[HISTORY: Adopted by the Mayor and Council of the Borough
of Chatham 5-29-2018 by Ord. No.
18-06. Amendments noted where applicable.]
GENERAL REFERENCES
Land development regulations — See Ch. 165
Shade Tree Commission legislation — See
Part IV
The Borough recognizes that the preservation and protection of trees within the Borough adds to the aesthetics and serves the health and general welfare of the citizens of the Borough of Chatham. The purpose of this chapter is to preserve trees within the Borough while recognizing the right of property owners to use their property and the need to respond to emergencies. The provisions of this chapter shall not apply to Borough trees, as that term is defined in and otherwise regulated by Chapter 314 of the Shade Tree Legislation.
As used in this chapter the following terms shall have the meanings
indicated:
The person appointed by the Mayor and Borough Council to
supervise and ensure the conservation, protection and care of trees,
shrubbery and soil within the Borough and having the duties and authority
provided for in this chapter.
A plan developed by an advisory committee to be established
by the Mayor and Borough Council, and approved by the Borough Shade
Tree Commission, for the planting and replanting of trees within the
Borough. The advisory committee shall consist of five members appointed
by the Mayor, with the advice and consent of the Borough Council,
and may consist of Borough employees as well as Borough residents,
property owners or business owners.
The measurement of the diameter of a tree at 4.5 feet from
the ground on the downhill side of such tree. If a tree splits into
multiple trunks below 4.5 feet from the ground on the downhill side
of such tree, then the trunk is measured at its most narrow point
below the split.
The circular area surrounding a tree, the radius of which
area shall be the distance from the trunk of the tree to the outermost
branch of the tree.
The Director of the Department of Public Works of the Borough
of Chatham or his/her duly authorized representative.
Any cutting, poisoning, adversely pruning, topping, or any
other action otherwise damaging or destroying a tree. Routine pruning
to maintain the health of a tree or pruning in response to damage
from adverse weather conditions shall not be considered removal of
a tree.
Any living woody perennial plant having a diameter at breast
height of six inches or greater.
A fund established by the Borough for the administration
and promotion of tree sustainability projects and practices on public
property within the Borough.
A permit issued by the Enforcement Officer pursuant to the
provisions of this chapter authorizing a person to remove a tree or
trees.
A specific plan for the replanting of trees removed in accordance
with the provisions of this chapter.
A.
No person may remove a tree without first having obtained a tree
removal permit as provided herein.
B.
The following shall be exempt from regulation under this chapter:
(1)
Trees removed that are less than six inches in diameter at breast
height.
(2)
Trees removed in accordance with a forestry management plan developed
by the New Jersey Department of Environmental Protection, Bureau of
Forestry and filed with the Enforcement Officer.
(3)
Trees that are removed as a result of an immediate safety risk to persons or property, provided that the property owner shall comply with the provisions of § 257-10 herein.
(4)
Borough trees removed or caused to be removed by the Borough.
(5)
Trees removed or caused to be removed by the state, county or a public
utility.
A person desiring to obtain a tree removal permit shall make
application with the Enforcement Officer on a form to be provided
for that purpose. The application submission shall include, at a minimum,
the following:
A.
The name and address of the applicant. If the applicant is different
than the property owner, the property owner must consent to the filing
of the application.
B.
The lot and block of the property from which the tree(s) are to be
removed.
C.
A survey or other drawing depicting the shape and dimensions of the
property, and including the location of all existing and proposed
structures and improvements as well as the location, diameter, type
and species of all trees to be removed on the property.
D.
A statement as to the reason for the requested tree removal.
E.
The name and address of the licensed tree contractor undertaking the removal and their qualifications or license to perform such work, if required, in accordance with § 257-8 herein.
F.
A proposed tree replanting plan, if applicable, showing the location,
diameter, type and species of all trees to be provided. The tree replanting
plan shall be subject to the approval of the Enforcement Officer.
G.
Any other information reasonably deemed necessary by the Enforcement
Officer.
H.
The application fee for a tree removal permit, as set by resolution
of the Borough Council.
A.
A Tree Escrow Fund is hereby established and shall be maintained
by the Borough Chief Financial Officer to receive and disburse contributions
in accordance with this chapter. Appropriations from the Tree Escrow
Fund shall be approved by the Borough Council in accordance with the
Borough Tree Plan with consideration of the Shade Tree Commission
recommendation.
B.
The primary purpose of the Tree Escrow Fund is to provide for the
planting, replanting, care and maintenance of trees and shrubs on
public property. The Tree Escrow Fund will also cover administrative
costs to implement the provisions of this chapter.
A.
The Enforcement Officer shall review the application, which shall
upon filing be deemed to constitute consent from the property owner
to the Enforcement Officer, and/or such person or persons as he/she
may in writing designate, to enter upon the subject property for the
purpose of inspection. In reviewing any such application the Enforcement
Officer may in his/her discretion consult the Borough Forester and
such other persons as he/she may deem necessary or advisable.
B.
The Enforcement Officer shall issue a permit or deny the application,
including the reasons for the decision, within 10 business days of
filing a complete application, unless such time period is extended
an additional 10 business days by the Enforcement Officer with the
consent of the applicant. The Enforcement Officer may impose reasonable
conditions on the issuance of any tree removal permit. If the Enforcement
Officer fails to act on any tree removal permit application, such
failure shall be deemed a denial of the tree removal permit application.
C.
If an application for a tree removal permit is being requested in conjunction with a development application under Chapter 165, the decision of the board having jurisdiction over the application shall be subject to the requirements of this chapter.
D.
A copy of the Enforcement Officer's decision shall be mailed
to the applicant.
E.
A tree removal permit shall be declared null and void if the tree
removal is not completed within six months after permit issuance;
however, the Enforcement Officer may, for good cause, extend such
time for a reasonable period of time not to exceed six months.
The following standards shall govern the grant, conditional
grant or denial of a tree removal permit:
A.
A tree removal permit shall be granted for cause and without any
compensatory replanting upon a finding by the Enforcement Officer
that one or more of the following conditions exist:
(1)
The tree is dead, dying, critically diseased or severely damaged
to such an extent that the continued survival of the tree is unlikely.
(2)
The tree, by virtue of its location or condition, is a hazard to
public safety.
(3)
The tree is causing substantial damage to public property.
(4)
The tree is deemed to be invasive in accordance with a list of species
to be published by the Borough Shade Tree Commission upon consultation
with the Borough Forester.
(5)
The tree disrupts utility service (above or below ground) to a structure
on the property or to a structure on an adjoining lot.
(6)
The tree creates stormwater drainage patterns which result in flooding
or excessive soil erosion on the property or an adjoining lot.
(7)
The tree interferes with the safe and convenient passage of vehicles
and pedestrians over driveways, walkways, and sidewalks on the property
or an adjoining lot.
No tree may be removed by any person other than a tree contractor
licensed in accordance with the New Jersey Tree Experts and Tree Care
Operators Licensing Act, N.J.S.A. 45:15C-11 et seq., except for tree
removal completed by the owner of an occupied single- or two-family
detached dwelling.
A.
The permit must be posted in a location clearly visible from the
street at all times during the tree removal activity and for a period
of 10 business days following the tree removal.
B.
Within 10 business days of notification of completion of tree removal
activities, the Enforcement Officer shall inspect the subject property
for compliance with all conditions of the permit.
C.
When the tree removal, as well as any required compensatory replanting
or payment into the Tree Escrow Fund, as applicable, are deemed complete,
the Enforcement Officer shall issue a tree removal certificate of
completion.
D.
If the tree removal, or tree replanting or payment into the Tree
Escrow Fund, as applicable, is deemed unacceptable, the Enforcement
Officer shall so notify the applicant. The notification shall include
a list of all conditions in violation of the terms of the permit and
shall specify a time for the correction of all items so listed.
E.
The Borough shall not issue a building permit, certificate of occupancy,
or continuing certificate of occupancy for any property for which
a violation of this chapter has been served until said violation is
resolved to the reasonable satisfaction of the Enforcement Officer.
Within three business days following the removal of a tree that
presents an immediate risk to persons or property, the property owner
shall provide written notice of said removal to the Enforcement Officer,
supported by sufficient evidence demonstrating in form and content,
satisfactory to the Enforcement Officer, that the tree posed an immediate
risk to persons or property. The property owner shall apply for a
tree removal permit and pay the fees required under this chapter and
may not proceed with nonemergency work without a tree removal permit.
A.
Any tree removed under a tree removal permit issued pursuant to § 257-7B shall be replaced at a one-to-one ratio, wherever practicable, as determined by the Enforcement Officer. The number, size, species and location of the compensatory trees shall be determined by the Enforcement Officer by calculating the size, condition and species of the tree proposed for removal in accordance with the Borough Tree Plan.
B.
Compensatory trees shall be guaranteed by the applicant for two years
after the date of planting and shall be verified by the applicant
upon request of the Enforcement Officer. If any compensatory trees
die or become diseased or damaged within the first two years of their
planting, the compensatory trees may be replanted off-site on Borough-owned
property or the applicant may make payment to the Tree Escrow Fund
in lieu of replanting in accordance with the Borough Tree Plan.
C.
Compensatory trees shall be planted on the subject property; however,
if the subject property cannot accommodate the number of trees because
of unique conditions applicable to the property, including size, shape,
topography, soil conditions or the location of existing or proposed
buildings or structures, some or all of the compensatory trees may
be planted off-site on Borough-owned property or the applicant may
make payment to the Tree Escrow Fund in lieu of compensatory replanting
on the subject property in accordance with the Borough Tree Plan.
A.
Any person aggrieved by the decision of the Enforcement Officer shall
have the right to appeal such decision to the Borough Administrator,
or his/her designee. Such appeal shall be by written notice stating
the reason(s) upon which the appeal is based, filed with the Borough
Clerk within 10 days of the decision of the Enforcement Officer.
B.
The Borough Administrator, or his/her designee, shall decide the
matter based on the written submission within 15 business days after
the filing of the notice of appeal. The Borough Administrator, or
his/her designee, may reverse, modify or affirm the decision of the
Enforcement Officer. If the Borough Administrator or his/her designee
does not act within 15 days after the filing of the notice of appeal,
the decision being appealed shall be deemed to have been affirmed.
The decision of the Borough Administrator, or his/her designee, shall
be final.
A.
No person shall: (1) operate, place or maintain within the dripline
of any tree any machinery, equipment, heavy object, stone, rocks,
cement, earth, soil, or other substance which may harm the tree by
unduly compressing the earth or otherwise impeding or preventing access
of water or air to the roots of such tree; or (2) excavate around
or remove earth or soil from, or cause any water to flow upon, the
roots of any tree.
B.
Site protection during construction. During construction work authorized
by any Borough-issued permit or approval, the following tree protection
measures shall be implemented: (1) snow fencing or other durable material
shall be installed around the trees to be protected, and the proper
installation of said protection measures shall be verified by the
Zoning Officer or designee prior to soil disturbance; (2) protective
barriers shall not be supported by the plants or trees they are protecting,
but shall be self-supporting. Barriers shall be a minimum of four
feet high and shall not be removed until construction is complete;
(3) snow fencing used for tree protection shall be firmly secured
along the dripline area, but not less than six feet from the trunk
when the dripline is less than six feet; (4) the grade of the land
located within the dripline area shall not be raised, or lowered,
more than six inches, unless compensated by welling or retaining wall
methods; and in no event shall welling or retaining wall methods be
located less than six feet from the trunk of any tree; (5) no soil
stockpiling, storage of building materials, parking or driving of
construction equipment or vehicles shall be permitted within the dripline
area or within six feet of any remaining trees, whichever is greater;
(6) any clearing within the dripline area, or within six feet of the
trunk of a remaining tree, whichever distance is greater, shall be
done by hand or nonmechanical equipment; and (7) where a tree that
has been designated for preservation is severely damaged and unable
to survive, replacement trees shall be replanted as provided in this
chapter. If provisions of this subchapter create any undue hardship
in the appropriate use and enjoyment of property, the Enforcement
Officer may waive such provisions in whole or in part, but only to
the extent absolutely necessary to alleviate such undue hardship.
Both the request for a waiver of the provisions of this section, and
the findings and determination of the Enforcement Officer which either
denies or grants the waiver, must be set forth in writing.
The provisions of this chapter shall apply to any person removing
trees on behalf of any other person, including the property owner
and all licensed tree experts, licensed tree care operators, tree
contractors, tree removal companies, landscaping companies, or persons
otherwise engaged in the business of removing trees or construction.
The Borough Administrator shall have the authority to promulgate
rules and regulations to administer and enforce this chapter.
A.
The requirements of this chapter shall be enforced by the Enforcement
Officer, who shall seek such penalties as are provided in this chapter.
The Enforcement Officer may, in his/her discretion, consult with the
Borough Forester, Borough Engineer, Construction Official, Shade Tree
Commission, or other Borough official or entity, as he/she may deem
necessary or advisable.
B.
The Enforcement Officer may issue a stop-work order for any tree
work or other activity which he/she believes to be in violation of
this chapter. The order shall be issued in writing and a copy served
upon the property owner and any person engaged in such tree work or
other activity. Thereafter, any further activity shall comply with
the terms and conditions of any tree removal permit issued by the
Enforcement Officer and the provisions of this chapter.
C.
Any person who commits a violation of this chapter shall, upon conviction thereof, be required to retroactively obtain a tree removal permit in accordance with this chapter and to pay any fees or compensatory replanting costs as required by § 257-11 herein and shall be subject to the penalties set forth in Chapter 1, § 1-14. A violation as to each tree located within the Borough shall constitute a separate offense.
D.
In addition to other remedies provided herein, the Enforcement Officer
may institute appropriate legal proceedings in Superior Court to prevent
a continuing violation of the provisions of this Chapter.
