[Added 3-12-2007 by Ord. No. 2007-3]
This article shall be known as the "Tree Removal and Protection
Ordinance of the Township of Berlin." This article shall apply to
all properties or lots within the Township of Berlin, with the exception
of individual residential lots which are not otherwise the subject
of a subdivision or other development application.
The governing body of the Township of Berlin finds that the
preservation, maintenance, protection and planting of trees aids in
the stabilization of soil by the prevention of erosion and sedimentation;
reduces stormwater runoff and the potential damage it may create;
aids in the removal of pollutants from the air and assists in the
generation of oxygen; provides a buffer and screen against noise and
pollution; provides protection against severe weather; aids in the
control of drainage and restoration of denuded soil subsequent to
construction or grading; provides a haven for birds and other wildlife
and otherwise enhances the environment; preserves and enhances the
Township's physical and aesthetic appearance; and generally protects
the public health and safety as well as the general welfare.
As used in this article, the following terms shall have the
following meanings, as indicated:
The line formed by water dripping from the outermost circumference
of the branches of the tree.
That land under the dwelling and such additional land actually
used in connection with the dwelling, such as land used for lawns,
flower gardens, shrubs, swimming pools, tennis courts and similar
uses customarily accessory and appurtenant to the use of a dwelling,
but in no event less than the minimum single-family dwelling lot size
which may be provided for the zoning district in which the dwelling
is located.
A small tree at least six feet or more at mature height (e.g.,
birch, dogwood, Japanese maple, cherry, crabapple, magnolia, Bradford
pear, willow).
Any person as defined herein having title to or lawful possession
of any lot, plot, or parcel of land within the Township of Berlin.
Any individual, association, partnership, company, corporation,
agency or combination thereof.
A combination of materials to form a construction for occupancy,
use or ornamentation installed on a parcel of land.
A deciduous or evergreen tree with an anticipated mature
height of 20 feet or more (e.g., red, Norway, silver or sugar maple;
sweetgum; London plane tree; American sycamore; white, red or pin
oak; American elm; yellow or white poplar; copper beech, cedar, spruce,
pine, fir or hemlock).
[Amended 4-29-2019 by Ord. No. 2019-3]
No person shall cut down or remove any ornamental tree of a diameter of five inches or more measured at a height of four feet above the ground, nor any other tree of a diameter of 10 inches or more measured at a height of four and 1/2 feet above the ground without a tree removal permit. The applicant shall pay a permit fee as set forth in Chapter 156, Fees.
A.
Application for a tree removal permit shall be made by submission
of the following:
(1)
An application form provided by the Township containing the
following information: the name and address of the applicant; the
street address; the tax lot and block of the property in question;
and the number of trees to be removed.
(2)
The reason(s) for removing the trees.
(3)
The tree removal plan consisting of a diagram showing the location of all trees to be removed, the species of such trees and their diameter, the location of all trees of a size described in § 200-149 to be removed, and location of all existing and proposed structures on the property, together with the distance, that the trees proposed to be removed are located from such structures and from such property lines. A reproduction of the Tax Map or an existing survey modified to provide this information would be acceptable.
(4)
A tree mitigation plan to be reviewed and approved by the Enforcement
Officer. The plan shall consist of a diagram (as described above)
showing the location of all trees to be planted, the species of such
trees and their diameter or size as required.
B.
The applicant shall place a one-inch-wide yellow ribbon around the
trunk of each tree to be removed, at a height of 4 1/2 feet (or
three feet for ornamental trees) above the ground so that the proposed
tree removal may be inspected in the field.
A.
Upon receipt of an application for cutting or removal of trees or
ornamental trees, the Enforcement Officer shall inspect the site on
which the trees sought to be cut or removed are located and shall
evaluate the drainage and other physical conditions existing on the
subject property and adjoining properties. The Enforcement Officer
shall consider the following factors in deciding whether to issue
such permit:
(1)
Whether the proposed cutting or removal would impair the growth
and redevelopment of the remaining trees or ornamental trees on the
applicant's property or adjacent property.
(2)
Whether the proposed cutting or removal would change existing
drainage patterns.
(3)
Whether the proposed removal would allow soil erosion or would
increase dust.
(4)
Whether the proposed removal would constitute a significant
change in the screening between existing or proposed buildings on
contiguous lots or the wooded aspect of the lot as viewed from the
adjacent public road.
(5)
Whether the proposed removal would constitute a horticulturally
advantageous thinning of an exiting overgrown area or the removal
of dead or deceased trees.
(6)
The overall effect of removal of such tree(s) on the physical
and aesthetic value of the property and the neighborhood.
(7)
Whether the area where such tree(s) are located will be occupied
by a building or structure, a driveway, a roadway, or a sewer line,
or whether such area is within 15 feet of any of the foregoing.
(8)
Whether proposed changes in the topography of the area where
such tree(s) are located will have depressed land configuration or
fill of land which shall be deemed injurious to the trees or other
trees located nearby so as to require welling, construction of an
aerification system, or tree or ornamental tree removal or replacement.
(9)
Whether the proposed removal would remediate a safety hazard
to persons or structures.
B.
Permission will be granted for the removal of the following trees
with mitigation:
(1)
Located within the building footprint of a proposed new principal
building other than single-family homes on existing residential lots,
and there is no other feasible location to place the building;
(2)
Located within the roadway right-of-way of a new roadway approved
pursuant to this chapter where it has been determined that there is
no other feasible location for the proposed road;
(3)
Dead, deceased or posing a safety hazard;
(4)
Located within the area of a proposed and approved driveway,
walkway, new utility line, accessory building or any other new structure
where it has been determined that there is no other feasible location
for said improvement; or
C.
Mitigation plan. With respect to the removal of all trees, the Enforcement
Officer shall require a mitigation plan (i.e., the planting of replacement
trees at other locations on the subject property or elsewhere within
the Township). The purpose of such plan shall be the ultimate replacement
on the property of the tree(s) being removed, giving due consideration
to a reasonable maturity period for new plantings, and the maintenance
at all times of at least 20% of the existing trees on a lot in the
existing state. For every tree larger than five inches for ornamental
trees or 10 inches for all other trees which have been removed, the
applicant shall plant at least one two-and-one-half-inch-caliper tree.
The Planning Board has full discretion for the selection of the species
of tree.
D.
Conflict with other laws. Notwithstanding anything in this article
to the contrary, no tree removal shall be permitted where prohibited
by the Zoning Ordinance[2] (e.g., buffer zones and landscaping provisions) or any
other municipal, state or federal statute, ordinance or regulation.
E.
Action. The Township Enforcement Officer, or authorized designee,
must respond to all applications within 15 business days. This time
period may be extended at the discretion of the Township Clerk upon
evidence of extenuating circumstances or other just cause.
F.
Hardship appeal. In the event that the applicant believes the standards set forth in Subsection A above constitute a hardship which prohibits a reasonable use of all or substantially all of the property in question, an applicant may apply to the Planning Board of the Township for approval of an alternate plan, following the established rules of application for such Board.
A.
In connection with any construction, subsequent to tree clearing
but prior to the issuance of a building permit or start of construction,
snow fencing or other protective barrier acceptable to the official
charged with the administration and enforcement of this article shall
be placed around trees that are not to be removed. The protective
barriers shall be placed at least five feet from the trunk of any
tree and shall remain in place until all construction activity is
terminated. No equipment, chemicals, soil deposits or construction
materials shall be placed within any area so protected by barriers.
Any landscaping activities subsequent to the removal of the barrier
shall be accomplished with light machinery or hand labor.
B.
No person shall:
(1)
Cut down or remove any tree except as permitted by this article
or allow or cause such cutting or removal.
(2)
Cause or allow any willful damage, injury or disfigurement of any tree growing within the Township. For purposes of this subsection, the actions of any person shall be deemed willful if the damage, injury or disfigurement of any tree is caused as the result of, but not limited to, the following: cutting, gashing or slitting of any tree, or on the nearby ground, the construction or placement of any nonporous material on the ground around any tree so as to cut off air, light, or water from the roots; or placement or removal of any soil from within five feet of any tree or ornamental tree as defined in § 200-148 above.
(3)
Store or pile building material or debris or place or operate construction equipment or heavy machinery within the dripline of any tree or ornamental tree as defined in § 200-148 above.
(4)
Place salt, brine, oil, chemicals or other substances injurious
to plant growth within the dripline or any other place or manner as
to injure any tree growing thereon or nearby.
(5)
Build a fire or station any tar kettle or engine in such a manner
that heat or noxious fumes will penetrate the dripline of any nearby
tree or ornamental tree.
(6)
Dam or obstruct any watercourse so as to result in flooding
of adjacent wooded areas and thereby cause damage to trees or ornamental
trees therein.
(7)
Plant any tree or any ornamental tree between the sidewalk and
the curb, or plant any tree on or within that portion of the walkway
in or around a homesite which is used for pedestrian travel.
A.
Any tree or ornamental tree growing on private property which is
endangering or, in the opinion of the Enforcement Officer, constitutes
a danger to the public streets or public places or which in any way
endangers the usefulness of a public sewer or public utility shall
be removed or trimmed by the owner of the property within 14 days
after receipt of such notice from the Enforcement Officer. In the
event the property owner fails to remove or trim such tree within
said time, the Enforcement Officer may then remove or trim such tree
and assess the cost thereof against the property owner. Ten days'
prior notice of the hearing before the governing body shall be given
to the property owner and, upon confirmation by the governing body,
such cost shall become a lien on the property and the resolution assessing
such costs shall be recorded with the Township Clerk and the office
of the Township Tax Collector or may be collected by court action.
B.
The decision of the Enforcement Officer shall be based upon the following:
(1)
The condition of the tree(s) with respect to disease and hazardousness,
danger of falling, proximity to existing or proposed structures and
interference with utility services.
(2)
The effect of the removal on the ecological systems.
(3)
The character at the proposed site of removal with respect to
existing vegetation management practice.
This article shall be administered and enforced by the Enforcement
Officer who shall be designated from time to time by resolution of
the Township's governing body.
Any person aggrieved by the decision of the official discharged with the administration and enforcement of this article shall have the right, within 10 days of the issuance of any decision by such official to appeal to the Planning Board for approval of an alternate plan, and such Board shall take action as it deems necessary in either matter. In the event of such an appeal, the procedures set forth with reference to applications based on hardship contained in § 200-151F of this article shall apply.
Any person violating or failing to comply with any of the provisions
of this article shall, upon conviction thereof, be punished by a fine
of not more than $1,000 or by imprisonment in the county jail for
a term not to exceed 90 days, or both, in the discretion of the court.
Each tree removed or damaged in violation of this article shall be
deemed a separate offense.
