[Adopted 2-2-2016]
A.
Indiscriminate, uncontrolled and excess destruction, removal and
cutting of trees upon lots and tracts of land within Union City will
cause increased drainage control costs, 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. The singular or cumulative effect of any of the
foregoing could adversely impact the character of Union City, decrease
property values, render the land unfit and unsuitable for its most
appropriate use, and negatively affect the health, safety and general
welfare of Union City's residents. Thus, the City governing body
desires to regulate and control indiscriminate and excessive cutting
of trees within the City and to require appropriate tree replacement.
B.
It is recognized that there is a strong interrelationship between
the integrity of the City's water resources, development on steep
slopes, tree removal, soil disturbance, stormwater management and
the general use of the land resources. Fewer trees throughout the
City also correlates with increased air pollution. Therefore, the
governing body finds that the appropriate management of these resources
is an important health, safety and general welfare concern. It is
the intention of the City of Union City to control the cutting, removal
and destruction of trees within the City, thereby preserving the maximum
number of trees for the purposes stated herein.
The terms below as used in this article shall have the meanings
established by the International Society of Arboriculture, as supplemented
below:
"Caliper" is a type of diameter measurement used in the nursery
industry. The height measurement shall be taken from ground level
for field-grown stock and from the soil line for container-grown stock,
which should be at or near the top of the root flare. Caliper measurement
of the trunk shall be taken six inches above the top of root flare
up to and including four-inch caliper size. If the caliper at six
inches above the ground exceeds four inches, the caliper should be
measured at 12 inches above the top of root flare. Seldom are tree
trunks perfectly round. The most accurate measurement will result
from the use of a diameter tape. Caliper measurements taken with manual
or electronic slot or pincer type caliper tools should be the average
of the smallest and largest measurements.
The diameter of a tree measured 4 1/2 feet above the
uphill/highest side.
The line formed by water dripping from the outermost branches
of a tree.
Any event or condition which has damaged or destroyed a tree,
such that the continued presence of such damaged or destroyed tree
imminently threatens harm to life or property in proximity thereto.
Any person having title or lawful possession of any lot,
plot or parcel of land within the City.
Any tree located on private land within the City.
A barrier constructed to protect the root system or trunk
of a tree from damage.
Trees within City right-of-way.
Any tree located on lands owned, or leased by the City of
Union City or any of the public entities or subdivisions created by
the City of Union City including, but not limited to, the Parking
Authority and Housing Authority.
Tree roots within the drip line perimeter.
The advisory body established pursuant to City of Union City municipal ordinance § 4-93.
Any living deciduous tree having a DBH greater than two inches
diameter. A deciduous tree is a tree which shades foliage at the end
of the growing season, or some other specific stage of the growing
season.
Any living coniferous tree having a DBH greater than four inches
diameter. A coniferous tree is a cone-bearing tree (for example, an
evergreen is a coniferous tree).
Any living dogwood (cornus florida) or American Holly (ilex
opaca) having a DBH of one inch or greater diameter.
A fund established by the governing body for the administration
and promotion of tree and shrubbery resource sustainability projects
and practices which may be consistent with the Community Stewardship
Incentive Program as outlined within the New Jersey Shade Tree and
Community Forestry Assistance Act, N.J.S.A. § 13:1L-17.1
et seq.
The permit issued by the Shade Tree Committee or its designee
to remove or destroy a tree or trees.
The Mayor shall appoint a Tree Specialist. This individual shall
be responsible for the inspection of sites for which application(s)
are filed under this article. This individual will be responsible
for the administration and protection requirements of this article
and enforcement of the article as directed by the Shade Tree Commission.
A Tree Specialist is either of the following:
A forester who shall have a bachelor's degree in forestry
or arboriculture from a college or university, shall be certified
as a certified tree expert by the State of New Jersey and shall have
a minimum of three years' experience in planting, care and maintenance
of trees. The forester shall have the responsibility of reviewing
an approved forest management plan and inspecting the forested site
for plan compliance if requested by the Tax Assessor.
A conservation officer who shall be certified as a certified
tree expert by the State of New Jersey and shall have a minimum of
three years' experience in planting, care and maintenance of
trees.
The Tree Specialist shall be paid from the Tree Escrow Fund,
which is established herein, and shall be paid in accordance with
a fee schedule established by contract with the municipality.
A.
No person shall remove, destroy, or cause or allow any living tree
to be removed or destroyed without first obtaining a permit.
C.
No person shall alter the existing grade surrounding any tree by
more than six inches without constructing an appropriate masonry well
or wall to provide retention of the original grade around the tree.
Such masonry structure shall encircle the tree at a distance of at
least three feet. Specifications for the construction of the masonry
well or wall shall be established by the City Construction Department,
and a permit and certificate of approval shall be obtained relative
thereto.
D.
Exceptions. The provisions of this article shall not apply to the
following:
(1)
Any tree of less than six inches DBH.
(2)
Any tree or trees planted and grown for commercial purposes on property
used as a commercial nursery, tree farm, garden center, Christmas
tree plantation or tree orchard.
(3)
Any tree growing in a utility right-of-way or fire trail subject
to the approval of the Department of Public Works.
(4)
Any private trees located in the rear yard or backyard of any private
land located in the City.
A.
Prior to removal or destruction of any living tree preserved by this
article, any person desiring such removal or destruction must obtain
a permit for said action by filing an application with the Department
of Public Works on a form prescribed by the Department of Public Works.
However, if a tree must be removed or destroyed due to an emergency
as defined herein, then the Department of Public Works shall be notified
of the removal in writing within five working days of removal.
B.
The application for a permit shall identify the lot or tract of land
upon which the living tree(s) are located; and shall disclose:
(1)
The name and address of the owner and/or the tenant or duly authorized
agent of the owner;
(2)
Indication of whether or not the applicant is a public utility;
(3)
The lot and block of the property;
(4)
The shape and dimensions of the lot or parcel, including the location
of all existing and proposed easements;
(5)
The actual location, species and diameter of the trees to be removed
or destroyed;
(6)
The location of any existing buildings or construction; and
(7)
The reason for the requested removal.
C.
The Department of Public Works shall charge any person a fee of $10
upon the filing of a completed application. However, no fee shall
be charged to obtain a permit for the removal or destruction of a
diseased tree, or a tree that must be removed due to an emergency,
as defined herein. If a tree must be removed or destroyed due to an
emergency as defined herein, then the Department of Public Works shall
be notified of the removal in writing within five business days of
removal.
A.
Upon the filing of a complete application with the Department of
Public Works, the Tree Supervisor/Tree Specialist shall within 30
days:
B.
After completing the inspection, the Tree Supervisor/Tree Specialist
shall determine whether or not the permit should be granted in accordance
with the following standards.
(1)
A living tree may be removed from the following areas, or under the
following circumstances:
(a)
The tree is in an area to be occupied by a building, driveway,
street, utility easement, or other improvement to a property (e.g.,
swimming pool, deck or patio) or the tree is within a distance of
10 feet of such area;
(b)
The tree is so diseased or invested as to be a danger to other
trees in the community as determined by the Tree Supervisor/Tree Specialist;
(c)
The presence of the tree is the cause of hardship or danger
to the property owner or the general public, as determined by the
Tree Supervisor/Tree Specialist.
C.
The Tree Supervisor/Tree Specialist shall approve or deny the tree
removal permit within 10 business days after completion of the inspection.
The application shall be returned to the Department of Public Works,
which shall issue or deny the permit based upon the determination
of the Tree Supervisor/Tree Specialist. The Department of Public Works
shall notify the applicant in writing of the factual basis and criteria
for any denial within one week of receipt of the Tree Supervisor/Tree
Specialist's determination.
D.
Any applicant for a permit may appeal an adverse permit determination.
The appeal shall be made by filing written notice with the City Clerk
within 10 days after receipt of notification by the Department of
Public Works. The Commissioners, upon notice to the applicant, shall
hear the appeal. The Commissioners may affirm, reverse or modify the
permit determination. The decision of the Commissioners shall constitute
the final administrative determination of the application.
E.
Applications for removal of trees on county roads or streets are
subject to the provisions of this article, except that the county
must be notified of any proposed removal of a tree on a county road,
and the county may require that it approve any such tree removal and/or
accomplish such removal.
A.
Application.
(1)
The applicant, at time of filing the application with the Department
of Public Works, shall pay the application fee of $10 for each new
or existing lot. No application shall be considered without the payment
of the required fees. No fee shall be charged to obtain a permit for
a tree removed due to an emergency as defined herein.
B.
Tree Escrow Fund.
(1)
A Tree Escrow Fund shall be established and maintained by the City
to receive and disburse replacement tree contributions. Appropriations
from the tree fund shall be authorized by the Board of Commissioners.
(2)
The primary purpose of said fund is to provide for the planting and
maintenance of trees and shrubs on public property. The fund will
also cover administrative costs to implement the provisions of this
article, including but not limited to site inspections, processing
of permits and supervision of tree replacements. Administrative costs
imposed in accordance with this article shall not exceed 30% of the
fund, as determined on an annual basis.
A.
Any person who has received a permit to remove a tree pursuant to
this article, or caused the removal or destruction of a tree preserved
by this article, from a parcel of land in the City shall replant a
tree on that same parcel. Such tree shall have two inches to 2.5 inches
caliper and shall be a minimum of 12 feet tall. Replanting shall be
carried out in accordance with the New Jersey Department of Environmental
Protection, Division of Parks and Forestry, Forestry Services practices
regarding Urban Forestry.
B.
If any person does not replace a removed or destroyed tree as mandated by this subsection within 60 days of receipt of the tree removal permit noted in Subsection A above, such person shall pay a fee of $1,000 to the City of Union City to be deposited in a Tree Escrow Fund.
C.
If a tree is replanted in accordance with the mandates of this article,
and the tree dies within one growing season (typically one year of
planting), no additional permit fee shall be charged. Notwithstanding
same, any tree that dies within one growing season must be replaced
within 60 days.
A.
If a tree, or any part of a tree, along any street becomes dangerous
or hazardous to public safety, the owner of the property upon which
the tree stands shall remove the tree, or part of the tree, at the
owner's expense, upon receipt of written notification from the
City.
B.
If the owner fails to remove the tree or portion thereof within 10
days of receipt of written notice to do so, the work shall be performed
by the City under the supervision of the Department of Public Works,
who shall certify the cost to the Board of Commissioners.
C.
Upon receipt of the certified costs, the Board of Commissioners shall
examine them and, if found to be correct, shall cause the costs to
be charged against the lands. If the Board of Commissioners finds
the costs to be excessive, it shall cause reasonable costs to be charged
against the lands. The amount so charged shall become a lien upon
the lands and shall be added to and become part of the taxes next
to be assessed and levied upon the lands. Same shall bear interest
as other taxes and be collected and enforced by the Tax Collector
in the same manner as taxes.
It shall be unlawful to commit any of the following acts against
any public tree without prior written permission from the public entity
responsible for the public tree:
A.
Cut, prune, break, injure, alter or remove any public tree; or cut,
unduly disturb, or interfere in any way with any root of a public
tree.
B.
Spray any public tree with a chemical.
C.
Fasten any rope, wire, sign or other device to a public tree or to
any guard about the public tree.
D.
Remove or injure any guard or device placed to protect any public
tree.
E.
Close or obstruct any open spaces found about the base of a public
tree which permits the base or roots of a public tree access to air,
water and/or fertilizer.
F.
String any wires or lines through a public park.
G.
Any public utility required to prune any public trees so that it
can obtain required line clearances for overhead utility wires may
file annually for a permit to perform pruning. In addition, the public
utility must notify the City when pruning activities will take place
by way of a writing describing the proposed pruning activities and
the location of same served upon the Tree Specialist at least 30 days
prior to the proposed pruning activity. The proposed pruning activity
shall only take place upon approval by the Tree Specialist. The fee
for the annual permit shall be $100.
A.
The requirements of this article shall be enforced by the Tree Supervisor/Tree
Specialist of the Department of Public Works or his designee, the
Construction Official or his designee, the Health Officer or his designee,
or members of the Union City Police Department, who shall seek penalties
as provided by this article.
B.
Any enforcing agent may issue a stop-work order for any tree work
or other activity (except those on an emergency basis) which he believes
is undertaken in violation of any provision of this article. The order
shall be issued verbally and followed up in writing as soon as practicable
to any person engaged in such tree work or such activity in violation
of this article. If no such person is present upon the property, then
the stop-work order shall be made to the owner of the property. No
tree work or other activity may be resumed until a permit is obtained.
D.
It shall not be a defense for any person charged with violating this
article to state that he or she believed that a permit had been obtained.
In the case of unauthorized removal or destruction of a tree, such
person shall replace each tree destroyed or removed in violation of
this article with another tree of like or superior species, as determined
by the Tree Specialist, with a DBH of at least 4.5 inches and which
shall be a minimum of 12 feet tall.
E.
Each tree or part thereof destroyed or removed in violation of this
article shall be considered a separate offense.
F.
Any person who damages any public tree(s) shall be responsible for
the cost of repair or replacement of the public tree(s). In addition
to the penalties set forth herein, any person who damages any public
tree shall pay the City the cost of repair or replacement within 30
days of presentment of an itemized bill for the costs. Failure to
pay the repair or replacement cost within 30 days of presentment shall
subject the person to the penalties described above. In addition,
the City may pursue any available civil remedy to collect the bill
for damages to any public tree.
The Tree Supervisor/Tree Specialist shall report to the Board
of Commissioners on an annual basis the number of permits granted
and refused in each calendar year pursuant to this article. Such report
shall be supplied by March 31 annually for the preceding year.
