[HISTORY: Adopted by the Mayor and Council of the Borough
of Kinnelon 6-18-1998 by Ord. No.
8-98 (Ch. 83 of the 1972 Code); amended in its entirety 10-15-2015 by Ord. No. 8-15. Subsequent amendments noted where applicable.]
A.
The purpose of this chapter is:
(1)
To preserve and protect trees within the Borough, which helps to
preserve water quality, abate noise, and enhance the ambience and
character of the community.
(2)
To control the indiscriminate destruction of trees which has been
shown to have severe detrimental environmental, ecological and economic
effects including increased soil erosion and surface drainage problems,
creation of insect breeding sites, decreased oxygen production, decreased
property values and increased municipal costs and thereby to eliminate
a threat to the public health, welfare and safety.
(3)
To protect the semirural character and natural resources of the Borough,
consistent with the goals and objectives of the Master Plan. This
section is not intended to restrict homeowners from removing dead,
diseased, or hazardous trees. It is not intended to restrict homeowners
from conducting routine pruning of trees or other maintenance procedures.
B.
This chapter places special emphasis on the preservation of trees
around the perimeter of a property to create conservation areas based
upon setback requirements pursuant to the Kinnelon Borough Zoning
Code.[1] The ordinance will also provide a sound management structure
for the removal of trees in the Borough of Kinnelon.
For the purpose of this chapter, the words and terms used herein
are defined as follows:
The owner of record of any property adjacent to the affected
property.
The lot or lots for which a tree removal permit is sought.
January 1 through December 31.
The application of a material, whether intentionally or accidentally,
which has a toxic effect on a tree or trees.
The line that goes round or encompasses a circular figure.
Removal of all the trees in a stand of timber in a certain
area.
The Borough of Kinnelon Environmental Commission, established
pursuant to Chapter 29, Environmental Commission, of the Code of the
Borough of Kinnelon.
That area created by the setback standards for a particular
building zone and surrounding the perimeter of a property.
A tree which has ceased to physiologically function. Dead
trees typically are devoid of leaves and have loose bark.
The length of a straight line through the center of an object
from side to side; width; thickness; as, the diameter of a tree or
rock.
A tree, which is terminally infected with a fungus or virus
or terminally infested with insects.
The circular area surrounding a tree, the radius of which
area shall be the distance from the trunk of the tree to the outermost
branches of the tree.
The planting of vegetation on steeply sloped lands in conformation
with Soil Conservation Service standards, to prevent the loss of soil
from wind, rain, flooding or traffic.
Grade changes which result in either a deficiency or overabundance
of soil moisture within the dripline of a tree or trees.
To removing or cut through a ring of bark and underlying
tissue from a tree trunk in order to kill the tree.
The removal of soil within the dripline of an existing tree.
Cuts in grades damage tree roots and affect the stability of a tree.
The placement of soil on the ground surface surrounding existing
trees. The placing of fill inhibits gaseous exchange to tree roots
and soil moisture.
Manual tools, such as a pick, shovel, hoe, iron rake, or
air spade, which excavates with forced air.
Any defective tree or part thereof which poses a high risk
of failure and with it the likelihood of causing injury and/or property
damage.
The removal of dead, diseased, dying or undesirable trees
in order to improve the quality of desirable existing trees or to
create conditions where more desirable trees will he planted.
The removal of dead, diseased, dying or undesirable trees
or the disturbance of an area without an approved replacement planting
plan and management program thus creating a void where invasive plant
material could become established.
Removal of 1/3 or more of the living branches of a tree.
The area in which trees have been designated for cutting,
obtained by traversing the outer periphery of those trees and taking
into consideration the delineation of the natural boundaries located
within the property.
Physical damage to the bark, branches, or roots of a tree.
Such damage is usually caused by motor-driven excavation or other
equipment.
Written authorization from the Borough of Kinnelon to remove
a tree or trees.
A poster or sign for public display, issued by the Borough
Forester, fixed to a wall, tree or fence, in plain view of the public.
All replacement trees shall be of a species approved by the
Borough Forester and shall be nursery grade quality, properly balled,
and burlapped. Minimum measurements of replacement trees shall be
as follows: evergreen trees: seven feet to eight feet in height; ornamental
trees: two inches to three inches in caliper; and shade trees: three
inches to three feet in caliper. Caliper is measured one inch above
the root flare of a balled and burlapped nursery grown tree.
A tree, trees, hedge, or privacy fence, which provides a
visual barrier from one property to another.
The subsurface compression of soil by vehicles, equipment,
and materials, which disrupts the movement of air and water to tree
roots.
The bottom part of a tree left projecting from the ground
after most of the trunk has fallen or been cut down.
Any live or dead woody perennial plant within the confines
of the Borough having a diameter of six inches or greater measured
at a point of 4 1/2 feet above grade level. On sloped terrain,
such measurement shall be made on the downhill side. Measurements
shall be made and/or approved by the Borough Forester or the Borough
Code Enforcement Officer.
The storage of equipment or materials, the changing of grade
including cutting or filling, or compacting of soil within the dripline
of a tree.
Any activity to remove or destroy any tree, such as, but
not limited to, excessive topping or limbing.
The indiscriminate cutting back of tree branches in excess
of 1/3 of total tree branches to stubs or lateral branches that are
not large enough to assume the terminal role.
A.
No person shall remove or cause to be removed any live tree(s) or engage in tree encroachment activities on any private, residential or commercial property within the Borough of Kinnelon without a permit other than as allowed by this section (see § 186-8 below).
B.
No person shall engage in activities which could cause trees to die.
This activity includes but is not limited to: limbing, topping, grade
cut or fill, soil compaction within the dripline, chemical contamination,
girdling, excessive drainage alterations, and mechanical damage.
C.
No tree removal shall be permitted on slopes 15% or greater in grade
or on slopes where vegetation is presently stabilizing soils.
D.
Tree removal shall be prohibited when the trees are part of: 1) a
wetland(s); 2) a wetland transition area; or 3) a stream buffer.
E.
The limbing or topping of trees shall not be conducted.
F.
Clear cutting of any property in the Borough is prohibited.
The property owner and all contractors shall be required to
protect any and all trees from any damage during any type of construction
on any property in the Borough of Kinnelon.
The following lands, activities and uses shall be exempt from
the terms and conditions of this chapter and shall also be exempt
from any violations or penalties.
A.
The Borough Forester. The Mayor, upon the advice and consent of the
Council, may appoint a Forester who is a qualified tree expert, certified
by the State of New Jersey pursuant to N.J.S.A. 45:15C-1 et seq. In
the absence of such an appointment, the Borough Construction Official
shall act as the Forester.
B.
Administration. The Borough Forester and/or Code Enforcement Officer
shall be responsible for administration of this chapter.
C.
Enforcement. The Borough Forester, the Construction Official, the
Zoning Officer and Borough police officers are hereby authorized to
enforce the regulations set forth within the Code of the Borough of
Kinnelon regulating the destruction and removal of trees.
A.
Any person desiring to engage in tree removal or tree encroachment
activities requiring a permit shall file an application for a tree
removal or tree encroachment permit in compliance with the terms and
conditions of this chapter and shall not commence the regulated activity
without first having been issued a tree removal or tree encroachment
permit.
B.
The following trees may be removed in any twelve-month period without
a permit, but a placard is required:
|
Size of Lot
|
Number of Trees Per Year
| |
|---|---|---|
|
Up to 1/2 acre
|
1
| |
|
1/2 to 1 acre
|
2
| |
|
1 acre and up
|
2 per acre
|
C.
For removal of more than permitted trees approval is required from
the Borough Forrester or duly appointed designee. Removal of any of
the number of trees listed immediately above, which does not require
a permit, requires the issuance of a placard by the Borough Forester,
or his/her delegate. A placard is also required for the professional
trimming, pruning of trees or removal of dead trees. Such placard
must be displayed within close proximity to the tree(s) being removed
and visible from the road.
D.
Any public utility or cable television company that clears, moves,
cuts, or destroys any trees, shrubs, or plants for the purpose of
erecting, installing, moving, removing, altering or maintaining any
structures or fixtures, necessary for the supply of electric light,
heat or power, communication, or cable television services upon any
lands in which it has acquired an easement or right-of-way, shall
not be subject to any penalty under chapter. This subsection shall
not exempt any public utility or cable television company from any
penalty or replacement assessment imposed for negligent actions. Any
such public utility or cable television company must notify the Borough
of its intention to affect any tree, shrub or plant in its activities
within the Borough.
A.
Filing of application.
(1)
An application for a tree removal or tree encroachment permit shall
be filed in duplicate in the Construction Office or other designated
recipient and forwarded to the attention of the Borough Forester.
Any required New Jersey Department of Environmental Protection approvals
shall be attached to the application when submitted to the Borough
Forester. After reviewing said application, the Borough Forester will
issue or deny a tree removal permit.
(2)
Upon receiving a tree removal or tree encroachment permit, or a placard,
as required hereunder, the respective permit/placard shall be prominently
displayed and clearly visible from the road at the site and shall
remain posted during the entire tree removal process and/or tree removal
period, but in no case shall the permit or placard be displayed for
less than 10 days from issuance.
(3)
An application for a placard, as allowed under chapter, shall be
submitted directly to the Borough Forester, and shall be approved
by the Borough Forester, or his/her delegate, within five days of
receipt by the Borough Forester.
B.
Fees.
(1)
No permit will be required and fees shall be waived for the removal of dead, diseased or hazardous trees. However, no such trees shall be removed without prior notice by the property owner to the Borough Forester and the issuance of a placard for such removal. If the property owner fails to provide such notice, the Borough Forrester may require replacement trees for screening purposes as determined by the Forester, in furtherance of § 186-14.
(2)
There shall be submitted, simultaneously with the filing of the tree
removal or tree encroachment permit application a nonrefundable fee
of the amount of $50 to cover the costs of processing the application,
including the requisite inspections of the site and the issuance of
a tree removal placard.
C.
Procedure.
(1)
All tree removal and/or tree encroachment permit and placard applications
shall be reviewed by the Borough Forester, or his delegate, to determine
whether there is a basis for the issuance of a tree removal or tree
encroachment permit or placard. The Borough Forester, or his delegate,
shall consider numerous factors, including but not limited to:
(a)
Whether the activity is proposed for an area which is to be
occupied by or surrounds a structure or some other improvements;
(b)
Whether the potential effect of the proposed tree removal activity
would disturb an area that is 5,000 square feet or more, thus requiring
prior permission from the Morris County Soil Conservation District,
or would disturb an area which would require a grading permit or steep
slope variance from the Borough of Kinnelon;
(c)
Whether the purposes of chapter will be met by permitting the
tree removal requested;
(d)
Whether the proposed number and density of trees removed would
result in any permanent reduction in screening or the subject property
from the surrounding properties;
(e)
Whether the proposed activity would result in a horticulturally
advantageous or disadvantageous thinning of an existing wooded or
naturally screened area;
(f)
The potential hardship that would be imposed upon the applicant
if the permit is denied;
(g)
Whether the tree(s) proposed for removal or tree encroachment
is located within a conservation area; and
(h)
Whether other trees have been removed from the property within
the preceding three years.
D.
The filing of the tree removal or tree encroachment permit or placard
application shall be deemed to constitute consent for Borough officials
or agents to enter upon the subject land to inspect the designated
site(s).
E.
Adjacent neighbor notification: No permit shall be issued until 10
days after submission of the permit request pursuant to chapter, along
with proof that all persons with property adjacent to the property
at issue, from which tree removal is requested, have been notified
in order to give each such property owner an opportunity to consult
with the applicant, and/or given the opportunity to take such other
steps that that neighbor may feel necessary to protect his/her interests
as affected by the proposed tree removal. Notification to any and
all such adjacent neighbors shall be by hand or certified mail and
proof of delivery provided to the Borough Forester. If only a placard
is issued, no notice to adjacent neighbor(s) will be required.
F.
Issuance of tree removal or tree encroachment permits or placard.
(1)
A tree removal or tree encroachment permit or placard shall be granted
or denied in writing by the Borough Forester or his/her delegate.
Such response shall be within 10 days for a permit and five business
days for a placard after submittal of a deemed complete application
to an enforcing officer; which complies with the terms and conditions
of this chapter, or within such further time as may be consented to
by the applicant. Failure of the Borough Forester, or his/her delegate,
to act within the period prescribed shall constitute approval of the
application.
(2)
When a tree removal or tree encroachment permit application is filed
in conjunction with work for which an application for a construction
permit or for approval(s) from the Planning Board or Board of Adjustment
will he filed, the tree removal or tree encroachment permit shall
be conditioned upon the receipt of the construction permit or other
requisite approvals and shall not be effective until such permit or
approvals have been obtained.
(3)
The enforcing officer shall be enabled to require replacement plantings
for screening or erosion control purposes.
G.
In reviewing any such application the Borough Forester may at his/her
discretion consult the Environmental Commission, the Borough Engineer,
Construction Official, Board of Health, or other individual or municipal
entity, as he/she may deem necessary or advisable. Any application
approved, in whole or in part, shall automatically become a tree removal
permit in accordance with any conditions required by the Borough Forester.
Permits or placards granted under the terms and conditions of
this chapter shall run with the land and shall remain in force and
effect for the following periods of time:
A.
When no other permits or approvals are involved, six months from
the date of issuance.
B.
When issued in conjunction with a construction permit, six months
from the date of issuance.
C.
When issued in conjunction with Borough Planning Board or Board of
Adjustment approval, until the later of the six months from issuance
or the expiration of construction permits issued thereunder.
A.
Nothing in this chapter shall be deemed to impose any liability upon
the Borough or its officers or employees or agents or upon the Commission
or any of the Commissioners.
B.
Nothing in this chapter shall be deemed to relieve the owner and/or
occupant of any private property from the duty to keep trees and shrubs
thereon in a safe condition.
Any person aggrieved by a determination to grant or deny a tree
removal permit shall have the right to appeal such decision to the
Mayor and Council. Such appeal shall be by written notice stating
the reasons upon which the appeal is based, filed with the Borough
Clerk and forwarded to the applicant, if appropriate, within 10 days
of receipt of the appeal. The Mayor and Council shall hear the matter,
upon notice to the applicant and/or petitioner, at the first regularly
scheduled public meeting of the Mayor and Council held no less than
20 business days after receipt 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 Borough Forester
and the applicant and any other interested parties, reverse, modify
or affirm the prior decision in the matter.
A.
The illegal removal of trees will invoke an automatic suspension
of any existing tree removal or tree encroachment permits associated
with a property, and freeze the issuance of any future permits until
the case is adjudicated and unwanted effects of the removal mitigated.
B.
Any person violating any provision of this chapter shall, upon conviction,
be subject to a minimum fine of $100 up to $1,000 per tree.
C.
Each tree cut or removed in violation of this chapter shall be considered
a separate violation.
A.
In addition to the penalties set forth in § 186-13, each person who removes or otherwise destroys a tree(s) in violation of the Borough ordinances will be required to replace the tree(s) with another of like or superior species as defined herein under definition "replacement tree(s)," on the property from which they were removed, at his/her/their own expense.
B.
Replacement trees must be guaranteed for two full growing seasons.
