[HISTORY: Adopted by the Mayor and Council of the Borough of Demarest as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-16-1989 by Ord. No. 673]
As used in this article, the following terms have the meanings indicated:
COMMISSION
The Shade Tree Commission of the Borough of Demarest, including any of its agents, employees and duly appointed members and as stipulated in Chapter 53 of the Code of the Borough of Demarest.
LARGE TREES
Those attaining a height of 45 feet or more.
[Added 11-15-1993 by Ord. No. 737]
MEDIUM TREES
Those attaining a height of 25 feet to 45 feet.
[Added 11-15-1993 by Ord. No. 737]
PARKS
All Borough-owned property designated as parks, nature centers and undeveloped lands. Included are lands known as the "Demarest Swim Club."
PERMIT
Written permission of the Commission whenever, pursuant to the provisions of this article, the Commission shall have occasion to review and decide upon an application for a permit for existing and new works. It shall, in determining whether or not to issue such permit, take into consideration the nature, species, size, age and condition of each and every tree involved; the location in the street or park; the planting, care, protection, maintenance or removal procedures involved; the public safety and welfare; and the advancement of the policies of the Commission.
PERSON
Any individual, association or individuals, partnership, corporation or combinations.
PUBLIC PLACES
Included are land areas around and adjacent to Borough-owned buildings, namely Borough Hall, Department of Public Works and Railroad Station.
SHADE TREE EASEMENT
Pursuant to § 153-17D, an area five feet in width and abutting the right-of-way line of a street on properties which have received subdivision or site plan approval.
[Added 1-5-1992 by Ord. No. 711]
SMALL TREES
Those attaining a height of 25 feet.
[Added 11-15-1993 by Ord. No. 737]
STREET
Any road or public highway used for street purposes, regardless of whether it has been formally accepted by the Borough of Demarest. A street shall be deemed to include all portions lying between the established right-of-way and front property lines of lands abutting the street.
TREE
Any tree, shrub or plant or any root, branch, flower or other part that is located in or upon any public street, park, public place or shade tree easement.
UNHEALTHY TREE
Any tree or portion of a tree greater than six inches in diameter that because of disease or injury has become a falling safety hazard. The Commission shall make this determination.
The provisions and requirements of this article shall apply to the Borough-owned lands as street rights-of-way, parks and public places.
A. 
No person shall, without a permit, do or cause to be done any of the following:
(1) 
Cut, prune, break, injure, remove, destroy or interfere harmfully in any manner with any tree.
(2) 
Spray, with any chemical, any tree or near a tree to cause injury or death to said tree.
(3) 
Fasten any rope, wire, sign or device to a tree or to any guard about such tree.
(4) 
Remove or injure any guard or device placed to protect any tree.
(5) 
Close or obstruct any open space provided about the base of a tree to permit the access of air, water and fertilizer to the roots of such tree.
B. 
Nothing shall prevent any governmental agency from tying a public notice upon a tree in connection with administering governmental affairs, excluding trees in the shade tree easement.
C. 
Notwithstanding any other provision of this section, any person who has received written notice from the Borough Engineer or Superintendent of the Department of Public Works pursuant to § 150-18 of the Code of the Borough of Demarest to replace or cause a sidewalk to be replaced and made in good and passable condition shall, if it is tree or part thereof, including a root, which has caused the deteriorated, broken or hazardous sidewalk, secure written approval for the necessary work from the Shade Tree Commission of the Borough of Demarest. It shall be the obligation of the abutting property owner to obtain the necessary permit from the Shade Tree Commission and perform the work permitted, said work to be accomplished in a manner and with workmanship approved by the Shade Tree Commission during the permit process. If the Shade Tree Commission refuses to issue a permit pursuant to this subsection, it shall send written notice of denial to the Superintendent of Public Works and the Borough Clerk, as well as the property owner. In the event that the Shade Tree Commission has denied the permit, the property owner shall be relieved of his obligation to comply with the notice to repair the sidewalk only to the extent that a tree or a portion of the tree or its roots interferes with said repair work.
[Added 1-5-1992 by Ord. No. 711]
[Amended 11-15-1993 by Ord. No. 737]
No person shall plant any tree in any park or street without a permit or written direction from the Commission. Planting in the shade tree easement is not regulated by this article.
A. 
The spacing for planting of street trees shall be in accordance with the three size classes listed under § 163-1, Definitions, as follows: for a small tree, shall be 30 feet; for a medium tree shall be 40 feet and for a large tree shall be 50 feet, except in special plantings approved by the Shade Tree Commission.
B. 
When practicable, the planting distance from curbs or curblines and sidewalks shall be in accordance with the three size classes listed under § 163-1, Definitions, as follows: for a small tree shall be two feet, for a medium tree shall be three feet and for a large tree shall be four feet.
C. 
No street trees, other than those species classified as small trees in § 163-1, Definitions, may be planted closer than 15 feet to the vertical plane of an existing power line, excluding service wires, or within 7 1/2 lateral feet of any underground waterline, sewer line or other utility.
D. 
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 action is to prevent injury to newly planted trees from lawn mowers and trimmers.
[Amended 1-5-1992 by Ord. No. 711]
A. 
The abutting property owner shall be charged, if the Commission so determines, for the planting and removal of street trees in accordance with and in a manner prescribed by law. Unhealthy tree removals and prunings in the Borough right-of-way shall be done by the Borough as directed by the Commission. The provisions of this section shall not apply to:
(1) 
Planting to replace a tree or trees theretofore planted by the Commission.
(2) 
A planting in connection with Arbor Day exercises or other educational demonstrations.
(3) 
Where the planting or removal of one or more trees is done by and at the expense any person pursuant to a permit issued by the Commission.
B. 
Planting or removal shall be accomplished in compliance with the specifications as set forth by the permit.
C. 
The Commission shall adopt uniform rules and regulations which shall be utilized by the Commission in determining when the initial cost of trees planted by the Commission, the cost of planting the same, the cost of the posts and boxes or guards used for the protection thereof and the cost of the removal of any or part thereof dangerous to public safety shall be a charge upon the real estate in front of which such tree or trees shall be planted or removed as an improvement thereof.
D. 
The Commission shall determine the species, quantity, quality and manner of planting and removal and whether the Commission or the owner of the real estate in front of which any such trees shall be planted or removed shall perform or otherwise be responsible for the performance of the planting or removal.
[Added 1-5-1992 by Ord. No. 711]
If it is determined, pursuant to the uniform rules and regulations adopted by the Commission, that the cost is to be paid by the owner of the real estate in front of which a tree or trees shall be planted or removed, then unless said cost is paid directly by said owner to the Commission, said cost shall be certified by the Commission to the Collector of Taxes and shall thereupon become a lien upon said real estate and shall be included in the next tax bill rendered to the owner or owners thereof and be collected in the same manner as other taxes against that property.
[Added 1-5-1992 by Ord. No. 711]
In every case where the property of an abutting owner will be chargeable with the cost of the planting of any shade tree or trees, the Commission shall give notice of the meeting at which it is proposed to consider said planting by publishing the notice at least once, not less than 20 days before the meeting, in a newspaper circulating in the Borough of Demarest or by personal service of a copy of the notice upon the abutting owner at least 10 days before the meeting. The notice shall specify the street, streets or portions thereof on which such planting is proposed and require all persons who may object thereto to present their objections, in writing, at the office of the Commission at or before the meeting. Before final action shall be taken, all objections so filed shall be considered. The Commission shall give reasonable notice of its intention to remove or cause the removal of a tree or part of tree dangerous to public safety, unless public safety requires that immediate removal shall be made in accordance with the uniform rules and regulations adopted by the Commission.
A. 
Any development and site improvement, including but not limited to individual lots or buildings, which shall impact any existing shade tree shall be required to have a plan for shade trees. This plan is to be reviewed and approved by the Shade Tree Commission prior to issuance of any municipal approvals.
[Amended 11-19-2001 by Ord. No. 850]
B. 
The planting and/or protection of shade trees included in the above approvals shall be incorporated into the building permits for individual lots and resolutions of approval of any development by the Board of Adjustment or Planning Board.
C. 
The performance or maintenance bond shall include an amount of $1,500 for each existing shade tree approved by the Shade Tree Commission pursuant to Subsection A above in the Borough street right-of-way or shade tree easement, but in no event to exceed $10,000.
[Amended 11-19-2001 by Ord. No. 850]
D. 
The required maintenance bond shall be released upon written request of the developer, contractor or owner, as the case may be, two years after the date of issuance of a certificate of occupancy and upon approval of the Shade Tree Commission that the aforesaid trees are in a healthy condition and have been maintained properly.
[Added 2-24-2003 by Ord. No. 867]
Where any tree is to be surrounded by pavement of stone, cement or other substance tending to impede the free access of air and water to the roots of the tree, no portion of that pavement shall be nearer than two feet to the base of the trunk.
A. 
No person shall place salt or other substances injurious to plant growth in any street, park and public place in such a manner as to injure any tree.
B. 
No person shall build fires or station any tar kettle, road roller, fuel oil dispensing truck or other engine in any street or other public place in such manner that the heat, vapors, fuel or fumes may injure a tree.
C. 
Every person having or maintaining utility lines in the street, park or public place shall maintain such lines in a manner as will safeguard the tree against damage and make periodic adjustments whenever necessary to prevent damage to trees.
[Added 1-5-1992 by Ord. No. 711]
The Commission shall have the power to administer treatment to or remove any tree(s) situated upon private property which is believed to harbor a disease or insects readily communicable to neighboring healthy trees in the care of the municipality and to enter upon private property for that purpose, with the consent of the owner thereof, provided that the suspected condition is first confirmed by a certificate issued by or on behalf of the Department of Agriculture.
A. 
In the erection, alteration or repair of any building, the owner, contractor or person in charge shall place such guards around all nearby trees as will effectively protect them from injury.
B. 
No person shall do any excavating within four feet of any tree without a permit.
C. 
No person shall operate excavation and earthmoving equipment in such a manner as to injure any tree.
A. 
No person shall string a wire in or through a park or public place without a permit.
B. 
Every person having or maintaining electric, telephone or other wires through a street or park shall securely fasten and maintain such wires in such a manner as to safeguard all trees.
C. 
No person shall, without a permit, attach a wire, insulators or other devices to any tree.
D. 
Whenever the Commission shall deem it necessary to prune or remove any tree, any person having wire running in or through any street or park shall temporarily remove such wire within 24 hours of notice, in writing, by the Commission.
E. 
Any utility company or its agents may, with prior written permission from the Commission, prune and remove trees for line clearance.
A. 
Any person who violates any of the provisions of this article or who fails to comply with the terms and provisions of any permit issued pursuant hereto shall, upon conviction, be subject to a fine not to exceed $1,500 or to imprisonment in the county jail for not more than 90 days or to a period of community service not exceeding 90 days, or all of the above, in the discretion of the Judge imposing the same.
[Amended 7-15-1991 by Ord. No. 703; 11-15-1993 by Ord. No. 737]
B. 
Each day that a violation shall continue shall constitute a separate offense.
C. 
In addition to the penalties authorized by Subsection A of this section, the Shade Tree Commission may require a person who removes or otherwise destroys a tree in violation of this article to pay a replacement assessment to the Borough. The replacement assessment shall be calculated based upon the number of square inches contained in the cross section of the trunk of the tree multiplied by $27 per square inch. The square-inch cross section shall be calculated from the diameter at breast height and, if there is a multiple-stem tree, then each trunk shall be measured and an average shall be determined for the tree. For purposes of this section, "diameter at breast height" shall mean the diameter of the tree taken at a point 4 1/2 feet above ground level. The Shade Tree Commission shall modify the value and replacement assessment based upon the tree's species, variety, location and condition at the time of removal or destruction.
[Added 11-19-2001 by Ord. No. 850]
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 said public utility or cable television company has acquired an easement or right-of-way, shall not be subject to any penalty imposed by Subsections A or C of this section. However, this subsection does not exempt any public utility or cable television company from any penalty or replacement assessment imposed for its negligent actions.
[Added 11-19-2001 by Ord. No. 850]
[Added 1-5-1992 by Ord. No. 711; amended 11-19-2001 by Ord. No. 850]
The Borough's Construction Official and members of the Police Department are authorized by law to serve and execute process in the Municipal Court of the Borough to enforce the provisions of this article.
For the purposes of this article, any planting or removal as herein mentioned shall be accomplished in such a manner as is reasonably calculated to create the least possible obstruction or interference with the public right-of-way.
[Adopted 11-23-2020 by Ord. No. 1084-20]
A. 
This article shall be known as the "Tree Removal and Protection Regulations of the Borough of Demarest."
B. 
Findings and purpose. The Borough Council finds that the preservation, protection and planting of trees aids in the stabilization of soil by the prevention of erosion and sedimentation; reduces stormwater runoff and the potential damage it may create; aids in the removal of pollutants from the air and assists in the generation of oxygen; provides a buffer and screen against noise and pollution; helps to decrease the amount and rate of stormwater runoff and to replenish ground water supplies; acts to moderate extremes of temperature and to provide shade; aids in the control of drainage and restoration of denuded soil subsequent to construction or grading; provides a haven for birds and other wildlife and otherwise enhances the environment; protects and increases property values; conserves and enhances the Borough's physical and aesthetic appearance; and generally protects the public health and safety as well as the general welfare.
The following definitions shall apply to this article. Where any definition herein conflicts with § 163-1, this section shall govern:
ACCESSORY BUILDING
A building or structure the use of which is incidental to that of the main building and which is located in the same property.
BUFFER AREA
The area along the side yard or rear yard of any lot within 10 feet from the property line.
COVERED TREE
Any major tree or minor tree.
DRIPLINE
An imaginary line on the ground beneath a tree, the location determined by extending a vertical line from the outermost branches of a tree to the ground.
LANDMARK TREE
Any tree designated and identified as such by the Mayor and Council pursuant to the standards set forth herein.
MAJOR TREE
A deciduous or evergreen tree with a caliper measurement of at least four inches measured at three feet above ground level.
MINOR TREE
A deciduous or evergreen tree at least six feet in height measured from ground level that is not a major tree.
PRINCIPAL BUILDING
The main building constructed for occupancy or use on the property.
STRUCTURE
A combination of materials forming a construction for occupancy, use or ornamentation, whether installed on, above or below the surface of a parcel of land, but not including a principal building and an accessory building.
A. 
No person shall cut down or remove any covered tree or engage in any site clearing until a tree removal permit has been obtained from the Borough.
B. 
No person shall remove any landmark tree without the prior approval of the Mayor and Council.
Application for a tree removal permit shall be made by submission of the following:
A. 
An original and two copies of an application on forms provided by the Borough containing the following information: name and address of the applicant; the street address and tax lot and block of the property in question; the number of trees to be removed; and such other information as may be required.
B. 
An original and two copies of a tree removal plan consisting of a map drawn to scale showing the location of all covered trees and all trees to be removed, and the species and caliper of all such trees. The plan must also show the location of any existing or proposed buildings, driveways, or other structures.
C. 
An original and two copies of a separate list of the trees to be removed, identifying each tree on the tree removal plan by species and caliper, stating the condition of each tree as "dead," "poor," or "good," and explaining why removal is justified under the standards of this article.
D. 
If tree mitigation is required pursuant to Subsection C hereof, an original and two copies of a tree mitigation plan consisting of a map drawn to scale showing the location of all trees to be planted, the species of such trees and their caliper or size as required.
E. 
If the proposed tree removal is for site clearing or other tree removal purposes pursuant to an approved development application, the tree removal plan and the tree mitigation plan must be prepared, signed and sealed by a licensed professional engineer or land surveyor.
F. 
The applicant shall place a one-inch-wide red ribbon at a height of 4 1/2 feet above ground level around the trunk of each tree to be removed, so that the proposed tree removal may be inspected in the field.
The fee for a tree removal permit shall be based on the number of covered trees to be removed (for which purpose a major tree shall be counted as one covered tree and a minor tree shall be counted as 1/3 of a covered tree) as follows:
Number of Covered Trees
Fee
1 to 5
$25
6 to 10
$250
11 to 20
$500
21 to 30
$1,000
31 and over
$2,500 plus an additional $100 for each additional covered trees or part thereof > 50
The following standards for review of applications shall apply:
A. 
Permitted removal. No covered tree shall be permitted to be removed unless the tree:
(1) 
Is dead or poses a safety hazard.
(2) 
Is located within the building footprint of a proposed principal building or addition thereto, for which a construction permit has been obtained.
(3) 
Is located within the area of a proposed accessory building, or a proposed driveway, walkway or other structure, for which all applicable permits have been obtained.
(4) 
Has a dripline which is not in a buffer area.
(5) 
Is part of a landscaping renovation project on a lot used for one- or two-family residential use for which a certificate of occupancy was issued at least 24 months prior to the date of submission of the application for a tree removal permit.
(6) 
Is specifically permitted to be removed in a site plan approved pursuant to the Municipal Land Use Law.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B. 
Hardship appeal. In the event that an applicant believes the standards set forth in Subsection A hereof constitute a hardship which prohibits a reasonable use of all or substantially all of the property in question, an applicant may seek relief from the Demarest Shade Tree Commission. In the event that such relief is sought, the applicant shall submit to the Borough Clerk an additional 10 copies of the documents required to be submitted for the tree removal permit, together with 10 copies of a written statement as to the reasons for the claimed hardship. In addition, the applicant shall submit a fee for the hearing of the matter in the amount of $500, which fee shall be refunded to the applicant if the hardship permit is granted. Upon submission of a complete appeal application, the Borough Clerk shall schedule a public hearing before the Demarest Shade Tree Commission in connection with the requested relief. The applicant shall cause a notice to be published in an official newspaper of the Borough a notice setting forth the time, date and place of the hearing to be so held, together with a brief statement of the relief requested. Such notice must be published within 10 days prior to the date of the hearing. Additionally, the applicant shall cause a similar notice to be served upon all property owners within 200 feet of the property in question, by certified mail/return receipt requested or by personal service. Proof of publication and service of notice shall be required to be submitted to the Borough Clerk prior to the hearing. At the hearing, the applicant may present witnesses under oath and any other interested parties may do the same. All witnesses shall be subject to cross-examination. The decision of the Demarest Shade Tree Commission shall be binding.
C. 
Mitigation. Mitigation for tree removal shall be required as follows:
(1) 
No mitigation shall be required in connection with tree removal conducted pursuant to a permit issued under Subsection A(1), (2) or (3) above.
(2) 
Mitigation shall be required pursuant to this Subsection C in the event of tree removal pursuant to Subsection A(4), (5) or (6) above.
(3) 
For each tree for which mitigation is required pursuant to Subsection C(2), above, the following shall apply:
(a) 
For each covered tree removed pursuant to the standards of this section, the applicant shall plant a replacement major tree or minor tree, as the case may be (meaning that removed major trees shall be replaced by the required number of major trees of similar size to the major tree(s) being removed, and removed minor trees shall be replaced by the required number of minor trees of similar size to the minor tree(s) being removed), on the property in question as follows:
Caliper of Major Tree Removed
(inches)
Height of Minor Tree Removed
(feet)
Number of Trees Required for Mitigation
3 to no more than 6
6 to no more than 8
None if <3 trees removed
6 to no more than 9
8 to no more than 10
1 for every 2 trees removed
9 to no more than 12
10 to no more than 12
1 for every tree removed
12 or greater
12 or more
2 for every 1 tree removed
(b) 
The caliper of trees with multiple trunks shall be calculated by multiplying the caliper of the larger trunk by 1.5 times.
(c) 
In the event the applicant asserts the mitigative planting of trees on the property in question would be inappropriate, and the Shade Tree Commission agrees, the Commission may exercise its good faith discretion to i) waive the mitigation requirement, and/or ii) allow the applicant, in lieu of planting trees, to pay to the Borough a sum equal to the approximate cost of each such tree to have been planted, as such cost may be determined from time to time by resolution of the Mayor and Borough Council, such sum to be applied for the purpose of planting shade trees elsewhere in the municipality; provided, however, that these options shall not be exercised with respect to the replacement of more than five major trees.
(d) 
Upon the approval of the Demarest Shade Tree Commission, the applicant may exercise the option of planting three minor trees for each major tree required pursuant to the mitigation requirements; provided, however, that this option shall not be exercised with respect to the replacement of more than five major trees.
(4) 
In the event that tree removal occurs other than as permitted in Subsection A above, mitigation shall be required at a rate of 2 1/2 times the number of trees required pursuant to Subsection A above.
(5) 
In the event that it is unknown or in question in any given instance as to whether mitigation should be determined on the basis of a minor tree or a major tree, mitigation shall be required on the basis of a major tree.
(6) 
In the event that it is unknown how many trees were removed from any given site, and removal took place without a tree removal permit having been issued, the number of trees requiring mitigation shall be computed by assuming major trees existed 10 feet on center and plotting the maximum number of those trees as circles of a five-foot radius without having the circles overlap or extend beyond the property lines or driplines of existing trees.
(7) 
Mitigation in any instance is not to be considered a penalty, rather an implementation of the purposes of this article. Mitigation shall not be a substitute for, but shall be in addition to, any penalty imposed for violation of the provisions of this article.
(8) 
Upon the approval of the Mayor and Council, the mitigation requirements required pursuant to this section may be satisfied by the applicant donating the tree to be removed to the Borough of Demarest, to be planted elsewhere in the Borough of Demarest at the expense of the applicant. The Demarest Shade Tree Commission shall inspect any such trees and submit a recommendation to the Mayor and Council whether to accept or not to accept such donation.
A. 
As a precondition to the issuance of a permit where mitigation is required, the applicant shall post a cash bond to assure mitigation in an amount equal to the amount set forth in the resolution adopted by the Mayor and Borough Council pursuant to § 163-19C for each major tree and minor tree to be planted. Upon the satisfactory completion of the required mitigation, the Borough shall return 80% of the cash bond to the applicant. The remaining 20% of the cash bond shall be retained by the Borough for a period of 12 months to assure survival of the tree or trees planted by the applicant in satisfaction of the mitigation requirements, after which the remaining cash bond shall be returned to the applicant upon the recommendation of the Demarest Shade Tree Commission and the approval of the Mayor and Council.
B. 
The applicant shall contact the Demarest Shade Tree Commission within 48 hours of the completion of the planting of the trees required for mitigation to schedule a date and time for an inspection in order for the Borough to determine whether the required mitigation has been completed satisfactorily.
C. 
Notwithstanding the above, the applicant and/or property owner shall forfeit the cash bond amount if the applicant and/or property owner fails to complete the planting of the trees within the time of completion set forth in § 163-21. Prior to the forfeiture of any cash bond monies, the Demarest Shade Tree Commission shall cause a written notice to be served upon the applicant and/or property owner who posted the cash bond. Service of the notice shall be made in person or by certified mail, return receipt requested. Upon service of any notice pursuant to this subsection, the applicant and/or property owner shall have 10 days, or such further time as the Mayor and Council shall agree, in writing, to plant the trees that have not been planted, or the applicant and/or property owner shall forfeit any cash bond amounts posted by the applicant and/or property owner. Any monies forfeited by the applicant and/or property owner shall be deposited in the Borough's shade tree fund for use by the Demarest Shade Tree Commission to plant trees elsewhere in the municipality.
The trees required to be planted by the applicant and/or property owner pursuant to § 163-19C shall be planted within six months after the issuance of the tree removal permit if the tree removal was not in conjunction with building construction; or, if the tree removal was in conjunction with building construction, within six months of completion of the project, the issuance of a certificate of occupancy, or the issuance of a certificate of approval, whichever shall be sooner. The applicant may submit a written request to the Demarest Shade Tree Commission for an extension of time of up to an additional three months due to unforeseen circumstances or weather conditions, which request shall not be unreasonably denied. Any request for an extension of time greater than three months must be submitted, in writing, to the Mayor and Council for consideration.
A. 
In connection with any building construction, subsequent to tree clearing but prior to the issuance of a building permit or start of construction, snow fencing or other protective barrier acceptable to the municipal official authorized to issue the building permit shall be placed around major trees and minor trees that are not to be removed. The protection barriers shall be placed at a distance of at least 10 feet from the trunk of the tree or the tree's dripline, whichever distance shall be greater, and shall remain in place until all construction activity on the property has terminated. No equipment, chemicals, soil deposits or construction materials shall be placed within any area so protected by barriers. Any landscaping activities subsequent to the removal of the barriers shall be accomplished with light machinery or hand labor.
B. 
No person shall:
(1) 
Cut down or remove any tree except as permitted by this section, nor allow or cause such cutting or removal.
(2) 
Cause or allow any willful damage, injury or disfigurement of any tree growing within the Borough of Demarest. For purposes of this subsection, the actions of any person shall be deemed willful if the damage, injury or disfigurement of any tree is caused as the result, but not limited to the following: cutting, gashing or slitting on any tree; the pouring of any toxic liquid or other material on any tree, or on the nearby ground; the construction or placement of any nonporous material on the ground around any tree so as to cut off air, light or water from the roots; or placement or removal of any soil within 10 feet of any tree.
(3) 
Store or pile building materials or debris or place construction equipment within 10 feet of any tree.
C. 
In the event that any tree to be saved in connection with construction as set forth above or any tree planted in mitigation shall die within two years after planting, it shall be replaced by the applicant or the property owners within six months. In lieu of such replacement, the Borough Shade Tree Commission may cause the tree to be replaced at the property owner's expense, or to make a claim against the bond or cash deposit posted at the issuance of building permits as set forth in § 163-20, above.
A. 
Upon the recommendation of the Demarest Shade Tree Commission, the Mayor and Council shall determine whether any tree qualifies as a landmark tree. A tree may qualify as a landmark tree if it meets one or more of the following criteria:
(1) 
The tree species is rare.
(2) 
The tree is more than 100 years old.
(3) 
The tree is of an abnormal height or has an abnormal trunk diameter or dripline for a tree of its species.
(4) 
The location, shade value, fragrance, erosion control, aesthetic features, or scenic enhancement of such tree is of special importance to the Borough of Demarest.
(5) 
The tree is a rare ornamental or flowering tree.
B. 
All trees designated as landmark trees by the Mayor and Council shall be shown on an Official Borough Map with appropriate code marks signifying each tree's designation, number, species, age, size and other distinguishing characteristics for ready reference and periodic monitoring.
C. 
If the owner or owners of the property on which a landmark tree is located consents thereto, the Borough may identify such tree as a landmark tree by the placement of a suitable marker thereon.
D. 
No person shall cut down or remove any landmark tree, whether such tree is located on public or private property, without first obtaining the approval of the Mayor and Council and a permit issued pursuant to this section.
E. 
For each landmark tree removed pursuant to Subsection D above, mitigation shall be required and the applicant shall plant five major trees on the property in question. In the event the applicant asserts the planting of trees on the property in question would be inappropriate and the Demarest Borough Shade Tree Commission, along with the Mayor and Council, agrees, the applicant may, in lieu of planting trees, pay to the Borough the sum of $1,000 for each major tree required to be planted, to be used for the purpose of planting trees elsewhere in the municipality.
F. 
If and when any landmark tree is removed, the Shade Tree Commission shall arrange for the necessary changes to be made to the official landmark tree inventory records and Borough Map.
Any person aggrieved by the decision of the municipal official charged with the administration and enforcement of this article shall have the right, within 10 days of the issuance of any decision by such official, to appeal to the Mayor and Borough Council, which shall take action as it deems appropriate in the matter. In the event of such an appeal, the procedures set forth with reference to applications based on hardship contained in § 163-19B shall apply.
Any person who violates any provision of this article shall, upon conviction thereof, be punished by a fine of $1,000 for the violation, plus an additional $500 for each tree that would have been required for mitigation. The aforementioned penalties may, upon a written plea of guilty, be paid and satisfied through the Violations Bureau of the Municipal Court without the requirement of a court appearance. Said penalties shall be in addition to, and not in lieu of, any other penalties applicable for other violations of this article.