[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: ANSI Z60 FOR NURSERY STOCK
"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.
DIAMETER BREAST HEIGHT (DBH)
The diameter of a tree measured 4 1/2 feet above the uphill/highest side.
DRIP LINE
The line formed by water dripping from the outermost branches of a tree.
EMERGENCY
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.
OWNER
Any person having title or lawful possession of any lot, plot or parcel of land within the City.
PRIVATE TREE
Any tree located on private land within the City.
PROTECTIVE BARRIER
A barrier constructed to protect the root system or trunk of a tree from damage.
PUBLIC AREA
Trees within City right-of-way.
PUBLIC TREE
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.
ROOT SYSTEM
Tree roots within the drip line perimeter.
SHADE TREE COMMITTEE
The advisory body established pursuant to City of Union City municipal ordinance § 4-93.
TREE
A. 
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.
B. 
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).
C. 
Any living dogwood (cornus florida) or American Holly (ilex opaca) having a DBH of one inch or greater diameter.
TREE ESCROW FUND
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.
TREE REMOVAL PERMIT
The permit issued by the Shade Tree Committee or its designee to remove or destroy a tree or trees.
TREE SPECIALIST
A. 
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.
B. 
A Tree Specialist is either of the following:
(1) 
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) 
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.
(2) 
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.
B. 
No person shall with intent to cause injury to any living tree:
(1) 
Girdle any living tree;
(2) 
Place salt, brine oil, chemicals or other substances injurious to plant growth within the drip line, or in any other place or manner, with intent to injure any living tree growing thereon or nearby.
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:
(1) 
Examine the premises and physical condition of the land in the vicinity of the premises;
(2) 
Inspect the tree(s) referred to in the application, and the physical conditions of the lands in the vicinity thereof;
(3) 
Take pictures of the tree(s) that are sought to be removed.
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.
(2) 
The replacement fee will be in accordance with § 87-16 below.
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.
[Amended 4-2-2024 by Ord. No. 2024-5]
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 $1,750.00 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.
C. 
Any person violating the provisions of § 87-10 shall, upon conviction, be liable to the penalty as stated in § 1-30 of this Code, in addition to the amount required in § 87-16.
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.