[Adopted 11-19-2012 by Ord. No. 1773]
A.
The Mayor and Council of the Borough of River Edge finds that the
preservation, protection, and planting of trees and other plants conserves
and enhances the Borough's physical and aesthetic appearance,
and generally protects the public health and safety and general welfare.
B.
The intent of this article is to limit the adverse impact of damage
and removal of Borough trees associated with construction. This article
preserves and perpetuates the Borough's tree stock located on
public property and within the public right-of-way, through the establishment
of regulatory controls for the preservation of street trees.
As used in this article, the terms hereinafter set forth shall
be defined and deemed to have the following meanings:
A cash deposit in United States currency, bank or certified
check made out payable to the Borough of River Edge.
The Board of Shade Tree Commissioners of the Borough of River
Edge including any of its duly appointed members and any of its duly
authorized agents.[1]
The gross floor area of a principal structure or building
measured from exterior walls of the building or principal structure.
The International Society of Arboriculture.
Any road, easement, passageway or area under the jurisdiction
and control of the Borough of River Edge.
Any undertaking involving new construction or development
of existing residential property affecting 50% or more of the existing
gross floor area said property, 50% or more of the existing floor
area or demolition of an existing principal building affecting 50%
of the total gross floor area.
Any living woody perennial plant having a diameter greater
than 1 1/2 inches measured at a point four inches above the base of
the root flare. This definition shall apply to any tree situated in
or along any public property, park, field, public right-of-way, easement
or encumbrance under the ownership and control of the Borough of River
Edge. The term "regulated tree" shall also mean public tree(s) as
provided in the context within the article.
[Amended 8-4-2014 by Ord. No. 1812]
"Trust Other Fund - Dedicated Shade Tree Commission Escrow
Account" and is the dedicated depository account of the Shade Tree
Commission for tree permit fees, tree replacement fees, expert fees
and cash landscape bonds.
[Added 2-19-2013 by Ord. No. 1779]
[1]
Editor's Note: The former definition of “diameter breast
height (DBH),” which immediately followed this definition, was
repealed 8-4-2014 by Ord. No. 1812.
A.
Any person undertaking a regulated project shall secure a tree protection
permit from the Shade Tree Commission and will provide the Borough
of River Edge with a cash landscape bond in the amount of up to $5,000
for each Borough of River Edge street tree adjacent to on said property
for a duration of up to a maximum of three years starting from the
time a certificate of occupancy is issued. After two years, the tree/trees
will be evaluated by the Commission, and based upon the evaluation,
the Commission will determine whether the cash bond be extended or
utilized to remove and replace any or all of the Borough of River
Edge trees at on said property. Valuation of trees shall be based
upon current ISA standards.
B.
In the undertaking of a regular project, the owner, contractor or
other person in charge thereof shall place such guards around all
nearby trees as will effectually prevent injury to such trees.
C.
All deposits from this section shall be deposited into the Shade
Tree Replacement Fund.
[Added 2-19-2013 by Ord. No. 1779]
A.
Project permit application submission. Upon filing of a demolition
or building permit for a regulated project, a tree protection project
permit shall be required for the removal and/or protection of public
trees. A permit application for the removal and/or protection of said
trees shall be submitted to the Shade Tree Commission for review.
B.
Application contents. An application for a tree removal and protection
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 Borough
of River Edge; a survey or plot plan locating public and private trees;
tree location placed on existing survey or plot plan need not be certified
by any licensed professional.
(3)
The quantity, DBH caliper size, location and species of regulated
tree(s).
(4)
The proposed dates for commencement and completion of the project.
(5)
Name and address of the person having express charge, supervision,
and/or control of the proposed protection or removal of tree(s).
(6)
A tree protection plan.
C.
Application review.
(1)
The Shade Tree Commission or its designee shall review the project
permit application to determine applicability with this article. The
Shade Tree Commission shall then provide written notice to the applicant
indicating one of the following determinations and the valuation of
regulated trees and landscape bond amount:
(2)
The Shade Tree Commission shall render a decision on a project permit
application and furnish the required notices within 30 calendar days
following submission of a completed application.
(3)
Failure of the Shade Tree Commission to render a decision within
the thirty-day period, or within any extension of time granted by
the applicant, shall constitute and have the same effect as an approval
of the application.
(4)
Any proposed change in the approved project shall be submitted to
the Shade Tree Commission. The Shade Tree Commission's determination
concerning the approval of the amended project shall be determined
in the same manner as an original application for a protection permit.
(5)
The applicant shall maintain a copy of the approved protection permit
at the project location. A copy of the protection permit shall be
available for inspection by a representative of the Shade Tree Commission.
(6)
Cash landscape bonds must be submitted and posted prior to the start
of the project. It shall be the responsibility of the permit holder
to make the cash deposit.
(7)
Appeals.
(a)
The valuation determinations and decisions of the Shade Tree
Commission shall be reviewable on written appeal to the Mayor and
Council. Said appeal shall be filed within 21 days of written notice
of the decision of the Shade Tree Commission. The appeal before the
Mayor and Council shall be a de novo hearing in which the Shade Tree
Commission shall produce testimony supporting disputed tree valuations
or actions.
(b)
In the event of a dispute concerning the release of a cash landscape
bond, said dispute shall be submitted to the Mayor and Council for
final resolution and direction.
D.
Jurisdiction. The Shade Tree Commission shall have jurisdiction concerning
the assessment, protection or removal of regulated trees on public
property. The protection assessment of regulated trees may be determined
based upon the appraisal of a trained forester or licensed tree expert
or a member of the Shade Tree Commission.
An application for a tree protection permit shall be accompanied
by the required fees as set forth below:
A.
Administration or application fee for the processing of each tree
removal permit is $25. Any subsequent application or request shall
be subject to the same fee requirement.
B.
Escrow deposit where Shade Tree Commission determines that a tree
expert is needed for tree evaluation. Expert fees incurred by the
Commission shall be the responsibility of the applicant.
C.
All deposits from this section shall be deposited into the Shade
Tree Replacement Fund.
[Added 2-19-2013 by Ord. No. 1779]
A.
The enforcement of this article shall be under the jurisdiction of
the Shade Tree Commission or as delegated to the Borough's Code
Enforcement Officer.
B.
Any person who violates any provisions of this article shall be liable
for a fine as permitted by N.J.S.A. 40:64-12. In addition, the court
may require restitution for any destroyed and/or damaged tree, including
the cost of removal.
If any sentence, section, clause or other portion of this article,
or the application thereof to any person or circumstances, shall for
any reason be adjudged by a court of competent jurisdiction to be
invalid, such judgment shall not affect, impair or repeal the remainder
of this article.
All ordinances or parts thereof inconsistent herewith are hereby
repealed to the extent of such inconsistency.
This article shall take effect immediately upon final passage
and publication as required by law.
