Editor's Note: Chapter 21 was amended in entirety 11-24-2020 by Ord. No.
24-2020. Prior history includes the 1973 Code § 13-12;
Ord. No. 2-2006 and Ord. No. 24-2006.
[Amended 11-24-2020 by Ord. No. 24-2020]
Shade trees of a kind and size approved by the Borough Engineer
shall be planted at intervals of 50 feet on both sides of the street
where necessary, which planting shall be in accordance with standard
requirements on file in the Engineer's office.
[Amended 11-24-2020 by Ord. No. 24-2020]
The purpose of this Article II, Tree Protection and Removal, is to regulate the removal of trees within the Borough; to protect trees and plants within the Borough; and to provide penalties for violations.
[Amended 11-24-2020 by Ord. No. 24-2020]
a.
Trees and wooded areas constitute a natural resource, contributing
to the value of property throughout the Borough and promoting the
general welfare of the community.
b.
Mature trees require many years of growth and are not readily replaceable.
c.
In connection with the development of land within the Borough, there
has occurred excessive and needless destruction and removal of trees
causing loss of natural beauty, decrease in property values and the
associated impacts of increased surface water drainage problems, soil
erosion, decreased fertility of the soil and damage to the ecology
of the area.
d.
Although many owners recognize the value of mature trees, trees on
developed, undeveloped, and subdividable lands within the Borough
should be protected against indiscriminate removal, damage, injury,
or disease.
e.
The preservation of, and planting of trees and wooded areas, will
be advanced by the establishment of rules and regulations regarding
the removal and/or planting of trees on developed, undeveloped and
subdividable lots within the Borough.
f.
By reason of the conditions and circumstances recited above, it is
determined that it is necessary and proper for the protection of persons
and property and for the promotion of the welfare of the Borough and
its inhabitants that the Borough adopt reasonable rules and regulations
to protect trees within the borough against unnecessary destruction,
removal, injury and disease, and for the planting of trees.
[Amended 11-24-2020 by Ord. No. 24-2020]
As used in this article:
The Borough of Roseland in the County of Essex.
The removal of any brush, woody plants or other vegetation
from an undeveloped lot or subdividable lot in preparation for the
construction of any improvement thereon, provided that this term shall
not include removal of any trees. Brush out is limited to:
A legally established and existing parcel of land, with boundaries
determinable from official records, having a building, which is occupied
or capable of being occupied, located thereon.
The area under a foliated tree represented by the shadow
formed if the sun were directly over the tree. The drip line is the
circumference of such a shadow.
The sum of the cost or value of the tree/trees and the reasonable
amount for disposal and replanting. The current International Shade
Tree evaluation chart may be used as a guide.
Any property owned by the Borough, including any lot or easement
or right-of-way for streets, sidewalks, walkways or municipal utilities
except for sanitary sewers and storm sewers on developed lots. For
the purposes of this article, an easement or right-of-way for a street,
sidewalk, walkway or municipal utility which is dedicated for public
use on a subdivision plot approved by the Borough shall be deemed
to be property owned by the Borough only upon and after the formal
acceptance of such easement or right-of-way by the Borough.
Any individual, firm, partnership, corporation, company,
association or other legal entity, including any trustee, receiver,
assignee or other similar representative.
Any woody perennial plant with a trunk exceeding eight inches
in diameter (over twenty-five-inch circumference) measured at a point
4.5 feet above the ground level on the downhill side of such tree.
A nursery grown, balled and burlapped, twelve-foot-tall deciduous shade tree or conifer as measured from the base of the trunk, which species is native and long lasting. The tree shall be marked with a durable label indicating the genus, species and variety. Such trees offered are subject to approval of the Superintendent of Public Works or the Borough Arborist. A list of replacement trees is Public Works. Sizes of replacement trees shall be determined in subsection 21-8.4.
An undeveloped portion of a legally established and existing
parcel of land, which portion meets the minimum zoning requirements
in the one in which it is located (or if same does not meet such minimum
zoning requirements but for which a variance has been obtained). Subdividable
lot shall not include that portion of the parcel of land, which meets
the minimum zoning requirements and upon which is located a building,
which is occupied or is capable of being occupied.
Any woody perennial plant with a main stem or trunk exceeding
five inches in diameter (16 inches in circumference) measured at a
point 4.5 feet above the ground level on the downhill side of such
tree.
All trees permitted to be cut down. If stumps are removed,
they shall be disposed of properly and not buried.
A permit issued pursuant to the provisions of this article
authorizing the removal of a tree or trees located upon a developed,
undeveloped lot or dividable lot within the Borough.
A legally established and existing parcel of land, with boundaries
determinable from official records, which does not have a building
capable of being occupied, located thereon. Whenever approval is granted
by the Planning Board or Zoning Board of Adjustment to an application
for preliminary major subdivision, each lot shown upon the subdivision
plot, which does not have a building located thereon shall be deemed
a separate undeveloped lot for the purposes of this article. None
of the following shall be considered an undeveloped lot for the purposes
of this article:
Municipal land as defined herein;
Any parcel of land owned by the United States of America, the
State of New Jersey, the County of Essex, or a public utility company
regulated by the New Jersey Public Utilities Commission; or
Any lot upon which there is conducted an income-producing business
involving the removal of trees, provided that the conduct of such
business is a permitted use under applicable zoning regulations or
a legally recognized nonconforming use.
A tree, which shows significant signs of life, such as new
leaf growth and branch growth from the end of one growing season to
the next. In cases where damage has occurred to the root structure,
significant signs of life should appear in the tree above the damaged
roots at the end of the next growing season. In cases of scarring
or heavy pruning, significant signs of life should be evident near
the scar or pruned area at the end of the next growing season.
[Amended 11-24-2020 by Ord. No. 24-2020]
A tree shall be considered to be located upon a lot if: (a)
any part of the trunk or main stem of the tree is located upon such
lot; or (b) 60% of the drip line area is on one lot. If the trunk
is on one lot and more than 40% of the drip line area is on the other,
the tree shall be ruled to be on both lots. A tree may be considered
as located upon two or more lots for the purposes of this article.
[Amended 11-24-2020 by Ord. No. 24-2020]
Any person who proposes to remove any tree (as defined herein)
on an undeveloped lot or a subdividable lot, and any person who proposes
to remove any protected tree on a developed lot, must apply for a
tree removal permit.
[Amended 11-24-2020 by Ord. No. 24-2020]
In addition to the duties and authority given to the Borough
of this article, the Committee shall have the power and authority
to:
a.
Require the applicant to plant replacement trees according to subsection 21-8.4. Require the applicant to deposit an escrow amount with the Borough Clerk to be retained in an interest-bearing account to assure that the conditions of the tree permit are met. The escrow will be retained by the Borough if replacement trees are not viable the year following the date of planting. Failure of the applicant to replace a failed tree replacement will result in the forfeiture of the escrow amount to the Borough for the purpose of replacing the tree.
b.
Require the applicant to plant replacement trees no greater than
a twenty-four-tree-per-acre ratio in cases where trees are sparse.
The same assurance escrow requirement applies as in paragraph a. above
for each tree planted.
[Amended 11-24-2020 by Ord. No. 24-2020]
No person shall do or cause to be done any of the following
acts upon a tree or shrub located on a Borough property or a Borough
easement:
a.
Cut, trim, break, climb with spikes, disturb the roots of, or otherwise
injure, or spray with any chemical, except fertilizer, or remove any
living tree or shrub; or injure, misuse or remove any device placed
to support or protect a tree or shrub.
b.
Plant any tree or shrub.
c.
Fasten any rope, wire, electric attachment, sign or other device
to a tree or shrub, or to place any guard about such tree or shrub.
d.
Close or obstruct any open space provided about the base of a tree
or shrub to permit the access of air, water and fertilizer to the
roots of such tree or shrub.
e.
Pile any building material or make mortar or cement within the drip
line or six feet of a tree or shrub, whichever is greater.
f.
Place or distribute chemicals, including but not limited to salt,
deleterious to tree health.
g.
Emit excessive levels of noxious fumes deleterious to tree health.
h.
Construct new sidewalks and/or driveways with any material within
five feet of a tree.
[Amended 11-24-2020 by Ord. No. 24-2020]
a.
Operate, place or maintain within the drip line of any protected
tree or within six feet of the trunk of any protected tree, whichever
is greater, any machinery, equipment, heavy object, stone, rocks,
cement, earth, soil or other substance which may harmfully affect
a protected tree by unduly compressing the earth or otherwise impeding
or preventing the access of water or air to the roots of such tree;
or
b.
Excavate around or remove earth or soil from or cause any water to
flow upon the roots of any protected tree in any manner that may harmfully
affect such tree.
c.
Remove any protected tree without a Tree Removal Permit.
[Amended 11-24-2020 by Ord. No. 24-2020]
Where clearing and/or construction on a developed lot takes
place, no material or temporary soil deposit shall be placed within
the drip line or within six feet, whichever is greater, of any trees
or shrubs determined or required to be left standing. Where grading
fill may be required within the drip line area of a tree required
to be left standing, such trees shall be welled and extension tiled
to the drip line of the tree when such grading comes to the six-foot
limit. Where grading cuts may be required within the drip line area
of a tree, such tree shall be protected with a retaining wall at the
boundary of such surface disturbance.
[Amended 11-24-2020 by Ord. No. 24-2020]
An owner or contract-purchaser of a developed lot who employs
any person to perform any work upon such lot shall not permit such
person to violate any provision of this article.
[Amended 11-24-2020 by Ord. No. 24-2020]
Where clearing and/or construction on a developed lot will result
in removal of, or severe damage which will result in the death of
any tree other than those permitted to be removed, or exempted from
regulation by this article, the developer shall replace the tree or
trees in accordance with the following table:
|
Number of Replacement Trees
| |
|---|---|
|
(at 2.5" to 3" caliper-diameter)
| |
|
Caliper of Existing Tree Removal
| |
|
Less than 6 inches
|
1
|
|
Between 6 and 12 inches
|
3
|
|
Between 12 and 18 inches
|
4
|
|
Between 18 and 24 inches
|
5
|
|
Between 24 and 30 inches
|
7
|
|
Between 30 and 36 inches
|
10
|
|
36 inches or greater
|
The equivalent of 2.5" caliper trees or greater needed to equal
the caliper of the removed trees
|
[Amended 11-24-2020 by Ord. No. 24-2020]
a.
Injure, deface, poison or damage any tree located on any undeveloped
or subdividable lot within the Borough;
b.
Nail or otherwise attach anything to any tree upon any undeveloped
or subdividable lot within the Borough;
c.
Operate, place or maintain within the drip line of any tree or within
six feet of the trunk of any tree, whichever is greater, located upon
any undeveloped or subdividable lot within the Borough any machinery,
equipment, heavy object, stone, rocks, cement, earth, soil or other
substance which may harmfully affect such tree by unduly compressing
the earth or otherwise impeding or preventing the access of water
or air to the roots of such tree; or
d.
Excavate around or remove earth or soil from or cause any water to
flow upon the roots of any tree on any undeveloped or subdividable
lot within the Borough in any manner that may harmfully affect such
tree.
[Amended 11-24-2020 by Ord. No. 24-2020]
No person shall remove any tree from or brush out an undeveloped
or subdividable lot until either:
a.
A tree removal permit has been approved in accordance with the provisions of Section 21-10 of this article with respect to such lot; or
b.
If the improvement of the undeveloped lot or subdividable lot will
not require the removal of any tree, a statement to that effect has
been filed with the Borough Construction Official so that tree density
requirements may be addressed.
[Amended 11-24-2020 by Ord. No. 24-2020]
No material or temporary soil deposit shall be placed within
the drip line or within six feet, whichever is greater, of any trees
or shrubs determined or required to be left standing. Where grading
fill may be required within the drip line area of a tree required
to be left standing, such trees shall be welled and extension tiled
to the drip line of the tree when such grading comes to the six-foot
limit. Where grading cuts may be required within the drip line area
of a tree, such tree shall be protected with a retaining wall at the
boundary of such surface disturbance.
[Amended 11-24-2020 by Ord. No. 24-2020]
An owner or contract-purchaser of an undeveloped or subdividable
lot who employs any person to perform any work upon such lot shall
not permit such person to violate any provision of this article.
[Amended 11-24-2020 by Ord. No. 24-2020]
Where clearing and/or construction on an undeveloped or subdividable lot will result in removal of, or severe damage which will result in the death of any tree other than those permitted to be removed, or exempted from regulation by this article, the developer shall replace the tree(s) in accordance with the table in Subsection 21-8.4.
[Amended 11-24-2020 by Ord. No. 24-2020]
Every application for a tree removal permit shall be filled
out in full on forms obtained in the office of the Borough Clerk.
Each application shall include a brief statement of the particular
circumstances, conditions or reasons necessitating the removal of
the tree or trees. Each application constitutes permission to inspect
the subject site.
An application shall be considered as filed when it has been properly completed and delivered to the office of the Borough Clerk with the fee required by Subsection 21-10.1A of this article. The trees must also be identified per Subsection 21-10.2 of this article for the application to be considered complete.
[Amended 11-24-2020 by Ord. No. 24-2020]
There is no fee for a Tree Removal Permit.
[Amended 11-24-2020 by Ord. No. 24-2020]
The application shall be accompanied by five copies of a dimensional
lot diagram (survey) or other type of property location document.
The location, diameter and species of tree or trees involved with
the permit application shall be identified on the document. The tree
or trees to be removed must be clearly marked by orange or red plastic
ribbon tied around the trunk.
[Amended 11-24-2020 by Ord. No. 24-2020]
A separate application form and a separate description, drawing or survey shall be submitted for each undeveloped lot or subdividable lot. An application shall be considered as filed when it has been properly completed and delivered to the office of the Borough Clerk with the fee required by Section 21-11 of this article.
[Amended 11-24-2020 by Ord. No. 24-2020]
The Borough Clerk shall not act upon a tree removal permit application
unless evidence of ownership of the property and proof of payment
of real estate taxes is submitted.
[Amended 11-24-2020 by Ord. No. 24-2020]
A tree permit cannot be issued by the Borough Clerk for any
part of a subdivision or site plan until the appropriate board has
given approval (preliminary or final) for such site plan or subdivision.
Applications shall be made for a tree removal permit at the time of
subdivision or site plan application. The survey included with this
first application must include preliminary foundation location and
setbacks for each lot with present and proposed final grading. The
boundaries for all the lots must be staked as well as the outline
of the infrastructure. Trees to be removed must be clearly marked
by orange or red plastic ribbon tied around the trunk.
[Amended 11-24-2020 by Ord. No. 24-2020]
To ensure that tree removal and brush out of undeveloped or
subdividable lots are accomplished in accordance with the requirements
of the tree removal permit, any person proposing such activity shall
deposit with the Borough Clerk, to be retained in an escrow account,
an appropriate amount to be determined by the Borough Arborist, but
in no event to exceed $50 per tree, except for protected trees which
shall be $250 per protected tree. Such deposit may be applied by the
Borough to complete the work or to correct conditions created by such
work which is not completed or corrected by the permittee. Upon satisfactory
completion or correction of the conditions created by the work, the
deposit shall be refunded to the permittee, upon request.
[Amended 11-24-2020 by Ord. No. 24-2020]
Upon filing of an application for a tree removal permit in the
office of the Borough Clerk, office staff shall forward the application
to the Borough Arborist, and in the case of subdivision or site plan,
to the Planning Board or Board of Adjustment, as appropriate.
[Amended 11-24-2020 by Ord. No. 24-2020]
The Superintendent of Public Works or The Borough Arborist shall
consider the following objectives in reviewing applications for tree
removal permits:
a.
The removal of mature, healthy trees with desirable characteristics
shall be avoided, if at all possible.
b.
Natural screening between buildings on contiguous lots shall be maintained
to as great an extent as possible.
c.
Trees, which will be adversely affected by necessary changes in grade,
may be removed.
d.
Trees infected with contagious diseases may be removed.
e.
Dead trees within 50 feet of a proposed building foundation or between
a proposed building foundation and a street shall be removed.
f.
Trees, which are likely to adversely affect other more desirable
trees, may be removed.
g.
If warranted, a member of the Department of Public Works can make
a pre-inspection of the tree or trees involved in the tree removal
application. The objective of the pre-inspection is to determine if
the Borough Arborist needs to review the application. Reasons for
having no further review by the Borough Arborist would include but
not be limited to:
h.
If the Superintendent of Public Works or the Borough Arborist determines
that no further review was needed, the Borough Clerk is authorized
to approve the application.
[Amended 11-24-2020 by Ord. No. 24-2020]
The Borough shall act upon every completed application within
30 days of its being filed. Notwithstanding the foregoing, in the
event that the application is made in connection with (i) an application
for a construction permit, the Borough shall render a decision within
20 days of the date of the application, or such other time period
as may be prescribed by applicable law; or (ii) a zoning application,
the Borough shall render a decision within 10 days of the date of
the application, or such other time period as may be prescribed by
applicable law. Upon failure of the Committee to act upon an application
relating to a developed lot within such applicable period of time,
as set forth above, the application shall be deemed to have been approved
as submitted for all purposes of this article.
[Amended 11-24-2020 by Ord. No. 24-2020]
In the event that the Borough shall deny any application in
whole or in part, the reasons for such disapproval shall be set forth
upon the application.
[Amended 11-24-2020 by Ord. No. 24-2020]
The Superintendent of Public Works or the Borough Arborist may
approve an application in whole or in part upon terms and conditions
that shall be set forth on the application. Such terms and conditions
may include requirements for the installation of a well or wells or
retaining wall of specified dimensions for a particular tree or trees
not to be removed. The Superintendent of Public Works or the Borough
Arborist may require that a specific retained tree or trees be protected
from damage during building or other construction work carried on
in close proximity thereto by requiring the erection and maintenance
of suitable guards or barriers. The removal of diseased trees and
the pruning or trimming of trees which are not to be removed may be
required.
[Amended 11-24-2020 by Ord. No. 24-2020]
Whenever the Superintendent of Public Works or the Borough Arborist
shall approve an application for a tree removal permit in whole or
in part, the Borough Clerk shall issue the tree removal permit in
accordance with the terms of the approval. In the event that the application
is denied in its entirety, the Borough Clerk shall issue to the applicant
a copy of the application indicating the reasons for the disapproval.
[Amended 11-24-2020 by Ord. No. 24-2020]
The tree removal permit is effective for six months from the
date of issue.
[Amended 11-24-2020 by Ord. No. 24-2020]
Any member of the Roseland Police Department or Code Enforcement
Officer may issue a stop work order for any tree work or other activity,
which is carried on in violation of any Tree Removal Permit or any
provision of this article. The order shall be issued in writing and
a copy served on any person engaged in tree work upon the subject
lot. If no such person is present upon the lot then the order shall
be served upon the applicant. If no permit has been issued for the
tree work, then the order shall be served upon the owner of the lot.
Thereafter, except for such work as is necessary to remedy the violation,
any further work shall comply with the terms and conditions of any
permit and the provisions of this article, except for that specifically
authorized by the Borough.
[Amended 11-24-2020 by Ord. No. 24-2020]
In the event that any tree which is not permitted to be removed
pursuant to a Tree Removal Permit is injured during work under such
a permit or during building or other construction work on any undeveloped
or subdividable lot within the Borough, such tree shall be promptly
treated in a manner approved by the Borough Arborist in accordance
with acceptable tree care practices. The Borough shall require the
applicant to pay a fee to be placed in an interest-bearing escrow
account the Borough will use to defray the cost to replace the tree
if the tree fails to survive.
[Amended 11-24-2020 by Ord. No. 24-2020]
Nothing contained in this article shall be deemed to impose
any liability upon the Borough, its officers or employees nor to relieve
the owner of any private property from the duty to keep any tree,
shrub or plant upon any area on his property or under his control
in such condition as to prevent it from constituting a hazard or an
impediment to travel or vision upon any street, park, alley or other
public place within the Borough. Further, nothing in this article
shall be deemed to impose any liability for damages or a duty of care
and maintenance upon the Borough or any of its officers or employees.
[Amended 11-24-2020 by Ord. No. 24-2020]
A person in possession of public property or the owner of any
private property shall have a duty to keep trees upon the property
and under their control in a safe, healthy condition. Any person who
feels a tree located on property possessed, owned or controlled by
them is a danger to the safety of themselves, others or the structural
improvements on-site or off-site shall have an obligation to secure
the area around the tree or support the tree as appropriate to safeguard
both persons and improvements from harm. It shall also be the duty
of any person within the Borough owning or occupying any real property
to keep all trees on that property trimmed in such a manner that they
do not obstruct the view of any traffic sign or device for the control
of vehicle traffic.
[Amended 11-24-2020 by Ord. No. 24-2020]
The Borough reserves the right, in its sole discretion, to control
planting in the public right-of-way.
[Amended 11-24-2020 by Ord. No. 24-2020]
Any person aggrieved by any action of the Superintendent of Public Works or the Borough Arborist pursuant to any of the provision of Sections 21-11, 21-12 and 21-13, shall have the right to appeal to the Roseland Borough Council within 15 working days after the action complained of. The appeal shall be made by filing a written statement setting forth the action complained of and the grounds for the appeal with the Borough Clerk. The Borough Council shall set a time and a place for the hearing of the appeal, which hearing shall be held within 60 working days after the filing of the appeal, and notice of the hearing shall be given to the appellant by the Borough Clerk. At the hearing, the appellant and his attorney may present evidence, including the testimony of witnesses. The Borough Clerk shall keep minutes of the hearing and copies of the documents or exhibits referred to, if any.
[Amended 11-24-2020 by Ord. No. 24-2020]
Within 15 working days after the completion of the hearing,
the action taken by the Borough shall be affirmed, modified, or reversed
by the Borough Council by a recorded vote of the majority of the total
members thereof. The findings and reasons for the disposition of the
appeal shall be stated on the records of the Borough Council and a
copy shall be given to the appellant by the Borough Clerk.
[Amended 11-24-2020 by Ord. No. 24-2020]
Whenever, under the provisions of this article, any notice or
order is required to be given to or served upon any person, such notice
or order may be given or served in person or by certified mail addressed
to the person to be notified at the address set forth in the application
filed by such person. Any notice to the Borough shall be served by
personal service to the Borough Clerk or by certified mail addressed
to the Borough Clerk at Borough Hall.
[Amended 11-24-2020 by Ord. No. 24-2020]
In addition to the enforcement authority granted to the agencies
and officers described in this article, the Roseland Police Department
shall also have the power to enforce this article.
[Amended 11-24-2020 by Ord. No. 24-2020]
Any person who violates any provision of this article and any
person who fails to comply with an order issued pursuant to this article
or the terms and condition of any tree removal permit issued pursuant
of this article shall, upon conviction in the Municipal Court, be
subject to a fine of up to $1,000 and not less than $100 to be deposited
in the Borough General Funds. Each tree cut, damaged or otherwise
destroyed in violation of this article shall be deemed to be a separate
and distinct violation. At the discretion of the Municipal Court Judge,
the person may be subject to imprisonment for not more than 90 days
or community service for not more than 30 days, in addition to any
fine.
[Amended 11-24-2020 by Ord. No. 24-2020]
The Borough may institute an action in the Superior Court for
injunctive relief restraining the continuation of any unlawful tree
removal and/or requiring any person engaged in or responsible for
such removal to replace all trees removed with replacement trees in
a manner which meets the requirements of this article.
[Amended 11-24-2020 by Ord. No. 24-2020]
The Borough Clerk may suspend any tree removal permit when there
has been a false or misleading application or when it appears that
the terms of the permit or the plans are not being complied with.
The following shall be exempt from the requirements of this
article:
a.
Any tract of land contained within a minor or major subdivision or
site plan that has received final approval from the Planning Board
or Zoning Board of Adjustment prior to the passage of this article
is exempt from the requirements of this article.[1]
[1]
Editor's Note: Ordinance No. 2-2006 was adopted on February
28, 2006.
b.
Trees that must be removed due to a construction project ("project") for which a building permit is required and has been issued by the Borough of Roseland, such as in connection with the building of a patio, deck, shed, garage, pool, addition, etc., and the area 15 feet in all directions around the project area, and the driveway providing access to the project area will require the submittal of an application ("tree application") for tree removal permit (Section 27A-10) but will be exempt from Section 27A-12, Review of Application for Permit. The tree application will be deemed automatically approved provided a building permit has been issued for the work which includes the removal of the trees detailed in the tree application. The tree removal permit shall be issued when the building permit is issued. However, if trees must be removed as part of the project, the Superintendent of Public Works or the Borough Arborist may require, reasonable replacement plantings based on subsection 21-8.4, Tree Replacement and Reforestation.
c.
The area five feet on either side of an existing driveway is exempt from the requirements of this article except trees located on Municipal Land (refer to Section 21-15 of this article).
d.
The area five feet on either side of a proposed driveway will be exempt from the requirements of this article upon issuance of a Building Permit from the Borough of Roseland for a driveway project except trees located on Municipal Land (refer to Section 21-15 of this article).
e.
Pruning or removal of trees on the public right-of-way by public
utility companies regulated by the New Jersey Public Utilities Commission,
their agents or their contractors is exempt from the requirements
of this article.
f.
Pruning or removal of trees on properties owned by the United States
of America, the State of New Jersey, the County of Essex, and the
Borough are exempt from the requirements of this article.
[Amended 11-24-2020 by Ord. No. 24-2020]
This article shall be known and may be cited as the Tree Protection
Ordinance of the Borough of Roseland.
