[Ord. No. 2011-10 § 1]
The purpose of this chapter is to regulate the cutting of trees
in order to:
a.
Help preserve the wooded character of the Borough of Island Heights
and protect the community forest;
b.
Lessen the impact of tree removal by requiring that trees are replaced
at an appropriate and sustainable level for the Island Heights environment;
c.
Ensure that newly planted trees are an appropriate species for the
given environment;
d.
Aid in the reduction of soil erosion as trees stabilize the soil
with their roots;
e.
Reduce stormwater runoff and ensure replenishment of ground water
supplies;
f.
Aid in the removal of pollutants, carbon dioxide and generation of
oxygen in the atmosphere;
g.
Provide a visual buffer and screen against traffic and noise pollution;
h.
Enhance energy savings in homes where feasible;
i.
Conserve and protect the Borough's physical and aesthetic environment;
and
j.
Generally protect and enhance the quality of life and contribute
to a positive image of Island Heights and protect the unique identity
of our Borough.
[Ord. No. 2011-10 § 2]
For the purpose of this chapter certain rules of word usage
apply to the text as follows:
a.
Words used in the present tense include the future tense, and the
singular includes the plural, unless the context clearly indicates
the contrary.
b.
The term "shall" is always mandatory and not discretionary, and the
word "may" is permissive.
c.
The word or term not interpreted or defined shall be used with a
meaning of common or standard utilization.
[Ord. No. 2011-10 § 2]
The following definitions shall apply in the interpretation
and enforcement of this chapter, unless otherwise specifically stated:
shall mean any person, corporation, or other public or private
entity that has applied for a tree removal permit, as regulated by
this chapter.
shall mean a tree professional certified as an arborist by
the International Society of Arboriculture or as a New Jersey Licensed
Tree Expert.
shall mean Island Heights.
shall mean the population of trees within the Borough.
shall mean the diameter of a tree measured at a point four
and one-half (4.5') feet from uphill ground level.
shall mean any tree with a structural defect and/or health
condition, which makes it an unacceptable risk.
shall mean a tree prized for its age, size, beauty, species,
or value as to its location, shade, erosion control, or aesthetic
features, or value as an historic resource. A stated goal of tree
replacement in the Borough shall be to ensure that the community forest
is composed of trees of various ages so that future generations may
also enjoy heritage and significant trees (see below).
shall mean any ground, soil or earth, including marshes,
swamps, drainage ways, and areas not permanently covered by water,
within the Borough.
shall mean the removal of all standing trees four (4") inches
DBH or greater on a lot.
shall mean any activity involving the clearing, grading,
transporting, trenching, excavating, filling and any other activity
which causes land to be exposed to the danger of erosion.
shall mean the application of plant residue or other suitable
materials to the land surface to conserve moisture, hold soil in place
and aid in establishing plant cover, and offer protection from machinery
and soil compaction.
shall mean all trees that have not been classified as a heritage
tree.
shall mean a certificate issued to perform work under this
chapter.
shall mean any tree not located on property owned or controlled
by the Borough.
shall mean any tree located on property owned or controlled
by the Borough, Ocean County, or the State of New Jersey.
shall mean the actual removal or causing the effective removal
through damaging, poisoning or other direct or indirect actions resulting
in the death of a tree.
shall mean a nursery grown tree, either balled or burlapped
or containerized and marked with a label or receipt which indicates
genus, species and variety, having a minimum caliper of two (2") inches
and having a typical trunk diameter at maturity of four (4") inches
DBH or greater.
shall mean a tree that is a non-heritage tree, greater than
sixteen (16") inches DBH, or any tree that, regardless of size or
age, is a valued example of its species, or that is considered a community
resource for scientific, scenic, historic or environmental reasons.
shall mean any activity which significantly disturbs vegetated
or otherwise stabilized soil surface, including clearing and grubbing
operations.
shall mean a number given to identify a certain parcel or
block of land within the Borough.
shall mean any woody perennial plant having a single trunk
diameter greater than four (4") inches measured at a point four and
one-half (4.5') feet above the ground.
shall mean a conceptual and operational zone, usually circular,
around a tree to be preserved. These shall be one (1') foot in radius
from the tree's exterior for every inch of tree (as DBH). Thus, a
ten (10") inch DBH tree to be protected is typically at the center
of a circular TPZ twenty (20') feet in diameter.
shall mean a permit which shall be issued for tree removal
from any single-family residential lot, duplex, condominium, multi-family
dwelling, or commercial property in the Borough.
[Ord. No. 2011-10 § 3]
The Borough Code Enforcement Official shall have the authority
and responsibility to administer all provisions of this chapter. The
Code Enforcement Official will inspect or require adequate inspection
as needed to comply with this chapter.
[Ord. No. 2011-10 § 3]
It shall be unlawful for any person to hinder, prevent, delay
or interfere with the Borough while engaged in the lawful execution
or enforcement of this chapter. This shall not be construed as an
attempt to prohibit the pursuit of any legal or equitable remedy in
a court of competent jurisdiction for the protection of personal or
property rights by any property owner within the Borough of Island
Heights.
[Ord. No. 2011-10, § 4]
A heritage tree is any tree that because of its age, size, unique
type, or historical association is of special importance to the Borough.
The Borough acknowledges that preserving such trees is beneficial,
and has set forth the procedure below to preserve and protect these
heritage trees.
[Ord. No. 2011-10 § 4]
In order for a tree to be designated as a heritage tree, a person
must submit a written request to the Borough Environmental Committee.
The request shall include a signed declaration by the land owner approving
of this declaration; a site map showing the lot, any structures on
site, and the current use of the site; the species and size of tree;
and a narrative explaining why the applicant wishes to designate that
tree as a heritage tree.
[Ord. No. 2011-10 § 4]
No tree standing on private property shall be designated a heritage
tree without the consent of the property owner. No tree on Borough-owned
property shall be designated a heritage tree without the consent of
the Mayor and Council. Upon receiving a complete and valid request
for heritage tree status, the Borough Environmental Committee may
opt to obtain an arborist's report evaluating the condition of the
tree prior to approval. The arborist's report shall include an evaluation
of the tree's health, growing space and environment, typical longevity
of the species, and suitability for long-term retention.
[Ord. No. 2011-10 § 4]
The Borough Environmental Committee shall present to the Mayor
and Council all information including the application, any arborist's
report, and any additional information discovered by the Committee.
Mayor and Council will vote to designate the tree a heritage tree.
[Ord. No. 2011-10 § 4]
When a tree is designated as a heritage tree, a plaque so signifying shall be placed near the tree. The Borough shall place a notice in the land records of the Borough for all properties upon which a heritage tree is located, stating that the heritage tree is protected by the provisions of this chapter. The restrictions placed on a heritage tree shall bind all successors, heirs and assigns. It shall be unlawful to remove or damage in any way a heritage tree, its plaque, or any protective measures for that tree, subject to the provisions stated herein. It shall be unlawful to prune, trim, remove any limb, disturb the ground within the Tree Protection Zone, or undertake any activity which may cause harm to a heritage tree, except as otherwise provided in section 26-8.
[Ord. No. 2011-10 § 4]
The Borough shall maintain all heritage trees that are located
on Borough property or on public rights-of-way within the Borough.
It shall be the duty of every owner of property upon which a heritage
tree is standing to maintain that tree to the best of their ability.
The Borough may give advice and assistance to property owners regarding
proper maintenance of heritage trees.
[Ord. No. 2011-10 § 4]
a.
Criteria for Removal. In order to remove the designation of heritage
tree the homeowner must notify the Borough and provide evidence that
some part of the following criteria is met:
[Ord. No. 2011-10 § 5]
a.
Non-heritage trees are all trees that have not been classified as
a heritage tree.
b.
Significant tree shall mean a tree, that is a non-heritage tree,
greater than sixteen (16") inches DBH, or any tree that, regardless
of size or age, is a valued example of its species, or that is considered
a community resource for scientific, scenic, historic or environmental
reasons.
[Ord. No. 2011-10 § 6]
Except as otherwise provided in Section 26-8a — c,
it shall be unlawful for any person to remove any tree within the
Borough without having first obtained a valid tree removal permit.
A tree removal permit shall be issued for tree removal from any single
family residential lot, duplex, condominium, multi-family dwelling,
or commercial property in the Borough.
a.
Application. Any person desiring to remove a tree or trees shall
submit an application to the Borough. The Borough may require an arborist's
report, at the applicant's expense, prior to making a determination
to grant the permit.
b.
Tree Removal Subject to Borough Review. Upon receipt of the application,
and any time during the approval process, or during the permit duration,
the Borough shall inspect the site in question and evaluate the application
with respect to the visible condition of the tree(s), proximity to
existing structures, proposed land disturbance to the intent and purpose
of this chapter, and interference with utility services. The Borough
shall approve the removal of trees unless removal could cause damage
to adjacent properties, as reasonably determined by the Borough Code
Enforcement Official or Borough engineer.
c.
Annual Limit on Tree Removals. The Borough may approve tree removal
permit applications after receiving a completed application, provided
not more than two (2) trees are requested for removal in a calendar
year.
d.
Fee. A tree removal permit shall not be issued until such time as the applicant has paid the fee established in Section 26-10. A fee shall not be required if the Borough gives written notice to a property owner that trees on their property must be removed.
e.
Expiration. A tree removal permit issued pursuant to this chapter
shall expire twelve (12) months from date of issuance, or following
completion of the removal activity, whichever is longer.
f.
Revocation. A tree removal permit may be revoked because of incorrect
information submitted by the applicant, or for any action in violation
of the permit or this chapter.
[Ord. No. 2011-10 § 7]
All holders of a tree removal permit shall be required to replace
removed trees per the chart below, up to the amount that land can
reasonably sustain. Replacement trees required by a permit shall be
at least four (4') feet tall, and may be subject to approval by the
Borough Environmental Committee. The species of replacement trees
shall be selected to reasonably approximate a native tree population
of the site, pre-disturbance. Emphasis shall be on the use of species
historically native to the area, and the control of noxious, invasive
or poorly adapted ones. To assist applicants in the planning process,
a list of Barnegat Bay Friendly trees for use in the Borough will
be available to the homeowner.
|
Trunk Diameter <4"
|
Trunk Diameter From >4" to <6"
|
Trunk Diameter from >6" to <10"
|
Trunk Diameter >10" and Larger
|
|---|---|---|---|
|
No Replacement Required
|
One to One Replacement Required; Must use replacement trees
at least 4' tall
|
Two to One Replacement Required; Must use replacement trees
at least 4' tall
|
Three to One Replacement Required; Must use replacement trees
at least 4' tall
|
[Ord. No. 2011-10 § 8; Ord. No. 2014-07]
The following activities are specifically exempt from this chapter:
a.
Use of land for purposes of gardening in which the produce is grown
primarily for home consumption,
b.
Any tree growing in a public right-of-way.
c.
The cutting of any dead, diseased or other tree that is likely to
endanger life or property, which action may be taken without securing
a permit under this chapter.
d.
The removal of a tree or trees required in connection with the construction
of any single-family dwelling, duplex, multi-family dwelling or commercial
building which is compliant with the Borough's Zoning Code and Construction
Code and lies within all required front, side and rear yard requirements.
In the event of a duly-approved zoning variance, the same limitations
shall apply.
[Ord. No. 2011-10 § 9]
Injury or disfigurement of any public or private tree growing
within the Borough shall be a violation of this chapter. In order
to protect all public and private trees, the following provisions
shall apply:
a.
Prohibited Actions. No person shall:
1.
Attach any sign, notice or other object to any tree or fasten any
wires, cables, nails or screws to any tree in a manner that is reasonably
likely to be harmful to the tree;
2.
Pour any material on any tree or on nearby ground which could be
harmful to the tree;
3.
Cause or encourage any fire or burning near or around any tree;
4.
Pile building material, or stockpile dirt, or equipment around any
tree so as to cause injury thereto;
5.
Prune or limb a tree which results in the loss of that tree; or
6.
Violate any term or condition of a tree removal permit.
b.
Protection During Construction.
1.
Trees to be preserved during significant land disturbance shall be
protected by a delineated Tree Protection Zone (TPZ). Because compaction
of soil is likely to damage or kill affected trees where the size
or shape of the lot requires that machinery or equipment cross a TPZ,
alternative designs and technologies must be considered. These may
include: a dedicated traffic corridor constructed of a layer of landscape
fabric covered by six (6") inches of wood chips with plywood or its
equivalent on top, or other designs and technologies as may be indicated
by the Borough.
2.
A protective barrier shall be placed around retained trees prior
to approved land disturbance or construction activities, and shall
remain in place until all such activity is terminated. No equipment,
chemicals, soil deposits or construction materials shall be placed
within the protective barriers. Any landscaping activities subsequent
to the removal of the barriers shall be accomplished with light machinery
or hand labor.
3.
Tree protection barriers shall be a minimum of four (4') feet high,
constructed of chain link, polyethylene laminar safety fencing or
similar material, subject to approval by the Borough.
4.
The Code Enforcement Official is authorized to require any measures
necessary to protect significant trees during construction.
[Ord. No. 2011-10 § 10]
The following fees shall be charged under the provisions of
this chapter.
[Ord. No. 2011-10 § 11]
If, in the best judgment of the Borough, a tree, whether standing
on public or private property, has become a hazard, an arborist's
report shall be obtained evaluating the condition. The arborist shall
evaluate the condition of the tree and recommend a suitable course
of action. With the Borough's approval the recommended course of action
shall be carried out by the owner of the tree.
[Ord. No. 2011-10 § 12]
The requirements of this chapter shall be enforced by the Code
Enforcement Official who shall also inspect or require adequate inspection
of the work. If the Code Enforcement Official finds existing conditions
not as stated in the applicant's tree removal plan, he may refuse
to approve further work.
[Ord. No. 2011-10 § 13]
Appeals from decisions under this chapter may be made to the
Governing Body in writing within ten (10) days from the date of such
decision. The appellant shall be entitled to a hearing before the
Governing Body within thirty (30) business days from the date of appeal.
[Ord. No. 2011-10 § 14]
a.
If any person violates any of the provisions of this chapter, any
standard promulgation pursuant to the provisions of this chapter,
or fails to comply with the provisions of a certified plan, the Borough
may institute a civil action in the Superior Court for injunctive
relief to prohibit and prevent such violation or violations, and said
court may proceed in a summary manner.
b.
Any person who violates any of the provisions of this chapter, any
standard promulgation pursuant to this chapter or fails to comply
with the provisions of a certified plan shall be liable to a penalty
of not more than one thousand ($1,000.00) dollars for the first offense.
Second offense shall be no more than one thousand two hundred ($1,200.00)
dollars; third or subsequent offense shall be no less than one thousand
two hundred ($1,200.00) dollars. All to be collected in a summary
proceeding pursuant to the Penalty Enforcement Law (N.J.S.A. 2A:58-1
et seq.). The Superior Court, County Court, County District Court
and Municipal Court shall have jurisdiction to enforce said Penalty
Enforcement Law.
c.
Each tree damaged, removed or destroyed in violation of this chapter
shall be deemed to be a separate and distinct violation, and the violation
shall be continuing for each day of noncompliance regardless of whether
a new summons is issued.
d.
If any violation is of a continuing nature, each day during which
it continues shall constitute an additional separate and distinct
offense.
[Ord. No. 2011-10 § 15]
In cases of emergencies involving, but not limited to, hurricanes,
windstorms, floods, freezing, or other natural disasters, the requirements
of this chapter may be waived by the Mayor.
[Ord. No. 2011-10 § 16]
Nothing in this chapter shall be deemed to impose any liability
upon the Borough nor upon any of its officers or employees nor to
relieve the owner and occupant of any private property from the duty
to keep trees and shrubs upon private property or under his control
in a safe condition.
