Village of Ridgewood, NJ Chapter 260 Trees and Shrubs

[HISTORY: Adopted by the Village Council of the Village of Ridgewood 4-13-2022 by Ord. No. 3900[1]. Amendments noted where applicable.]

[1] Editor's Note: This ordinance also repealed former Ch. 260, adopted 11-28-2018 by Ord. No. 3682, as amended.

§ 260-1 Purpose.

A. The Council of the Village of Ridgewood, is desirous of minimizing the indiscriminate removal and cutting of trees upon lots, parcels, and tracts of land within the Village, which can result in increased stormwater runoff, soil erosion, and decreased groundwater recharge to our groundwater aquifer-supplied potable water system. All of these can negatively impact the environmental and visual character of the Village and decrease property values. The Village desires to control the removal of qualified trees and require the replacement of trees that are removed with new trees.

B. When trees must be removed, the intent of this chapter is to provide for the planting of replacement trees in place of those lost trees, not necessarily in kind or even on the same site, but throughout the Village to maintain the Village's tree stock for future generations to enjoy.

§ 260-2 Definitions.

Below are defined key terms to be used with this chapter.

DBH (DIAMETER AT BREAST HEIGHT)

The diameter of a tree trunk, when measured at a height of 4.5 feet above the ground at the base of the tree, calculated as the circumference (or girth) of the tree divided by pi (3.1416). On sloping ground the "above ground" reference point is the average between the highest and lowest points of the ground at the base of the tree. If the DBH point falls on a swelling in the trunk, it is measured below the swelling point where the diameter is the smallest. In case of trees with multiple trunks, the DBH of the trunk with the greatest diameter shall be measured for permit purposes.

LICENSED TREE EXPERT

An individual who holds a New Jersey State Tree Expert license, or is a Board Certified Arborist or Master Arborist under the International Society of Arboriculture.

QUALIFIED TREE

Any tree with a diameter measured at breast height (DBH) of eight inches or greater, on any lands within the Village of Ridgewood.

REPLACEMENT TREE

Any tree proposed to be considered as replacement for a qualified tree removed under a permit.

§ 260-3 Responsibility of owner or tenant; notice.

A. Pursuant to the authority contained in N.J.S.A. 40:48-2.26 et seq., whenever it is determined to be necessary and expedient for the preservation of the Village's tree stock while addressing issues of public safety, the owner or tenant of any land or premises within the Village, shall within 10 calendar days after the receipt of written notice from the Village sent by certified mail, return receipt requested, to the last known post office address of such owner or tenant, shall keep all brush, hedges and other plant life which is growing within 10 feet of any roadway and/or 25 feet of the intersection of two roadways cut to a height of not more than 2.5 feet.

B. The aforesaid notice shall be sent by the Director of Department of Building and Inspections, or their authorized designee; as well as the Director of the Department Public Works or their authorized designee, and shall direct the cutting of all such brush, hedges or other plant life and shall set forth the reasons therefor. The notice shall provide an opportunity to such owner or tenant, within five days of the receipt of such notice, to show cause before the identified directors in the notice, by sending a written reply to such notice within five calendar days of the receipt of such notice why the demands therein cannot be met.

C. For locating trees that may be within the public right-of-way, all measurements for determining their location in relation to the limits of the public right-of-way shall be taken at DBH (diameter at breast height) of the tree by authorized representatives of the Engineering Division of the Department of Public Works.

§ 260-4 Cutting or removal of a tree.

A. No person, property owner, hired firm, or other entity shall cause to be cut or removed any existing qualified tree, with a diameter at breast height (DBH) eight inches or greater, upon any private lands within the Village of Ridgewood, without a permit issued by the Village of Ridgewood in accordance with § 260-7. Exemptions to this requirement are set forth in § 260-8.

B. No person, property owner, hired firm, or other entity, shall cause to be cut or removed any existing tree or trees or their root systems, upon any of the public lands of the Village of Ridgewood, unless authorized by subsequent sections of Chapter 260.

§ 260-5 Other restrictions.

A. It shall be unlawful for the owner or occupant of any lands within the limits of the Village to permit to exist or harbor tent caterpillars, gypsy moth, or any other insect detrimental to the health and wellbeing of a tree on such premise after being noticed of such by certified mail return receipt requested. Any firm retained to eradicate insects in or on trees shall be duly licensed for such tasks by the New Jersey Department of Environmental Protection.

B. It shall be expressly prohibited anywhere within the public rights-of-way and public properties of the Village of Ridgewood to affix a sign or any other device to a tree of any size by means of any type of fasteners, including but not limited to, nails, screws, or bolts.

C. It shall be expressly prohibited in the Village of Ridgewood to fasten any rope, wire, or cable to a tree within the public right-of-way for any reason other than for staking stabilization purposes of the tree in accordance with standard arboriculture practices.

D. No person shall hitch or fasten an animal to any tree or shrub within a public right-of-way or any guard or support provided for such tree or shrub or permit an animal to bite or otherwise injure any such tree or shrub.

E. No person shall permit or cause to be permitted the discharge or release of any liquid, gas or solid compound containing injurious chemicals to come in contact with the stalk, leaves, bark or roots of any tree or shrub within the public right-of-way.

F. During the execution of any work on trees on public lands in the Village of Ridgewood, other than for a tree's removal, no gaffs or spikes shall be permitted to be used to ascend a tree by a climber.

G. It shall be expressly prohibited in the Village of Ridgewood to alter or prune any tree within the public right-of-way, or the conditions surrounding a tree in the public right-of-way in such a manner which may reduce its viability and life span.

H. The planting in the Village of "running bamboo" known as "phyllostachys aureosulcata," or any bamboo of such genus shall be prohibited.

I. Decorative lights shall not be strung or affixed in or on any tree within the public right-of-way or on public property. No electric cords or wiring shall be permitted to encircle the trunk of a tree within the public right-of-way. Exceptions to this shall be Village of Ridgewood sponsored and/or authorized projects, as well as Village Manager authorized decorative lighting requests from Central Business District locations for the duration of November 15 through January 15.

§ 260-6 Sidewalk construction and driveway enlargement.

A. When a sidewalk is constructed or being reconstructed due to defects, within the public right-of-way, the party responsible for the work (i.e., the adjacent property owner), shall coordinate all work that may affect the root systems of trees within the public right-of-way with the Village's Arborist or their designee. Such responsible party shall be required to notify the Village Arborist prior to the commencement of any such work.

B. No tree, tree root or roots shall be cut or removed for sidewalk construction, reconstruction or driveway enlargement within the public right-of-way, without first obtaining written authorization from the Village Arborist. The Village Arborist shall provide any requested documentation regarding same to the Engineering Division for the curb and sidewalk permit. Said authorization shall be appended to either the zoning review of the proposed work or a curb and sidewalk work or driveway enlargement permit issued by the Engineering Division.

C. Any tree within the public right-of-way removed for a driveway enlargement or construction shall be considered a qualified tree, and replaced in accordance with the provisions of § 260-10.

D. The Village Arborist or their designee shall have authority to determine in such instances covered in this section whether root grinding, a tree's removal, a "round out" or "bump out" is warranted for trees within the public right-of-way, with the goal to preserve trees as best as possible. Defective sidewalk slabs within five feet of a tree shall be removed, and a new slab cast in accordance with the Village Arborist's directive.

E. Any tree roots cut, damaged, or removed in the public right-of-way without the Village Arborist's or their designee's authorization, shall be deemed a violation of this chapter.

§ 260-7 Permit requirements for qualified tree removal.

A. Any qualified tree desired to be removed, in the Village of Ridgewood, shall require a permit issued by the Division of Engineering of the Department of Public Works, unless said tree meets the exemption criteria in § 260-8.

B. All applications to the Village of Ridgewood Planning Board, Zoning Board of Adjustment, Building Department, or Engineering Division that propose removal of any qualified trees, shall require a permit, unless said trees meet the exemption criteria in § 260-8.

C. Any application for a qualified tree removal permit, whether in conjunction with a major or minor subdivision application, major or minor site plan application, or other private property improvement, shall be submitted to the Engineering Division of the Department of Public Works for review and subsequent action. The Engineering Division shall coordinate all applications with the appropriate land use board, if necessary. The Engineering Division will make a courtesy notification of any applications or permits issued to the Village's Shade Tree Commission, and the Village Arborist, as necessary.

§ 260-8 Exemptions from permit requirements.

The following tree conditions shall be exempt from the provisions of § 260-7. If a tree is deemed exempt, its removal shall not require a replacement tree or a permit. However, an application shall be made to determine if the tree is exempt prior to any action being taken unless an emergency situation exists.

A. Any and all trees directed to be removed by the Village of Ridgewood, the County of Bergen, and the State of New Jersey authorities pursuant to the law.

B. (Reserved)

C. The removal of any tree or trees growing on or over the public right-of-way or public land with the consent of the Village's Arborist.

D. Removal of any tree(s) that are dead, dying, or obviously diseased on private property, as determined by a licensed tree expert.

E. Trees that have suffered damage, trees whose growth has been significantly compromised, or are a danger or hazard to structures and human life on private property, as determined by a licensed tree expert.

F. Trees that have suffered damage, trees whose growth has been significantly compromised, or are a danger or hazard to structures and human life within the public right-of-way, as confirmed by the Village Arborist or their designee.

G. Pruning or the removal of trees within the right-of-way recognized and accepted by public utility companies for the conveyance of their services for the purpose of maintenance of said utility wires, cables, or pipelines with their attendant appurtenances. This shall also include the trimming or removal of trees that obstruct municipal signage, traffic control devices, and compromised sight angles at intersections and roadways for the safety of the public.

§ 260-9 Tree removal permit.

A. Tree removal permits for qualified trees shall contain the following:

An application for a tree removal permit shall be filed with the Village Engineering Division for the removal of any qualified trees and for the determination of any applicable exemptions. Trees determined to be exempt shall not require a permit fee as described in Chapter 145, Section 260, Fees.

A tree removal permit shall be valid only for the location (property) for which the application is made. The permit shall not authorize trespass on any adjoining property.

Applications shall provide the following information:

(1) If using a licensed tree expert, for any determinations regarding trees, provide their name, address, title and license number.

(2) Lot and block or lots and blocks of the proposed qualified tree removal work. Street address of proposed work. Identity of the owner(s) of the land where the work is proposed.

(3) Location of the qualified tree on the property (front yard, rear yard, side yard).

(4) The purpose or reason for the removal of the qualified trees.

(5) The number of qualified trees being removed. List by species and size (diameter at breast height).

(6) Proposed start date of the work. Proposed date of completion.

(7) A plan for either replacing or offsetting the trees proposed to be removed with the new tree's location on the property.

The Village' s Engineering Division shall, upon approval of an application for a tree removal permit, issue a permit and shall forward a duplicate of the permit to the Village Building Department and the Village Arborist. All permits shall be visibly displayed on the subject property until project completion.

§ 260-10 Replacement tree requirements.

A. When a tree removal permit is filed for removal of a qualified tree, the applicant shall provide for a replacement tree. Replacement trees shall be provided on a one for one replacement for qualified trees removed.

B. In the event the applicant does not or cannot provide suitable land for a replacement tree(s), the applicant shall be required to remit an amount for each qualified tree removed to the Village's Replacement Tree Escrow Fund. The value for a replacement tree is set forth in § 145-6, Fees, § 260-10B.

C. Any and all escrowed funds shall be used to purchase and plant replacement trees within the public rights-of-way throughout the Village, public parks, Green Acres listed open space areas, stream bank restoration/protection projects, all to help maintain the Village's tree stock.

D. Any replacement tree proposed shall have a DBH of a minimum 1.75 inches or greater.

E. There is no permit required to plant a tree should a property owner desire to do so. The Village would appreciate notification of any tree plantings to help track the health of the Village's tree canopy.

§ 260-11 Enforcement.

The Director of Public Works or their designee; the Director of Parks and Recreation or their designee, the designated Village Arborist; or any other Village employee who may be designated by the Village Manager, shall have the authority to enforce this chapter.

Enforcement shall mean the following:

A. Issuance of a municipal summons for the violation of any sections of this chapter.

B. In addition to any other applicable provision stated above, in the event a qualified tree is removed without a permit, the Village's Director of Public Works shall notify the registered property owner in writing that a replacement tree for each qualified tree removed must be planted in accordance with the provisions of this chapter. Upon failure to plant replacement trees within a period of six months, seasonally dependent on weather and proper planting seasons, an additional summons payable at the violations window for first and second offenses.

Upon conviction or other determination of guilt for a violation of this section, the fine for each offense shall not be less than the cost of each replacement tree installed, plus a penalty of $500, plus court costs.