[HISTORY: Adopted by the Township Committee of the Township of South Hackensack 11-10-2010 by Ord. No. 2010-08.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 208.
[1]
Editor's Note: The provisions of this local law were originally adopted as Ch. 209 but were redesignated to fit into the organizational structure of the Code.
A. 
The Township Committee of South Hackensack has determined that it is necessary to maintain the Township's tree stock so as to preserve the quality of life in South Hackensack because of its important role in maintaining the mature tree inventory, as well as preventing soil erosion and controlling drainage.
B. 
This chapter preserves and perpetuates the Township's tree stock through providing regulatory control over removal of trees which have attained a specific minimum size and to provide for orderly replacement plans by property owners or their agents.
For the purposes of this chapter, the below terms have the following defined meanings:
APPROVED REPLACEMENT TREE
Any tree set forth on the list of trees prepared annually by the Shade Tree Commission in accordance with the powers and duties set forth in § 182-13B herein.
[Added 3-8-2018 by Ord. No. 2018-02]
B&B (BALLED AND BURLAPPED)
A method of excavation in which the subject tree is removed along with soil surrounding its roots and such soil and roots are wrapped and laced.
CIRCUMFERENCE AT POINT OF MEASUREMENT or CPM
The circumference of a tree measured at a point on the tree six inches from ground level on the downhill side.
[Amended 4-4-2013 by Ord. No. 2013-01]
EMERGENCY REMOVAL
A removal which is necessitated by any event, whether natural or man-made, which requires the immediate removal of a regulated tree because it has been determined that such tree presents an imminent hazard to the public's safety. Such determination shall be made by a certified arborist, the Township engineer or the Shade Tree Commission. Additionally, if in the opinion of emergency service personnel (police, fire or other emergency personnel) there appears to be an imminent threat to property or the public safety, the commanding officer of said department may order the immediate removal of a regulated tree or any portion thereof.
GREENBELT
The area from the curbline to the front facade of any structure. Where the side facade is perpendicular to the curbline, such as a corner lot, said area shall be considered to be in the greenbelt.
[Added 3-8-2018 by Ord. No. 2018-02]
PROJECT
Any undertaking whatsoever which would involve potential damage to or which may result in the planned or unplanned removal of regulated trees. Such projects shall include, but not be limited to, new construction, modifications of existing structures, grade modification and drainage improvement works, except for those exempted in this chapter.
REGULATED TREE
Any tree located in the greenbelt as the same is defined herein which has attained at least 30 feet in height or a CPM of at least 12 inches prior to any limb removal or other such activity.
[Amended 4-4-2013 by Ord. No. 2013-01; 3-8-2018 by Ord. No. 2018-02]
REMOVAL
Any activity which results in the cutting down completely or substantially eliminates a living regulated tree from the Township’s tree stock. For purposes of this chapter "substantially eliminates" shall mean the pruning or removal of more than 20% of the tree including diseased and live branches. Said determination shall be made by the Shade Tree Commission or its representative in their sole and absolute discretion.
[Amended 4-4-2013 by Ord. No. 2013-01]
REMOVAL PERIOD
A period of time beginning on the date of a decision rendered under this chapter requiring action and ending upon a date eight months thereafter.
[Amended 4-4-2013 by Ord. No. 2013-01]
REPLACEMENT PLAN
A plan developed in accordance with and conforming to the provisions of this chapter which has been approved by the Shade Tree Commission. In the event of removal of any regulated tree by the Township set in the area between the curbline and the sidewalk, the Township shall have a period not to exceed one year to replant an approved replacement tree.
[Amended 4-4-2013 by Ord. No. 2013-01; 3-8-2018 by Ord. No. 2018-02]
REPLACEMENT TREE
A nursery-grown certified, balled and burlapped tree bearing a durable label upon which the following data is set forth: genus, species, variety, watering and fertilization requirements.
SITE PLAN
A plan as defined by the Township's Municipal Land Use Ordinance.[1]
[1]
Editor's Note: See Ch. 192, Subdivision and Land Development.
[Amended 4-4-2013 by Ord. No. 2013-01; 3-8-2018 by Ord. No. 2018-02]
With the exception of the exemptions set forth in this chapter, no person shall cut, prune or remove or cause to be cut, pruned or removed any regulated tree upon the lands within the Township of South Hackensack unless said cutting, pruning or removal is performed in strict accordance with the provisions of this chapter and ANSI 300 standards.
A. 
Project permit application submission. A tree removal project permit application shall be submitted to the Shade Tree Commission.
[Amended 4-4-2013 by Ord. No. 2013-01]
B. 
Application contents. An application for applying for and issuing a tree removal project permit shall consist of the following.
(1) 
The name and address of the owner of the land;
(2) 
The description of the lands in question, including the lot and block numbers of the land as shown on the current Tax Map of the Township of South Hackensack;
(3) 
The purpose or reason for removing the tree(s);
(4) 
The quantity, caliper size and species of tree(s) to be removed;
(5) 
The proposed dates for commencement and completion of the project;
(6) 
Name and address of the person having express charge, supervision, and/or control of the proposed removal of tree(s);
(7) 
A written statement of plans for the proposed replanting of trees as required herein;
(8) 
A statement granting permission to Township officials or their employees to enter the premises and make surveys and inspections as the work progresses; and
(9) 
A tree replacement plan that includes quantity, caliper size and species of tree(s) to be replanted.
C. 
The Shade Tree Commission shall review the application to determine whether such project complies with this chapter and shall provide written notice to the applicant indicating one of the following determinations:
[Amended 4-4-2013 by Ord. No. 2013-01]
(1) 
The project permit is granted;
(2) 
The project permit is granted subject to the prescribed conditions attached to such notice; or
(3) 
The project permit is denied, in which event the written notice shall state the reasons for said denial and shall advise the applicant of its right to appeal to the Township Committee within 20 days of said denial. Failure to file an appeal within said time frame shall be deemed a waiver of such right.
D. 
The Shade Tree Commission shall make the foregoing determination and prepare and furnish the foregoing notices within 60 days following the submission of a complete application.
[Amended 4-4-2013 by Ord. No. 2013-01]
E. 
Failure of the Shade Tree Commission to make such determination within the said sixty-day period and any extension granted by the applicant shall be deemed an approval of the project.
[Amended 4-4-2013 by Ord. No. 2013-01]
F. 
Any proposed change in the approved project shall be submitted to the Shade Tree Commission for approval in the same manner as the original application for approval of the project.
[Amended 4-4-2013 by Ord. No. 2013-01]
G. 
The applicant shall maintain a copy of the approved project at the project location which shall be available for inspection.
[Amended 4-4-2013 by Ord. No. 2013-01]
A. 
A site plan on a scale of one inch equals 30 feet or less showing the location of existing trees and clearly marked property boundaries. There shall be a list of the number and species of tree inventoried. The site plan shall include the lot and block numbers, street address, if assigned, and a certification of compliance with the chapter.
B. 
Locations of streams and other watercourses.
C. 
Locations of slopes of greater than 10% where any tree removal is proposed. The location on the tract where the tree removal is to take place; the total acreage of the tract; the total number of species of existing trees with a DPM of eight inches or greater on the tract.
D. 
The total number of species of tree with a DPM of eight inches or greater which are to be removed. All specific plans for replacement of removed trees shall be based upon the following requirements
(1) 
The replacement trees shall be planted on the property where the trees were removed or in a location designated by the Township Engineer.
(2) 
The species of trees that are to be replaced shall be approved by the Township Engineer.
Size of Tree Removed
(inches DPM)
Number of Replacement Trees With at Least 2 1/2 Inches DPM
Eight, but less than 12 (8" to 12")
1
More than 12, but less than 18 (12" to 18")
2
More than 18, but less than 24 (18" to 24")
3
More than 24, but less than 36 (24" to 36")
4
More than 36"
To be determined in consultation with the Township Engineer after consideration of the project, but in any event, not less than 6
E. 
Any new residential construction shall include a plan for the planting of at least two shade trees approved as to location, type and size by the Shade Tree Commission and shall avoid placement under utility wires and in areas which would be prone to root disturbance of sidewalks or curbs. Any alteration of addition to a residential structure that exceeds 500 square feet shall include a plan for the planting of at least one shade tree approved as to location, type and size by the Shade Tree Commission.
F. 
Any plan for new construction or alteration of commercial or industrial building which exceeds 500 square feet shall include a plan, in addition to the tree replacement plans set forth herein, for the planting of one shade tree for each 500 square feet of construction up to 5,000 square feet and one tree for each 1,000 square feet of new construction or alteration thereafter. The location, type and size of the shade tree shall be approved by the Shade Tree Commission.
[Amended 4-4-2013 by Ord. No. 2013-01]
In certain circumstances, the Shade Tree Commission may authorize a contribution to the Township’s Shade Tree Commission Tree Fund in lieu of planting replacement trees on site where it determines that the purposes of this chapter would be furthered thereby. Such contribution shall bear a reasonable relationship to the cost of planting trees which would otherwise be required in § 182-6 of this chapter, but in no case shall be less than $300 per required tree.
The following shall be exempt from the requirements of this chapter.
A. 
Commercial nurseries.
B. 
Pruning within the right-of-way by utility companies for maintenance of utility wires or pipelines. The utility company shall notify the Township Engineer prior to commencing such work.
C. 
Trees that are deemed to be removed by the Township that are on or over a public right-of-way.
D. 
Public park lands owned by the Township of South Hackensack .
E. 
Any projects that have received building permits prior to enactment of this chapter.
F. 
Trees that are deemed to be removed as part of a municipal project.
G. 
Emergency removals.
H. 
Conditional exemptions: trees located upon private property and outside the greenbelt as defined herein. The proposed removal or pruning of said trees shall be reported to the Township in advance of any such activity. An administrative fee of $5 shall be charged. Anyone who removes a tree under this exemption shall be subject to the following schedule for tree replacement/tree bank contribution for each tree removed.
[Added 3-8-2018 by Ord. No. 2018-02]
Size/Diameter
(inches)
Number of Replacement Trees
Replacement Tree Size
(inches)
Tree Bank Contribution
Greater than 12 to 16
2
2 to 2 1/2
$560
Greater than 16 to 23
3
2 to 2 1/2
$840
Greater than 23 to 30
4
2 to 2 1/2
$1,120
Greater than 30
5
2 to 2 1/2
$1,400
No permit shall be issued for the removal of any tree within the minimum planting areas set forth in the Zoning Ordinance of the Township of South Hackensack[1] unless the Township Engineer determines that such removal is necessary.
[1]
Editor's Note: See Ch. 208, Zoning.
An application for a tree removal permit shall be accompanied by the required fee as set forth below:
A. 
Permit for each tree removal: $50.
B. 
An escrow shall be established in the minimum amount of $300 per tree to be removed and replaced or planted in accordance with this chapter which shall be retained until such time that the tree replacement or planting plan is completed. In the event that the tree replacement or planting plan is not completed within eight months of approval plus any extension granted by the Shade Tree Commission, the Township may use such escrow to complete the tree replacement or planting plan or in lieu thereof deposit said escrow in the Shade Tree Fund. Said fees shall not apply in the event that the Shade Tree Commission or its designated agent has determined that a tree should be removed due to disease, death or excessive damage. The elimination of a fee in said instance does not, however, negate the obligations set forth in this chapter for tree replacement and/or tree bank contribution.
[Amended 4-4-2013 by Ord. No. 2013-01; 3-8-2018 by Ord. No. 2018-02]
C. 
Any application for site plan, subdivision or variance approval shall include a fee equal to $100 per 1,000 square feet of proposed space to be built or renovated or land to be subdivided to be paid by the applicant.
D. 
All funds collected pursuant to this chapter shall be segregated into a special fund designated as the "Township of South Hackensack Shade Tree Commission Fund" which shall be maintained at the Township's designated financial institution and administered by the Township Treasurer. Expenditures from said fund shall be authorized by the Township Committee and may or may not be upon the recommendation of the Township Shade Tree Commission.
Three members of the Board shall be appointed for four-year terms, two members for three-year terms and two members for two-year terms. The Board shall organize annually and elect one of its members as chairperson and appoint a secretary who may or may not be a member of the Board.
The Board shall have the power to:
A. 
Prepare a planting plan for the Township-owned lands and parks, including a budget for the implementation of the same.
B. 
Designate the types of trees to be planted on certain lands and areas of the municipality which the Township Engineer will adhere to in the implementation of this chapter.
C. 
Regulate and control the use of the ground surrounding the shade and ornamental trees which are the subject of this chapter.
D. 
Move or require the removal of any tree or part thereof if the Board determines it to be dangerous to the public safety, at the owner's expense.
E. 
Remove any tree or part thereof at the request and expense of the owner.
F. 
Exercise full control over the regulation and care of shade and ornamental trees and shrubbery now located or which may hereafter be planted in accordance with this chapter.
G. 
Prepare a yearly plan and recommendation to the Township Committee as to proposed use and expenditure of funds collected pursuant to this chapter.
H. 
Hear appeal of nonemergency decisions made by the Township engineer. Said appeal shall be taken by filing with the board within 20 days of the date of the Township Engineer's decision a statement setting forth the basis of said appeal and a proposed alternate plan of compliance with or waiver from the terms of this chapter. The board shall render its decision on any such appeal in writing within 60 days of the date of submission of an appeal compliant with this chapter.
Any person who violates any provisions of this chapter shall be liable for a fine not to exceed $1,000 or imprisonment for a term not in excess of 90 days, or both.