[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; 2-24-2021 by Ord. No. 06-2021]
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 $550 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 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]
a.
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.
b.
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.
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The tree preservation plan shall be prepared
and signed by a landscape architect or professional engineer. The
plan shall be drawn to a scale, not exceeding one inch equals 30 feet.
| |
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The tree preservation plan shall contain the
following information:
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2.
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;
3.
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.
4.
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.
5.
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;
6.
Notation to be made to plan that disks and nails are
to be removed after issuance of certificate of occupancy;
7.
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:
a.
The dimensions and square foot area of the lot(s);
b.
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;
c.
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;
d.
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;
e.
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;
f.
The existing and proposed topography of the lot(s)
at two-foot intervals;
g.
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);
h.
The dimensions and square foot of any proposed planted
area(s) on the lot(s);
i.
The percentage of square feet devoted to proposed
planted area(s) in relation to the number of square feet comprising
the lot(s);
j.
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.
a.
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.
b.
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; 6-28-2023 by Ord. No. 06-2023]
a.
Substitutions
may be permitted upon the written approval of the Shade Tree Commission.
b.
The use
of stone for ground cover in commercial landscaping applications will
be reviewed on a project-by-project basis by the Ramsey Shade Tree
Commission before a decision is made. The use of stone for ground
cover in nonvehicular open space areas would be for dealing with erosion
control, grade/slope severity and swales. Curbing should be used in
order to prevent any material displacement along with landscape fabric
to discourage unwanted weed growth. The planting of low spreading
groundcover such as juniper to eventually grow to cover the stone
is required. The loose stone shall be solid mineral material with
round edges, two inches to five inches in diameter, similar in appearance,
color, and type with no quarry stone permitted. Acceptable stone would
be, but not limited to the following:
[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.
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.
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:
a.
Cut, destroy, remove, or substantially injure any
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
tree.
c.
Apply any substance to any part of a tree, including
roots, with the intention to injure or destroy the tree.
d.
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:
a.
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.
b.
Trees located on a commercial nursery or orchard.
c.
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.
d.
The cutting, pruning, or trimming of trees in a manner
which is not harmful to the health of the tree.
e.
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.
f.
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.
g.
The cutting, removal, or destruction of any tree pursuant
to an order or directive of any municipal, county or state agency,
or court.
h.
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:
a.
Identify by street, block and lot number, the land
upon which the tree(s) are located.
b.
Provide the name, address and telephone number of
the owner or duly authorized agent of the owner, where applicable.
c.
Identify, and place on the site plan application,
the location of the tree(s) sought to be cut, removed or destroyed.
d.
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.
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The applicant at the time of filing the application
shall pay to the Shade Tree Commission an application fee of $25.
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[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.
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The Construction Official, except in accordance
with the provisions of N.J.S.A. 40:55d-20 (exclusive authority of
Planning Board and Board of Adjustment), shall not issue a building
permit until a tree removal permit has been issued and approved in
accordance with the provisions of this section.
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[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:
a.
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.
b.
Materials, machinery or temporary soil deposits may
be placed within 12 feet of the building.
c.
In the proximity of any impermeable surface, the protective
barriers may be placed upon the border of driveways, recreation areas,
and parking areas.
d.
Materials, machinery, temporary soil deposits may
be placed within the dripline upon impermeable surfaces only.
e.
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:
a.
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.
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 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; 6-28-2023 by Ord. No. 07-2023]
Any tree destroyed or removed in violation of
this section shall be replaced by the owner and/or contractor, landscaper,
tree removal service with another tree in accordance with Paragraph
a of this section. In the event that said 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 above.
a.
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.
b.
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:
|
Borough of Ramsey Tree Restoration Fund
Schedule
(Subsection 20-5.13)
| ||
|---|---|---|
|
Removal of One
|
Number of Replacement Trees Required
(Purchase and Planting Cost)
| |
|
4" to 6" caliper tree
|
1
|
6" caliper
|
|
7" to 12" caliper tree
|
2
|
6" caliper
|
|
13" to 18" caliper tree
|
3
|
6" caliper
|
|
19" to 24" caliper tree
|
4
|
6" caliper
|
|
25" to 30" caliper tree
|
5
|
6" caliper
|
|
31" t0 36" caliper tree
|
6
|
6" caliper
|
|
37" to 42" caliper tree
|
7
|
6" caliper
|
|
43" to 48" Caliper tree
|
8
|
6" caliper
|
|
49" + caliper tree
|
9
|
6" caliper
|
c.
Replacement and treatment of trees which are destroyed
as a result of vehicular accident.
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In the event that any tree within the Borough
right-of-way or on Borough property is destroyed as a result of a
vehicular accident, the operator of the vehicle shall pay for the
removal of the tree and stump as well as the planting of similar type
and caliper replacement tree, to be determined by the Shade Tree Commission,
at the prevailing price for such shade tree.
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If a tree has been damaged and it has been determined
by a member of the Shade Tree Commission that the tree may die, the
operator of the vehicle shall submit funds for a possible replacement
tree for one year.
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The operator shall be responsible for all future
price increases for such shade tree. If it is determined that no tree
will be required after a sufficient period of time, the funds collected
shall be returned to the operator.
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The Construction Official may order any tree
work, or other activity which is carried on in violation of any tree
removal permit or any provision of this section 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 section.
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[Ord. No.
30-2000 § 10]
Utility companies shall be governed by the following
additional requirements in connection with tree removal, pruning and
trimming:
a.
No person shall string any wires in or through a public
park or Borough right-of-way, easement, or park without a permit.
b.
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.
c.
No person shall, without a permit, attach or fasten
any wire, insulator, or other device for holding any wire to any tree.
d.
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.
e.
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.
f.
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.
a.
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.
b.
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.
c.
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.
d.
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.
e.
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.
f.
No person shall do any excavating within four feet
of any listed remaining tree without a permit.
g.
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.
h.
No person shall, without a permit, do any of the following
acts:
1.
Cut, prune, break, injure, remove, disturb, or interfere
in any way with any tree;
2.
Spray with any chemical any tree or near a tree to
cause injury or death to said tree;
3.
Fasten any rope, wire, sign or other device to a tree
or to any guard above such tree;
4.
Remove or injure any guard or device to protect any
tree;
5.
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]
a.
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.
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.
[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.
a.
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.
b.
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.
c.
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.
a.
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.
b.
BUFFER
COMMERCIAL FARM
FERTILIZER
IMPERVIOUS SURFACE
PERSON
PHOSPHORUS FERTILIZER
SOILS TEST
WATER BODY
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.
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.
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.
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.
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.
A surface water feature, such as a lake, river, stream, creek,
pond, lagoon, bay or estuary.
No person may do any of the following:
a.
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.
b.
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.
c.
Apply fertilizer within the buffer of any water body.
d.
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).
a.
No person may do the following:
1.
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.
b.
Exceptions.
1.
Application of phosphorus fertilizer needed for:
(a)
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.
(b)
Reestablishing or repairing a turf area.
2.
Application of phosphorus fertilizer that delivers liquid or granular
fertilizer under the soil's surface, directly to the feeder roots.
3.
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.
