[Adopted 2-9-2006 as Ch. 23 of the 2006 Code of the Borough of High Bridge]
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:
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.
A line connecting the tips of the outermost branches of a
tree, projected vertically onto the ground.
The New Jersey State Law, N.J.S.A. 54:4-23.1 et seq.
The Zoning Officer, unless the Borough specifically appoints
another official.
Any owner, operator, company, corporation, general agent,
forester, and contractor of property which has trees.
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.
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.
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]
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.
Any woody perennial plant having a diameter greater than
eight inches measured from a point 4 1/2 feet above ground (forestry
method).
A specific plan for replacement of removed trees in accordance
with the provisions of this article.
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.
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.
A.
It is the policy of the Borough to line its streets with trees and
to conduct a consistent and adequate program for maintaining and preserving
these trees. It is the policy of the Borough to encourage new tree
planting on public and private property and to cultivate the forested
character of the Borough.
B.
The Borough, in implementing its various programs and projects, shall
comply with the purpose and policy of this article. In doing so the
Borough shall provide to the Environmental Commission for review and
comment all plans that may affect protected trees, including but not
limited to road improvement projects.
A.
No person shall destroy or remove any tree upon any private or public
land, including the public right-of-way and easements, within the
Borough of High Bridge until a permit has been secured pursuant to
this article or the removal is specifically exempt herein.
[Amended 12-20-2012 by Ord. No. 2012-19]
B.
No approval for a major subdivision in the Borough that involves
the destruction or removal of any tree will be granted until a landscaping
plan and, if necessary in accordance with this article, tree replacement
and reforestation of that parcel, is submitted to and approved by
the Planning Board in consultation with the Environmental Commission.
C.
No person shall destroy or remove any trees from steep slopes or
within 25 feet of a stream on his/her private property unless a permit
has been secured pursuant to this article.
[Added 12-20-2012 by Ord. No. 2012-19]
A.
Any dead or diseased tree that is likely to endanger the occupants,
the public or any adjoining property, subject to verification of its
dead, diseased or endangering status by an official appointed by the
Borough or a certified tree service, may be removed.
[Amended 12-20-2012 by Ord. No. 2012-19[1]]
B.
Any biologically healthy or unhealthy tree on a resident's property
within 20 feet of an existing structure may be removed with the proper
permit.
C.
Any biologically healthy or unhealthy tree may be removed if it is
determined by the Borough-designated tree professional to lead to
an unsafe condition.
D.
Any tree with a diameter less than eight inches measured from 4 1/2
feet above the ground may be removed without a permit and no fee.
[Added 12-20-2012 by Ord. No. 2012-19]
E.
The requirement for a permit is suspended in the case of an emergency
(i.e., a hurricane, a car hitting a tree, a lightning strike) where
the tree becomes a safety hazard and it would be unreasonable not
to immediately rectify the situation. In such a situation, the person
removing the tree is required to take a photo or video of the situation
before removing the tree or any part of it and send it to Borough
Hall within seven days to document the emergency.
[Added 12-20-2012 by Ord. No. 2012-19]
A.
Any person desiring to cut, destroy or remove any tree in excess
of eight-inch caliper shall apply to the officially appointed Borough
official of High Bridge for a permit prior to cutting, destroying,
altering or removing such trees.
B.
The applicant shall identify the land upon which the tree or trees
are located and shall disclose the name and address of the owner,
tenant or duly authorized agent of the owner of the property.
C.
The applicant shall identify and place the location of the tree or
trees to be cut, destroyed or removed.
D.
Applicants with woodland management plans will be required to apply
for a permit, receive approval from the appointed Borough official
and will be responsible for full permit fees.
E.
Residents
are responsible for informing tree services of our tree ordinances.
[Added 12-20-2012 by Ord. No. 2012-19]
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]
A.
Prohibited activities. No person shall:
(1)
Injure, deface, poison or damage any tree located on any undeveloped
or subdividable lot within the Borough;
(2)
Excavate around or remove earth or soil from or cause any water to
flow upon the roots of any tree or any undeveloped or subdividable
lot within the Borough in any manner which may harmfully affect such
tree.
(3)
Place any material, temporary soil deposit, large machinery or equipment
that may cause damage to roots or may compact soil within the drip
line or within six feet of any trees determined or required to be
left standing.
B.
Landscaping plan. A person seeking approval for a major subdivision
on an undeveloped or subdividable lot shall submit to the Planning
Board a landscaping plan in accordance with Section 808 of the Land
Use and Development Ordinance.
C.
Regulated activities. No person shall remove any tree from an undeveloped
or subdividable lot until a tree removal permit has been issued in
accordance with this article.
D.
Responsibilities of owner and contract purchaser. No owner or contract
purchaser of an undeveloped or subdividable lot who employs any person
to perform any work upon such lot shall permit such person to violate
any provision of this article.
E.
Tree replacement and reforestation. Where clearing and/or construction
on an undeveloped or subdividable lot results in removal of or severe
damaging, causing death of any tree other than those permitted to
be removed, the developer shall replace the tree(s) in accordance
with the following table:
|
Caliper of Tree Removal
|
Number of Replacement Trees
| |
|---|---|---|
|
Between 10 and 18 inches
|
4
| |
|
Between 18 and 24 inches
|
5
| |
|
Between 24 and 30 inches
|
7
| |
|
Between 30 and 36 inches
|
10
| |
|
36 inches or greater
|
An equivalent number of two-inch to three-inch caliper trees
to equal the caliper of the tree removed
|
(1)
Replacement tree(s) shall be located on site. If replacement trees
cannot be accommodated on site, the Environmental Commission may consider
suggestions of alternate planting sites and/or monetary contribution
into the Borough Tree Trust Fund.
(2)
The type of replacement tree(s) shall be the same as the species
removed from the site or other as approved by the Environmental Commission.
(3)
The tree replacement plan shall show where the replacement trees
will be located and the proposed planting details and specifications,
including a schedule and plan for watering new plantings to insure
their continued growth.
(4)
Reforestation plan. Lots with tree cover less than 30% shall be required
to plant a minimum of 1.5 trees per 10,000 square feet or less of
open field. The owner or applicant shall have a landscape architect
or licensed surveyor calculate the total required trees to be distributed
in accordance with a landscape plan of the entire project, which shall
be approved by the Environmental Commission.
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.
A.
The applicant at the time of filing said application shall deposit
with the official appointed by the Borough Mayor and Council a fee
for the permit according to the following schedule:
[Amended 3-11-2010 by Ord. No. 2010-7; 12-20-2012 by Ord. No. 2012-19]
(1)
Dead
or dying trees: no fee.
(2)
Trees
within 20 feet of a structure: no fee.
(3)
One
to two trees: free per calendar year.
(4)
Three
to five trees: $30.
(5)
Six
to 15 trees: $300.
(6)
Sixteen
to 50 trees: $1,000.
(7)
Fifty-one
to 100 trees: $3,000.
(8)
One
hundred to 200 trees: $5,000.
(9)
Each
additional increment of 100: $2,000.
B.
If upon reviewing an application, the official appointed by the Borough
determines a tree to be dead or dying, the fee shall be waived.
[Amended 12-20-2012 by Ord. No. 2012-19]
C.
If said determination of the applicant's request is unfavorable,
the official appointed by the Borough shall promptly notify the applicant,
in writing, within 14 days and shall not issue said permit. The applicant
shall, therefore, be entitled to a refund of the fees paid with the
application.
[Amended 12-20-2012 by Ord. No. 2012-19]
D.
In cases where the services of a tree expert are required, the cost
thereof shall be borne by the applicant.
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.
A.
The Mayor
and Borough Council shall promulgate rules, regulations and policies
establishing public tree policy. The duties of the Borough Environmental
Commission shall include:
(1)
To
study the problems and determine the needs of the Borough in connection
with its tree policy.
(2)
To
recommend to the Mayor and Borough Council the type and kind of trees
to be planted upon such Borough streets or parts of Borough streets,
parks or public places.
(3)
To
assist the properly constituted officials of the Borough, as well
as the Mayor, Borough Council and citizens of the Borough, in the
dissemination of news and information regarding the protection, maintenance,
removal, and planting of trees on public and private lands.
(4)
To
make such recommendations from time to time to the Borough Council
as to desirable legislation concerning tree policy and activities
within the Borough.
B.
The official
appointed by the Borough of High Bridge Mayor and Council shall have
the authority and be responsible for implementing the provisions of
this policy carried under this article. The Director of Public Works
shall, by use of Borough employees or private contractors, plant,
maintain and otherwise care for, or, if necessary, remove trees in
any public place in the Borough.
A.
Fines. Any violation of any provision in this article shall be considered
an offense punishable by a fine not to exceed $1,000 for each offense
or imprisonment for a term not exceeding 90 days, or both.
B.
Any person violating this article shall be required to replace each
tree destroyed or removed with nursery grown trees of the same or
similar species having a caliper of not less than two inches.
C.
Each tree removed in violation of this article shall constitute a
separate offense.
D.
Presumptions. In any prosecution for failure to secure a permit prior
to removal the following shall apply:
(1)
The
diameter of the stump of a removed tree shall be rebuttably presumed
to be the diameter of the removed tree at a point 4.5 feet above the
ground.
(2)
If
the stump of a removed tree has been removed or destroyed, it shall
be rebuttably presumed that the tree exceeded the minimum standards
requiring a permit to be secured.
