[HISTORY: Adopted by the Mayor and Council
of the Borough of Palmyra 5-14-2012 by Ord. No. 2012-3;[1] amended in its entirety 5-12-2024 by Ord. No. 2024-09. Subsequent amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 259,
Trees, which consisted of Art. I, Trimming of Shade Trees, adopted
7-24-1906 as Ch. 66, Art. I, of the 1971 Code, and Art. II, Protection
of Trees and Shrubbery, adopted 11-13-1972 by Ord. No. 7-1972 as Ch.
66, Art. II, of the 1971 Code.
This is a chapter to establish requirements for tree removal,
replacement, and maintenance in Palmyra Borough to reduce soil erosion
and pollutant runoff, promote infiltration of rainwater into the soil,
protect the environment, public health, safety, and welfare as well
as enhance the visual and physical quality of life of its residents.
As used in this chapter, the following terms shall have the
following meanings:
The process by which decisions of the Tree Officer are reviewed
and resolved when a property owner wishes to dispute the decision.
Any person who applies for approval to remove trees regulated
under this chapter.
The Shade Tree Advisory Board of the Borough of Palmyra,
including any of its agents, employees and duly appointed members.
Also referred to herein as the "PSTAB."
The Borough of Palmyra.
Any tree, as hereinafter defined, which is situated in or
along any public property, park, field, public right-of-way, easement,
or encumbrance. Tree situation is evidenced by 50% more of the root
collar or base of the trunk at the entry point to the ground being
upon Borough land, regardless of the location of the crown, roots,
tilt of the trunk, or other part of the tree in relation to the property
line.
Standard measure of a tree taken at a height of six inches
above the ground up to and including four-inch caliper size, and 12
inches above ground for larger trees.
A landscaped buffer area along all commercial side yard and
rear yard lot lines.
The zone around the base of a tree where the majority of
the root system is found. This zone is calculated by multiplying the
DBH of the tree by 1.5 feet. (Example: a tree with a six-inch DBH
would have a CRR = 6 inches x 1.5 feet = 9 feet.)
The diameter of a tree measured as a point on the tree four
feet six inches from ground level.
A device placed on or about a tree with the purpose of preventing
injury to such tree.
A tree or limbs thereof that meet one or more of the criteria
below. Trees that do not meet any of the criteria below and are proposed
to be removed solely for development purposes are not hazard trees.
Has an infectious disease or insect infestation;
Is dead or dying;
Obstructs the view of traffic signs or the free passage of pedestrians
or vehicles, where pruning attempts have not been effective;
Is causing obvious damage to structures (such as building foundations,
sidewalks, etc.); or
Is determined to be a threat to public health, safety, and/or
welfare by a certified arborist or LTE.
The Land Use Board of Palmyra.
Any person engaged in the business of landscaping as a primary
occupation.
Tree species attaining a height of 50 feet or more at maturity.
An individual who is licensed by the New Jersey Board of
Tree Experts to provide or supervise the provision of tree care operator
services for hire in New Jersey pursuant to the Tree Experts and Tree
Care Operators Licensing Act, N.J.S.A. 45:15C-11, et seq.
An individual who is licensed by the New Jersey Board of
Tree Experts to provide or supervise the provision of tree expert
services for hire in New Jersey pursuant to the Tree Experts and Tree
Care Operators Licensing Act, N.J.S.A. 45:15C-11 et seq.
Tree species attaining a height of 25 feet to 50 feet or
more at maturity.
Duly appointed members of the PSTAB.
A tree that has exceeded a confined space as evidenced by
less than 15% of the DBH as clearance between the root collar at ground
level and a confining border such as a curb or sidewalk. (Example:
A tree with twenty-inch DBH would require three inches between the
root collar where it enters the ground and the sidewalk or curb.)
This definition varies from the model ordinance, which defines
it as: "any individual, resident, corporation, utility, company, partnership,
firm, or association."
The part of a street ROW between the public ROW adjacent
to the portion of the street reserved for vehicular traffic, the abutting
property line and the curb or traveled portion of the street, exclusive
of any sidewalk.
Any tree, as hereinafter defined, which is situated in land
other than Borough land. Tree situation is evidenced by 50% or more
of the root collar or base of the trunk at the entry point to the
ground being upon private land, regardless of the location of the
crown, roots, tilt of trunk, or other part of the tree in relation
to the property line.
Prior to removal of any tree exempted under § 259-4 of this chapter, the resident shall submit a tree removal permit application describing the reason for seeking removal of the tree. The request will be followed up with an inspection by the Borough Tree Officer.
An individual who resides on the residential property where
a tree(s) regulated by this chapter is removed or proposed to be removed.
The property in the Borough owned by the Borough of Palmyra
or over which the Borough of Palmyra has an easement as shown on the
Tax Map of the Borough of Palmyra or by a review of the land records
maintained by the County Clerk or the Borough.
Tree species attaining a height of less than 25 feet at maturity.
Any road, avenue, street or highway in the Borough dedicated
to the public use.
A tree planted in the sidewalk, planting strip, and/or in
the public right-of-way adjacent to the portion of the street reserved
for vehicular traffic. This also includes trees planted in planting
strips within the roadway right-of-way, i.e., islands, medians, pedestrian
refuges.
A woody perennial plant, typically having a single stem or
trunk growing to a considerable height and bearing lateral branches
at some distance from the ground.
The diameter of the trunk of a young tree, measured six inches
from the soil line. For young trees whose caliper exceeds four inches,
the measurement is taken 12 inches above the soil line.
A permanent enclosure used to protect the trunk of a tree
from injury.
An individual appointed annually by the Mayor with the advice
and consent of the Council, who may, but need not be, a licensed tree
expert, or a certified ISA Arborist. No person shall be reappointed
or redesignated as Tree Officer unless the individual has completed
the NJ DEP CORE Training within 12 months of the initial appointment.
A permit issued by the Tree Officer for removing, planting,
or maintenance of a tree or trees on Borough or private land.
A specially prepared area of land, which is surrounded by
paving, curbs, sidewalks, or other impervious surfacing, and with
specific requirements for protection and pedestrian safety.
A requirement to plant new trees when trees are removed,
or under other conditions of this chapter.
Killing or to causing irreparable damage that leads to the
decline and/or death of a tree. This includes, but is not limited
to, excessive pruning, application of substances that are toxic to
the tree, over-mulching or improper mulching, and improper grading
and/or soil compaction within the critical root radius around the
base of the tree that leads to the decline and/or death of a tree.
Removal does not include responsible pruning and maintenance of a
tree, or the application of treatments intended to manage invasive
species.
An application to be submitted for review by the Tree Officer,
for removal of a tree or trees on Borough or private land.
A plan containing information listed in § 259-5C of this chapter.
The severe cutting back of limbs to stubs larger than three
inches in diameter within the tree's crown, to such a degree
so as to remove the normal canopy and disfigure the tree except where
other pruning practices are impracticable or impossible with respect
to trees severely damaged or causing obstructions to wires or cables
subject to cable and utility company exemption.
Public utility or cable television companies entering the
Borough 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, cellular communications, or internet service.
Tree removal in areas under the jurisdiction of the following
entities shall be subject to their review and otherwise exempt from
the requirements of this chapter:
A.
State of New Jersey roads and ROWs located in the Borough;
B.
County of Burlington roads and ROWs located in the Borough;
C.
Utility and cable companies undertaking emergency tree work to restore
service or spot work to prevent interruption of electrical, telephone,
telegraph, cable TV, Internet, or other wire or cellular services,
provided that such utility or cable company has complied with notice
provisions.
If permitted as set forth below, any "tree" as defined in this
chapter (and any smaller trees) may be removed from a privately owned
lot or tract of land, subject to submitting a tree removal application,
except in the case of an emergency. All persons shall comply with
the tree replacement standard except in the cases detailed below.
Proper justification shall be provided, in writing, to the Borough
by all persons claiming an exemption. Proper justification shall be
verified by the Tree Officer and include, but not be limited to photos
or statements from a NJ licensed tree expert as per N.J.S.A. 45:15C-11
or arborist.
A.
Residents who remove less than four trees that have a DBH of less
than 33 inches and are not classified as specimen trees. The number
of trees removed is a rolling count across a five-year period. For
example, if three trees from category 1 are removed in July 2023,
the "count" resets to zero in July 2028. However, if one tree from
category 1 is removed in July 2023 and another in July of 2025, the
first tree will come off the count in July 2028 and the second in
July 2030.
B.
Any trees removed as part of a Borough or state decommissioning plan.
This exemption only includes trees planted as part of the construction
and predetermined to be removed in the decommissioning plan.
C.
Farms in active operation, nurseries, fruit orchards, and garden
centers.
D.
Properties used for the practice of silviculture under an approved
forest stewardship or woodland management plan that is active and
on file with the Borough.
E.
Any trees removed pursuant to a New Jersey Department of Environmental
Protection (NJDEP) or U.S. Environmental Protection Agency (EPA) approved
environmental cleanup, or NJDEP approved habitat enhancement plan.
F.
Approved game management practices, as recommended by the State of
New Jersey Department of Environmental Protection, Division of Fish,
Game and Wildlife.
G.
Construction of a new home, an addition to an existing home, construction
of an accessory structure to the home, such as a patio, deck, tennis
court and/or swimming pool, but only to the extent reasonably required,
after due consideration of the property owner's design needs,
for the construction of the home, the addition, the repair/replacement
of the septic system or an accessory structure.
H.
Hazard trees, as defined in § 259-2 above, may be removed immediately. However, the property owner shall, upon request of the Tree Officer, be required to provide documentation confirming said conditions, which will include photographs of the trees removed and the property, and a certification from a duly licensed LTCO or LTE, or from an ISA-certified arborist.
I.
Any tree may be removed as part of the operation of an agricultural
or horticultural use on property that is five acres or more, and that
is assessed for local property taxes pursuant to the New Jersey Farmland
Assessment Act of 1964, N.J.S.A. 54:4-23.1 et seq.
J.
Any tree recognized as Invasive by the New Jersey Department of Environmental
Protection or listed on the most recent New Jersey Invasive Strike
Team "Do Not Plant List" may be removed without replacement.
A.
Any person planning to remove a street tree with DBH of 2.5 inches
or more or any private tree with a DBH of six inches or more on their
property shall submit a tree removal permit application and/or tree
removal plan for review by the Borough Tree Officer. No tree shall
be removed until Borough officials have reviewed and approved the
removal. For clearing projects in excess of one acre, and site plan
applications, a tree survey shall be submitted as part of the application
to determine number, sizes, and exemptions of trees for the assessment
of fees.
B.
Tree removal permit application and accompanying fees shall be submitted
to the construction code office.
C.
The tree removal plan shall include the following information:
(1)
The subject property where the tree(s) is/are to be removed shall
be identified by street address, tax block and lot number(s) and approximate
acreage;
(2)
The name, address and telephone number of the owner of the subject
property or the owner's duly authorized agent;
(3)
The name, address, and state license identification number of the
NJ licensed tree contractor who will be performing the tree removal
work. All tree contractors must comply with the Tree Experts and Tree
Care Licensing Act, N.J.S.A. 45:15C-11 et seq., and the contractor
must carry a current and valid LTCO or LTE credential from the New
Jersey Board of Tree Experts. Unless the tree removal is being performed
by the landowner, the tree removal must be performed by a LTCO or
LTE as defined herein;
(4)
The tree(s) proposed to be removed shall be clearly marked on the
subject property for review by the Borough Tree Officer;
(5)
To the extent deemed necessary by the Tree Officer to make an appropriate
decision, the following information shall be shown on a map, legal
survey or site plan which is drawn to scale and is of a suitable size
to depict the required information:
(a)
The total number and the location and size of each tree proposed
to be removed;
(b)
The total number and approximate location of any trees removed
from the lot in the preceding 12 months, if known;
(c)
The location of the principal building and all accessory buildings
on the subject property;
(d)
The location of any driveway on the subject property;
(e)
The location of any deed-restricted areas, scenic buffers, and/or
HOA-restricted areas on the subject property.
(f)
In larger wooded areas to be cleared, tree sampling in the form
of representative 100-foot-by-100-foot sample areas shall be permitted
to determine compensation that may be required for tree removal.
A.
Each tree removed pursuant to a submitted and approved tree removal permit application/tree replacement plan and not otherwise required to provide replacement pursuant to § 259-3, above, shall be replaced with a new tree planted either on the subject property or as directed by the Tree Officer.
B.
All newly planted trees shall meet the following minimum standards
and requirements. Removed tree(s) shall:
(1)
Be replaced with a deciduous tree having a minimum caliper of 1 1/2
inches for non-street trees and 2 1/2 inches for street trees.
On private lots, an evergreen tree having a minimum height of six
feet may be planted as a replacement. The number of replacement trees
shall correspond with the ratio listed in the tree replacement criteria
in the table below;
(2)
Be planted within 12 months of the date of removal of the original
tree(s) or at an alternative date specified by the Borough;
(3)
Be monitored by the applicant for a period of two years to ensure
their survival and shall be replaced as needed within 12 months;
(4)
Not be planted in temporary containers or pots, as these do not count
towards tree replacement requirements;
(5)
Comply with the species listed in Appendix A[1] unless an alternate species is approved by the Tree Officer.
|
Tree Replacement Requirements Table
| |||
|---|---|---|---|
|
Category
|
Tree Removed (DBH)
(inches)
|
Tree Replacement Criteria
|
Fee In Lieu of Tree Replacement
|
|
1
|
2.5 (for street trees) or 6 (for non-street trees) to 12.99
|
Plant 1 tree for each tree removed
|
$450
|
|
2
|
13 to 22.99
|
Plant 2 trees for each tree removed
|
$900
|
|
3
|
23 to 32.99
|
Plant 3 trees for each tree removed
|
$1,350
|
|
4
|
33 or greater
|
Plant 4 trees for each tree removed
|
$1,800
|
[1]
Editor's Note: Appendix A is on file in the Borough offices.
C.
Replacement alternatives. If the municipality or applicant determines
that some or all required replacement trees cannot be planted on the
property where the tree removal activity occurred, then the applicant
shall pay a fee per tree removed according to the Tree Replacement
Requirements Table. This fee shall be placed into a Tree Bank Trust
account, maintained by the Borough Finance Office and dedicated to
tree planting and maintenance of the trees on public property.
A.
The Mayor, with the advice and consent of the Council, shall annually
appoint six members and two alternate members for the Palmyra Shade
Tree Advisory Board. The initial term for each member shall be for
the balance of the year 2012 and thereafter for a one-year term commencing
January 1 until December 31 of each successive year. The members of
the PSTAB shall be residents of the Borough and shall serve without
compensation. Any vacancy shall be filled for the remainder of the
unexpired term by the Mayor with the advice and consent of Borough
Council.
B.
Power and duties. The PSTAB organized under this chapter shall serve
as an advisory board and shall:
(1)
Investigate complaints made about Borough trees located on Borough
property or within the public rights-of-way.
(2)
Make recommendations to the Tree Officer regarding the planting,
trimming, spraying, moving, removing, and protection of Borough trees
as well as private trees that are dangerous to public safety.
(3)
Encourage arboriculture.
(4)
Monitoring compliance with the Borough's Community Forestry
Management Plan.
(5)
Assisting the Tree Officer in administering the "TREE CITY USA" program
for the Borough.
A.
The Mayor, with advice and consent of the Council, shall annually
appoint a Tree Officer. The initial term of the Tree Officer shall
be for the balance of the year 2012 and thereafter for a one-year
term commencing January 1 until December 31 of each successive year.
Upon initial appointment, the Tree Officer may, but need not be, a
LTCO or LTE or an ISA Certified Arborist. No person shall be reappointed
or redesignated as Tree Officer unless the individual has completed
the NJDEP Core Training under the New Jersey Shade Tree and Community
Forestry Assistance Act within 12 months of the initial appointment.
B.
Power and duties. The Tree Officer shall have the following duties:
(1)
Review all tree removal applications.
(2)
Determine the species and planting location for replacement trees.
(3)
Receive and review any recommendations from the PSTAB.
(4)
Exercise full and exclusive control over the regulation and care
of Borough trees including the planting, trimming, spraying, and protection
thereof.
(5)
Regulate and control the use of the ground surrounding the Borough
trees, so far as may be necessary for their proper growth, care and
protection.
(6)
Move or require the removal of any tree, or part thereof, dangerous
to public safety.
(7)
Administer treatment to or remove any tree situated upon private
property which is believed to harbor a disease or insects readily
communicable to neighboring healthy trees in the care of the Borough
and enter upon private property for that purpose, with the consent
of the owner thereof, provided that the suspected condition is first
confirmed by certificate issued by or on behalf of the New Jersey
Department of Agriculture.
(8)
Work with the PSTAB regarding the satisfaction of all requirements
to comply with the TREE CITY USA program and the Borough's Community
Forestry Management Plan.
A.
The Borough shall have the exclusive right to plant, prune, maintain,
move, or remove any Borough tree. Without the express written permission
of the Tree Officer, no person shall plant, prune, maintain, move,
or remove any Borough tree.
B.
Except as set forth below, the Borough shall pay all costs associated
with Borough trees.
C.
The Borough may notify, in writing, any property owners of any private
tree(s) which may, for any reason, threaten public safety, and require
the removal of any such tree(s), or pruning of such tree limbs, at
the owner's expense and in accordance with the requirements of
this chapter with such removal to occur within 30 days of the date
of such notice. The Borough may remove such tree(s), or prune such
tree limbs, in the event of owner's failure to cause such removal,
and the costs thereof shall be included in the next property tax bill
rendered to the owner and shall be a lien against the property owner's
property until payment. The Borough Tree Officer shall give reasonable
notice of its intention to remove or prune or cause the removal or
pruning of any tree(s), or part thereof, unless public safety requires
immediate removal, in which case, no notice shall be necessary.
D.
The Borough shall have the power to administer treatment to or remove
any tree(s) situated upon private land which is believed to harbor
a disease or insects or is within the recommended radius of a tree
which is believed to harbor a disease or insects, readily communicable
to neighboring healthy trees in the care of the Borough. The Borough
shall have the right to enter upon private land for that purpose,
with notice to the property owner thereof, provided that the suspected
condition is first confirmed by a certificate by or on behalf of the
Department of Agriculture. The cost of such treatment or removal shall
be borne by the property owner and, if not paid within 30 days from
the presentation of the bill, shall be included in the next property
tax bill to the property owner and shall be a lien against the property
owner's property until payment.
E.
All sewer service mains from private improvements to the point of
tap at the public sewer main are the responsibility of the property
owner to maintain regardless of the origination of any tree roots
or other tree-related problem. The Borough shall not be responsible
for clearance of tree roots, or replacement of sewer piping, or any
other affiliated expense of sewer service mains. In the event that
repair or replacement of the sewer main pipe would destabilize a Borough
tree(s) and cause it (them) to become a hazard tree(s) according to
the USDA Forestry guidelines, then the property owner must remove
and replace the Borough tree(s) at the property owner's expense.
The replacement tree must comply with the planting requirements of
this chapter.
F.
Overhead utility lines. Property owners shall not prune or cause
to be pruned any portion of any tree within 10 feet vertical or horizontal
distance of a utility wire, inclusive of electric, cable and telephone
wiring. Issues pertaining to such wires shall be reported to the utility
company.
G.
Sidewalk repairs and replacements.
(1)
Property owners are responsible for the maintenance of sidewalks
at all times. In the event that sidewalk work for repair or replacement
becomes necessary for any reason, the property owner must obtain a
permit from the Borough Zoning Officer. The permit process shall include
a review by the Tree Officer of any Borough tree(s) within the ROW.
(2)
In the event that repair or replacement of the sidewalk, in like
and kind, would destabilize the Borough tree(s) and cause it (them)
to become a hazard tree(s) as defined above, then the property owner
must remove and replace the Borough tree(s), on a one-for-one basis,
at the property owner's expense unless the property owner meets
both of the following two requirements of proof:
(3)
The property owner must provide such proof along with any notice
to the Tree Officer that the Borough tree(s) require removal at Borough
expense. The Tree Official will then determine whether the Borough
shall remove the Borough tree(s) at Borough expense, provided that
the property owner meets both of the requirements of proof set forth
above.
A.
Approved trees for planting. The Tree Officer shall maintain a list
of approved small, medium or large trees for planting on Borough property
and ROWs. The Tree Officer may, at his discretion, consult with the
PSTAB as to the addition or deletion of any such approved trees.
B.
Planting distances.
|
Small Tree
(feet)
|
Medium Tree
(feet)
|
Large Tree
(feet)
| |
|---|---|---|---|
|
Small tree distance to the nearest
|
15
|
15
|
15
|
|
Medium tree distance to the nearest
|
15
|
30
|
30
|
|
Large tree distance to the nearest
|
15
|
30
|
40
|
C.
Confining elements. When practicable, the planting distance from curbs or curblines and sidewalks or other paved areas shall be in accordance with the three size classes listed under § 259-2, Definitions, as follows: for a small tree, shall be one foot and three inches; for a medium tree, shall be two feet, and for a large tree, shall be four feet.
D.
Distance from utilities. The distance from the center of the tree
to the vertical plane through a utility line shall be as follows:
|
Small Tree
(feet)
|
Medium Tree
(feet)
|
Large Tree
(feet)
| |
|---|---|---|---|
|
Underground water, gas or sewage mains, or oil fill pipes, or
coal fill chute
|
6
|
12
|
16
|
|
Overhead electric, telephone and cable wires
|
0
|
4
|
4
|
E.
Tree collar damage prevention. There shall be kept clear of lawn,
vegetation and weeds an area of a minimum of one foot around the base
of newly planted trees. The intent of this section is to prevent injury
to the newly planted trees from lawn mowers and trimmers.
F.
Fire safety. No street trees, or other woody plant material shall
be planted, or allowed to branch into the ROW within:
G.
Traffic and pedestrian safety. No street trees or other woody plant
material shall be planted or allowed to branch into the ROW within:
(1)
Twenty feet of the midpoint of the curb corner at any intersection.
(2)
Seven feet of a curb cut.
(3)
A location where the roadbed curves, in such a manner to block the
view of drivers exiting any curb cut.
(4)
Twenty-five feet of a streetlight.
(5)
Thirty feet of a stop sign, traffic light.
(6)
Six feet of other traffic signs.
(7)
The area between five feet and 15 feet behind a parking meter where
car doors are anticipated to open.
(8)
A zone where such tree or woody plant material does not allow a clear
three-foot-wide pedestrian walkway to be maintained.
(9)
A zone within five feet from the curb at bus stops, for the full
length of the bus in the stopped position.
A.
It shall be a violation of this chapter for any person to do any
of the following to a Borough tree:
(1)
To remove any such tree without a valid tree permit issued by the
Tree Officer.
(2)
To deface, write graffiti upon, paint, or vandalize any such tree.
(3)
To cut, break, injure, disturb, install nails or other metal objects
into, to put stickers upon, to put writings upon, or otherwise interfere
in any material manner with any such tree.
(4)
To cut the roots of any such tree without the written permission
of the Tree Officer.
(5)
To conduct any excavation within the critical root radius of the
tree (without the express written permission of the Tree Officer).
(6)
To engage in any tree topping of any such tree.
(7)
To build fires or station any kettle, road roller, fuel oil dispensing
truck, or other engine in any street or other public place in such
a manner that the heat, vapors, fuel or fumes may injure any such
tree.
(8)
To install mulch to more than three inches deep at the base of any
such tree or cover the root flare of the tree.
(9)
To utilize motorized trimmers and lawn mowers in such a way to damage
the bark or cambium layer of any such tree.
(10)
To apply soil in excess of three inches deep on top of the soil
at the area under the dripline of any such tree.
(11)
To remove or damage any guard or device placed to protect any
such tree.
(12)
To place salt or other substances injurious to plant growth
in any street, park, and public place in such a manner to injure any
such tree.
(13)
To fasten any rope, wire, sign, or other device to any such
tree or to any guard about such tree.
(14)
To close or obstruct any open space about the base of any such
tree which would prevent access of air, water, and fertilizer to the
roots of any such tree.
(15)
To place or maintain in any street or ROW or park, any stone,
cement, or other sidewalk or other substance which may impede the
free access of air and water to the roots of any such tree, and, where
any such tree is surrounded by pavement of stone, placement of cement
or asphalt or any other substance tending to impede the free access
of air and water to the roots of any such tree.
B.
Any person who violates any of the above provisions or any other provisions of this chapter or who fails to comply with the terms and provisions of any permit issued pursuant hereto shall upon conviction in municipal court thereof, be liable for a fine not to exceed $1,000 and may be incarcerated for up to 30 days in the discretion of the court. Each day that a violation shall continue shall constitute a separate offense. In the case of an illegal tree removal, the person shall in addition to the fine, be required to pay a tree replacement fee in accordance with the Tree Replacement Requirements Table provided in § 259-6.
A.
Property owners may appeal decisions of the Tree Officer under the
following procedures:
(1)
The property owner must submit an appeal in writing to the Clerk
of the Borough of Palmyra inclusive of their reasons and third-party
evidence upon which the appeal will be based. Examples of third-party
evidence are photographs, surveys, authoritative documents, expert
reports by a LTCO, LTE or an ISA Certified Arborist or other evidence
in support of the appeal.
(2)
The Borough Council PSTAB liaison shall have 30 days from the date
of receipt of the written documents from the Borough Clerk to review
the information and shall either grant or deny the property owner's
appeal with the reasons stated. If additional information is subsequently
submitted, then the Borough Council PSTAB liaison shall have an additional
30 days from the date of submission of the additional information
to either accept or reject, with reasons stated, the property owner's
appeal.
(3)
In the event that the above conditions are met, and the Borough Council
PSTAB liaison has rejected the property owner's appeal, then
the property owner may present the same request and the same information
to the governing body by delivering same to the Administrator. The
governing body shall have 30 days from the date of receipt of the
written documents from the Administrator to review the information
and shall either grant or deny the property owner's appeal with
the reasons stated.
(4)
In the event that the above conditions are met, and the governing
body has rejected the property owner's appeal, then, and only
then, will all administrative remedies be considered exhausted, and
the property owner may pursue other legal options.
B.
The cost of obtaining and submitting any reasonably requested information
shall be at the expense of the property owner regardless of the outcome
of the appeal.
Nothing in this chapter shall be construed to make the Borough,
any Borough employee, the PSTAB, any PSTAB member, or the Tree Officer
responsible for the death or injury of any person, or for injury to
any property or tree. Liability for any such death, injury or property
damage shall be governed by relevant provisions of the New Jersey
Tort Claims Act (N.J.S.A. 59:1-1 et seq.).
