[Ord. No. 2443-15]
As used in this chapter, the following terms shall have the
meanings indicated:
CALIPER
"Caliper" is a type of diameter measurement used in the nursery
industry. The height measurement shall be taken from ground level
for field-grown stock and from the soil line for container-grown stock,
which should be at or near the top of the root flare. Caliper measurement
of the trunk shall be taken six (6") inches above the top of root
flare up to and including four-inch caliper size. If the caliper at
six (6") inches above the ground exceeds four (4") inches, the caliper
should be measured at twelve (12") inches above the top of root flare.
Seldom are tree trunks perfectly round. The most accurate measurement
will result from the use of a diameter tape. Caliper measurements
taken with manual or electronic slot or pincer type caliper tools
should be the average of the smallest and largest measurements.
DRIPLINE
Shall mean 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.
ENFORCEMENT OFFICER
Shall mean the Forester of the Township of Millburn or his/her
duly authorized representatives.
EROSION
Shall mean the detachment and movement of soil or rock fragments
by water, ice, wind and gravity.
HISTORIC TREE
Shall mean a tree that has been determined to be at least
one hundred (100) years old and of notable historic interest to Millburn
Township because of its age, type, size or historic association and
which has been so designated by ordinance and/or resolution of the
Township Committee, as appropriate.
MILLBURN TREE RESTORATION PLAN
Shall mean a plan of tree removal, preservation, and planting
prepared by a New Jersey Licensed Tree Expert or Licensed Landscape
Architect.
PERMIT
Shall mean a license issued by the Township Forester to remove
or destroy a tree.
ROOT SYSTEM
Shall mean tree roots within the dripline perimeter.
SPECIMEN TREE
Shall mean any tree in fair or better condition which is
so designated by ordinance and/or resolution of the Township Committee,
as appropriate, based on considerations of whether the tree is a rare
species or specimen thereof; is abnormal in height, trunk diameter
or dripline circumference for a tree of its species; has foliage of
an unusual quality for a tree of its species; occupies a location
which confers special shade tree, fragrance, erosion control, aesthetic,
scenic enhancement, historic, preservation or cultural values to the
community. For purposes of this definition, "in fair or better condition"
shall mean that a tree has a relatively sound and solid trunk with
no evidence of extensive decay or visual evidence of being hollow
and with no major insect or pathological problem.
SUPERINTENDENT OF THE DEPARTMENT OF PUBLIC WORKS
Shall mean that individual appointed by the Business Administrator
with the consent of the Township Committee having direct charge and
management of the maintenance and/or repair of all streets, sewers,
drainage, shade trees, parks and other like operations performed by
the Township.
TOWNSHIP ENGINEER
Shall mean the qualified professional engineer and certified
municipal engineer licensed by the State of New Jersey and appointed
by the Township Committee to oversee planning, construction, and maintenance
of public improvements and other matters of similar character.
TOWNSHIP FORESTER
Shall mean that person appointed by the Township to supervise
and insure the conservation, protection and care of trees, shrubs
and soil within the Township and having the scope of duties and authority
provided for in this Chapter and shall also include those persons
working under the Township Forester's supervision or authorized
to carry out the duties and obligations assigned to the Township Forester.
TOWNSHIP TREE
Shall mean a tree located on land owned by the Township or
other municipal body or which is located on a street, highway, right-of-way
or parkway.
TREE
Shall mean any woody perennial plant having a diameter greater
than ten (10") inches measured at a point four (4') feet above
the ground.
TREE REMOVAL APPLICANTS
Shall refer to any person or organization seeking to remove
or alter trees in the Township.
TREE REMOVAL PERMIT
Shall mean the permit issued by the Forester or its designee
to remove or destroy a tree or to place machinery, material or temporary
soil deposit or regrade soil within the dripline of any tree.
[Ord. No. 2443-15]
The terms and provisions of this Chapter shall apply as follows:
a. Unless specifically excepted in Section
11-8 below, no person shall cut or remove, or cause or permit to be cut or removed, any tree on any land within the Township or place any machinery, material or temporary soil deposit or regrade the soil within the dripline of any tree unless the person shall have first obtained a permit therefor in accordance with the regulations and provisions of this Chapter.
b. Specimen and historic trees.
1. Trees which have been designated as specimen or historic under the
provisions of this Chapter shall be maintained in a living condition,
and it shall be unlawful for any person to cut or remove such tree
or place any machinery, material or temporary soil deposit or regrade
the soil within the dripline of such tree without an approved tree
removal permit. No specimen or historic tree shall be cut or removed,
and none of the activities set forth in this paragraph shall be undertaken,
unless the applicant has obtained the approval of the Enforcement
Officer.
2. The condition of trees proposed to be saved shall be evaluated by
use of guides including, but not limited to, the following:
(a) Evaluation of Hazard Trees in Urban Areas, ISA Books, Nelda Matheny
and James R. Clark.
(b) Urban Tree Risk Management, USDA Forest Service, Northeastern Area.
(c) ANSI Tree Risk Assessment.
[Ord. No. 2443-15]
Upon receipt of an application for cutting or removal of trees,
the Enforcement Officer, and/or his /her designee, shall inspect the
site on which are located the tree or trees sought to be cut or removed
or otherwise protected within the intendment of this Chapter and the
drainage and other physical conditions existing on the subject property
and adjoining properties. The Enforcement Officer shall consider the
following factors in deciding whether to issue such permit:
a. Whether the proposed cutting or removal would impair the growth and
development of the remaining trees on the applicant's property
or adjacent property.
b. Whether the proposed cutting or removal would adversely change existing
drainage patterns impacting neighboring properties.
c. Whether the proposed removal would allow soil erosion or increase
dust.
d. Whether the proposed removal would constitute a significant change
in the screening between existing or proposed buildings on contiguous
lots or would change the wooded aspect of the lot as viewed from the
adjacent public road.
e. Whether the proposed removal would constitute a horticulturally advantageous
thinning of an existing overgrown area.
f. The overall effect of removal of such tree or trees on the physical
and aesthetic value of the property and the neighborhood.
g. Whether the area where such tree or trees are located will be occupied
by a building or structure, a driveway or recreation area, a roadway,
a drainage right-of-way, or a sewer line, or whether such area is
within twenty (20') feet of any of the foregoing.
h. Whether existing conditions or proposed changes in the topography
of the area where such tree or trees are located have depressed land
configuration or fill of land which shall be deemed injurious to the
trees or other trees located nearby so as to require welling, construction
of an aerification system, or tree removal or replacement.
i. Whether the presence of the tree or trees is likely to cause hardship
or will endanger the public or any adjoining property owner by reason
of its being diseased or dead or for some other adequate reason within
the intent of this Chapter.
[Ord. No. 2443-15]
Fees shall not be charged to an applicant with respect to a
tract of land having a single or two-family dwelling occupied by the
owner thereof located thereon. Except as provided in the previous
sentence, each applicant for a permit under this Chapter shall make
a nonrefundable deposit with the Enforcement Officer of a fee of fifty
dollars ($50.00) for the first tree removal permit, and a fee of twenty
dollars ($20.00) for each additional tree removal permit. A separate
Tree Removal Permit shall be required for each tree.
[Ord. No. 2443-15]
Any person aggrieved by the decision of the Enforcement Officer
shall have the right to appeal such decision to the Township Committee.
Such appeal shall be by written notice stating the reasons upon which
the appeal is based, filed with the Township Clerk within ten (10)
days of the decision of the Enforcement Officer.
The Township Committee shall hear the matter, upon notice to
the applicant, within thirty (30) days after the filing of the notice
of appeal. The Township Committee may in its discretion and upon complete
review of the application and after hearing the testimony of the Enforcement
Officer, the applicant and such other experts as may be appropriate,
reverse, modify or affirm the aforesaid decision. If the Township
Committee shall not act within thirty (30) days after the filing of
the notice of appeal, the decision being appealed shall be deemed
to have been affirmed by the Committee.
[Ord. No. 2443-15]
Excepted from the provisions of this Chapter shall be:
a. Any tree located on publicly owned land or public rights-of-way and
removed by the public agency or its representatives.
b. The first two (2) trees, provided that all of the following conditions
are met:
1. None of the trees exceed eighteen inches (18") in diameter or fifty-seven
inches (57") in circumference at four feet (4') above the ground.
2. The trees removed do not constitute more than fifty (50%) percent
of the trees on the lot;
3. No more than two (2) trees are removed within any twelve (12) month
period; and
4. All trees are located on a residentially zoned lot occupied by the
owner.
c. Dead or diseased trees upon certification by the Enforcement Officer
or other qualified New Jersey Certified Tree Expert.
d. Partially or completely fallen trees by acts of nature, or which
endanger the public safety.
e. Any tree located within the public right-of-way as shown on a subdivision
map approved by the Township Planning Board or Board of Adjustment
after consultation with the Township Forester; any tree located in
an area to be occupied by a building, driveway, patio, pool or sports
court as shown on a plan approved by the Planning Board or Board of
Adjustment in connection with an application for subdivision or site
plan approval; or any tree located in an area to be occupied by a
building, driveway, patio, pool or sports court as shown on a plan
approved by the Township Engineer for a permit related to a single
family lot pursuant to the Grading, Drainage, Soil Erosion and Sediment
Control Ordinance.
[Ord. No. 2443-15]
The Enforcement Officer shall oversee all tree removals pursuant
to an issued tree removal permit. The Enforcement Officer shall conduct
adequate inspections of all sites for which a tree removal permit
has been issued.
[Ord. No. 2443-15]
All provisions of this Chapter shall apply to any person removing trees on behalf of any other person, including all tree removal construction companies or persons in the business of removing trees or construction. It shall be unlawful for any person or company to remove or cause to be removed any tree or undertake any work for which a permit is required pursuant to this Chapter unless a valid permit therefor is in effect and is displayed in accordance with the provisions set forth in Section
11-12; such removal or work shall constitute a violation of this section and shall subject the person or company violating this section to all penalties provided herein.
[Ord. No. 2443-15]
The Enforcement Officer shall perform the duties set forth in
this Chapter and shall be responsible for the enforcement of the provisions
of this Chapter. In this regard, the Enforcement Officer is authorized
and shall perform any necessary inspections and is further authorized
and shall issue violation notices and shall sign complaints and provide
testimony in the Municipal Court for violations of this Chapter.
[Ord. No. 2190-01 § 1; Ord. No. 2443-15]
Application for Tree Removal Permit:
a. No Township tree or tree in the public right-of-way shall be removed
or altered except by the Department of Public Works or by a tree removal
contractor so authorized by contract with the Township or by a permit
issued by the Department of Public Works.
b. In situations where an adjacent property owner desires the removal
of a Township tree which is not dead, dying or unsafe, the following
shall apply:
1. The property owner shall file an application for a tree removal permit,
fully explaining the reasons for the tree removal;
2. The Township Forester shall review the application and determine
whether the tree may be considered for removal, and reject or approve
the application and issue permit, including the reasons for the decision
within twenty (20) business days.
3. An application approved by the Township Forester shall be forwarded
to the Superintendent of Public Works for further consideration. The
Superintendent shall review the application and issue a permit or
deny the application within five (5) business days.
4. The tree removal application process shall take no longer than twenty
(20) business days. If an application has not been granted or denied
within twenty (20) business days, such failure shall be deemed a denial
of the application for purposes of appeal to the Shade Tree Appeal
Board, unless such period of time has been extended with the consent
of the applicant.
5. The applicant must replace the tree to comply with the Township of Millburn's goal of No Net Loss of trees by replanting according to the table provided in Chapter
11, Section
11-15 or providing funding for the replanting of trees on Township property.
[Ord. No. 2190-01 § 1; Ord. No. 2443-15]
The Enforcement Officer shall issue the Township Tree removal
permit, subject to the following conditions:
a. The property owner will be responsible for the full cost of the tree,
stump and debris removal.
b. The Township shall be held harmless and indemnified from any damage
or costs incurred as a result of the tree removal. A properly executed
hold harmless and indemnification agreement shall be filed with the
tree removal permit application.
c. The tree removal shall be conducted by a fully-insured tree removal
contractor, with a certificate of insurance naming the Township as
an additional insured in the amount of one million dollars ($1,000,000.)
Commercial General Liability ("CGL") submitted with the application.
d. The tree removal contractor shall comply with all State, O.S.H.A.
and A.N.S.I. line clearance standards.
e. The tree removal contractor shall notify the Township Police Department
prior to the temporary closing of any street required for the safe
removal of a Township tree, and shall receive the written approval
of the Police Department.
f. As a condition of granting a permit to remove a Township tree, the
tree removal applicants shall provided financial compensation to the
Township for a replacement tree in advance of the written authorization
to remove the Township tree. The species, size and location shall
be approved by the Township Forester.
g. Each applicant for a permit to remove a Township tree shall pay a
permit fee of one hundred ($100.00) dollars.
[Ord. No. 2190-01 § 1; Ord. No. 2443-15]
An applicant shall have the right to appeal any denial of a
Township tree removal permit to the Township Committee.
a. The appeal shall be submitted in writing within fourteen (14) days
of the decision of the Forester.
b. The Township Committee may seek the advice of the Environmental Commission,
the Township Forester, the Township Engineer, the Superintendent of
Public Works or such other experts as it deems appropriate.
c. The Township Committee shall, within forty-five (45) days of the
filing of the appeal, adopt a resolution that either affirms the denial
being appealed or directs the Department of Public Works to issue
the permit for removal with whatever conditions the Township Committee
deems appropriate.
[Ord. No. 2190-01 § 1; Ord. No. 2443-15]
a. All Township trees and shrubs located on property owned by the Township
shall be maintained solely by the Department of Public Works.
b. All Township trees and shrubs not located on property owned by the
Township, but on properties owned by the Board of Education or by
some other public Township body, may be maintained by the Department
of Public Works as is required for the general public welfare.
c. The Superintendent of Public Works shall be empowered to authorize
garden clubs, individuals or civic associations to adopt certain Township
trees and shrubs and flower beds for care and maintenance, when he/she
deems it in the public interest to do so.
[Ord. No. 2190-01 § 1; Ord. No. 2443-15]
a. It shall be unlawful to commit any of the following acts with respect
to Township trees without the prior written permission of the Township
Forester:
1. Cut, prune, break, injure, alter or remove any Township tree in any
way; or cut, unduly disturb, regrade or interfere in any way with
any root of a Township tree.
2. Spray any Township tree with a chemical.
3. Fasten any rope, wire, sign, or other device to a Township tree or
to any guard about such a tree, or install any nails, screws, spikes,
hooks, or fasteners of any type whether into or on or around any Township
tree or part thereof.
4. Install, remove or injure any guard or device placed to protect any
Township tree.
5. Close or obstruct the area encompassing the dripline so as to restrict
the access of air, water and fertilizer to the roots of such tree.
6. String any wires or lines from one Township tree to another or to
any other point.
b. The Township Forester shall grant written permission if the activity
for which such permission is requested is, in his/her opinion in the
public interest and not likely to materially injure any Township tree.
c. Any damage to any Township tree by machines, objects, autos, etc.
shall constitute a violation of this Chapter.
d. No person shall move, or cause to be moved, any building or large
object along any street without having first obtained a valid permit
from the Superintendent of Public Works who, if he deems necessary,
may require a bond or cash deposit to be furnished in an amount sufficient
to cover any damage to, or destruction of, Township trees on such
street or streets as a result of such moving operations.
e. The provisions of this Chapter are not to be construed as requiring the Township to maintain, replace or move any sidewalk not located on property owned by the Township. Property owners shall comply with subsection
15-7.5 of this Code in relation to sidewalk repair or replacement within the dripline of Township trees.
f. Any violation of this Chapter shall be punished as provided by Section
11-14 of this Code.