This article shall be known and may be cited as the "Tree Protection
Code of the Borough of High Bridge."
The governing body does herein decide and find that the indiscriminate
uncontrolled and excess destruction, removal and cutting of trees
upon lots and tracts of land particularly on steep slopes and along
stream corridors within the Borough has resulted in creating increased
municipal costs to control drainage and road repairs and has further
caused increased soil erosion, decreased fertility of soils and increased
dust, which has caused deterioration of property values. This has
further rendered land unfit and unsuitable for their most appropriate
use, with the result that there has been deterioration or will result
in a future deterioration of condition affecting the health, safety
and general well-being of the inhabitants of the Borough of High Bridge
and has caused the passage of this article to regulate and control
the indiscriminate and excessive cutting of trees in the Borough.
The purpose of this article is to regulate the removal of trees
within the Borough; to protect the Borough's current tree stock; to
establish the authority for tree protection within the Borough and
to provide penalties for violations to this article.
As used in this article, the following terms shall have the
meanings indicated:
ALTER
To take action by cutting or pruning any tree, or by filling,
surfacing, grading, compacting or changing the drainage pattern of
the soil around any tree in a manner that threatens to diminish the
vigor of the tree, provided that, as used in this article, the term
"alter" does not include normal seasonal trimming, shaping, thinning
or pruning of a tree necessary to its health and growth.
DRIPLINE
A line connecting the tips of the outermost branches of a
tree, projected vertically onto the ground.
PERSON
Any owner, operator, company, corporation, general agent,
forester, and contractor of property which has trees.
REPLACEMENT TREE
A nursery grown certified tree at least two-inch to three-inch
caliper, properly balled, and marked with a durable label indicating
genus, species and variety, and satisfying the standards for nursery
stock and installation thereof set forth by the American Association
of Nurserymen.
SPECIMEN TREE
Any tree with a diameter of 18 inches or greater or any tree
of historical significance or otherwise significant by reason of its
rarity or environmental significance.
STEEP SLOPE
Slopes of 15% or greater as outlined in Chapter
145, Section 312, of the Borough Land Use Plan.
[Added 12-20-2012 by Ord. No. 2012-19]
SUBDIVIDABLE LOT
A legally established and existing parcel of land, with boundaries
determinable from existing records, which has a building located thereon
which is occupied or capable of being occupied, by which has a lot
size at least twice the minimum zoning requirements of the Borough,
and with dimensions and setbacks sufficient to allow subdivision into
at least two building lots and having same restrictions as an undeveloped
lot.
TREE
Any woody perennial plant having a diameter greater than
eight inches measured from a point 4 1/2 feet above ground (forestry
method).
TREE REPLACEMENT PLAN
A specific plan for replacement of removed trees in accordance
with the provisions of this article.
UNDEVELOPED LOT
A legally established and existing parcel of land, with boundaries
determinable from existing records, which does not have a building
located thereon. Whenever approval is granted by the Planning Board
to an application for preliminary major subdivision, each lot shown
upon the subdivision plat which does not have a building located thereon
shall be deemed a separate undeveloped lot for the purposes of this
article.
WOODLAND MANAGEMENT PLAN
A plan prepared in accordance with criteria set forth in
N.J.A.C. 18:15-2.10 and which is required to be filed with the Assessor
and the DEP by an owner of the woodland as set forth in N.J.A.C. 18:15-2.7.
The official appointed by the Borough is the established authority
responsible for interpreting definitions. In any case, the official
appointed by the Borough shall have the right to determine whether
any specific woody plant shall be considered a tree or a shrub. Such
determination shall be final and not subject to appeal.
The Borough of High Bridge shall have control of all street
trees, shrubs, and other plantings now or hereafter in any street,
park, public right-of-way or easement, or other public place within
the Borough limits or on property owned by the Borough, and shall
have the power to plant, care for, maintain, remove and replace such
trees, shrubs and other plantings. The Borough of High Bridge also
shall have jurisdiction over any tree upon any private land, including
the public right-of-way and easements within the Borough of High Bridge.
As a basis for determining permitted tree removal, the official
appointed by the Borough shall give due consideration to the following
and their impact on the existing trees and the following:
A. Clearance for proposed road or approved driveway right-of-way.
B. Clearance of trees for construction of a residence or other primary
building plus a twenty-five-foot wide area surrounding such buildings.
C. Clearance of trees for the construction of septic tanks, leaching
fields, sewer plants and other utilities shall be considered if the
plan is approved by the County Health Department, Health Officer or
the Borough Engineer.
D. Any tree designated in accordance with an approved woodland management
plan.
E. Clearance of any dead, dying or diseased or infested tree.
F. Its inherent value as a specimen tree.
G. Clearance
of trees to plant a garden.
[Amended 12-20-2012 by Ord. No. 2012-19]
H. Clearance
of trees to put in a pool.
[Amended 12-20-2012 by Ord. No. 2012-19]
I. Clearance
of trees to build a patio or deck.
[Amended 12-20-2012 by Ord. No. 2012-19]
J. Clearance
of trees to add an addition.
[Amended 12-20-2012 by Ord. No. 2012-19]
The official appointed by the Borough after reviewing the site
shall determine whether the applicant shall be granted a permit and
shall issue a tree removal permit or denial, in writing, within 14
days of the date of such application.
Nothing contained in this article shall be deemed to impose
any liability upon the Borough, its officers or employees, nor to
relieve the owner of any private property from the duty to keep any
tree, shrub or plant upon any street tree area on his property or
under his control in such condition or to prevent it from constituting
a hazard or an impediment to travel or vision upon any street, park,
pleasure ground, alley or public place within the Borough.
No person, firm or corporation shall interfere with the Director
of Public Works or persons acting under the authority of the Mayor
and Council while engaged in planting, mulching, pruning or removing
any tree, shrub or plant in any street or public place within the
Borough. No person, firm or corporation shall purposefully damage,
harm or alter any tree in a manner that threatens to diminish the
vigor of the tree, and will be subject to the penalties outlined for
unlawful tree removal in this article.
The applicant shall have the right to appeal the aforesaid decision
to the Planning Board/Board of Adjustment of the Borough of High Bridge
within 20 days of receipt of the official appointed by the Borough's
decision. Said appeal shall be scheduled to be heard with a written
notice of the hearing sent to the applicant within 30 days after the
filing of said notice of appeal. The Planning Board/Board of Adjustment
may, in its discretion and upon complete review of the application,
after hearing the testimony of the official appointed by the Borough
and the applicant, reverse, modify or affirm the aforesaid decision.
The official appointed by the Borough is hereby charged with
the responsibility for the enforcement of this article and may serve
notice to any person in violation thereof or institute legal proceedings
as may be required, and the Borough Prosecutor is hereby authorized
to institute appropriate proceedings to that end.
The Borough Environmental Commission shall collect and maintain
all records and data necessary to objectively evaluate whether progress
is being made toward the stated goals of this article. An annual summary
and analysis of the evaluation and recommendations for action shall
be prepared at the direction of the Environmental Commission and presented
to the Mayor and Borough Council. The Mayor and Borough Council shall
consider the report and recommendations and take all actions deemed
necessary to accomplish the goals of this article. These actions may
include, but are not limited to, revision or amendment of this article
or the adoption of other resolutions or ordinances.