[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Note: Prior Chapter 22, Tree Removal, previously codified herein and containing portions of Ordinance No. O-88-20, was repealed and renamed by Ordinance No. O-08-06.]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]
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.
[Ord. No. O-08-06 § 22-1.3]
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.
[Amended 1-19-2022 by Ord. No. O-22-01]
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).
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.
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.
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.
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.
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.
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).
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]
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.
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.
[Ord. No. O-08-06 § 22-1.8]
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]
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]
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.
