinion of the Planning
Board, to extra runoff of surface water onto adjoining property and
erosion and silting, unless other means approved by the Bergen County
Soil Conservation District are provided to prevent runoff and erosion.
G.
In the event that the replacement of the required
number of trees cannot reasonably be achieved on site, the applicant
may request or may be required by the Planning Board to contribute
an amount equal to the cost of the replacement tree (including supply,
delivery, installation and guarantee) to a fund established by the
Borough for the purpose of tree maintenance, tree preservation, tree
planting, and landscaping, and including the donation of trees to
be planted within the Borough. Said amount referenced above shall
be calculated by multiplying the current wholesale value of each unplanted
tree by three. Wholesale value shall be determined by the applicant's
submission of a current wholesale catalog (or dated copy thereof)
from a regional nursery listing its price for pickup at the nursery.
Failing such a submission by the applicant, the Planning Board may
obtain such information on its own from any local wholesale nursery.
[Added 5-21-2001 by Ord. No. 546]
The applicant, at the time of filing an application
for an approved tree plan, shall deposit with the Clerk of the Planning
Board an amount determined herein payable to the Borough of Harrington
Park. Applications which are filed together with other development
matters, such as subdivision, site plan and/or variance, shall pay
a fee equal to the sum of the fees for each required approval. 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 any landscape architect
or horticulturist retained by the Borough, the Borough Engineer, the
Borough Attorney and the Planning Board Attorney. The escrow funds
also shall be applied toward the cost of all required inspection fees
incurred in connection with an approved tree plan.
[Added 4-20-2005 by Ord. No. 580]
A.
The Mayor and Council, on their own initiative or
upon the recommendation of the Harrington Park Environmental Commission,
which recommendation shall not be binding upon the Council, may review,
evaluate, consider and approve requests for the withdrawal of monies
from the fund for projects within the Borough for the planting of
trees, ornamentals and other such beautification initiatives.
B.
Upon approval of any such request for fund withdrawal,
the Borough's Chief Financial Officer shall arrange for the payment
of such project pursuant to the terms and conditions of such approval
and subject to such other conditions as the Chief Financial Officer
may impose for the release of such funds, including but not limited
to vouchers.
[Amended 4-18-2011 by Ord. No. 658]
[Added 9-18-2006 by Ord. No. 597]
A.
Purpose. It is the purpose of this section to control
and regulate the indiscriminate or excessive removal, large-scale
clear-cutting and destruction of trees associated with new construction
on single-family lots and to control and regulate and prevent conditions
which cause an increase in stormwater runoff, sedimentation, soil
erosion, or air or noise pollution or inhibit aquifer recharge or
impair the ambiance or physical appearance of a neighborhood. The
intent of this section is to limit the adverse impact of tree removal
while not interfering with the right of a Borough property owner to
appropriately remove trees in accordance with this section.
B.
Restrictions. No person shall:
(1)
Cut down or remove any tree or allow or cause such
cutting or cut, destroy or injure any tree in any manner.
(2)
Place or maintain upon the ground any substance which
will impede the free access of air and water to the tree's living
components.
(3)
Apply any substance to any part of a tree, including
roots, with the intention to injure or destroy the tree.
C.
Permitted activities:
(1)
The cutting, trimming or maintenance of trees in a
manner which is not harmful to the health of the tree.
(2)
The removal of trees which are diseased, dead, partially
or completely fallen by acts of nature, or which endanger the public
safety.
(3)
The removal of trees necessary for permitted construction
upon the land, provided that such construction proceeds with a duly
issued construction permit issued by the Construction Code Official.
Any tree not within the footprint of the proposed construction shall
require a tree removal permit.
D.
Tree removal permit.
(1)
A tree removal permit shall be required for the removal of any tree not otherwise permitted in this § 350-73.
(2)
An application form, provided by the Borough of Harrington
Park for tree removal, shall be submitted to the Zoning Officer, together
with the required fee. The application shall contain:
(a)
The name and address of the applicant, the street
address and tax lot and block numbers of the property in question
and the number of trees to be removed.
(b)
The reason(s) for removing the tree(s).
(c)
A tree removal plan consisting of a diagram
showing the location of all trees to be removed, the species of such
trees and their diameters.
(d)
The location of all structures on the property.
(e)
The use of an existing survey shall be acceptable
for purposes of the diagram.
(f)
A tree mitigation plan if the applicant proposes
to plant new trees elsewhere on the property. Such plan shall set
forth the species of trees, diameter and location on the property.
A tree mitigation plan shall not be required but may be considered
by the Zoning Officer in determining if a tree removal permit should
issue.[1]
(3)
The Zoning Officer shall either issue or decline the
issuance of a tree removal permit within seven days from receipt of
the application for tree removal.
(4)
No tree removal permit shall issue without the payment
of the application fee.
E.
Standard for review. The Zoning Officer shall consider
the following:
(1)
Physical inspection of the property from which the
tree(s) is to be removed.
(2)
Whether the proposed removal would impair the growth
and redevelopment of the remaining trees on the applicant's property
or adjoining property.
(3)
Whether the proposed removal would change existing
drainage patterns.
(4)
Whether the proposed removal would allow soil erosion
or increase dust.
(5)
Whether the proposed removal would constitute a significant
change in the screening between lots or would change the wooded aspect
of the lot as viewed from the adjacent public road.
(6)
Whether the proposed removal would constitute a horticulturally
advantageous thinning of an existing overgrown area.
(7)
The overall effect of removal of such tree(s) on the
physical and aesthetic value of the property and the neighborhood.
(8)
Whether the proposed removal would remediate a safety
hazard to persons or structures.
(9)
The applicant may submit any information in support
of the application regarding the above-noted review criteria.
F.
Enforcement. The Zoning Officer is designated as the
enforcing agent for this section.
G.
Penalty. Any tree removed contrary to the requirements of this article shall be a violation for which a summons may issue, returnable before the Municipal Court of Harrington Park. The fine for a violation shall be as set forth in Chapter 164, Fines and Penalties. Additionally, anyone found in violation of this article shall plant a replacement tree for each tree removed in violation hereof, at the discretion of the Court. Each tree removed shall be considered a separate offense.
[Amended 4-18-2011 by Ord. No. 658]
H.
Appeals. Any person aggrieved by the decision of the
Zoning Officer shall have the right, within 10 days of the issuance
of such decision, to appeal to the Planning Board. The Planning Board
shall take such action as it may deem appropriate.
I.
Borough property. This section shall not apply to
any property owned by the Borough of Harrington Park.
J.
Emergencies. In the event of an emergency, where a
tree poses an immediate threat to the health, safety or welfare of
the citizens of Harrington Park, or to any structure or property situate
in Harrington Park, as determined by the Harrington Park Police Department,
such tree may be removed immediately without need for a permit.[3]
[3]
Editor's Note: The following ordinances, originally adopted to amend the Zoning Ordinance, have been moved to Ch. 85, Affordable Housing, as Arts. I, II and III, respectively: Ord. No. 541 (adopted 3-19-2001); Ord. No. 608 (adopted 11-20-2006); and Ord. No. 623 (adopted 2-17-2007), as amended by Ord. No. 634 (adopted 12-15-2008).
