[HISTORY: Adopted by the Mayor and Council of the Borough
of Woodcliff Lake as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Shade Tree Committee — See Ch. 70.
Brush, grass and weeds — See Ch. 110.
Building construction — See Ch. 114
Uniform construction codes — See Ch. 140.
Property maintenance — See Ch. 265.
Site plan review — See Ch. 292.
Soil erosion and sediment control — See Ch. 299.
Soil moving — See Ch. 304.
Streets and sidewalks — See Ch. 326.
Subdivision of land — See Ch. 332.
[Adopted 6-13-1966 by Ord. No. 243; amended in its entirety 7-16-2007 by Ord. No.
07-09 (Ch. 211 of the 1985 Code)]
As used in this article, the following terms shall have the
meanings indicated:
A line connecting the tips of the outermost branches of a
tree projected vertically onto the ground.
Every person, firm, association, partnership, corporation
and individual.
Shade and ornamental trees and shrubbery now located or which
may hereafter be planted in any public highway, park or parkway in
the Borough.
[Amended 8-30-2016 by Ord. No. 16-13]
The Shade Tree Committee of the Borough of Woodcliff Lake
and its duly authorized representatives.
[Amended 8-30-2016 by Ord. No. 16-13]
A.
No person, firm, corporation or individual connected with such firm
or corporation shall do or cause to be done by others to any tree,
shrub or plant on a public highway or place, either purposely, carelessly
or negligently, without the permission of the Shade Tree Committee,
any of the following acts:
(1)
Cut, prune, climb with spikes, break, damage or remove.
(2)
Cut, disturb or interfere in any way with any root.
(3)
Spray with any chemical, including pesticides.
(4)
Fasten any rope, wire, sign or other device.
(5)
Remove or damage any guard or device placed to protect any tree or
shrub.
(6)
Plant any tree contrary to the requirements of the Shade Tree Committee
and approval of the governing body.
(7)
Remove any living woody perennial plant having a diameter at breast
height (DBH) greater than six inches without first receiving a permit
in accordance with the provisions of this article.
B.
Nothing herein shall prevent any governmental agency from tying a
public notice upon a tree in connection with administering governmental
affairs.
A.
No person or corporation shall, without the permission of the Shade
Tree Committee, place or maintain or cause to be placed or maintained
upon the ground in any public highway or place any stone, cement or
other sidewalks or any stone, cement and other substance which shall
impede the free access of air and water to the roots of any tree or
shrub in any public highway or place.
B.
An open space of no less than two feet outside the trunks of trees
at their bases on all sides must be maintained on all trees on public
highways, except where limited by curb and/or sidewalk.
A.
No person shall place salt, brine, oil or other substances injurious
to plant growth in any public highway or place in such a manner as
to injure any tree or shrub growing thereon.
B.
No person shall build any fire or station any tar kettle, road roller
or other engine in any public highway in such a manner that the heat
vapors or fumes therefrom may injure any tree or shrub growing thereon.
No person, firm or corporation is permitted to lay any sideway
along or to open, construct, curb or pave any street or do any like
act so as to interfere with or do injury to any highway shade tree
without the consent of the Shade Tree Committee.
[Amended 8-30-2016 by Ord. No. 16-13]
A.
In the erection, altering or repairing of any building or structure,
the owner or contractor thereof shall place such guards around all
nearby trees in public highways or places as will effectually prevent
injury to such trees.
B.
No person, firm or corporation shall do any excavating within the
dripline of any tree or shrub without the permission of the Shade
Tree Committee.
C.
Shovels and all other implements, machines and tools shall be used
or operated in such a manner as not to damage or destroy any tree,
shrub or plant in any public highway or place.
D.
Where in authorized excavations it becomes necessary to expose or
cut roots more than one inch in diameter, it shall be the duty of
the contractor to protect such roots (i.e., air spade tool) under
advice from the Shade Tree Committee.
A.
No person, firm or corporation shall, without permission of the Shade
Tree Committee, attach or fasten any wire, insulator or other device
for holding any wire to any tree or shrub in any public highway or
place.
B.
Any utility company or its agents may, with prior permission from
the Shade Tree Committee, prune and remove trees for line clearance
of utility wires.
Where the permission, consent or approval of the Shade Tree
Committee is required by the provisions of this article, any person,
firm or corporation required to obtain such permission, consent or
approval shall first make application therefor to the Shade Tree Committee,
Borough of Woodcliff Lake, Bergen County.
[Amended 8-30-2016 by Ord. No. 16-13]
The Construction Code Official, or duly appointed designee,
is the enforcing agent for this article and shall seek inspectors
as deemed necessary in connection with said enforcement. Any reference
to the term "Code Official" in this or any other section of the Borough
Code shall also mean the duly appointed designee where so designated.
[Amended 8-30-2016 by Ord. No. 16-13]
A.
Any person, firm, or corporation retained or otherwise engaged to
undertake any acts that are regulated by the provisions of this article
shall assure that the proper permits have been secured before commencing
any work. Any person, firm, or corporation that fails to do so shall
be jointly and severally liable for violating the provision of this
article.
B.
Any person found guilty of violating any of the provisions of this
article shall, upon conviction by the Municipal Judge of the Borough
of Woodcliff Lake, be subject to a fine of not more than $1,000 or
imprisonment for up to 90 days, or both, in the discretion of the
court. 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.
[Adopted 10-8-2003 by Ord. No. 03-7; amended in its entirety 12-17-2007 by Ord. No.
07-16 (Ch. 245 of the 1985 Code)]
The Borough of Woodcliff Lake lies largely in hills and valleys
of the historic Pascack Valley area of Bergen County, New Jersey,
in which substantial portions were and are covered by native trees.
The Borough of Woodcliff Lake recognizes that preservation of such
trees enhances the natural scenic beauty, sustains the long-term potential
increase of the quality of life and property values which encourages
quality development, maintains the ecology, moderates the effect of
extreme temperatures, prevents erosion of topsoil, helps create an
identity and quality which enhances the attractiveness of the Borough
of Woodcliff Lake to residents and visitors and increases the oxygen
output of the area which is needed to combat air pollution. For these
reasons the Borough of Woodcliff Lake finds that in order to promote
the public health, safety and general welfare of the Borough of Woodcliff
Lake, while at the same time recognizing individual rights to develop
and maintain private property in a manner which will not be prejudicial
to the public interest, it is necessary to enact regulations controlling
tree removal and preserving the heritage trees within the Borough
of Woodcliff Lake. However, the Borough of Woodcliff Lake Council
also recognizes that under certain circumstances heritage trees may
be properly removed. Those circumstances include dead or diseased
trees; trees situated on land such that tree removal is based on a
reasonable use and enjoyment of the property; or so abundant that
their removal would not destroy the area's natural beauty or
ecology or cause erosion. It is the intent of this article to preserve
as many heritage trees as possible throughout the Borough of Woodcliff
Lake through staff review and the development review process.
For the purpose of this article, the terms used herein are defined
as follows:
Any person or entity requesting permission to remove trees
protected by this article.
Any tree removal activity that will reduce the tree canopy
to 20% or less is deemed to be clear cutting.
[Amended 8-30-2016 by Ord. No. 16-13]
The tree diameter measured at 4.5 feet above the ground.
[Added 8-30-2016 by Ord.
No. 16-13]
A tree with sustained and progressive impairment of the structure
or function, caused by any variety of factors or agents related to
nonliving (abiotic) and living (biotic) sources.
[Added 8-30-2016 by Ord.
No. 16-13]
A line connecting the tips of the outermost branches of a
tree projected vertically onto the ground.[1]
Dead or dying trees, dead parts of live trees, or unstable
live trees, due to structural defects or other factors, that are located
within striking distance of people or property.
[Added 8-30-2016 by Ord. No. 16-13]
Any tree designated by the Shade Tree Committee due to its
unique quality, including, but not limited to, species, size, location,
age, etc.
[Added 8-30-2016 by Ord.
No. 16-13]
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,
saw horses or other similar structures approved by the Shade Tree
Committee, the Construction Code Official or The Borough Engineer
and sufficient to protect the root system or trunk of a tree from
the aforementioned damage.
Any living woody perennial plant having a diameter greater
than three inches measured at a point four feet above the ground.
Every person, firm, association, partnership, corporation
and individual that is engaged in the practice of removing any "tree"
as defined by this article is deemed a tree removal company and must
register as same with the Borough in compliance with the provisions
of this article.
[Added 8-30-2016 by Ord.
No. 16-13]
Any tree that is not native to the area and can cause harm
to the environment, can damage public and private lands, may grow
quickly or reproduce abundantly, is difficult to eradicate or can
negatively impact our native species.
[Added 8-30-2016 by Ord.
No. 16-13]
[1]
Editor’s Note: The definition of “heritage tree,”
which immediately followed this definition, was repealed 8-30-2016
by Ord. No. 16-13.
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:
A.
Cut, destroy, remove or substantially injure any heritage tree.
B.
Place or maintain upon the ground any substance which would impede
the free access of air and water to the roots of any heritage tree.
C.
Apply any substance to any part of a heritage tree, including roots,
with the intention to injure or destroy the tree.
D.
Clear-cutting of any land.
[Amended 8-30-2016 by Ord. No. 16-13]
A.
Except as provided for herein, no person, firm, or corporation shall
cut or remove trees without first obtaining a permit. Excepted from
this shall be:
(1)
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 Committee or Board of Adjustment of the Borough of
Woodcliff Lake in accordance with the provisions of N.J.S.A. 40:55D-20
(exclusive authority of Planning Board and Board of Adjustment); provided,
however, that all applications to the Planning Board or Board of Adjustment
shall identify all heritage trees and shall specifically designate
all trees to be removed on submitted plans and in the field. Under
no circumstances shall clear-cutting be permitted on any property.
(2)
Trees located on a commercial nursery or orchard.
(3)
The cutting, pruning or trimming of trees in a manner which is not
harmful to the health of the tree.
(4)
Trees that represent an immediate danger to property or public safety.
(5)
The cutting, removal or destruction of any tree pursuant to an order
or directive of any municipal, county or state agency or court.
(6)
Activities involving trees within the public highways, public rights-of-way
or publicly owned properties.
(7)
Cutting, pruning or trimming of trees by a utility agency to keep
high-tension power lines clear.
B.
Protected species cannot be removed.
[Amended 8-30-2016 by Ord. No. 16-13]
A.
Any person, firm or corporation desiring to cut or remove a tree(s)
shall apply to the Borough of Woodcliff Lake Shade Tree Committee
for a permit to remove such tree(s). The applicant shall, on the application
(description):
(1)
Identify, by street, block and lot number, the land upon which the
tree(s) is located.
(2)
Provide the name, address and telephone number of the owner or duly
authorized agent of said owner, where applicable.
(3)
Identify and place on the site plan application the location of said
tree(s) sought to be cut, removed or destroyed.
(4)
Mark said tree(s) on site by visible, weatherproof and reasonably
tamperproof means; said tree(s) shall not be sprayed with paint or
chemicals or otherwise permanently marked, damaged or defaced.
B.
Permits shall be duly signed by the person or firm undertaking the
tree removal work.
(1)
Contractor License, Crane Operator License.
C.
In the event a tree is deemed hazardous, by a duly authorized agent
of the Borough, no permit is required.
[Added 8-30-2016 by Ord.
No. 16-13]
The permit fees established by this article are contained within
the Borough Fee Ordinance.
B.
Replacement trees and replacement fees.
(1)
Trees removed should be replaced on the ground of the subject
property with a species and type approved by the Shade Tree Committee.
(2)
The Borough reserves the right to collect replacement fees when
the requested tree removal is deemed by the Shade Tree Committee to
create a deleterious impact to the tree canopy.
(3)
Replacement fees may be refunded to the applicant when evidence
is presented that replacement trees were planted on the ground of
the subject property with a species and type pre-approved by the Shade
Tree Committee.
(4)
Replacement fees are forfeited after six months, and deposited
into the Borough treasury, and shall thereafter be appropriated to
the Shade Tree Trust Fund.
(5)
Replacement fees shall be in addition to the permit fees.
[Amended 8-30-2016 by Ord. No. 16-13]
Any person, firm, or corporation shall apply for and receive
a permit before removing any tree, as defined in this article. The
Construction Code Official, except in accordance with the provisions
of N.J.S.A. 40:55D-20 (exclusive authority of Planning Board and Board
of Adjustments), shall not issue a certificate of occupancy until
a tree removal permit has been issued and approved in accordance with
the provisions of this article.
[Amended 8-30-2016 by Ord. No. 16-13]
All persons subject to the provisions of this article shall
comply with the following precautions:
A.
Prior to the commencement of construction, install protection at
the dripline of any tree which is designated to be saved and prohibit
any construction materials or other materials inside the barrier.
The dripline shall not be altered in any way so as to increase the
encroachment or the construction.
B.
Prohibit excavation, grading, drainage and leveling within the driplines
of the tree unless approved by the Construction Code Official, with
the advice of the Shade Tree Committee.
C.
Prohibit disposal or depositing of oil, gasoline, chemicals or other
harmful materials within the dripline or in drainage channels, swales
or areas that may lead to the dripline.
D.
Prohibit the nailing, screwing or other permanent attachment of wires,
signs and ropes to any heritage tree or any tree in the municipal
right-of-way.
E.
Design utility services (underground utilities) to be located outside
of the dripline or tunnel under root line when possible to avoid trenching
within driplines wherever possible.
F.
The Construction Code Official shall be notified of any damage that
occurs to a tree during construction so that proper treatment may
be administered by a certified tree expert, retained by the contractor.
[Amended 8-30-2016 by Ord. No. 16-13]
Upon the Shade Tree Committee receiving the application for
the cutting or removal, it shall review the site to determine whether
the removal or destruction of said 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 Committee
may utilize the services of the Borough Engineer, or industry expert,
and request and consider a report and recommendation from him with
regard to same. In addition to the aforesaid items, the Shade Tree
Committee shall also consider the following in making its determination
to issue or deny the permit:
A.
Whether the area where the tree is located shall be used for a building
or other structure or a sewerage line, said 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, said tree located within four feet of
any of the foregoing.
B.
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.
C.
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
consideration.
D.
Whether the application abides by the Borough ordinances as defined
herein.
The Shade Tree Committee shall, within 35 days after reviewing
the site (weather permitting), render its recommendation whether to
grant or deny the permit and it shall advise the applicant, the Construction
Code Official and the Mayor and Council of the Borough of its recommendation.
The failure to make a recommendation within 35 days shall be deemed
an approval of the request. Except in the case of compelling or extraordinary
circumstances, the Construction Code Official will issue or deny the
tree removal permit based upon the recommendation received.
The applicant shall have the right to appeal the recommendation
and decision regarding the tree removal permit to the Mayor and Council
of the Borough of Woodcliff Lake within 10 days of the denial of the
tree removal permit. Said appeal shall be by written notice of appeal
to the Borough Clerk. Upon receipt of said appeal, the Mayor and Council
shall proceed to hear said appeal upon notice to the applicant and
the Shade Tree Committee within 30 days after the filing of said 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 Committee or its designee, Construction Code Official
and the applicant, reverse, modify or affirm the aforesaid decision.
Upon written application to the Woodcliff Lake Shade Tree Committee
and for good cause shown, the Woodcliff Lake Shade Tree Committee
may waive any of the requirements of this article.
[Amended 8-30-2016 by Ord. No. 16-13[1]]
A.
Any tree destroyed or removed in violation of this article shall
be replaced by the owner with another four trees of the same species
at least three inches in diameter measured at a point one foot above
the ground. In the event that a tree which is not permitted to be
removed is injured during building or other construction work, such
tree(s) shall be promptly treated in an approved manner.
B.
The Construction Code Official of the Borough may order any tree
work or other activity which is carried on in violation of any tree
removal permit or any provision of this article to be stopped forthwith.
The order shall be issued in writing and a copy served upon any person
engaged in tree work upon the subject lot. If no such person is present
upon the lot, then the order shall be served upon the applicant; but
if no permit has been issued as to such lot, then the order shall
be served upon the owner of the lot. Thereafter, except for such work
as is necessary to remedy the violation, any further work shall comply
with the terms and conditions of any permit and the provisions of
this article.
[1]
Editor's Note: This ordinance also repealed former § 355-22,
Enforcement.
[Amended 8-30-2016 by Ord. No. 16-13]
A.
Any person violating the provisions of this article shall be subject
to a fine not exceeding $1,000 or imprisonment for up to 90 days,
or both, 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. The penalties
herein may be levied against the property owner or any person, firm,
or corporation retained or otherwise engaged to undertake any acts
that are regulated by the provisions of this article. Any person,
firm, or corporation that fails assure that the proper permits have
been secured before commencing any work shall be jointly and severally
liable to the property owner for violating the provisions of this
article.
B.
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.
C.
In addition to all other remedies set forth in this article or otherwise
provided by law, the following remedies shall be available to the
Borough for violation of this article: stop work - temporary moratorium.
If a violation occurs during development, the Borough, in the discretion
of the Construction Code Official, may issue a stop-work order suspending
and prohibiting further activity on the property pursuant to the grading,
demolition, and/or building permit(s) (including construction, inspection
and issuance of certificated of occupancy) until a mitigation plan
has been filed with, and approved by, the Construction Code Official,
agreed to in writing by the property owner(s), and either implemented
or guaranteed by the posting of adequate security. The mitigation
plan shall include measures for protection of any remaining trees
on the property, and shall provide for replacement of each tree removed
on the property or at locations approved by the Shade Tree Committee
and Construction Code Official. The replacement shall be in accordance
with the standards set forth in this article, and shall be greater
than that required where tree removal is permitted pursuant to the
provisions of this article.
[Added 8-30-2016 by Ord.
No. 16-13]
All new or added construction shall be subject to the above
regulations. Upon receiving a building permit, it is understood that
the builder or property owners will cooperate with the Shade Tree
Committee of the Borough of Woodcliff Lake. Any new structure, home,
business, industry or improvement to existing structures is not complete
until properly planted; that is:
A.
Where advisable, shade trees are to be planted, but not closer than
40 feet, on center, with a minimum of two per lot, within property
designated as reserved to the Borough of Woodcliff Lake by easement
or other reservation.
B.
With a minimum of two per lot, shade trees shall be planted within
10 feet from the edge of the street curb as permitted and approved
by the Shade Tree Committee.
C.
Parking lots must have areas set aside for shade trees and/or evergreens
and shrubs, or both, and planting for screening where advisable.
D.
Trees shall be two inches or more in diameter and of the species
designated by the Committee.
F.
Provide tree coverage to specifications dictated by the Shade Tree
Committee.
G.
Submit a landscaping plan identifying the trees to be removed from
the property, and the proposed trees to be replanted, and expected
canopy coverage after 10 years.
[Added 8-30-2016 by Ord.
No. 16-13]
Any property renovations impacting trees to a degree deemed significant by the Shade Tree Committee will be considered a major site renovation, and subject to the provisions outlined in § 355-24.
[Added 8-30-2016 by Ord.
No. 16-13]
Every person, firm, association, partnership, corporation and
individual that is engaged in the practice of removing any "tree"
as defined by this article must register annually with the Borough.
Said annual registration fees are contained within the Borough Fee
Ordinance.
