[HISTORY: Adopted by the Mayor and Council of the Borough
of Mount Arlington as Chapter XV of the 1982 Compilation. Amendments
noted where applicable.]
A.
The Mayor and Council has determined through its experience and observations
and in its consultation with the Planning Board that in the regulation
and control of land development there has been indiscriminate, excessive
and uncontrolled removal, cutting and destruction of trees upon tracts
of lands within the Borough of Mount Arlington.
B.
The purpose of this chapter is to regulate and control this indiscriminate
and excessive removal, cutting and destruction of trees to prevent
conditions which cause increased surface drainage with commensurate
loss of groundwater infiltration to replenish subsurface water supplies;
siltation, sedimentation, soil erosion and decreased soil fertility;
dust conditions and mosquito breeding places; and impairment of the
stability and value of real estate; all of which conditions are now
and will be in the future a detriment to the public safety, health
and general welfare.
As used in this chapter, the following terms shall have the
meanings indicated:
The cutting of the main trunk of a tree, so that the tree
is destroyed or such cutting will lead to its destruction, but such
"cutting" shall not be construed to prohibit normal pruning.
As defined in Land Development Ordinance of the Borough of
Mount Arlington.[1]
A person professionally qualified to enforce the terms, conditions
and penalties of this chapter and to issue permits and supervise the
conservation of trees within the Borough of Mount Arlington, which
position is hereby created.
As defined in the existing Land Development Ordinance of
the Borough of Mount Arlington.
A plan for the management of timbered or forested land development
under the authority of a federal, state or municipal agency.
Such land which is devoted for horticultural purposes under
controlled agricultural conditions.
A license issued by the Mount Arlington Planning Board/Land
Use Board, or other designated official of the Borough of Mount Arlington,
in conjunction with an application for development, for the purpose
of cutting, removing or destroying trees.
[Amended 5-7-2007 by Ord.
No. 08-07]
As defined in Land Development Ordinance of the Borough of
Mount Arlington.[3]
As defined by Land Development Ordinance of the Borough of
Mount Arlington.[4]
Any woody perennial plant, having a diameter greater than
eight inches, measured from a point 4 1/2 feet above ground (dbh
forestry method).
[Amended 12-4-2018 by Ord. No. 22-18]
Except as provided by the terms of this chapter, no person shall cut, destroy or remove any tree located within the confines of the Borough of Mount Arlington which is in excess of the size established by § 161-2.
Except as hereinafter provided, any person desiring to remove, cut or destroy any living tree in excess of the size established by § 161-2 shall prepare and submit an application, on the forms provided by the municipality, and pay the appropriate fee prior to the issuance of any permit. The permit shall be prominently displayed in the immediate vicinity of the cutting operation.
A.
Forms and filing procedures for applications. Forms and filing procedures
for applications shall be as follows:
(1)
Applications without building permit. For removal, cutting or destroying
of a tree or trees from a lot or parcel of land for which no building
permit is required, by filing such application with the Enforcement
Officer created and designated by this chapter, who shall also consider
and decide upon applications and issue the appropriate permit(s);
provided, however, that the provisions of this subsection shall not
apply in connection with a management plan.
(2)
Applications with building permit. For removal, cutting or destroying
of a tree or trees from a lot or parcel of land for which a building
permit is required and for which the applicant is not required to
obtain approval from the Borough of Mount Arlington Planning Board/Land
Use Board as a condition precedent, by filing such application with
the Enforcement Officer created and designated by this chapter at
the time application is made for a building permit. The Enforcement
Officer shall also consider and decide such application and issue
the appropriate permit(s).
[Amended 5-7-2007 by Ord.
No. 08-07]
(3)
Application which requires approval of Planning Board or Board of
Adjustment or variance. For removal, cutting or destroying of a tree
from a lot for which the applicant is required to obtain approval
from the Borough of Mount Arlington Planning Board/Land Use Board
as a condition precedent for development, by filing such application
with the appropriate Board, which Board shall consider and decide
said application and issue the appropriate permit(s). The Borough
of Mount Arlington Planning Board/Land Use Board shall have power
to grant such exceptions from the requirements of this chapter as
may be reasonable and within the general purpose and intent of this
chapter if the literal enforcement of one or more provisions of the
chapter is impractical or will exact undue hardship upon the applicant.
[Amended 5-7-2007 by Ord.
No. 08-07]
(4)
Application for transplanting or removal of diseased or damaged trees.
For removing and transplanting of trees in living condition to other
locations or the removal of diseased or damaged trees, by filing such
application with the Enforcement Officer created and designated by
this chapter, who shall also consider such applications and issue
the appropriate permit(s).
(5)
Applications for management plan. For removal, cutting or destroying
of a tree or trees in connection with a Tree Management Plan, by filing
such application with the appropriate state or federal agency where
said agency is empowered with such jurisdiction. In addition thereto,
the applicant shall also file an application with the Planning Board
of Mount Arlington, which Board shall consider and decide said application
and issue the appropriate permit(s). The applicant shall pay, in addition
to any fees imposed by the state or federal agency, a fee to the Borough
of Mount Arlington in accordance with the fee schedule of this chapter.
B.
Application content.
(1)
The application form supplied by the Borough of Mount Arlington shall
contain, as a minimum, the following information:
(a)
The name and address of the applicant and status of legal entity
(individual, partnership, corporation of this or any other state,
etc.).
(b)
The status of the applicant with respect to the land (owner,
lessee, tenant, purchaser under contract, etc.).
(c)
The written consent of the owner of the land, if the applicant
is not the owner.
(d)
The name of person preparing any map, drawing or diagram submitted
with and as a part of application.
(e)
The location of the property, including street number and address
and block and lot number, as shown on the Official Tax Map of the
Borough of Mount Arlington.
(f)
The number of trees to be removed and the species and approximate
size of each such tree.
(g)
The purpose for tree removal (construction, street or roadway,
driveway, utility easement, recreation area, patio, parking lot, etc.).
(h)
A diagram of the lot or parcel of land, specifically designating
area or areas of proposed tree removal and proposed use of such area.
(i)
A plan or diagram showing landscaping details of disturbed areas.
(j)
Such other information as may be deemed necessary in order to
effectively process and decide such application.
(k)
The zone designation where the property is located.
(2)
The number of copies of each application form to be submitted by
the applicant shall be prescribed by the appropriate decisional authority
to whom such application is to be submitted.
C.
Certificate of occupancy. No certificate of occupancy shall be issued
unless tree removal has been in accordance with the approved plan
and all trees required to be planted in accordance with the approved
plan or a bond guaranteeing that such planting has been posted with
the Borough Clerk. The bond shall be in the principal sum of $100
per tree involved.
Prior to the acceptance of an application for a permit under
this chapter, the applicant shall pay to the Borough of Mount Arlington
the following fees:
A.
Application without building permit: $25 per acre or fraction thereof.
[Amended 3-15-1995 by Ord. No. 95-11]
B.
Application with building permit: $25 per acre or fraction thereof.
[Amended 3-15-1995 by Ord. No. 95-11]
C.
Application with subdivision, site plan or variance. Fifty dollars
per acre or fraction thereof.
[Amended 3-15-1995 by Ord. No. 95-11]
D.
Application for management plan: $50 per acre or fraction thereof.
[Amended 3-15-1995 by Ord. No. 95-11]
E.
Engineer and expert cost. The owner or applicant shall reimburse
the borough for all costs of the Municipal Engineer or other expert
advice and technical assistance obtained in connection with the application
for an approved plan in addition to the above fee schedule and shall
deposit with the borough before the hearing thereon an amount estimated
to cover said additional costs.
F.
Application for transplanting or removal of diseased or damaged trees:
No fee shall be charged in connection therewith.
G.
Tree bank fee: the fee for trees proposed for removal that are not
replaced on site per tree is $300 per tree.
[Added 12-4-2018 by Ord.
No. 22-18]
A.
Prior to taking final action upon any application for tree removal,
an inspection of the site shall be made as follows:
(1)
By the Enforcement Officer in those cases where final determination
is to be made by him as to the granting or denial of an application.
(2)
By a duly designated representative or by representatives of the
Borough of Mount Arlington Planning Board/Land Use Board in those
cases where final determination is to be made by that Body as to the
granting or denial of an application.
[Amended 5-7-2007 by Ord.
No. 08-07]
B.
Such inspection shall be made of the site referred to in the application
and of contiguous and adjoining lands, as well as of lands in the
vicinity of the application, for the purpose of determining drainage
conditions and physical conditions existing thereon.
C.
The person conducting such inspection shall have the right to request
an opinion and report from the Borough Engineer or other duly qualified
expert in those cases where the inspection reveals that tree removal
poses a potential detriment to the immediate or surrounding environment.
The applicant shall reimburse the borough for fees paid to the Borough
Engineer or other qualified expert in connection with preparation
of his opinion and/or report.
An application for tree removal shall be granted for the following
reasons, and under the following terms and conditions:
A.
Areas to be occupied by buildings or other structures. Where the
area proposed for tree removal is to be occupied by a building or
other structure; a street or roadway; a driveway; a parking area;
a patio, a swimming pool; a recreation area; a power, storm drainage,
sanitary sewer or any other utility line, easement or right-of-way;
or a clearance area for the placement or storage of soil, fill or
construction materials or debris during tree removal and/or construction
operation; or where the area of tree removal is not greater than 20
feet on either side or the perimeter of any of the foregoing, whichever
is applicable.
B.
Areas to be occupied by other uses. In areas proposed for tree removal
which are not to be occupied by any of the uses or facilities set
forth in Subsection A hereinabove:
(1)
Where the continued presence of such tree or trees is likely to cause
danger to person or property for which removal is sought or upon adjoining
or nearby property.
(2)
Where the area in which such tree or trees are located had a cut,
depression or fill of land or the topography of the land is of such
character as to be injurious or dangerous to such tree or trees or
to tree or trees located nearby.
(3)
Where the removal of trees is for the purpose of thinning out a heavily
wooded area, but not in connection with a management plan, with some
trees to be removed and other trees to remain. The planting of seedlings
or other replacement trees may be made a condition of such removal.
C.
Finding of no adverse impact. Upon an express finding by the appropriate
decisional authority that the proposed tree removal will not result
in or cause, increase or aggravate any or all of the following conditions:
(1)
The impaired growth or development of remaining trees on the property
of the applicant or upon adjacent property.
(2)
Soil erosion, sedimentation and siltation.
(3)
Dust conditions.
(4)
Storm drainage or sanitary sewerage problems.
(5)
Dangerous or hazardous conditions.
(6)
Depression in the land value of the subject property and properties
in the neighboring area.
D.
Protection of trees. Whenever an application for tree removal is
granted under the terms and conditions of this chapter, the tree protection
standards as set forth in the New Jersey Standards for Soil Erosion
and Sediment Control, as promulgated by the New Jersey State Soil
Conservation Committee, shall be observed and govern.
[Amended 12-4-2018 by Ord. No. 22-18]
E.
Replacement and planting of trees. When trees
are proposed for removal, at least one for every five trees removed
shall be replaced on the site. A planting plan shall be presented
to the appropriate approving agency, which agency shall have the right
to have said plan reviewed by an appropriate professional consultant.
The applicant shall reimburse the Borough for any fees paid to such
consultant for review and preparation of opinion and/or report. The
plan shall follow standards and recommendations set forth as follows:
[Amended 12-4-2018 by Ord. No. 22-18]
(1)
Species selection shall be according to published recommendations
of the New Jersey Federation of Shade Tree Commissions.
(2)
Planting stock shall conform to published standards of the American
Association of Nurserymen.
(3)
Planting stock shall be procured from a New Jersey nursery, certified
by the Division of Plant Industry, New Jersey Department of Agriculture,
or equivalent. Receipt of the purchase must be available upon request
by an authorized borough official.
F.
Management operations.
(1)
No cutting of trees for pulp wood, saw logs or other commercial operations
for profit, or operations for purposes of farm assessment, on sites
of one acre or more shall be conducted unless the owner of the property
in question, or his authorized agent, first obtains a permit as provided
under this chapter. All cutting under this subsection shall be in
accordance with a plan approved by the Planning Board and appropriate
state or federal agency having concurrent jurisdiction.
(2)
Where a permit for cutting of trees is sought under the authority
of the Mount Arlington Planning Board, then said plan shall show the
area to be logged, existing tree species and sizes, trees to be removed
and conservation methods to be followed, boundary lines of the applicable
lands, a list of the property owners adjacent to and within 200 feet
of said boundaries. In evaluating said application, the Planning Board
shall consider the following: the impact of cutting upon fire prevention
and protection; conservation and ecological considerations; site rehabilitation
and that the cutting shall have no adverse impact as heretofore defined.
In making such determination the Planning Board shall have the right
to consult with the professional experts, and the applicant shall
reimburse the borough for any fees paid to said expert for consultation
and preparation of opinions or reports in connection therewith. Upon
granting the permit, the Planning Board may impose such reasonable
requirements deemed necessary to fulfill the above conditions. Permits
issued under the authority of this subsection shall be valid only
as long as the cutting conforms to the approved plan and may be voided
by the Enforcement Officer, after reasonable notice, upon a violation
thereof. "Reasonable notice" under this subsection shall be deemed
to be 24 hours.
G.
Conditions of approval. The appropriate decisional authority shall
have the power to affix reasonable conditions to the granting of the
permit for the removal of trees.
The following lands, activities and uses shall be exempt from
the permit requirements and other terms and conditions of this chapter:
A.
Any tree located on a lot of one acre or less in size on which a
single-family dwelling has been erected.
B.
Any tree growing on property, actually being used as a nursery, garden
center, Christmas tree plantation or orchard.[1]
[1]
Editor's Note: Former Section 15-8C, which included provisions
relating to the former borough landfill, and which immediately followed
this subsection, was deleted 3-15-1995 by Ord. No. 95-11.
C.
Any tree growing in a public right-of-way as shown on an approved
preliminary subdivision map.
D.
Any dead or diseased tree that is likely to endanger life or property
or an adjoining property owner or his property.
[Amended 3-15-1995 by Ord. No. 95-11]
In addition to any rights and privileges afforded to any aggrieved
party under state or federal laws, statutes or departmental rules
and regulations, any aggrieved party shall have the right to appeal
any aforesaid decisions, unless said appeal has been preempted by
state or federal law, statute or regulation, to the Mount Arlington
Council, within 10 days of receipt of the decision or violation. Said
appeal shall be by written notice to the Council and appropriate agency
and Enforcement Official. The Council shall proceed to hear said appeal,
upon notice to the applicant, within 45 days after the filing of said
notice of appeal and after hearing the testimony of the Enforcement
Official, the Borough Engineer and/or other consultants, the Environmental
Commission, if any, the applicant and any other interested party;
the Council may refer the application to the Planning Board for review
and recommendation, which review and recommendation shall be presented
in the form of a resolution no later than 30 days after receipt; and
thereafter the Council may reverse, modify or affirm the aforesaid
decision.
The Mayor and Council may appoint as Enforcement Officer a person
qualified by background, training and experience to enforce the terms
and conditions of this chapter, and such person may be designated
as the "Enforcement Officer." In the absence of such an appointment,
the Construction Official of the Borough of Mount Arlington shall
act as the Enforcement Officer under this chapter, with all powers
and duties appendant thereto. Nothing hereunder shall prevent any
member of the Police Department of the Borough of Mount Arlington,
and each such member is hereby empowered, to issue summonses returnable
before the Municipal Court of Mount Arlington, under those circumstances
where a person is unable to produce a duly executed permit under this
chapter.
Permits granted for the removal of trees under the terms and
conditions of this chapter shall run with the land and shall remain
in force and effect for the following periods of time, and not thereafter:
A.
If granted for a lot or parcel of land for which no building permit
is required, one year from the date of issuance.
B.
If granted for a lot or parcel of land for which a building permit
is required but for which no approval is required by the Mount Arlington
Planning Board/Land Use Board, until expiration of the building permit.
[Amended 5-7-2007 by Ord.
No. 08-07]
C.
If granted for a lot for which approval from the Mount Arlington
Planning Board/Land Use Board is a condition precedent, then said
permit shall run concurrent until the expiration of the development
as approved by the Board.
[Amended 5-7-2007 by Ord.
No. 08-07]
D.
If granted for a management plan, then for a period of time as granted
by the Planning Board or the state or federal agency or for a period
of one year where issued under municipal authority; provided, however,
that the appropriate fee shall be paid to the Borough of Mount Arlington
on an annual basis regardless of the length of approval granted by
either the state or federal agency.
E.
Renewals of permits shall not be unreasonably denied at the expiration
of the periods herein provided.
[Amended 7-8-02 by Ord. No. 02-23; 5-7-2007 by Ord. No.
08-07]
In addition to the powers conferred to the members of the Police Department of Mount Arlington, the Enforcement Officer, either on his own initiative or upon the recommendation of the Mount Arlington Planning Board/Land Use Board, shall, in the event of a violation hereunder or failure to comply with the requirements of a permit, revoke any tree removal permit or permits granted hereunder, building permit or permits, certificate or certificates of occupancy, as the case may be, or issue such stop order or stop orders, as the case may be, and seek to enjoin any such failure or violation through a court of competent jurisdiction or to take such other steps as may be authorized and permitted by law to correct such violation or enforce implementation of the terms and conditions of this chapter. Any person, firm, corporation or other legal entity in violation of any provision of this chapter shall, upon conviction thereof, be liable to the penalty provided by Chapter 1, Article III, for each such offense. Each separate act, action or conduct in violation of this chapter shall constitute a separate offense.
[Added 12-4-2018 by Ord.
No. 22-18]
The purpose of this chapter is to provide a fund for the planting
of trees within the Borough of Mount Arlington. More specifically,
when an applicant for a tree removal permit has demonstrated an inability
to comply with the tree replacement requirements of the chapter, then
the applicant shall pay a per tree fee to the Tree Bank. Public or
private entities that wish to donate to the Borough of Mount Arlington
to provide for trees to be planted may donate to the Tree Bank for
said purpose.
[Added 12-4-2018 by Ord.
No. 22-18]
The Tree Bank applies to all tree removal permits, where an
applicant may be required to replace trees.
[Added 12-4-2018 by Ord.
No. 22-18]
A.
The Borough shall establish and maintain a Tree Bank where fees collected
from applicant contribution pursuant to § 161-7E(4) shall
be kept. The fund shall be utilized by the Borough Administrator,
or designee, for tree planting in the Borough of Mount Arlington.
B.
Funds within the Tree Bank shall be allocated to at least one tree
planting event per year subject to fund availability.
C.
Trees planted by Tree Bank funds should be located as closely as
possible to the areas where tree removal occurred that generated payments
to the Tree Bank.
D.
The Borough Tree Bank Fund may also accept donations and/or funds
from other sources for the express purpose of planting trees at locations
selected by the Borough Administrator or designee.
