The Tree Preservation Commission may, as a public courtesy,
create an inventory listing the trees on vacant and subdividable lots
in the Town. Upon completion of the tree inventory, the Town Clerk
shall send notices to property owners (as listed in the most current
tax records) of those vacant and subdividable lots which are listed
on the tree inventory. Notwithstanding the foregoing, the absence
of a tree inventory or lack of notice as described herein shall not
be a valid defense to any violation of the provisions of this chapter.
Under the circumstances set forth in this section, no tree shall
be cut or otherwise removed from any lands located in the Town unless
a tree removal permit has been issued from the Code Enforcement Officer.
Tree removal permits are required when an application (as described
in this chapter) has been approved by the Planning Board, the Board
of Adjustment, or the Code Enforcement Officer, whichever is applicable.
A tree removal permit based thereon shall be issued by the Code Enforcement
Officer under the following circumstances:
A. Where property is being developed and requires subdivision or site
plan approval;
B. Where Town trees are to be removed [provided that applications for
removal of such trees shall only be made by the adjacent property
owner(s)];
C. Where properties that contain existing dwellings or structures that
will be removed or demolished to facilitate the construction of a
new or replacement building or buildings within the next one year;
D. Whenever two or more trees, in the aggregate, having a DBH of eight
inches or more are to be removed from a property over a six-month
period;
E. Where there is any construction that may affect trees of six-inch
DBH or greater on Town or private property that are not otherwise
approved for removal. These trees shall be protected with a barrier
equal to a one-foot radius for each inch of DBH, with a minimum protective
barrier of a ten-foot radius. Nothing is to be allowed within the
barrier to prevent equipment from damaging the tree roots and to prevent
the piling of soil on the roots. The tree removal application shall
define and specify the placement and location of the barrier devices
to be used to protect the specified trees; or
F. Where a tree is over 16 inches DBH.
The following shall be exempt from the requirements of this
chapter:
E. Any tree on publicly owned land or public right-of-way and removed
by the public agency or its representatives.
F. Dead or diseased trees, upon certification by the Code Enforcement
Officer or a qualified New Jersey certified tree expert.
G. Partially or completely fallen trees by acts of nature, or trees
which, in the opinion of the Code Enforcement Officer, endanger or
create a hazard to public safety.
In all instances in which a tree removal permit is required pursuant to §
29A-7 above, the following requirements shall apply:
A. Tree removal application. A tree removal application shall be filed,
which shall indicate: i) the name and address of the owner of the
premises; ii) the name and address of the applicant if other than
the owner (accompanied by the owner's consent to the application);
and iii) a description by the lot and block number(s) of the premises
for which the permit is sought. The form of the application shall
be determined by the Code Enforcement Officer and shall be available
from the Department of Public Works. In the case of a subdivision
where the final house footprint and related structures are not known
at the time of the application, the Planning Board or Board of Adjustment,
as the case may be, shall condition its approval upon submission of
a tree preservation plan and proposed planting plan as part of the
construction permit application.
B. Time and place for filing tree removal applications.
(1) When property is being developed, and requires subdivision or site plan approval, or which is subject to §
29A-7(c), a tree removal application shall be filed with the Planning Board or Board of Adjustment, as appropriate, at least 28 days prior to the next scheduled Planning Board or Board of Adjustment meeting.
(2) All other tree removal applications shall be submitted to the Code
Enforcement Officer.
C. Submission of tree preservation plan in certain circumstances.
(1) When property is being developed and requires subdivision or site
plan approval. A person developing property which requires subdivision
or site plan approval shall submit, at the same time as his application
for subdivision or site plan approval, a tree preservation plan indicating
proposed locations of roads, lot improvements and existing trees.
(2) When a demolition permit is sought. When an applicant seeks to demolish
more than 50% of a principal structure in anticipation of immediate
or future redevelopment or reconstruction of that principal structure,
a tree preservation plan shall also be submitted with the tree removal
application, unless the applicant certifies that no trees shall be
removed as part of the demolition and construction.
D. Contents of tree preservation plan. The tree preservation plan shall
contain the following information:
(1) A description of the premises upon which tree removal is to take
place by street address and Town Tax Map lot and block number;
(2) The size of the lot upon which tree removal is to take place;
(3) A survey of the species and quantity of trees which are to be removed,
setting forth the location and type of each tree having a DBH of six
inches or more;
(4) Specific proposals for replanting or reforestation, if applicable;
(5) A description of the type of tree removal project (i.e., thinning,
selective cutting, clear cutting or aesthetic improvement cut and
barrier devices to protect remaining trees);
(6) Location of streams, watercourses and wetland property;
(7) Location of slopes greater than 10% where any tree removal is proposed;
(8) Identification of any grade changes in excess of six inches around
trees to be saved; and
(9) Identification of all tree protection measures that the applicant
will take, including the erection of silt fencing, construction fencing
and tree preservation fencing.
E. Submission of the tree preservation plan.
(1) The applicant shall submit 10 copies of the tree preservation plan
to the Planning Board or the Board of Adjustment, as the case may
be, in accordance with this chapter.
(2) The applicant shall also submit three copies of the tree preservation
plan to the Code Enforcement Officer at the time of submission to
the Planning Board or Board of Adjustment, to enable the Code Enforcement
Officer to make his or her recommendations to the Tree Preservation
Commission. The Code Enforcement Officer may accompany the Tree Preservation
Commission to the site and assist the Commission in formulating its
recommendations to the Planning Board or Board of Adjustment.
F. Conditions for issuance of building permit. In circumstances in which
a tree preservation plan is required, no building permit shall issue
unless the applicant has erected, around protected trees, fencing
or other protective barrier acceptable to the Code Enforcement Official.
The protective barriers shall be placed at least 10 feet from the
trunk of any tree and shall remain in place until all construction
activity is terminated. No equipment, chemicals, soil deposits or
construction materials shall be placed within any area so protected
by barriers. Any landscaping activities subsequent to the removal
of the barriers shall be accomplished with light machinery or hand
labor. In those circumstances where the Planning Board or Board of
Adjustment requires that a tree preservation plan be submitted as
a condition to its approval of an application, the approval of the
tree preservation plan by the Code Enforcement Officer or Town Engineer,
as the case may be, shall be a condition precedent to the issuance
of a building permit for any construction to occur on the property
that is the subject of the tree preservation plan. The Town Engineer
or Code Enforcement Officer shall consult with the Tree Preservation
Commission in connection with the approval of the tree preservation
plan.
Prior to issuance of a certificate of occupancy, where applicable, the Code Enforcement Officer shall visit the subject site to determine whether there has been compliance with the provisions of this chapter and, where applicable, whether the trees designated for preservation in the tree preservation plan, are, in fact, standing. If the Code Enforcement Officer determines that a replacement tree is required, the Code Enforcement Officer will withhold the certificate of occupancy until the requirements of §
29A-21 are satisfied.
There shall be a $500 fee for applications which are subject to §
29A-7(a),
(b) or
(c). There shall be a $50 fee for all other applications.
Where the Code Enforcement Officer has a reasonable belief that
any person has removed or otherwise destroyed any tree in violation
of this chapter, or has otherwise violated any provision of this chapter,
the Code Enforcement Officer shall notify such person of the violation
and refer the matter for adjudication by the Tree Preservation Commission.
Should the Commission, upon notice to the alleged violator and an
opportunity to be heard, determine that the violation occurred, the
Commission shall: 1) assess a fine upon the alleged violator up to
the retail value of the tree, as determined by the International Society
of Arboriculture, utilizing the trunk formula method (TFM); 2) direct
that the violator replace each tree removed or destroyed by another
tree of a species approved by the Town Engineer or his designee that
is at least three inches caliper measured at six inches above the
ground; or 3) assess both remedies. Should the alleged violator fail
or refuse to comply with the determination of the Tree Preservation
Commission within 30 days of its determination, the Code Enforcement
Officer shall serve a summons and complaint in the Municipal Court
upon the alleged violator and, in addition to the remedies set forth
above, the Code Enforcement Officer may seek, and the Municipal Court
may assess, an additional fine not to exceed $2,000. The illegal removal
of each tree in violation of this chapter or the failure to adequately
protect each tree during construction shall be deemed a separate violation
carrying with it a separate penalty as set forth above. Each and every
day such violation continues shall be deemed a separate and distinct
offense. In addition to the foregoing, the Town may institute and
maintain a civil action for injunctive relief restraining the continuance
of any unlawful tree removal project. Ignorance of the existence of
this chapter or the provisions of this chapter shall not constitute
a valid defense in either a civil or criminal proceeding.