[Prior ordinance history includes portions of Ordinance No. OR: 08/01]
[Ord. No. OR:11/14]
a.
The Governing Body of the Borough of Watchung finds and concludes
that trees are a significant, historical, aesthetic and valuable ecological
resource. Because of this, trees on public and private property are
to be protected and preserved. Preserving and protecting the Borough's
trees will counteract air pollution, minimize soil erosion and other
related environmental damage, enhance the aesthetic environment of
the Borough and preserve property values. This chapter is intended
to maintain and enhance the general health, safety and welfare of
the residents of the Borough by preserving and protecting one of the
Borough's most valuable assets, its trees. This chapter provides
that no trees shall be removed, cut down, or otherwise destroyed,
unless a tree removal permit has been issued by the Borough. Tree
trimming and pruning are exempted from the permitting requirements
unless the tree would be destroyed by the trimming or pruning.
b.
The Governing Body of the Borough finds and concludes that tree removal
in the Borough has a significant impact on the Borough because of
the topography of the land; therefore, tree removal is limited and
a one to one replacement is required for each live tree removed outside
the primary building envelope.
c.
The Governing Body of the Borough finds and concludes that the landform
of the Borough is unique with a lower valley containing two lakes
and two mountain ridges on either side. The land has steep slopes
and many natural drainage ditches have carved their way toward the
valley and the lakes. Because the Borough has a considerable amount
of land that is sloped, significant tree removal leads to water runoff
and drainage problems, erosion of the land, and sedimentation of the
lakes and streams. The planting of replacement trees in critical areas
on public property will be a contributing factor in the prevention
of soil erosion. This replacement will benefit the Borough by reducing
soil erosion and sedimentation of the lakes and streams because there
is a direct correlation between tree removal on one property in the
Borough and tree replacement on a different more critical area on
another property.
d.
The Governing Body of the Borough finds and concludes that the indiscriminate,
uncontrolled and excessive destruction and cutting of trees upon lots
and tracts of land within the Borough will result in increased municipal
costs to control surface drainage, cause increased soil erosion, sedimentation,
and decreased fertility of soil, all of which conditions are, and
will in the future, be a deterrent to the public safety, health and
welfare of the citizens of the Borough.
[Ord. No. OR:11/14; Ord. No. 14/13 § 1]
For the purposes of this chapter, the terms used herein are
defined as follows:
Shall mean the owner or developer of land within the Borough
of Watchung desiring to remove trees, including the duly authorized
agent of the owner or developer.
Shall mean the legal or beneficial owner of land within the
Borough of Watchung to be included in a proposed development, including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
Shall mean a line connecting the tips of the outermost branches
of a tree projected vertically to the ground.
Shall mean any species of tree threatened with extinction;
including, but not limited to, species of trees so noted in State
of New Jersey and/or national registers.
Shall mean any tree representing or approaching in girth
the largest of its species in the State of New Jersey; or dedicated
to or commemorating an individual or event.
Shall mean the Watchung Environmental Commission list of
trees recommended by tree specialists as best adapted to the climate,
soil and topography of the Borough of Watchung and adopted by resolution
of the Governing Body. This list shall be kept on file in the Borough
Hall.
Shall mean the barrier constructed to protect the root system
or trunk of a tree from damage during construction from equipment,
soil or material deposits. Such a barrier may consist of a snow fence,
sawhorses, or other such similar structures approved by the Borough
Engineer and sufficient to protect the root system and/or trunk of
a tree from damage.
Shall mean a nursery grown certified tree, properly balled,
marked with a durable label indicating genus, species and variety
and satisfying the standards established for nursery stock and installation
thereof, as set forth by the American Association of Nurserymen.
Shall mean a tree, as determined by the Environmental Commission,
which by nature, condition, size, location, and/or appearance imparts
particular value to a property or landscape.
Shall mean any deciduous or coniferous species having a diameter
of or greater than four inches measured at a point four and one-half
(4-1/2) feet above the ground; or any Dogwood, Birch or American Hornbeam
having a diameter of or greater than two inches measured at a point
four and one-half (4-1/2) feet above the ground.
Shall mean an account funded by an applicant in situations
where the number of replacement trees mandated is in excess of practical
planting parameters within the affected site.
Shall mean a plan, prepared by the New Jersey Bureau of Forestry Management, a forestry consultant who is a graduate of a forestry school accredited by the Society of American Foresters, a landscape architect or similarly qualified person, identifying all tree(s) to be removed and/or replaced. A simplified tree removal/ replacement plan prepared by the applicant is permitted for an existing residence at the discretion of the Borough Engineer. This plan shall identify (species and diameter) all trees located within the area of disturbance and 50 feet beyond the area of disturbance. The trees proposed to be removed should be identified on the plot plan as well as listed in a table. The proposed replacement trees should also be on the plot plan and listed in table format in accordance with tree replacement definition in § 24-2. Proper planting details and cross-sections should be included on the plan.
Shall mean there is a one to one replacement ratio for each
live tree removed outside the primary building envelope. The replacement
tree must be a minimum of two and one-half (2 1/2) inches in
diameter, if replacing a tree of 18 inches diameter or less, or a
minimum of four inches in diameter, if replacing a tree with a diameter
greater than 18 inches, measured four and one-half (4 1/2) feet
from the ground. Replacement trees shall be selected from the preferred
tree list in accordance with a replacement ratio of 75% deciduous
and 25% conifers.
Shall mean where fill is required around trees, the tree
must be protected by an air well around the trunk, 12 feet in diameter
pursuant to formula provided by the New Jersey School of Nurserymen
which will prevent the intrusion of soil. The top of the tree well
must extend six inches above the graded level.
[Ord. No. OR:11/14]
a.
Unless exempt pursuant to § 24-4, no person shall cut, remove, top, injure, or damage any tree upon any lands within the Borough of Watchung without having first obtained a tree removal permit in accordance with this chapter.
b.
The tree removal permit shall be displayed in a prominent and visible
place on the property. The tree company must have a copy of the permit
in their possession while performing tree removal.
[Ord. No. OR:11/14]
The following shall be exempt from the tree removal permit requirements
of this chapter.
a.
Any tree cut or removed for purposes of logging or tree farming in
accordance with a management plan of the New Jersey Department of
Environmental Protection, reviewed and approved by the Planning Board
or Board of Adjustment and filed with the Borough Clerk.
b.
Any tree actively used as part of a commercial nursery, garden, orchard,
or tree farm.
c.
Trees directed to be removed by the Borough of Watchung, County of
Somerset or State of New Jersey, with official notification kept by
the Borough Engineer.
d.
The pruning or removal of trees within utility rights-of-way by governmental
organizations or utility companies for maintenance of utility wires
or pipelines.
e.
The pruning of trees within sight easements.
[Ord. No. OR:11/14]
a.
Any person desiring to remove trees, which are dead, dying, diseased, damaged or otherwise a hazard to structures or human life shall apply to the Borough Engineer for a tree removal permit. That person shall certify to the Borough Engineer that the trees to be removed are dead, dying, diseased, damaged or hazardous, and the Borough Engineer shall issue a tree removal permit based upon that certification if it is five or fewer trees. A tree removal permit for six or more trees shall be issued by the Borough Engineer only after approval of the application by the Environmental Commission. No fee shall be charged for the issuance of a tree removal permit under § 24-5.
b.
In the event that the Borough Engineer disputes that a tree is dead,
dying or diseased, or hazardous the property owner will retain, at
the property owner's cost, a certified tree expert to inspect
the trees and provide a report to the Borough on the condition of
the trees.
[Ord. No. OR:11/14; Ord. No. 14/13 §§ 2-4]
Unless exempt pursuant to § 24-4, any person desiring to cut or remove any tree(s), as defined in § 24-2, shall apply to the Borough Engineer for a permit to remove such tree(s). The applicant shall complete an application, submit a tree removal/replacement plan as defined in § 24-2 and, if required by § 24-6b, with the trees to be removed visually identified in the field.
A tree removal permit for five or less trees shall be issued
by the Borough Engineer. A tree removal permit for six or more trees
shall be issued by the Borough Engineer only after approval of the
application by the Environmental Commission. Upon receipt of an application
for a tree removal permit; the Environmental Commission shall have
10 business days to act on that application.
a.
Application Information.
1.
Provide the name, address, and telephone number of the applicant
who shall be the owner or duly authorized agent of the owner, where
applicable.
2.
Identify the premises by street, block and lot number.
3.
Provide the name, address and telephone number of the contractor
to perform the work.
4.
Provide the quantity, species, diameter, condition and distance to
nearest structure and reason for removal of the trees requested to
be removed.
5.
Provide replacement tree quantity, species and diameter in accordance with the definition of replacement tree as defined in § 24-2.
6.
The application shall be signed and dated by the applicant.
b.
Tree Removal/Replacement Plan: General Regulations.
1.
Every application for the removal of any tree or trees is required to submit a tree removal/replacement plan as defined in § 24-2 for approval.
2.
The Environmental Commission shall review the tree removal/replacement
plan submitted as part of the subdivision or site plan application.
In addition to the requirements of this chapter, all conditions imposed
by the Planning Board or Board of Adjustment approval regarding land-clearing
operations, tree removal and tree replacement shall be met.
3.
The Borough Engineer may accept a simplified version of the tree
removal/replacement plan when tree removal is not associated with
land disturbance and/or the removal is on the property of an existing
residence.
4.
In the event it is not possible to replace the required number of
trees within the existing lot and the lot has at least 50% of original
tree coverage, an off-site contribution to the Watchung Tree Bank
of an equal number of trees or cash equivalent of $350 per tree should
be placed in the Tree Bank Fund to be used for the purchase of future
tree plantings on public property within the Borough as determined
by the Traffic and Beautification Committee in consultation with the
Department of Public Works. The future tree plantings will be located
in areas such as steep slopes, stream areas, buffer areas and other
areas to improve drainage and reduce soil erosion.
[Amended 3-7-2019 by Ord.
No. 19/03]
c.
Tree Removal/Replacement Plan, Information Required.
Three copies of a tree removal/replacement plan prepared in
accordance with the appropriate detailed checklist below shall be
submitted as part of the application. Follow Checklist A when tree
removal is associated with land disturbance. Follow Checklist B when
tree removal is associated with no or minimum land disturbance.
Editor's Note: Checklist A and Checklist B are included as attachments to this chapter.
d.
Field Identification of Trees to be Removed.
1.
For single-family residential construction, the primary residence
construction envelope (limit of foundation plus 15 feet) must be marked
on site by string line, caution tape or other readily discernible
method at the time the application is made.
2.
All other tree(s) requested to be removed must be marked individually
on site with red or orange plastic tape at the time the application
is made. Paint spraying or other permanent marking, damaging, or defacing
of trees is prohibited.
e.
Tree removal permits shall expire two years from the date of issuance.
[Ord. No. OR:11/14]
a.
In the event the application states that five or fewer trees as defined in § 24-2 are to be cut or removed from the lot or tract of land identified in the application, and the identified trees do not include historic, endangered species, or specimen trees, then, and in that event, the Borough Engineer shall follow the design criteria as defined in § 24-8, after having inspected the site, issue a permit for the removal of said tree(s).
b.
In the event the application states that six or more trees as defined in § 24-2 are to be cut or removed from the lot or tract of land identified in the application or in the event that the trees include historic, endangered species or specimen trees then, and in that event, the Borough Engineer shall only issue the tree removal permit with the approval of the Environmental Commission. The Environmental Commission shall inspect the site to determine whether the plan for the removal of the trees meets the design criteria for approval as set forth under § 24-8.
c.
The Construction Code Official shall not issue a building permit
until a tree removal permit has been issued and approved in accordance
with the provisions of this chapter.
d.
The Construction Code Official shall not issue a Certificate of Occupancy
until there has been compliance with this chapter. If tree replacement
has not yet been completed because of weather conditions, cash or
other security may be submitted at $200 per tree to ensure compliance.
[Ord. No. OR:11/14; Ord. No. 14/13 § 5]
a.
In addition to the tree removal prohibitions contained in § 24-12, only those trees necessary to permit the construction of new buildings, structures, streets, driveways, utility infrastructure and other authorized improvements shall be removed. Existing vegetation shall be preserved to the greatest extent feasible.
b.
Trees in the area between the property line and the setback lines
shall be preserved where feasible.
c.
No more than 50% of the existing trees within the property boundaries
shall be removed. The remaining trees shall be designated for preservation.
The applicant is required to provide the tree count information on
the lot.
d.
The Environmental Commission or Borough Engineer shall have the authority
to require the protection of any tree or tree canopy areas designated
to be preserved on the site by requiring the erection of protective
barriers.
e.
No clear-cutting of easements. No tree removal for utility placement
(i.e. sewer) until line is laid out and then tree removal +/- 5 feet
on either side notwithstanding that the easement may be 30 feet in
width.
f.
Tree removal from any slope in excess of 10% is prohibited if it
will contribute, as determined by the Planning Board, Board of Adjustment,
or Borough Engineer, to the increased runoff of surface water onto
adjoining property, increased soil erosion or the deposition of silt,
increased dust and/or the decrease of soil fertility unless other
means, approved by the Borough Engineer, are provided to prevent runoff
and erosion.
g.
If a tree designated to be preserved eventually dies because of root
disturbance or a change in drainage, or if the owner prefers to remove
the tree, it shall be removed and replaced with another tree from
the preferred tree list in the same or another area after all on-site
fill and regrading has stabilized.
h.
To the extent that § 24-8 does not conflict with buffer requirements of the Land Use Ordinances of the Borough of Watchung, a buffer zone of trees and shrubs shall border three sides of an industrial or commercial property. The Planning Board or Board of Adjustment may require a larger buffer zone when noise, size or height of a building or architectural design of the development require an increase, including a buffer of trees on all sides.
i.
All residential, commercial and industrial development shall consider the use of treeless areas, if possible, for building sites. If it is necessary to develop wooded areas or to remove trees for proposed building sites, the Planning Board, Board of Adjustment, and/or the Borough Engineer shall require tree planting in treeless areas as described in § 24-10.
j.
Tree replacement used in a required planting or to replace a damaged
tree must be a minimum of two and one-half (2 1/2) inches in
diameter, if replacing a tree of 18 inches diameter or less, or a
minimum of four inches in diameter, if replacing a tree with a diameter
greater than 18 inches, measured four and one-half (4 1/2) feet
from the ground. Trees shall be selected from the preferred tree list
with a replacement ratio of 75% deciduous and 25% conifers.
k.
An applicant shall make a contribution to the Tree Bank Fund of $350
per tree if it can be shown that the current property cannot support
the planting of additional trees, so that these trees would flourish
and grow. The Borough Engineer may request that the applicant hire
a landscape architect to certify that the property cannot support
the planting of the required trees and show that the critical areas
on the property have been planted with new trees to reduce the effects
of soil erosion on steep slopes, streams and drainage areas.
[Amended 3-7-2019 by Ord.
No. 19/03]
l.
The cash equivalent of $350 per tree should be placed in the Tree
Bank Fund to be used for the purchase of future tree plantings on
public property within the Borough as determined by the Traffic and
Beautification Committee in consultation with the Department of Public
Works. The future tree plantings will be located in areas such as
steep slopes, stream areas, buffer areas and other areas to improve
drainage and reduce soil erosion.
[Amended 3-7-2019 by Ord.
No. 19/03]
[Ord. No. OR:11/14]
a.
Tree protection measures and the limit-of disturbance line shown
on the tree removal/replacement plan shall be provided in the field
with snow fencing or other durable material and verified by the Borough
Engineer or other designated official prior to soil disturbance.
b.
Protective barriers shall not be supported by the plants they are
protecting, but shall be self-supporting. Barriers shall be a minimum
of four feet high and last until construction is complete.
c.
Chain link fence may be required for tree protection if warranted
by site conditions and relative rarity of the plant.
d.
Snow fencing used for tree protection shall be firmly secured along
the dripline, but not less than six feet from the trunk.
e.
The grade of the land located within the dripline shall not be raised
or lowered more than six inches unless compensated by welling or retaining
wall methods; and in no event shall welling or retaining wall methods
be located less than six feet from the trunk of a tree.
f.
No soil stockpiling, storage of building materials, construction
equipment or vehicles shall be permitted within the dripline or within
six feet of any protected trees, whichever is greater.
g.
Any clearing within the dripline, or within six feet of the trunk
of a remaining tree, whichever is greater, shall be done by hand-operated
equipment.
[Ord. No. OR:11/14; Ord. No. 14/13]
a.
All live trees removed outside the primary building envelope shall
be replaced on a one to one ratio. Where land clearing and/or construction
operations on the site result in the removal of or severe damage (which
will eventually result in the death) to any tree noted for preservation,
the person or entity responsible for the removal shall replace the
tree(s) with another tree of the same species or from the preferred
tree list at a size of at least two and one-half (2 1/2) inches
in diameter if replacing a tree of 18 inches in diameter or less or
a minimum of four inches in diameter if replacing a tree with a diameter
greater than 18 inches measured at a point four and one-half (4 1/2)
feet above ground. Also, the person or entity responsible for the
removal must comply with a replacement ratio of 75% deciduous and
25% conifers.
b.
A final tree survey, after the required tree replacement, may be
required by the Borough Engineer in order to determine if compliance
has been met. The survey, at the discretion of the Borough Engineer,
may be required to be made by a licensed State of New Jersey land
surveyor.
c.
Replacement shall be completed within one year of project completion,
or if an existing property, within one year of receiving a permit.
[Ord. No. OR:11/14; Ord. No. 14/13]
a.
The filing fee for an application by a lot owner or the developer
of the land is hereby waived.
[Amended 3-7-2019 by Ord.
No. 19/03]
b.
Notwithstanding Subsection a of this section, where the application involves a subdivision or site plan application, the applicant shall pay a fee of $100 for each lot for the permit, inspection and application review. Except as provided in § 24-7a, upon receipt, the Borough Engineer shall immediately forward copies of the application to the Environmental Commission.
[Amended 3-7-2019 by Ord.
No. 19/03]
c.
Notwithstanding Subsection a of this section, where the application involves a subdivision or site plan application, new construction or demolition, the applicant shall post a cash bond in the amount of $200 for each tree to be replaced, with a minimum amount of $1,000 for each lot in the form acceptable to the Borough of Watchung to guarantee compliance with the approved tree removal/replacement plan.
[Amended 3-7-2019 by Ord.
No. 19/03]
d.
Whenever a tree has been replaced with another tree, the cash bond
referred to hereinbefore shall not be released to the applicant for
a period of two years, and only after the Borough Engineer has inspected
the new tree and approved the release.
e.
Where the application involves a subdivision or site plan application,
the applicant shall reimburse the Borough for all direct or indirect
costs in connection with the review of the application.
[Ord. No. OR:11/14]
Tree removal is prohibited as follows:
a.
Tree removal is not permitted when it will expose vacant land, billboards,
utility substations, transmission towers, quarries, or other commercial
structures or operations, except where trees are dead or diseased
and/or endanger life or property.
b.
A tree classified as a historic, endangered species or specimen tree
shall not be removed.
c.
Trees in public rights-of-way, parks, or public areas may not be
removed without complying with this chapter.
[Ord. No. OR:11/14]
a.
The Borough Engineer or designee shall be the enforcing officer under
this chapter.
b.
The Borough Engineer may order any tree removal or other activity,
which is carried on in violation of any tree removal permit or any
provision of this chapter to be stopped forthwith. The order shall
be issued in writing and a copy served upon the owner of the lot and
the person engaged in tree work upon the subject lot. Thereafter,
except for such work as is necessary to remedy the violation, any
further work shall comply with the terms and conditions of any permit
issued and the provisions of this chapter.
c.
Prior to the issuance of a summons, the Borough Engineer shall provide
a notice of violation, which notice will provide for a 30 day period
to cure or remedy the violation.
[Ord. No. OR:11/14]
If the request for a permit is denied, the Borough Engineer
shall promptly notify the applicant, setting forth the reasons in
writing. The applicant shall have the right to appeal any denial by
the Borough Engineer to the Mayor and Council of the Borough of Watchung
within 10 days of receipt of the Borough Engineer's decision.
The appeal shall be by written notice of appeal to the Borough Clerk.
The Mayor and Council shall hear the appeal within 30 days after filing.
The Mayor and Council may, in its discretion and upon complete review
of the application, and after hearing testimony, modify, reverse or
affirm the denial.
[Ord. No. OR:11/14]
a.
Any person who shall violate any provision of this chapter shall,
upon conviction thereof, be punishable by one or more of the following:
a minimum fine of $500 not to exceed $2,000 or imprisonment for a
period not exceeding 90 days or to a period of community service not
exceeding 90 days at the discretion of the Municipal Court.
b.
Each tree removed without a tree removal permit shall be considered
a separate and distinct offense punishable by separate fines.
c.
In addition to these fines and penalties, any person found guilty
of violating this chapter shall be required to replace each tree removed
without the required tree removal permit with another tree of the
same species or from the preferred tree list at a size of at least
two and one-half (2 1/2) inches in diameter measured at a point
four and one-half (4 1/2) feet above ground. If the trees removed
without a permit were greater than 18 inches in diameter, then the
replacement tree shall be four (4") inches in diameter.
d.
Any person who is convicted of violating this chapter within one
year of the date of a previous violation of this chapter and who was
fined for the previous violation, shall be sentenced by the Municipal
Court to an additional fine as a repeat offender. The additional fine
imposed by the Municipal Court upon a person for a repeated offense
shall not be less than the minimum or exceed the maximum fine fixed
for a violation of this chapter, but shall be calculated separately
from the fine imposed for the violation of this chapter.
e.
Except as otherwise provided, each and every day in which a violation
of this chapter exists shall constitute a separate violation.
[Ord. No. OR:11/14]
If any section, subsection, paragraph, sentence, clause, phrase
or word contained in this chapter shall be declared unconstitutional
or invalid for any reason whatsoever, such decision shall not affect
the remaining portions of this chapter, which shall remain in full
force and effect, and to this end the provisions of this chapter are
hereby declared to be severable.
[Ord. No. OR:11/14]
This chapter shall take effect immediately upon final adoption
and publication, all in accordance with law.
