[Added 3-19-2013 by Ord. No. 1562]
A.
The indiscriminate, unnecessary and excessive removal of trees upon
land, both developed and undeveloped, may result in increased surface
runoff and soil erosion, increased soil erosion and sedimentation,
decreased fertility of the soil, degradation of water resources, decreased
groundwater recharge, increased buildup of atmospheric carbon dioxide,
the establishment of a heat island effect, and increased dust and
pollution, thereby increasing municipal costs for the control of drainage.
Excessive removal and destruction of trees also damages the aesthetic
value of existing residential areas and impairs the stability and
value of improved and unimproved real property, with accompanying
deterioration of conditions thereby affecting the health, safety and
general welfare of the inhabitants of the Borough.
B.
It is recognized that there is a strong interrelationship between
the integrity of Borough water resources, development on steep slopes,
tree removal, soil disturbance, stormwater management and the general
use of the land resources. Fewer trees throughout the Borough also
correlates with increased air pollution. The appropriate management
of these resources is an important health, safety and general welfare
concern. Managing the Borough's tree resources is consistent with
its state-approved Community Forestry Management Plan.
For the purpose of this article, the following words shall have
the meanings indicated:
A parcel of land upon which a building has been or may be
erected in accordance with this chapter.
A plan developed by the Borough outlining the goals and objectives
for managing trees on Borough property with the intent of minimizing
liability to the Borough and maximizing the useful life of the tree
resource. The plan is to be approved by the New Jersey Department
of Environmental Protection, Division of Parks and Forestry, Forest
Service.
The diameter of a tree measured four feet six inches above
the ground level.
The extent to which the leaves and outer branches extend
outward from the trunk to a point on the ground at which a line drawn
vertically from the leaves furthest from the trunk touches the ground.
The detachment and movement of soil or rock fragments by
water, ice, wind and gravity.
The lot area as provided in this article for which tree replacement
shall not be required.
Four- or six-inch agricultural tile or split sewer pipes
are laid in a wheel-and-spoke design with the tree as the hub. The
radial lines of the tile near the tree should be at least one foot
higher than the ends joining the circle of tile. A few radial tiles
should extend beyond the circle and should slope sharply downward
to ensure good drainage. An open-jointed stone or brick well is then
constructed around the trunk up to the level of the new fill. The
inner circumference of the stone well should be about two feet from
the circumference of the trunk. Six-inch bell tiles are placed above
the junction of the two tile systems, the bell end reaching the planned
grade level, and stones are placed around the bell tiles to hold them
erect. All ground tiles are covered with small rocks and cobblestones
to a depth of 18 inches.
A tree is hazardous if it is an imminent hazard and a threat
to the safety of persons or property. If a tree possesses a structural
defect that may cause the tree or part of the tree to fall on someone
or something of value (i.e., "target"), and the condition is determined
to be imminent, the tree is considered hazardous.
Any property on which a residential structure exists at the
time of the tree removal.
A species of tree that is nonnative to the ecosystem under
consideration and whose introduction causes or is likely to cause
economic or environmental harm or harm to human health. Tree of heaven
(Alanthus altissima) and Norway maple (Acer platanoides) are examples
of invasive trees in the Borough of Franklin Lakes.
Any tree, whether dead or alive, having a single or multistemmed
trunk with a diameter at breast height (DBH) of seven inches or greater,
or, where the tree's height or the remainder of the tree (the stump)
is less than four feet six inches in height, the measurement shall
be taken at the highest point of the trunk. Trees that grow out of
one root system, with two or more trunks, that divide below DBH, will
be counted as two or more trees. A multistemmed trunk that splits
below four feet six inches will be counted as two or more trees.
A fund established for the maintenance, repair, replacement,
and planting of trees on public property throughout the Borough. The
fund may be utilized for the administration and promotion of tree
and shrubbery resource sustainability projects and practices consistent
with the Community Stewardship Incentive Program as outlined in the
New Jersey Shade Tree and Community Forestry Assistance Act.[1] The Tree Escrow Fund shall be administered by the Mayor
and Council, following referral and recommendation by the Shade Tree
Commission.
A specific plan adopted by the Borough for the location and
placement of trees on public property.
The permit issued by the Shade Tree Commission or the Tree
Specialist to remove or destroy a tree or trees located on any improved
land or vacant or unimproved property, as defined in this section.
The permit shall be valid for a period of 90 days.
A specific plan for replacement of removed trees in accordance
with the provisions of this article.
Privately owned land upon which no home has been completely
built, and for a period of two years after the certificate of occupancy
is issued.
A plan for the management of timbered or forested lands approved
by the New Jersey Department of Environmental Protection, Forest Service,
or similar state or federal agency.
[1]
Editor's Note: See N.J.S.A. 13:1L-17.1 et seq.
[Amended 6-19-2018 by Ord. No. 1742]
A.
No tree shall be removed, damaged or destroyed on any land, whether
improved, unimproved, commercial or residential, within the Borough
without the issuance of a proper tree removal permit as described
herein.
B.
In accordance with the provisions of the Tree Experts and Tree Care
Operators Licensing Act, N.J.S.A. 45:15C-11, et seq. ("the Act"),
if an applicant is utilizing a business engaged in providing tree
care services for hire which does not fall under the exemptions set
forth in the Act, the application for a tree removal permit shall
include the following information:
(1)
Name and address of the tree care business;
(2)
Business registration number;
(3)
Name and license number of the licensed tree expert (if applicable);
(4)
Name and license number of the licensed tree care operator (if
applicable); and
(5)
Copy of applicable license if required by the tree specialist.
[Amended 12-17-2019 by Ord. No. 1810]
A.
Purpose. The goal of tree removal permit requirements is to maintain
the forest canopy in the Borough of Franklin Lakes. The Borough of
Franklin Lakes is a forested community and maintenance of the existing
trees is important. Tree removal permit requirements help maintain
the forest canopy. Some trees need to be protected from indiscriminate
removal.
B.
Unless tree removal is being considered as part of a development
application before the Planning Board or Zoning Board, the Construction
Official or Tree Specialist shall issue a permit for removal of trees:
(2)
Where the total number of trees to be removed is less than 10% of the total number of trees on the property, including trees to be removed pursuant to Subsection B(1) hereinabove; provided however that, if the total number of trees to be removed pursuant to Subsection B(1) is 10% or more of the total number of trees on the property, then the property owner may remove the number of trees as is permitted pursuant to Subsection B(1). Except as otherwise provided for tree removal pursuant to Subsection B(1), no more than 10% of the total number of trees on the property may be removed within any five-year period.
(3)
For any tree that is hazardous, dead or dying.
(4)
For any tree that is invasive, except that replacement trees shall be required in accordance with Subsection D of this section.
(5)
For any tree or trees removed or cut in accordance with a Woodland
Management Plan or a Forest Stewardship Plan that has been approved
by the New Jersey Forest Service, provided that such plan is filed
with the Construction Official, Tree Specialist, Shade Tree Commission
and Tax Assessor.
(6)
For any tree or trees removed or cut in accordance with an approved
conservation plan prepared by the Soil Conservation District, provided
that such plan has been filed with the Shade Tree Commission and Tax
Assessor.
(7)
For any tree or trees planted and grown for commercial purposes
on property used as a commercial nursery, tree farm, garden center,
Christmas tree plantations or tree orchards.
(8)
For any tree growing in a utility right-of-way or fire trail
subject to the approval of the Shade Tree Commission.
C.
The Construction Official or Tree Specialist may not issue a permit
for removal of trees within the street right of way (generally within
10 feet from the curb or edge of pavement), except for any tree that
is hazardous, dead or dying. Trees within 10 feet of the curb or edge
of pavement along a street may only be removed with approval of the
Shade Tree Commission.
D.
An applicant may apply to the Shade Tree Commission to remove trees in addition to those permitted under Subsection B hereunder. The Shade Tree Commission may, in its discretion, require that the applicant provide written notice to adjoining property owners of the application under this subsection. For purposes of this section, adjoining property owners shall not include property owners across a street. An application to the Shade Tree Commission under this subsection shall include the information required under Subsection E of this section and the Shade Tree Commission may require a site plan which complies with the site plan requirements set forth in Subsection B of § 453-10 of this chapter for a tree removal application submitted to the Planning Board or Zoning Board. In reviewing the application for tree removal, the Shade Tree Commission shall consider the criteria set forth in Subsection D of § 453-10 of this chapter for a tree removal application submitted to the Planning Board or Zoning Board. The Shade Tree Commission shall provide a written report to the Mayor and Council of all decisions made in accordance with this Subsection D.
F.
Application. An application for a permit for removal or destruction
of any tree under this section shall contain the name of the applicant,
the name of the owner, consent of the owner if the applicant name
is different than the owner, the name and address of the tree service,
the reasons for the removal or destruction, and a sketch of the property
which shall include the location, size and species of trees proposed
for removal, and such further information as may be required by the
Construction Official or Tree Specialist. An application for tree
removal shall be reviewed and decided by the Construction Official
or Tree Specialist within 14 days of the submission of a complete
application.
[Amended 12-17-2019 by Ord. No. 1810]
A.
Where tree removal or replacement is part of a development application
before the Planning Board or Zoning Board, the application for tree
removal shall be made to the Planning Board or Zoning Board.
B.
Site plan. Unless waived by the Planning Board or Zoning Board, a
formal site plan as prepared by a licensed engineer or survey shall
be required with the application, containing the following information:
(1)
The location of the position of all trees as defined herein,
including trees within 50 feet of the limit of disturbance of any
proposed streets, underground or aboveground utility lines, and structures.
(2)
The identity of the species and the quantity of each species
of trees which are to be removed or disturbed and including the dripline
circumference.
(3)
List of the specific proposals for replanting, if applicable.
C.
Referral to other agencies. The Planning Board or Zoning Board shall
refer all tree removal applications to the Tree Specialist for review
and comment. The Tree Specialist's report shall be submitted to the
Board within 30 days of receipt of same. The Board shall consider
but not be bound by the above-noted referral reports.
D.
Standards for Planning Board or Zoning Board review. The Board may allow the removal of trees where the Board has made findings of fact in connection with the removal of trees based on consideration of the following criteria, the purposes of this article as set forth in § 300-147, and any relevant report or comment received from the referrals noted above:
(2)
Where the failure to remove the trees will create an unreasonable
hardship or unduly restrict the use of the property, the Board may
allow removal of additional trees where the benefits of said removal
outweigh any resulting detriment.
(3)
Where as the result of a cut or fill approved by the Board,
the trees are deemed no longer viable, said trees may be removed.
(4)
The Board shall consider drainage or other physical conditions
existing on the site or on adjoining property and, after considering
the referral recommendations, may permit the removal of said trees
where it is deemed appropriate, provided that the benefits will outweigh
the detriments resulting from said removal.
(5)
The Board may approve the removal of trees when said removal
will not impair the growth and development of the remaining trees
on the property, or on adjacent properties, or will not cause erosion,
impair existing drainage, or lessen property values or damage aesthetics
in the area.
A.
To the extent that the Planning Board, Zoning Board or Mayor and Council permits removal of trees in addition to those permitted in Subsection B of § 300-150, the applicant shall replace the removed trees on site. The applicant shall calculate, for review by the Shade Tree Commission, Planning Board or Zoning Board, the diameter at breast height of each tree to be removed. The total diameter at breast height for all trees shall be the basis for calculating the number of replacement trees required. The applicant shall be required to plant one tree with a diameter measured at one foot above root swell of two to 2 1/2 inches for every seven inches of total diameter at breast height for all trees to be removed. For example, if four trees totaling 28 inches in diameter at breast height were removed, the applicant would be required to plant four replacement trees. All replacement trees shall be properly protected and may not be removed with a tree removal permit.
B.
Replacement trees need to be planted according to standards developed
by the International Society of Arboriculture, described in the pamphlet
titled, "New Tree Planting." The wire baskets, burlap and twine shall
be removed from replacement trees prior to planting. The trunk flare
will be at the natural existing grade of the soil.
C.
Replacement trees need to be planted at least 20 feet from existing
trees and replacement trees, and they may not be planted under the
canopy of existing trees, except for shade-tolerant trees.
A.
Permit. Upon approval of the application by the Construction Official,
Tree Specialist, Planning Board or Zoning Board, marking of trees
to be removed, and installation of tree protection for residual trees,
a tree removal permit will be issued by the Construction Official
or Tree Specialist. The permit will be displayed on the house or building
and shall be visible from the closest road. The permit will be displayed
while tree work is being done and for the next 10 days after the tree
work is completed.
B.
Marking of trees. The trees to be removed must be clearly marked.
Plastic flagging is acceptable.
C.
D.
Surety bond.
(1)
A cash or surety bond for tree preservation and tree removal
is required in all cases where Planning Board, Zoning Board, Mayor
and Council or soil removal approval is required; except that the
Planning Board, Zoning Board, Mayor and Council, Construction Official,
Borough Engineer or Tree Specialist may waive the bond requirement
if there is minimal or no threat to trees on the property. The application
to the Planning Board, Zoning Board, Mayor and Council or for soil
removal shall be accompanied by a bond in the minimum amount of $5,000
for each acre of the site on which the improvement is located. The
amount of the bond can be increased by the Construction Official where
the official feels it is justified based on the potential threat to
the trees on the property. The bond shall be held by the Borough of
Franklin Lakes to ensure compliance with the requirements imposed
by the Borough Code related to the preservation of trees.
(2)
The bond shall be returned to the applicant upon completion
of the project, issuance of a certificate of occupancy, and inspection
of the property by the Construction Official to ensure compliance
with the Borough Code and conditions of development approval relating
to tree preservation and tree removal. Where trees have been damaged,
improperly removed, or destroyed in violation of the Borough Code
or conditions of development approval, in addition to other enforcement
options, some or all of the cash bond shall be retained, and said
cash bond shall be deposited in the Borough's Tree Escrow Fund. Failure
to comply with the Borough Code and conditions of development approval
relating to tree preservation and tree removal shall also be considered
a violation of the provisions of this article.
(3)
In the event that the applicant fails to request an inspection
to confirm that the improvements are completed and that ordinances
have not been violated within two years from the Borough's receipt
of the cash bond, and fails to request a refund of the cash bond,
the amount of the cash bond shall be transferred to the Borough's
Tree Escrow Fund.
[Amended 12-17-2019 by Ord. No. 1810]
Where, in the discretion of the Construction Official, Tree
Specialist, Planning Board, Zoning Board or Mayor and Council, new
plantings are required by the ordinances of the Borough but are not
necessary due to the existence of a sufficient number of trees presently
on the property, the Construction Official, Tree Specialist, Planning
Board, Zoning Board or Mayor and Council may waive any or all requirements
for new plantings. If the requirement for new plantings is waived,
the applicant shall pay a fee in an amount equal to the cost of such
plantings had they been required, as determined by the Tree Specialist,
which fee shall be deposited in the Tree Escrow Fund.
A.
Prior to construction and any tree removals, suitable tree protective
barriers shall be erected, and this protection, generally at the dripline,
where required, shall remain until such time as the protection is
authorized to be removed by the Construction Official or Tree Specialist
or after issuance of a final certificate of occupancy. In addition,
during construction, no attachments or wires shall be attached to
any of said trees so protected. Grading within the dripline of trees
must be approved by the Construction Official or Tree Specialist,
and appropriate measures shall be taken to minimize impact to the
trees. Any trees seriously damaged during construction must be professionally
treated by a New Jersey certified tree expert or New Jersey licensed
tree expert or replaced if the damage is beyond treatment.
B.
A detail of the existing tree self-supported protective barrier shall
be provided on all applications. The protective barrier shall be a
minimum of four feet high.
C.
The self-supported protective barrier shall be placed, as determined
by the Construction Official or Tree Specialist, at the dripline of
any tree along the limit of clearing and around the entire dripline
for trees to remain undisturbed within the limit of clearing.
D.
It shall be unlawful for any person in the construction of any structure
or other improvement to place solvents, material, construction machinery
or temporary soil deposits within the dripline.
E.
During construction, the contractor shall take all reasonable steps
to protect the surrounding trees, including the installation of a
wall around said trees with extension tile. Said wall shall be located
no closer than the dripline of the trees.
F.
No structures, equipment or movable machinery that could injure a
tree shall be permitted to operate closer than the dripline of the
tree. In order to prevent injury, soil within the outer dripline is
not permitted to be disturbed.
G.
Prior to removal for construction activity, all trees to be removed
shall be tagged and all trees to be retained shall be protected with
tree protection fencing. Tagging and fencing shall be inspected by
the Construction Official or Tree Specialist.
H.
Installation and repair of septic tanks and fields and underground
utilities are not permitted under the dripline of a tree. Any work
in the dripline of a tree will be considered a violation of this article,
without the approval in writing of the Construction Official or Tree
Specialist.
Where the Construction Official or Tree Specialist concludes
that it is necessary for purposes of health, safety or welfare considerations
to remove a tree, said tree may be removed without a permit.
A.
Violations and penalties. Any person violating any of the provisions
of this article shall be subject to a fine of not less than $250 nor
more than $1,500 and/or imprisonment in the county jail for a period
not to exceed 90 days and/or 90 days of community service. Each tree
damaged, removed or destroyed in violation of this article shall be
considered a separate offense, and a separate fine shall be levied
for each tree. In addition, the court shall require the guilty party
to restore areas where trees have been removed or damaged in violation
of this article. Where a tree with a diameter at breast height of
12 inches or more minimally 12 inches in diameter has been removed,
it will require that the responsible party replace said tree with
three trees which are at least two inches in diameter. The same calculation
shall be utilized to determine the size of other replacement trees.
B.
Costs charged against lands; lien established. Upon receipt of the
certified costs, the Borough shall examine same and, if found correct,
shall cause the costs to be charged against the lands. The Council
may reduce costs if determined to be excessive. The amount so charged
shall forthwith become a lien upon the lands and shall be added to
and become and form part of the taxes next to be assessed and levied
upon the lands, the same to bear interest at the same rate as other
taxes, and shall be collected and enforced by the same officer and
in the same manner as taxes.
C.
Additional violations. If any person shall continue to violate any
of the provisions of this article, after being duly notified of such
violation, or shall neglect or refuse to comply with any lawful order
of the office of the Zoning Official, Construction Official, or Tree
Specialist, the failure to comply with a second or each subsequent
notification or order shall be construed as an additional violation
of this article, and each such additional offense shall subject the
offending party, upon conviction, to the same penalty as provided
for the first offense.
D.
A notification of violations may be issued by the Construction Official,
Zoning Officer, Borough Engineer, Shade Tree Commission, Environmental
Commission, police officer, or Tree Specialist. The Construction Official,
Zoning Official, Borough Engineer, police officers, and the Tree Specialist
are authorized to enforce the terms of this article.
