[Editor's Note: Prior Chapter 22, Tree Removal, previously codified herein and containing portions of Ordinance No. O-88-20, was repealed and renamed by Ordinance No. O-08-06.]
[Ord. No. O-08-06 § 22-1.1]
This section shall, be known as and may be cited as "Tree Removal and Protection Ordinance of the Borough of Highlands."
[Ord. No. O-08-06 § 22-1.2; amended 4-17-2024 by Ord. No. O-24-04]
The purpose of this section is to:
a.
Prevent uncontrolled and excessive destruction or removal of trees within the borough on level properties as well as on any slopes. Uncontrolled and excessive destruction or removal of trees within the Borough has caused or contributed to potential hazards to persons or property including but not limited to soil erosion, changes in drainage patterns, increased dust and noise pollution.
b.
Restrict the removal of other trees, thereby maintaining the beauty and character of the Borough of Highlands, preventing erosion, controlling action that will substantially change drainage patterns, and restricting any action that could create a hazard to persons or property.
c.
This section establishes requirements for tree removal and replacement in the Borough of Highlands to reduce soil erosion and pollutant runoff, promote infiltration of rainwater into the soil, and protect the environment, public health, safety, and welfare.
[Ord. No. O-08-06 § 22-1.3; amended 1-19-2022 by Ord. No. O-22-01; 4-17-2024 by Ord. No. O-24-04; ]
For the purposes of this section, the following terms, phrases, words and their derivations shall have the meaning given herein. The word "shall" is always mandatory and not merely directory.
Shall mean any person making application to the Tree Commissioner for a Tree Protection Permit.
Shall mean the removal of all, or substantially all, of any size or type of trees within an area on a lot larger than five hundred (500) square feet, or within noncontiguous areas on a lot which have a total combined area greater than one thousand (1,000) square feet, or on any slope (see definition of slope).
Means the zone around the base of a tree where the majority of the root system is found. This zone is calculated by multiplying the diameter at breast height (DBH) of the tree by 1.5 feet. For example: a tree with a 6" DBH would have a CRR = 6" x 1.5' = 9'.
Shall mean the cutting, girdling, poisoning, bulldozing over or any other deliberate act which results in the death or destruction of the life or main stems and crown or root system of tree.
Shall mean the diameter of a tree measured at breast height, which is approximately four and one-half (4.5) feet above the ground. The diameter of a multi-trunked tree shall be two-thirds (2/3) of the sum of the diameters of all trunks but not less than the diameter of the largest trunk.
Shall mean a line connecting the tips of the outermost branches of a tree projected vertically onto the ground.
Shall mean any unforeseen circumstance or occurrence, the existence of which constitutes a clear and immediate danger or hazard to person or property.
Means a tree or limbs thereof that meet one or more of the criteria below. Trees that do not meet any of the criteria below and are proposed to be removed solely for development purposes are not hazard trees. (1) Has an infectious disease or insect infestation; (2) Is dead or dying; (3) Obstructs the view of traffic signs or the free passage of pedestrians or vehicles, where pruning attempts have not been effective; (4) Is causing obvious damage to structures (such as building foundations, sidewalks, etc.); or (5) Is determined to be a threat to public health, safety.
Shall mean a plan prepared by a qualified person acceptable to the Tree Conservation Officer showing the planting of replacement trees on the property on which a restricted regulated activity is taking place or on other properties within the Borough. Said plan must depict, in a manner acceptable to the Tree Conservation Officer, a reasonable scheme for the ultimate full replacement of trees removed.
See Tree, ornamental.
Shall mean any person who has been issued a permit pursuant to the terms and conditions of this section and who is obligated to fulfill all the terms of this section.
Shall mean any person, firm, partnership, association, corporation, company, or public or private organization of any kind other than those exempted from the provisions of this section.
Means the part of a street right-of-way between the public right-of-way and the portion of the street reserved for vehicular traffic or between the abutting property line and the curb or traveled portion of the street, exclusive of any sidewalk.
Shall mean a barrier constructed to protect the root system or trunk of a tree from damage during construction or from equipment. Such a barrier may consist of a snow fence or similar structure approved by the Shade Tree Commission.
Shall mean the act of trimming or lopping off what is unnecessary. The act of cutting off branches to help strengthen those that will remain, or bringing a tree into a desired shape.
Means an individual who resides on the residential property or contractor hired by the individual who resides on the residential property where a tree(s) regulated by this section is removed or proposed to be removed.
Shall be defined in Section 2-21 in the Revised General ordinances of the Borough of Highlands. Shade Tree Commission members shall have the right to enforce this section and issue complaints if needed, as well as provide a list of acceptable replacement trees.
Shall mean any tree or ornamental tree with a diameter at breast height (DBH) exceeding sixty (60%) percent of that of the largest similar tree listed in either of these references: Monmouth, County's Largest Trees, prepared and updated annually by the Monmouth County Shade Tree Commission or New Jersey's Big Trees, prepared and updated biannually by the Division of Parks and Forestry of the New Jersey Department of Environmental Protection.
Shall mean a rise equal to or greater than one (1) foot vertical on two (2) feet horizontal. Areas within twenty-five (25) feet of the top or fifteen (15) feet of the toe of any slope.
Shall mean any tree or ornamental tree which is not a significant specimen tree and which has a diameter at breast height (DBH) of eighteen (18) inches or more.
Means a tree planted in the sidewalk, planting strip, and/or in the public right-of-way adjacent to (or specified distance from) the portion of the street reserved for vehicular traffic. This also includes trees planted in planting strips within the roadway right-of-way, i.e., islands, medians, pedestrian refuges.
Shall mean the removal of undesirable, competitive, diseased or damaged trees so as to improve the development of the remaining trees on a lot.
Shall mean any living deciduous or coniferous (evergreen) tree with a normally anticipated mature height of twenty (20) feet or greater with an existing DBH larger than four (4) inches, except on slopes greater than one (1) or two (2) feet (meaning trees located on slopes with less than a DBH of four (4) inches need to have approved permit for removal). Examples include but are not limited to: Norway, Red, Silver or Sugar Maple, Sweetgum, London Plane, American Sycamore, White, Red or Pin Oak, American Elm, Yellow or White Poplar, Copper Beech, Cedar, Spruce, Pine, Fir or Hemlock.
Means the diameter of the trunk of a young tree, measured six (6) inches from the soil line. For young trees whose caliper exceeds four (4) inches, the measurement is taken twelve (12) inches above the soil line.
Shall mean the person designated by resolution of the Borough Council to administer permitting and enforce this section. The Tree Commissioner shall be a member of the Shade Tree Commission. If no such person is designated, the Borough Clerk or the Clerk's designee shall act as Tree Commissioner.
Shall mean a specialist in trees or tree care whose qualifications are acceptable to the Tree Conservation Officer.
Shall mean any living deciduous or coniferous small decorative tree with a normally anticipated mature height of six (6) feet or greater. Examples include but are not limited to: Dogwood, American Holly, Native Laurel, and any other Birch, Japanese Maple, Cherry, Crabapple, Magnolia, Bradford Pear and Willow).
Means to kill or to cause irreparable damage that leads to the decline and/or death of a tree. This includes, but is not limited to, excessive pruning, application of substances that are toxic to the tree, over-mulching or improper mulching, and improper grading and/or soil compaction within the critical root radius around the base of the tree that leads to the decline and/or death of a tree. Removal does not include responsible pruning and maintenance of a tree, or the application of treatments intended to manage invasive species.
Shall mean a legible sketch, a tax map reproduction, a copy of an existing survey or similar drawing with field measurements and dimensions provided by, the property owner or the owner's agent.
[Ord. No. O-08-06 § 22-1.4]
The activities described in this subsection and any substantially similar activities are prohibited activities:
a.
Remove, destruction or clear cutting of any tree or trees upon any lands, including public rights-of-way, easements, privately and publicly owned lots and slopes within the Borough of Highlands.
b.
Undertaking, causing or permitting any activities including grading, demolition or construction on, or adjacent to, any lot which may damage; or otherwise causing or permitting any damage, injury or disfigurement to any tree, ornamental tree or dripline of a tree described in paragraph a.
[Ord. No. O-08-06 § 22-1.5]
No person shall engage in, nor allow, permit or direct any person to engage in, any prohibited activity as defined in subsection 22-1.4 above unless a tree removal/protection permit is first obtained from the Tree Commissioner.
[Ord. No. O-08-06 § 22-1.6]
a.
Application for a tree removal/protection permit shall consist of:
1.
A fully and accurately completed application form provided by the Borough.
2.
A tree removal plan in sufficient detail to identify the location, species, diameter and estimated height of all trees wanting to remove or protect, and all existing and proposed accessory structures in relations to any removals. All trees described in subsection 22-1.4 shall be shown on a tree removal plan if construction or any grading activity is proposed within ten (10) feet of the dripline of such trees. For removals of five (5) or fewer trees on a lot where the principal use is an existing single-family dwelling, the tree removal plan may be provided using a legible sketch, a tax map reproduction, a copy of an existing survey or similar drawing with field measurements and dimensions provided by, the property owner or the owner's agent. In the case of tenants and landlords, the tree removal plan must be accompanied by a signature and contact information of property owner on file at Borough hall.
3.
A narrative description of the property owner's reasons for removing the trees, including a description of any alternates considered.
4.
A tree removal/protection permit application fee, as set forth herein shall be paid:
(a)
Twenty-five ($25.00) dollars a tree (nonrefundable), or fifty ($50.00) dollars (nonrefundable) a specimen or significant specimen tree;
(b)
Fees may be waived or modified by the Borough Council for charitable, public or quasi-public, or educational agencies or in unusual and exceptional circumstances.
b.
The applicant will place or cause to be placed, in a highly visible manner, a one (1) inch wide red ribbon, which may be obtained from Borough hall, around the trunk of each tree to be removed, to aid the Tree Commissioner in evaluating the proposed removals.
c.
After evaluation of an application, the Tree Commissioner will take one of the following actions within the time set forth:
1.
If the Officer determines that the permit application is incomplete, unclear, inaccurate or otherwise deficient, the Commissioner shall so advise the applicant and return the permit application within ten (10) days of the date of application. The applicant may revise, supplement and/or resubmit the application, which will then be treated, as a new application except no additional fee is required.
2.
If the Officer determines that the proposed regulated activity is permitted or prohibited by the standards set forth in subsection 22-1.7 herein below, a permit shall be, respectively, issued or denied within thirty (30) days of the date of application.
3.
In issuing permits under this section, the Commissioner may impose reasonable permit conditions necessary to effectuate the purposes of this section.
4.
In cases of slopes, permittee will be required for every tree or ornamental tree removed to plant a tree or shrub in accordance to a plant list provided by the Shade Tree Commission suitable for slope stabilization within thirty (30) days of removal or completion of construction project. Temporary means of supporting the slope approved by Borough Engineer are required during thirty (30) day grace period. No exceptions.
5.
In cases of multi-family or single-family homes, permittee will be required for every tree or ornamental tree removed to plant a tree or shrub in accordance to a plant list provided by the Shade Tree Commission suitable for our climate within sixty (60) days of removal or completion of construction project. In cases where the planting of replacement trees or ornamental trees is not feasible on property, twenty-five ($25.00) dollars, to the Borough for planting of a replacement tree in a location recommended by the Shade Tree Commission.
[Ord. No. O-08-06 § 22-1.7; amended 1-19-2022 by Ord. No. O-22-01; 4-17-2024 by Ord. No. O-24-04]
a.
Application will be reviewed by the Tree Commissioner.
b.
When reviewing applications, the Tree Commissioner will, after inspecting the site, evaluating soil, location, grading, drainage and other conditions on the site and adjacent properties and consulting with such other officials, agencies, committees, boards and commissions as the Commissioner deems appropriate, determine if the regulated activity proposed is prohibited, permitted or restricted in accordance with this section. If an application is for activity on a property that has a site plan or subdivision application pending with the Land Use Board, the Tree Commissioner shall not approve of any activity until the Land Use Board has rendered its decision. If no site plan or subdivision application is pending, then the Tree Commissioner shall not approve of any activity until after the Land Use Board provides its recommendation.
1.
Prohibited regulated activities include:
(a)
Clear cutting areas, outside of the limits of removal which collectively exceed forty (40%) percent of a lot.
(b)
Removal of any trees.
(c)
Any action that will substantially increase the potential of erosion.
(d)
Removal of any vegetation, including trees with a DBH less than four (4) inches on a slope.
(e)
Any action that will substantially change drainage patterns.
(f)
Any action inconsistent with other land use approvals or regulations affecting the site.
(g)
Any action that would create a potential hazard to persons or property.
2.
Restricted regulated activities include:
(a)
All regulated activities, which are neither prohibited nor permitted, are restricted. Applications may propose a combination of prohibited, permitted and restricted activities. In such cases, the Tree Commissioner may segregate the activities proposed and take the appropriate action on each type of activity.
(b)
Applications for restricted activities shall be referred to the Land Use Board for recommendation to the Tree Commissioner.
c.
The Land Use Board shall consider these factors in making a recommendation to the Tree Commissioner concerning a restricted regulated activity:
1.
Whether the proposed cutting or removal would impair the growth and redevelopment of the remaining trees on the applicant's property or adjacent property.
2.
Whether the proposed cutting or removal would change existing drainage patterns.
3.
Whether the proposed removal would allow soil erosion or increase dust.
4.
Whether the proposed removal would constitute a significant change in the screening between existing or proposed buildings on contiguous lots or the aspect of the lot as viewed from the adjacent public road.
5.
The overall, effect of removal of such tree(s) on the physical and aesthetic value of the property and the neighborhood.
6.
Whether proposed changes to the topography of the area where such tree(s) are located will have a land configuration 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.
7.
Whether reasonable application of the standards of this section create a substantial hardship for the applicant, prohibiting reasonable use of the property consistent with the Planning and Development Regulations, and whether, therefore, one (1) or more of the standards should be waived.
8.
In appropriate circumstances, an applicant may be required to post performance and maintenance guarantees assuring compliance with the provisions of any tree protection permit and this section and assuring provision of replacement plantings damaged or removed contrary to the terms of any tree removal/protection permit or this section.
d.
The Tree Commissioner shall give due deference to the recommendations of the Land Use Board with regard to an application for a permit to allow a restricted regulated activity. The Commissioner may only act contrary to, or significantly modify, the recommendations of the Land Use Board if the Commissioner finds that the recommendations are based on incomplete or inaccurate information, are unreasonable or impracticable or would produce results contrary to the intent of this section. The Tree Commissioner shall, provide the Land Use Board with a copy of the Commissioner's final action on all permits for a restricted regulated activity.
[Added 4-17-2024 by Ord. No. O-24-04]
a.
Tree Replacement Requirements.
1.
Any person who removes one or more street tree(s) with a DBH of 2.5" or more, unless exempt under paragraph C, shall be subject to the requirements of the Tree Replacement Requirements Table below.
2.
Any person, who removes one or more tree(s), as defined as Tree removal, with a DBH of six inches or more per acre, unless otherwise detailed under paragraph C, shall be subject to the requirements of the Tree Replacement Requirements Table.
The species type and diversity of replacement trees shall be in accordance with Appendix A.[1]
Replacement tree(s) shall:
(a)
Be replaced in kind with a tree that has an equal or greater DBH than tree removed or meet the Tree Replacement Criteria in the table below;
(b)
Be planted within 12 months of the date of removal of the original tree(s) or at an alternative date specified by the Tree Commissioner;
(c)
Be monitored by the applicant for a period of two years to ensure their survival and shall be replaced as needed within 12 months; and
(d)
Shall not be planted in temporary containers or pots, as these do not count towards tree replacement requirements.
Tree Replacement Requirements Table | |||
|---|---|---|---|
Category | Tree Removed (DBH) | Tree Replacement Criteria (See Appendix A) | Replacement Fee |
1 | DBH of 2.5" (for street trees) or 6" (for non-street trees) to 12.99" | Replant 1 tree with a minimum tree caliper of 1.5" for each tree removed | $240 |
2 | DBH of 13" to 22.99" | Replant 2 tree with minimum tree caliper of 1.5" for each tree removed | $420 |
3 | DBH of 23" to 32.99" | Replant 3 trees with minimum tree calipers of 1.5" for each tree removed | $840 |
4 | DBH of 33" or greater | Replant 4 trees with minimum tree calipers of 1.5" for each tree removed | $1,680 |
[1]
Editor's Note: Appendix A, Replacement Trees and Shrubs is included as an attachment to this chapter.
b.
Replacement Alternatives.
1.
If the Tree Commissioner determines that some or all required replacement trees cannot be planted on the property where the tree removal activity occurred, then the applicant shall do one of the following:
c.
Exemptions.
All persons shall comply with the tree replacement standard outlined above, except in the cases detailed below. Proper justification shall be provided, in writing, to the Tree Commissioner by all persons claiming an exemption:
1.
Residents who remove less than four trees per acre that fall into Category 1, 2, or 3 of the Tree Replacement Requirements Table within a five-year period. The number of trees removed is a rolling count across a five-year period. For example, if three trees from Category 1 are removed in July 2023, the 'count' resets to zero in July 2028. However, if 1 tree from Category 1 is removed in July 2023 and another in July of 2025 the first tree will come off the count in July 2028 and the second in July 2030.
2.
Tree farms in active operation, nurseries, fruit orchards, and garden centers; Properties used for the practice of silviculture under an approved forest stewardship or woodland management plan that is active and on file with the Borough;
3.
Any trees removed as part of a municipal or state decommissioning plan. This exemption only includes trees planted as part of the construction and predetermined to be removed in the decommissioning plan.
4.
Any trees removed pursuant to a New Jersey Department of Environmental Protection (NJDEP) or U.S. Environmental Protection Agency (EPA) approved environmental clean-up, or NJDEP approved habitat enhancement plan;
5.
Approved game management practices, as recommended by the State of New Jersey Department of Environmental Protection, Division of Fish, Game and Wildlife;
6.
Hazard trees may be removed with no fee or replacement requirement.
[Ord. No. O-08-06 § 22-1.8; amended 4-17-2024 by Ord. No. O-24-04]
In connection with any construction, subsequent to tree clearing but prior to the start of other construction, snow fencing or other protective barrier acceptable to the Construction Official and/or Tree Commissioner, shall be placed around trees that are not to be removed. The protective barrier shall be placed at the dripline of any tree and shall remain in place until all construction activity is terminated. No equipment, chemicals, soil deposits or construction material shall be placed within any areas so protected by barriers. Any landscaping activities subsequent to the removal of the barriers shall be accomplished with light machinery or hand labor.
[Ord. No. O-08-06 § 22-1.9; amended 4-17-2024 by Ord. No. O-24-04]
In the event of an emergency, any person, otherwise subject to this section, having responsibility, jurisdiction and/or authority to cure, remedy or mitigate dangerous, hazardous, inconvenient or unhealthy conditions resulting from the emergency may, without first applying for and obtaining a permit under this section, take any lawful action which is otherwise a regulated activity. However, such person, or the agent or designee of such person shall apply for a tree removal/protection permit not later than the end of the second succeeding business day after any regulated activity takes place and may not proceed with nonemergency work including restoration until a permit is obtained.
[Ord. No. O-08-06 § 22-1.10; amended 4-17-2024 by Ord. No. O-24-04]
a.
Pursuant to N.J.S.A. 40:49-5, any person, firm, association or corporation violating any section of this chapter, shall, upon conviction in the Municipal Court having jurisdiction, be subject to a fine not exceeding two thousand ($2,000.00) dollars or imprisonment in the County jail or in any place provided by the municipality for the detention of prisoners, for any term not exceeding ninety (90) days, or both, or community service and shall replace each tree destroyed or removed in violation of this section with a tree on accordance to a list provided by the Shade Tree Commission. Each tree destroyed or removed in violation of this section shall be considered a separate offense.
b.
Any member of the Shade Tree Commission can file complaints.