[HISTORY: Adopted by the Mayor and Council of the Borough
of Norwood as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 94.
Contractor licensing — See Ch. 107.
Landscapers — See Ch. 148.
Outdoor sidewalk cafes — See Ch. 164.
Solid waste — See Ch. 198.
Streets and sidewalks — See Ch. 202..
Site plan review — See Ch. 231.
Subdivision of land — See Ch. 232.
Zoning — See Ch. 233.
Cable television franchise — See Ch. A261.
[Adopted 5-11-2016 by Ord. No. 16:05]
This chapter's purpose is to regulate the practice of clear
cutting trees on private property to better protect and advance the
health, safety, and welfare of Norwood's residents and businesses.
The practice of indiscriminate clear cutting of trees increases the
Borough's costs to control drainage and causes soil erosion,
decreased soil fertility, and the deterioration of the Borough's
residential character, thus reducing property values.
The words and phrases used in this chapter will have the following
meanings:
The removal in any calendar year of more than three trees
or 20% of the trees on any lot in the Borough as depicted on the Borough's
tax map or on or in any approved subdivision plat or deed, whichever
lot is smaller in size.
Any individual, sole proprietor, corporation, partnership,
limited-liability company, or any other business.
Any living woody perennial plant with a trunk having a diameter
of at least eight inches when measured at a point that is four feet
six inches above the level of the existing grade, or, for a multiple
trunked tree, with the trunk with the largest diameter that, when
multiplied by 1.5, is at least eight inches.
No person may clear cut any lot in the Borough without obtaining
a permit from the Borough.
Applications for permission to clear cut a lot are to be filed
with the Borough Clerk's office and will state the information
requested on the application, including:
A.
The applicant's name, address, and telephone number.
B.
The address, block and lot number, and location of the property.
C.
A site plan or survey of the property showing the location of the
trees proposed to be cut.
D.
The applicant also will use visible weatherproof markings on the
trees proposed to be cut, provided that no paint or chemicals that
are harmful to the trees are used.
The applicant will pay a fee of $25 to the Borough upon the
filing of an application under this chapter.
Any application for clear cutting will be reviewed by the Mayor
and Council and will be granted or denied at a public meeting to be
held on written notice sent to the applicant at the address stated
in the application. The Mayor and Council may request comment on the
application from the Norwood Environmental Commission, the Norwood
Planning Board, the Norwood Zoning Board of Adjustment, Borough employees,
and the public.
The Mayor and Council will grant or deny any application filed
under this Chapter within 60 days of the receipt of the application
and fee, unless the applicant consents to an extension. If no action
is taken by the Mayor and Council within this time period, then the
application will be deemed denied.
The Borough's Construction Code Official will enforce this
chapter.
Any person convicted of violating the terms of this chapter will be subject to the penalties set forth in Chapter 174 of this Code. Each tree that is cut in violation of this chapter will be considered a separate violation.
[Adopted 5-11-2016 by Ord. No. 16:07[1]]
[1]
Editor's Note: This ordinance was adopted as Ch. 220, but
was renumbered to maintain the organization of the Code.
This chapter's purpose is to regulate tree experts and
tree care operators in a manner that is consistent with the Tree Expert
and Tree Care Operator's Licensing Act, N.J.S.A. 46:15C-11 et
seq.
The words and phrases used in this chapter will have the following
meanings:
The Tree Experts and Tree Care Operators Licensing Act, N.J.S.A.
46:15C-11 et seq.
A person licensed to provide tree care operator services
in the state pursuant to the Act.
A person licensed to provide tree expert services in this
state pursuant to the Act.
Any individual, sole proprietor, corporation, partnership,
limited-liability company, or any other business.
Includes tree pruning, repairing, brush cutting or removal,
tree removal, and stump grinding or removal.
Tree care operator services and tree expert service as established
by this chapter.
Includes tree pruning, repairing, brush cutting or removal,
tree removal, stump grinding or removal, tree establishment, fertilization,
cabling and bracing, lightning protection, consulting, diagnosis,
and treatment of tree problems or diseases, tree management during
site planning and development, tree assessment and risk management,
and application of pesticides or any other form of tree maintenance.
No person may provide tree care services to another person in
the Borough without filing a registration application with the Borough
Clerk's Office and obtaining a permit confirming this registration.
Property owners are not required to register to provide tree care
services on their own property in the Borough.
A.
All applications for registration will be in writing on forms furnished
by the Borough Clerk, signed by the applicant or the authorized agent
of the applicant, and presented to the Borough Clerk. The application
will state the applicant's name, the business name and address,
telephone number and email addresses, and other information the Borough
Clerk deems necessary for registration, including proof of any current
licenses issued to the applicant under the Act and proof of liability
insurance covering the work to be provided, as required by the Act.
B.
If the applicant presents proof that it is licensed under the Act,
and has the required liability insurance, then the Borough Clerk will
issue a registration certificate permit with a copy of the Borough's
ordinances relating to trees upon the payment of the registration
fee.
C.
If the applicant is not licensed by the state under the Act to perform
the tree care services, then the applicant will provide any other
information requested by the Borough Clerk that is necessary to confirm
that the applicant is qualified to perform the tree care services
and has adequate liability insurance covering the work to be performed.
The Borough Clerk will, after appropriate investigation, present the
application to the Mayor and Council, which may grant or refuse the
application. If the application is approved, the Mayor and Council
will authorize and direct the Borough Clerk to issue the registration
provided that the applicant has paid the fee as hereinafter provided.
D.
All registrations expire on December 31 of each year.
The registration fee is $25 per calendar year. No part of this
fee will be prorated for any part of the year.
A.
No person may provide tree care services in the Borough before obtaining
a current registration.
B.
The person providing tree care services is responsible for the removal
of debris resulting from tree care services. This debris may not be
placed at the curbside for collection, swept, or deposited into any
public or private street, any residence, or left on a property such
that same may be caused to be blown into a public and/or private street
and/or residence.
C.
No tree care services may be performed in the Borough on Sundays.
D.
The permit issued pursuant to this chapter, or a photocopy of the
permit signed by the permit holder, must be in the actual possession
of the person performing tree care services.
Any person providing tree care services who violates this chapter
or any other Borough ordinances, including but not limited to those
relating to dumping, littering, causing excessive noise, or causing
damage to roadways or curbing, will, upon conviction for any of these
violations, be required to return the registration for that year to
the Borough Clerk and refrain from further work in the Borough unless
and until the Borough issues registration for a future year.
Any person convicted of violating the terms of this chapter will be subject to the penalties set forth in Chapter 174 of this Code.
